| THE MINISTRY OF NATURAL RESOURCES AND ENVIRONMENT OF VIETNAM | THE SOCIALIST REPUBLIC OF VIETNAM |
| No.: 08/VBHN-BTNMT | Hanoi, September 19, 2023 |
The Government’s Decree No. 43/2014/ND-CP dated May 15, 2014 on elaboration of the Land Law, coming into force from July 01, 2014, is amended by:
1. The Government’s Decree No. 01/2017/ND-CP dated January 06, 2017 providing amendments to Decrees on elaboration of the Land Law, coming into force from March 03, 2017.
2. The Government’s Decree No. 136/2018/ND-CP dated October 05, 2018 providing amendments to Decrees on investment and business conditions in the field of natural resources and environment, coming into force from October 05, 2018.
3. The Government’s Decree No. 62/2019/ND-CP dated July 11, 2019 providing amendments to the Government’s Decree No. 35/2015/ND-CP dated April 13, 2015 on management and use of land areas for rice cultivation, coming into force from September 01, 2019.
4. The Government’s Decree No. 148/2020/ND-CP dated December 18, 2020 providing amendments to Decrees on elaboration of the Land Law, coming into force from February 08, 2021.
5. The Government’s Decree No. 104/2022/ND-CP dated December 21, 2022 providing amendments to Decrees on submission and presentation of household registration books and temporary residence registration books when following administrative procedures and providing public services, coming into force from January 01, 2023.
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Pursuant to the Law on Government Organization dated December 25, 2001;
Pursuant to the Land Law dated November 29, 2013;
At the request of the Minister of Natural Resources and Environment of Vietnam, the Government promulgates a Decree on elaboration of the Land Law No. 45/2013/QH13. 1
1. This Decree elaborates on certain Articles and Clauses of the Land Law No. 45/2013/QH13 (hereinafter referred to as the “Land Law”).
2. Certain Articles and Clauses of the Land Law regarding compensation, support and relocation; land price; collection of land levies; collection of land and water surface rents; imposition of penalties for land-related administrative violations are elaborated in other Government’s Decrees.
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2. Land users defined in Article 5 of the Land Law.
3. Other entities involved in land management and use.
Article 3. Determination of land types 2
1. The type of a land parcel used in the absence of documents defined in Clauses 1, 2 and 3 Article 11 of the Land Law shall be identified in the following manner:
a) If the land parcel is stably used and is not gained through illegal encroachment, occupation or conversion, its type shall accord with the current form of use;
b) If the land parcel is gained through illegal encroachment, occupation or conversion, its type shall be traced from its origin and progress of land management and use.
2. The type of a land parcel allocated, leased or enabled to be converted by the Government shall be determined according to the land use planning, construction planning, urban planning, rural residential area planning and new-style rural commune development planning, which have been approved by competent government authorities, and the investment project.
3. The type of a land parcel (on which there is neither garden nor pond) used for various purposes, as prescribed in Clause 1 and Clause 2 of this Article, shall be determined in the following manner:
a) If the boundaries of the segments in different use are specified, the land parcel shall be divided by use and the use of each divided lot is determined;
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The main purpose of use of a land area for construction of a multi-purpose apartment building whose floor area is partly used for offices and commercial trading and service establishments shall be residential.
4. Provincial People’s Committees shall determine the type of land, as stated in Clauses 1, 2 and 3 of this Article, being used by religious establishments, foreign-invested enterprises, foreign diplomatic organizations or Vietnamese expatriates for an investment project. People's Committee of a district, district-level town or provincial city (hereinafter referred to as the “district-level People's Committee”) shall determine the type of land concerning households, individuals, residential communities or Vietnamese expatriates permitted to own residential houses pursuant regulations of law on residential housing. The type of land expropriated shall be determined by the agencies authorized to expropriate such land as per regulations of the Land Law.
Provincial People’s Committee shall determine the type of land over which the authority to determine land type belongs to both the provincial People’s Committee and district-level People's Committee.
Article 3a. Verification of stable incomes from agricultural production of a household or individual engaged directly in agricultural production shall be subject to Clause 30 Article 3 of the Land Law 3
People's Committee of a commune, ward or commune-level town (hereinafter referred to as the “communal People’s Committee”) shall be responsible for verifying the stable incomes of a household or individual from agricultural production in the following manner upon processing of procedures for land allocation, registration of acquisition of land use rights (LURs) through transfer or donation, issuance of certificates of LURs and ownership of house and other property on land, or compensation and support consequential to the Government’s expropriation of land:
1. The communal People's Committee at which the permanent address 4 of the household or individual directly engaged in agricultural production is registered shall verify their stable income(s) from agricultural production.
2. If a household or individual uses a land parcel located in a commune other than that of their registered permanent address5, the communal People’s Committee at which their permanent address6 is registered shall verify the stable incomes of that household or individual after receiving a written confirmation of the use of agricultural land from the People’s Committee of the commune where the land parcel exists.
LAND AUTHORITIES AND LAND MANAGEMENT AND USE-RELATED SERVICES
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1. Local land authorities include:
a) Land authorities of provinces and central-affiliated cities are provincial Departments of Natural Resources and Environment;
2. 7 Local agencies in charge of natural resources and environments, including provincial Departments of Natural Resources and Environment, district-level Departments of Natural Resources and Environment, and Land Registration Offices, shall be given certain assignments of state management of land.
3. 8 Provincial People’s Committees and district-level People’s Committees shall organize land authorities in their localities; district-level People’s Committees shall appoint cadastral officers of communes, wards and commune-level towns to perform land management tasks.
4. 9 The Ministry of Natural Resources and Environment of Vietnam (MONRE) shall play the leading role and cooperate with the Ministry of Home Affairs of Vietnam in prescribing the functions, tasks and organizational structure of local land authorities and tasks of cadastral officers of communes, wards and commune-level towns.
Article 5. Land-related services
1. Land registration offices:
a) 10 Land registration office is a public service unit affiliated to a provincial Department of Natural Resources and Environment and is formed or reorganized by the relevant provincial People’s Committee by merging the existing Office of land use right (LUR) registration under the provincial Department of Natural Resources and Environment and the existing Offices of LUR registration under the district-level Departments of Natural Resources and Environment in the same province. It is a juridical person in possession of its own location, seal and account to operate in accordance with regulations of law.
The functions of a land registration office are to register land and land-attached property; issue, or make endorsements in, certificates of LURs and ownership of house and other property on land as per regulations 11; take measurements, produce, manage, update, revise and match cadastral documents with land database; reckon up and inventory land; release land information to requesting organizations and individuals as per regulations and provide other services on the premise that its functions and missions accord with competence prescribed by laws;
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c) 12 Funding for covering operational expenses of land registration offices must comply with regulations of law on funding of public service units.
Users of services rendered by land registration offices must pay service charges. When following procedures for registration and issuance of certificates of LURs and ownership of house and other property on land, applicants shall pay fees for processing of their applications and appraisal of conditions for registration and issuance of certificates of LURs and ownership of house and other property on land; pay fees for remaining procedures at the prices of public services quoted by provincial People’s Committees.
2. Land fund development organizations:
a) Land fund development organization is a public service unit established in accordance with the law on establishment, reorganization and dissolution of public service units; it is a juridical person in possession of its own location, seal and account to operate in accordance with regulations of law; it has branches in districts, district-level towns and provincial cities. Where both a provincial land fund development organization and district-level land fund development organizations are established in a province, these organizations shall be consolidated into a land fund development organization.
Land fund development organizations have the functions of creating, developing, managing and exploiting land funds; organizing the performance of compensation, support and relocation tasks; receiving LURs transferred from organizations, households and individuals; organizing the auction of LURs and providing other services.
b) Funding for covering operational expenses of land fund development organizations must comply with regulations of law on funding of public service units.
3. 13 Land-related services include:
a) Land survey and assessment; soil improvement;
b) Land use planning;
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d) Land pricing consultancy;
dd) Auction of LURs;
e) Compensation, support and relocation;
g) Provision of information, data about land, and information about LUR markets and other land information;
h) Receipt of applications for processing of land-related administrative procedures and return of application processing results at the time and place requested by service users;
i) Other services conformable with assigned functions and tasks.
4. The MONRE shall play the leading role and coordinate with the Ministry of Home Affairs of Vietnam and the Ministry of Finance of Vietnam in prescribing organizational structure, tasks and operating mechanism of land registration offices and land fund development organizations.
5. Land registration offices and land fund development organizations must be established or reorganized before December 31, 2015. Pending the establishment or reorganization of these offices or organizations as prescribed in Clauses 1 and 2 of this Article, existing LUR registration offices and land fund development centers may continue operating according to their assigned functions and tasks.
Article 5a. Competence of an organization or individual surveying and assessing land 14
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a) Its function, if it is a governmental public service unit, is to survey and assess land;
b) It employs at least 02 (two) individuals who meet the requirements defined in Clause 2 of this Article.
2. An individual from an organization whose function is to survey and assess land shall conduct the survey and assessment of land upon his/her satisfaction of the following requirements:
a) Possess university or higher qualifications in land management, cadastral management, land science, pedology, environment and other specializations that concern land surveying and assessment;
b) Have worked in the sector of land resource management or land survey and assessment for at least 30 (thirty) months.
3. Organizations analyzing soil samples are required to have or hire a soil analysis laboratory certified by competent authorities.
Article 5b. Requirements for organizations and individuals engaged in construction of the land information system 15
1. 16 The requirements to be satisfied by organizations and individuals engaged in the construction of information technology infrastructure and software of the land information system shall be subject to applicable regulations on management, investment and application of information technology and relevant laws.
2. 17 A public service unit or an enterprise can establish the land database upon its satisfaction of the following requirements:
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b) It employs at least 05 (five) persons and at least 10 (ten) persons who meet the requirements defined in Clause 3 of this Article for establishing a district-level land database and for establishing a provincial or central land database respectively.
3. A person can build a land database for an organization establishing the land database upon his/her satisfaction of the following requirements:
a) 18 (abrogated)
b) Possess university or higher qualifications in land management, cadastral management, cartography, information technology or another specialization involving land database;
c) Have worked in the sector of land resource management or have built land databases for at least 24 months.
4. 19 (abrogated)
5. 20 (abrogated)
Article 6. Land development fund
1. Land development funds specified in Article 111 of the Land Law shall be established in accordance with regulations of law on establishment, reorganization and dissolution of public service units or mandated to be managed by local development investment funds or other financial funds before January 01, 2015. Land development funds are state financial institutions affiliated to provincial People’s Committees, have the juridical person status, conduct independent accounting, have their own seals and may open accounts at the State Treasury and credit institutions for their operation in accordance with regulations of law.
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2. Funding of land development funds shall be derived from the state budget and incorporated in local-government budget estimates upon their establishment and annually supplemented; and may be mobilized from other sources, including aid, financial assistance, support or sources entrusted for management of international organizations, domestic and foreign organizations and individuals under aid, financial assistance or entrustment programs or projects in accordance with regulations of law.
Based on annual land use plans and depending on actual conditions of each province, provincial People’s Committees shall request provincial People's Councils to make decision on state budget allocations given to land development funds upon their establishment and specific annual additional allocations to be given to these funds.
3. Land development funds shall be used to advance capital for land fund development organizations and other organizations to pay costs of compensation, land clearance and creation of land funds under land use plans/plannings approved by competent authorities.
4. 21 The Ministry of Finance of Vietnam shall present the sample regulations on management and use of land development fund to the Prime Minister of Vietnam for promulgation; issue regulations on allocation, recording, disbursement and finalization of expenditures, mobilization and use of finances from the land development fund and mechanism of mandate to other local development investment funds and financial funds if an independent land development fund is not established in accordance with regulations of law on management of state budget and State financial funds.
Based on Clauses 1, 2 and 3 of this Article, the Prime Minister’s sample regulations on management and use of land development fund and other relevant regulations, Provincial People's Committees shall decide to establish land development funds, or revise functions and tasks of existing ones, and decide organizational structure, funding sources and operational mechanism of land development funds in line with local actual conditions.
Article 7. Formulation and modification of land use plannings/plans 22
1. Responsibility to determine land use demands in formulation and modification of national land use plannings/plans is determined as follows:
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b) Ministries, central-government authorities and provincial People’s Committees shall send reports on their land use demands to the MONRE within 45 days after receiving the latter’s written request for registration of land use demands;
c) The MONRE shall consolidate and balance land use demands and plan on allocation of national land use norms to every socioeconomic region and provincial administrative unit.
2. Responsibility to determine land use demands in formulation and modification of provincial land use plans:
a) Provincial departments/authorities shall determine land use demands for projects with land use within provincial land use norms for every district-level administrative unit; district-level People’s Committees shall determine land use demands of their districts;
b) Provincial departments/authorities and district-level People’s Committees shall send reports on their land use demands to provincial Departments of Natural Resources and Environment within 30 days after receiving the latter’s written request for registration of land use demands;
c) Provincial Departments of Natural Resources and Environment shall plan the allocation of land use norms in the national land use plan for every district-level administrative unit; consolidate and balance the land use demands and plan the allocation of provincial land use norms to every district-level administrative unit;
d) Where it is necessary to change the sizes, locations and number of projects/works of the same land type without changing land use norms and areas according to the land use functions defined in an approved provincial land use plan, the provincial People’s Committee shall submit such changes to the same-level People's Council for approval before including such changes in district-level land use plannings/plans.
3. district-level land use plannings/plans:
a) Responsibility to determine land use demands in formulation and modification of district-level land use plannings/plans:
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District-level divisions/offices and communal People’s Committees shall send reports on their land use demands to district-level Departments of Natural Resources and Environment within 30 days after receiving the latter’s written request for registration of land use demands.
District-level Departments of Natural Resources and Environment shall determine provincial land use norms and projects included in provincial land use plans allocated to districts for every communal administrative unit; consolidate and balance the land use demands and plan the allocation of district-level land use norms to every communal administrative unit;
b) Land use norms used in district-level land use plannings include land use norms by land type and land use norms by functional zone.
Land use norms by land type include those determined in provincial plannings and those determined by district-level and communal authorities. Land use norms by land type determined by district-level and communal authorities include other agricultural land; land for production of building materials and pottery products; land for development of district-level and communal infrastructure facilities; land for community activities and public entertainment and recreation areas; land for belief activities; land with rivers, streams, canals, springs and special-use water surface; and other non-agricultural land.
Land use norms by functional zone include zones for cultivation of wet rice; zones for perennial industrial trees; zones for protective forests, reserve forests and production forests; industrial parks and industrial clusters; new urban areas, urban - trade - service areas; tourism areas; rural residential areas, craft villages and non-agricultural production zones;
c) Where it is necessary to change the sizes, locations and number of projects/works or land use demands of households and individuals without changing land use norms by land type and land use areas according to the land use functions defined in a district-level land use planning, the district-level Department of Natural Resources and Environment shall consolidate and submit reports on land use demands of organizations, households and individuals to the district-level People’s Committee that shall then submit reports on such changes to the provincial Department of Natural Resources and Environment. The provincial Department of Natural Resources and Environment shall request the provincial People's Committee to make decision and include approved changes in annual district-level land use plan.
In case of addition of projects/works which requires land expropriation as prescribed in Clause 3 Article 62 of the Land Law, the approval of such additional projects/works from the provincial People's Council shall be required before they are decided and included by provincial People’s Committee in the annual district-level land use plan.
4. During the formulation of plan for use of land for national defense and security purposes, the Ministry of National Defence of Vietnam and the Ministry of Public Security of Vietnam shall cooperate with provincial People’s Committees in determining locations and areas of land used for national defense and security purposes, and locations and areas of national defense and security land allocated to local authorities for management.
5. The MONRE shall promulgate technical regulations on formulation and modification of national land use plan, provincial land use plan, and district-level land use planning/plan.
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1. The land use planning contents in the new-style rural commune construction planning shall accord with the district-level land use plan.
New-style rural commune construction plans approved by competent government authorities prior to the effective date of this Decree shall be scrutinized and revised with respect to their content of land use planning in line with the district-level land use plan.
2. The expropriation, allocation, lease or repurposing of land for implementing the new-style rural commune construction planning shall be founded upon the district-level annual land use plan approved by a competent authority.
Article 8. Getting opinions on district-level land use planning 24
1. Documents sent for getting opinions on district-level land use planning include:
a) A summary report on the land use planning which must specify land use norms, locations and areas of land to be expropriated or repurposed in the planning period;
b) The land use planning map.
2. The report on consolidation, acceptance and response to people's opinions on the land use planning shall be published on the website of the district-level People’s Committee.
Article 9. Procedures for appraisal and approval of provincial land use plans; district-level land use plannings/plans; plans for use of land for national defense purpose; plans for use of land for security purpose 25
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a) The provincial People’s Committee shall send a land use plan dossier to the MONRE for organizing appraisal;
b) Within a maximum duration of 05 days from the receipt of an adequate and valid dossier, the MONRE shall send it to members of the land use plan appraisal council for their opinions. In case of invalid dossier, within 05 days from the receipt of the dossier, the MONRE shall give a written notification thereof to the sending authority;
c) Where necessary, within 10 days from the receipt of an adequate and valid dossier, the land use plan appraisal council shall organize the field surveys or inspections of areas of land to be repurposed, especially land areas for rice cultivation, protective forests or reserve forests to be repurposed;
d) Within a maximum duration of 15 days from the receipt of a valid dossier, members the land use plan appraisal council shall send their written opinions to MONRE;
dd) Within 10 days upon the end of the time limit for getting opinions, the MONRE shall hold a meeting of the land use plan appraisal council and send a notice of appraisal results to the provincial People’s Committee;
e) Within 15 days from the receipt of the notice of appraisal results, the provincial People’s Committee shall complete the land use plan dossier and send it to the MONRE for submission to the Prime Minister of Vietnam for approval;
b) Within 10 working days from the receipt of a valid dossier, the MONRE shall submit the received dossier to the Prime Minister of Vietnam for approval of the provincial land use plan. In case of invalid dossier, within 05 days from the receipt of the dossier, the MONRE shall give a written notification thereof to the provincial People’s Committee.
2. Contents of appraisal:
a) The conformity between the land use plan and the national land use planning/plan and the provincial planning;
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c) Outcomes achieved from the implementation of the land use plan in the previous period; socioeconomic and environmental efficiency of projects/works included in the land use plan completed in the previous period;
d) Feasibility of the land use plan: Suitability of solutions for actual local conditions; resources and ability to raise funds for implementing the plan.
3. Procedures for appraisal and approval of district-level land use plannings:
a) The district-level People’s Committee shall send a land use planning dossier to the relevant provincial Department of Natural Resources and Environment for organizing appraisal;
b) Within a maximum duration of 05 days from the receipt of an adequate and valid dossier, the provincial Department of Natural Resources and Environment shall send it to members of the land use planning appraisal council for their opinions. In case of invalid dossier, within 05 days from the receipt of the dossier, the provincial Department of Natural Resources and Environment shall give a written notification thereof to the sending authority;
c) Where necessary, within 10 days from the receipt of an adequate and valid dossier, the land use planning appraisal council shall organize the field surveys or inspections of areas of land to be repurposed, especially land areas for rice cultivation, protective forests, reserve forests or production forests which are natural forests to be repurposed;
d) Within a maximum duration of 15 days from the receipt of a valid dossier, members of the land use planning appraisal council shall send their written opinions to the provincial Department of Natural Resources and Environment;
dd) Within 10 days upon the end of the time limit for getting opinions, the provincial Department of Natural Resources and Environment shall hold a meeting of the land use planning appraisal council and send a notice of appraisal results to the district-level People’s Committee;
e) The district-level People’s Committee shall complete the land use planning dossier, submit it to the district-level People’s Council for approval, and then send it to the provincial Department of Natural Resources and Environment for further submission for approval;
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4. Procedures for appraisal and approval, and contents of appraisal of modified provincial land use plans shall comply with the provisions of Clauses 1 and 2 of this Article. Procedures for appraisal and approval of modified district-level land use plannings shall comply with the provisions of Clause 3 of this Article.
5. The modification of a provincial land use plan shall only be made on one of the grounds specified in Clause 1 Article 6 of the Law on amendments to 37 laws on planning, and must comply with the following rules:
a) Such modification does not lead to changes in national land use norms allocated to that province;
b) Such modification does not lead to changes in purposes and structure of land types by land functions defined in the land allocation and zoning plan under the approved provincial planning.
6. Procedures for appraisal and approval of annual district-level land use plans:
a) In the third quarter of each year, district-level People’s Committees shall send their annual land use plan dossiers for the following year to the relevant provincial Department of Natural Resources and Environment for organizing appraisal;
b) Within a maximum duration of 05 days from the receipt of an adequate and valid dossier, the provincial Department of Natural Resources and Environment shall send it to members of the land use plan appraisal council for their opinions. In case of invalid dossier, within 05 days from the receipt of the dossier, the provincial Department of Natural Resources and Environment shall give a written notification thereof to the district-level People’s Committee that has sent that dossier;
c) Within a maximum duration of 15 days from the receipt of a valid dossier, members of the land use plan appraisal council shall send their written opinions to the provincial Department of Natural Resources and Environment;
d) Within 05 days upon the end of the time limit for getting opinions, the provincial Department of Natural Resources and Environment shall hold a meeting of the land use plan appraisal council and send a notice of appraisal results to the district-level People’s Committee for completing its dossier;
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e) Based on the annual district-level land use plan dossier which has been completed and the resolution issued by the provincial People’s Council, the provincial Department of Natural Resources and Environment shall submit the annual district-level land use plan to the provincial People’s Committee for approval before December 31.
7. Procedures for appraisal and approval of plans for use of land for national defense/security purpose:
a) The Ministry of National Defence of Vietnam/Ministry of Public Security of Vietnam shall send their land use plan dossiers to the MONRE for getting appraisal opinions;
b) Within a maximum duration of 05 days from the receipt of an adequate and valid dossier, the MONRE shall send it to members of the land use plan appraisal council for their opinions. In case of invalid dossier, within 05 days from the receipt of the dossier, the receiving authority shall give a written notification thereof to the sending authority;
c) Within a maximum duration of 15 days from the receipt of the dossier, members of the land use plan appraisal council shall send their written opinions to the MONRE.
Within 05 days upon the end of the time limit for getting opinions, the MONRE shall consolidate received opinions and send a notice of appraisal results to the Ministry of National Defence of Vietnam/Ministry of Public Security of Vietnam for completing their dossier;
d) Where necessary, the MONRE shall hold a meeting of the land use plan appraisal council and then send a notice of appraisal results to the Ministry of National Defence of Vietnam/Ministry of Public Security of Vietnam;
dd) Within 15 days from the receipt of the notice of appraisal results, the Ministry of National Defence of Vietnam/Ministry of Public Security of Vietnam shall complete their land use plan dossier and send it to the Prime Minister of Vietnam for approval.
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Article 10. Eligibility requirements to be satisfied by consultancies on formulation of national land use plans, provincial land use plans and district-level land use plannings/plans 28
1. A public service unit or enterprise may provide consultancy on formulation of national land use plans, provincial land use plans and district-level land use plannings/plans if it meets all of the following eligibility requirements:
a) It has the functions to provide consultancy on formulation of land use plannings/plans;
b)29 It employs at least 02 (two) individuals who meet the requirements laid down in Clause 2 of this Article.
2. In order to act as a consultant of a consultancy on formulation of land use plannings and plans, an individual shall be required to meet the following requirements:
a) 30 (abrogated)
b) He/she has been working in the fields of land use planning/plan and other land-related specialized plannings for at least 24 months and has directly participated in the formulation of at least 01 land use planning or plan of the same or higher level.
Article 11. Implementation of land use plannings/plans 31
1. Ministries, central-government authorities, provincial and district-level People’s Committees shall review and modify their sectoral and local plannings/plans with land use in conformity with land use plannings/plans decided or approved by competent authorities.
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Provincial People’s Committees shall assume responsibility before the Prime Minister of Vietnam for protection of land for rice cultivation, reserve forests, protective forests and production forests which are natural forests as specified in land use plannings/plans.
3. The MONRE shall inspect the realization of land use norms in national and provincial land use plannings/plans, and supervise the implementation of land use plannings/plans by local authorities, ministries and central-government authorities.
4. Upon expiry of the land use planning period, in case some land use norms defined in that period or the land use plan remain unrealized, they shall continue to be realized until the land use planning for the following period is approved.
In case the provincial planning has not been approved, the district-level land use planning shall be formulated at the same time as the provincial planning. The consideration and approval of district-level land use plannings which have been completely formulated and appraised shall obey the “first come-first served” rule. If a district-level land use planning is in conflict with the provincial land use planning which has been approved, the former must be modified in an appropriate manner.
In case the provincial land use plan has not been approved, the district-level People's Committee shall, based on the approved district-level land use plan, organize the formulation of the annual land use plan and submit it to the provincial People's Committee for approval and inclusion thereof in the provincial land use plan to ensure their consistency and conformity.
5. Settlement of land use-related matters upon termination of a project investment guideline in accordance with Point i Clause 2 Article 2 of the National Assembly's Resolution No. 82/2019/NQ14 dated June 14, 2019 without any decision on land allocation, land lease or land repurposing:
a) In case of termination of investment guidelines for a project which is a result of the State's land expropriation decision as prescribed in Articles 61 and 62 of the Land Law and where a written land expropriation notice/decision and decision on approval of the compensation, support and relocation plan have been issued as well as compensation, support and relocation tasks have been completed, the land fund development organization shall be assigned to manage the land areas to be expropriated in accordance with regulations. If compensation, support and relocation payments have been partially made, the land fund development organization or the compensation, support and relocation council shall be assigned to continue paying the rest under the approved compensation, support and relocation plan. The State shall reimburse investors for their advance payments of compensation, support and relocation amounts (if any) when selecting other investors.
In case the compensation, support and relocation payments have not yet been made after receipt of the land expropriation decision or the decision on approval of the compensation, support or relocation plan, the land fund development organization or the compensation, support and relocation council shall be assigned to implement the approved compensation, support and relocation plan.
In case a written land expropriation notice is available but a land expropriation decision or a decision on approval of the plan of compensation, support and relocation is not, the written land expropriation notice and the project’s name specified in the approved annual district-level land use plan shall become invalid as of the date of termination of the investment guidelines;
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6. Provincial People's Committees shall, based on the current use of land and the local socio-economic conditions, direct the implementation of approved land use plannings/plans, and review of the use of land at the locations defined in the written document stating the termination of project investment guideline as prescribed in Clause 5 of this Article.
1. For localities that have land use plannings by 2020, district-level and communal land use plans for the first 5-year period (2011-2015) approved by competent authorities before July 01, 2014, such plannings and plans may be used for the formulation of district-level land use plans of 2015, modification of district-level land use plannings by 2020, and formulation of annual land use plans in accordance with the Land Law.
2. For localities that have land use plannings by 2020, district-level land use plans for the first 5-year period (2011-2015) approved by competent authorities but communal land use plannings/plans have not yet been approved before July 01, 2014, the formulation of communal land use plannings/plans shall not be required. Land use plannings by 2020, district-level land use plans for the first 5-years period (2011-2015) and products of projects on formulation of communal land use plannings/plans for communes which are formulating their land use plannings/plans may be used for the formulation of district-level land use plans of 2015, modification of land use plannings by 2020 and formulation of annual land use plans in accordance with the Land Law.
LAND EXPROPRIATION, ALLOCATION, LEASE AND REPURPOSING
1. For foreign direct investment (FDI) projects on islands or in border or coastal communes, wards and commune-level towns for which investment guidelines are subject to approval or decision of neither the National Assembly nor the Prime Minister of Vietnam, before giving approval of investment guidelines for such projects, provincial People’s Committees shall send written requests to the following Ministries for their opinions:
a) The Ministry of National Defence of Vietnam, the Ministry of Public Security of Vietnam and the Ministry of Foreign Affairs of Vietnam, for projects using land on islands or in border communes, wards or commune-level towns;
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c) The Ministry of Public Security of Vietnam, for projects using land parcels which are located in coastal communes, wards or commune-level towns and adjoin land parcels used for security purposes.
2. Within 20 days from the receipt of written request for opinions, the Ministry of National Defense of Vietnam, the Ministry of Public Security of Vietnam and the Ministry of Foreign Affairs of Vietnam shall send their written opinions to the requesting provincial People’s Committee.
3. Where a project specified in Clause 1 of this Article uses land for rice cultivation, protective forest or reserve forest as prescribed in Point a Clause 1 Article 58 of the Land Law, getting opinions from relevant Ministries must be completed before the investment guidelines for this project is submitted to the Prime Minister of Vietnam.
1. 32 Investment projects using land for non-commercial purposes are not subject to the conditions specified in Clause 3 Article 58 of the Land Law.
2. The following financial capacity requirements must be satisfied to ensure the use of land according to the investment project’s schedule:
a) Having own capital for implementation of the project equal to at least 20% of the total investment, for projects using less than 20 hectares of land; or to at least 15% of the total investment, for projects using 20 hectares of land or more;
b) Being able to raise capital for implementation of the project from credit institutions, foreign bank branches and other organizations and individuals.
3. Confirmation that persons to whom the State allocates or leases land or grants approval for land repurposing for implementing investment projects does not commit violations against the Land Law, in case they are using land allocated or leased by the State for implementing other investment projects, shall be made on the following grounds:
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b) Contents about violations against the Land Law and results of the handling thereof published on the websites of the MONRE and the General Department of Land Administration, for other local projects.
4. Appraisal of satisfaction of eligibility requirements laid down in this Article shall be conducted at the same time as the appraisal of the land use demands of investors upon the issuance of investment certificates, appraisal of investment projects, formulation of economic-technical reports or issuance of investment approval in accordance with the Investment Law and the Construction Law in case of the land allocation or lease which is made not through the auction of LURs or land repurposing. In case LURs are auctioned, the appraisal tasks shall be performed before the date of the auction session.
5. 33 If a household or individual desires to convert the purpose of use of land from rice cultivation, protective forest or reserve forest to another use for implementing an investment project, the provisions of Clause 1 Article 58 of the Land Law shall apply.
6. 34 Land areas for rice cultivation, protective forest or reserve forest, whose repurposing has been approved in writing by the Prime Minister or via a written resolution of the provincial People's Council but which are not yet granted decisions on land expropriation, land allocation, land lease or land repurposing for implementing projects, shall remain available for implementing projects for the maximum duration of 03 subsequent years pursuant to Clause 3 Article 49 of the Land Law without reapplication for approval from the Prime Minister or provincial People’s Council pursuant to Clause 1 Article 58 of the Land Law if such projects continue.
7. 35 (abrogated)
Article 14a. Allocation and lease of small parcels managed by the State36
1. Small parcels managed by the State may be allocated or leased out in accordance with this Article if they meet the following criteria:
a) They are expropriated under decisions of competent authorities, have not yet been allocated or leased, and are kept in custody as provided in Point d Clause 1 and Clause 2 Article 8 of the Land Law;
b) Their measurements or dimensions do not meet minimum measurement and dimensional requirements in order to obtain land subdivision permission from the provincial People's Committees;
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d) They do not belong to the land areas for implementation of the projects/construction works stated in the land use plannings/plans approved and publicly announced by competent authorities;
dd) Land parcels to be allocated or leased are not involved in any disputes, complaints or violations or are involved in disputes, complaints or violations which have been settled under specific written documents in accordance with regulations of law.
2. Land allocation and lease rules:
a) The use of small land parcels managed by the State for public purposes shall be prioritized. In case any land parcel cannot be used for public purposes, it shall be allocated or leased out to users of adjacent land parcel with collecting land levies or rents;
b) Allocation or lease of land through the auction of LURs shall apply in case there are two or more adjacent land users wishing to use the same small land parcel. In case where only one person has the need to use land, the land parcel shall be allocated or leased not through the auction of LURs;
c) Allocation or lease of small land parcels to adjacent land users shall be carried out after People's Committees at all levels have reviewed, made public announcement thereof and collected opinions from people at localities where land parcels are located;
d) Allocation or lease of small land parcels shall be considered according to applications submitted by adjacent land users and must be carried out in an open, transparent and democratic manner;
dd) After having land allocated or leased by the State, the adjacent land user must following procedures for consolidation of land parcels as prescribed;
e) Limited rights to use adjacent land parcels prescribed by the Land Law and Civil Code must be assured; none of disputes or complaints against these land parcels may arise.
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4. Land prices used for calculating land levies or land rents with respect to land parcels allocated or leased by the State not through auction of LURs or the starting prices for auction of LURs conducted upon land allocation or land lease shall be the specific land prices decided by the provincial People's Committees according to the provisions of Article 114 of the Land Law and its guiding documents.
5. Provincial People's Committees shall provide detailed regulations on review and publishing of the list of small land parcels directly managed by the State, collection of public opinions and public disclosure of allocation and lease of small land parcels in their provinces for public uses or to adjacent land users.”
Article 14b. Land allocation and lease in case of exemption from payment of land levies and rents 37
In case of exemption from the requirement for payment of land levies or land rents for a given number of years, or for the entire land-use term with respect to land areas used for investment projects given investment incentives or located in areas qualified for investment incentives, competent authorities shall decide to allocate or lease land not through auction of LURs and bidding for projects with land use, except the following cases:
1. Land levies or land rents are exempt only for a project’s fundamental construction stage.
2. 38 Land for commercial and service purposes are used.
3. Land is used for implementing an investment project on construction of commercial housing.
1. Force majeure circumstances which directly affect the land use schedules of investment projects which are implemented using land allocated or leased by the State as prescribed in Point i Clause 1 Article 64 of the Land Law include:
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b) Fires and epidemics;
c) Wars;
d) Other force majeure circumstances as decided by the Prime Minister of Vietnam.
2. Where land is not put to use or the land use schedule is late, the point of time for counting 24-month land-use term extension is prescribed as follows:
a) In case an investment project fails to put land into use for 12 consecutive months after receiving land handed over in the field, the investor may extend the land-use term for 24 months counted from the 13th month since the land handover;
b) In case the land use schedule of an investment project is 24 months late compared with the schedule stated in the project documents since the land handover in the field, 24-month land-use term extension shall commence from the 25th month since the planned time of completion of construction investment.
In case land is allocated or leased for implementing the project according to the schedule, 24-month land-use term extension shall apply to each land area allocated or leased as scheduled; 24-month land-use term extension shall commence from the 25th month since the planned time of completion of construction investment in such land area.
c) 39 In the event that a land parcel is detected, upon an inspection, to have not been used in more than 12 consecutive months or the progress of land use is over 24 months behind schedule, 24-month land-use term extension shall commence from the date on which the authority competent to allocate or lease the land parcel decides such extension. The competent authority’s decision to extend land use schedule shall be made at the land user’s request in 30 days upon the authority’s receipt of the inspection report or conclusion;
d) A land user who has not used a land parcel in more than 12 months or whose progress of land use falls over 24 months behind schedule is required to file a written request for extension to the People’s Committee competent to allocate or lease such land parcel.
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dd) The Ministry of Finance of Vietnam shall provide detailed regulations on calculation of land levies or land rents payable for 24-month land-use term extension pursuant to Point i Clause 1 Article 64 of the Land Law.
3. Provincial People’s Committees shall review, handle and publish on their websites investment projects that have failed to put land into use for 12 consecutive months or have land use schedules 24 months late compared with those stated in project documents; projects that have their land-use terms extended; and projects that have late land use schedules due to force majeure circumstances; and provide information to be published on the websites of the MONRE and the General Department of Land Administration.
4. 40 The period during which the land use is affected by a force majeure circumstance shall be excluded from 24-month land-use term extension as prescribed in Point i Clause 1 Article 64 of the Land Law and in Article 15b in this Decree.
Based on regulations on force majeure circumstances and actual implementation of investment projects in their province or city, each chairperson of the provincial People’s Committee shall determine the period during which each investment project is affected by force majeure circumstances. In case a project involves two or more provinces or central-affiliated cities, the MONRE shall consider deciding this period at the requests of relevant provincial People’s Committees. Where necessary, opinions of relevant Ministries and central-government authorities may be collected.
Article 15a. Land expropriation in case of non-fulfillment of land user’s obligations 41
Land expropriation against a land user's non-fulfillment of obligations to the State pursuant to Point g Clause 1 Article 64 of the Land Law shall proceed if the land user does not or has not fulfilled the payment of the land levies or land rents as per the laws and then oppose competent authorities' coercion of financial obligations.
Article 15b. Land expropriation against termination of investment projects pursuant to regulations of law on investment 42
Land expropriation against the termination of an investment project pursuant to regulations of law on investment, except the State’s expropriation of land pursuant to Clause 1 Article 64 and Clause 1 Article 65 of the Land Law, shall proceed in the following manner:
1. If the State allocates an area of land and charges the land levies or leases an area of land and collects the land rents in lump sum for the entire duration of the lease, the land expropriation proceeds as follows:
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b) In 24 months from the date of termination of the investment project as per regulations, the investor can transfer the LURs and sell legitimate property on the land area to another investor as per the laws.
If the investor fails to transfer the LURs and sell its legitimate property on the land area to another investor after expiration of the 24-month land-use term extension, the State shall expropriate the land area without paying compensation for land or property, except force majeure circumstances specified in Clause 1 Article 15 of this Decree.
2. If the State leases the land area and collects the land rents on an annual basis, the land expropriation shall proceed in the following manner:
a) The investor can continue using the land area in 24 months from the date that the investment project terminates pursuant to regulations of law on investment;
b) In 24 months from the date of termination of the investment project as per regulations, the investor can sell legitimate property on the land area to another investor as per the laws. The State shall expropriate the land area from the seller of the property on the land area and lease it to the buyer of such property.
If the investor fails to sell its legitimate properties on the land area to another investor after expiration of the 24-month land-use term extension, the State shall expropriate the land area without paying compensation for land or properties, except force majeure circumstances specified in Clause 1 Article 15 of this Decree.
Article 16. Using land for implementing investment projects through purchase of property on land, receipt of transfer or lease of LURs or receipt of LURs as capital contribution 43
The use of land for implementing investment projects through purchase of property on land, receipt of transfer or lease of LURs or receipt of LURs as capital contribution must adhere the following rules:
1. These activities must conform to annual district-level land use plans which have been already approved and announced.
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3. In case where business organizations receive land through transfer, receipt of LURs as capital contribution or lease of agricultural LURs to implement non-agricultural investment projects, they must send written requests, made using Form No. 01 enclosed herewith, to provincial Departments of Natural Resources and Environment. Within 15 days from the receipt of the written request, the provincial Department of Natural Resources and Environment shall send such request to the provincial People’s Committee. Within 10 days from the receipt of the request from the provincial Department of Natural Resources and Environment, the provincial People’s Committee shall consider giving written approval or response to the business organization's request for transfer or receipt of LURs as capital contribution or lease of LURs.
The written approval from the provincial People's Committee as prescribed in this Clause shall be valid for 36 months from the day on which it is signed.
4. In case the land area used for implementation of an investment project includes the land which the current land user has no right to transfer, lease or provide as capital contribution in accordance with the Land Law, but on which there is property, the investor may reach agreement to purchase property on land with the current land user; and the State shall expropriate land, and allocate or lease land to the investor not through auction of LURs, bidding for the project with land use, or change the land use purpose into land for investment project, and must determine specific land prices for calculation of land levies or land rents as legally required. Contents of the agreement on purchase and sale of land-attached property must clearly state that the seller voluntarily returns the land so that the State expropriate the land and then allocate or lease out the land to the purchaser.
5. In case the land parcel used for implementation of an investment project includes the land area managed under the State’s delegation as prescribed in Article 8 of the Land Law, the agricultural land area used for public purposes, or the land area of which the land user has none of rights to transfer, lease, or contribute it as capital contribution in accordance with the Land Law, and on which no property is established, and which is alternated with the land area acquired through transfer or leased or received as capital contribution, the following provisions shall apply:
a) In case the land area meets requirements to be split into an independent project, the competent People's Committee shall issue a decision on land expropriation to allocate or lease it for implementation of that independent project through an auction of LURs which is conducted as prescribed. The auction of LURs must be conducted within 90 days from the day on which the land expropriation decision is issued by the State;
b) In case the land area fails to meet requirements to be split into an independent project, the provincial People's Committee shall take into consideration the current use of land and local socio-economic conditions to review and determine, in a detailed manner, the project size and location, consider issuing the land expropriation decision to proceed to allocation or lease of land for implementation of the investment project not through the auction of LURs or the bidding for the project with land use, and determine specific land prices for calculation of land levies or land rents as prescribed;
c) Land expropriation, compensation, support, and relocation activities specified in Points a and b of this Clause shall be subject to the same regulations as those applied to the case in which the land is expropriated for use for socio-economic development purposes, or in national and public interests;
d) Provincial People's Committees shall set out detailed regulations on conditions, criteria, sizes and ratios under which any project must meet to be split into independent projects as provided in Points a and b of this Clause.
6. In case the land area is used for implementation of an investment project through the purchase of land-attached property, receipt of transfer or lease of LURs, receipt of LURs as capital contribution with different land use terms, the land use term shall be re-determined according to the term of the investment project specified in Clause 3 Article 126 of the Land Law; where investment procedures are not required in accordance with the Investment Law, the land use term shall be decided by the People's Committee competent to allocate or lease land, but must not exceed 50 years. In case of receipt of transfer of LURs over the land parcel which cannot used in a stable and permanent manner, the land use term shall be re-determined as the fixed and long term.
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Notification of land expropriation, composition of coercive land expropriation board, expenses for coercive land expropriation, settlement of complaints about coercive land expropriation prescribed in Articles 61 and 62 of the Land Law shall comply with the following provisions:
1. The natural resources and environment agency shall submit a plan on land expropriation, investigation, surveys, measurement and inventory to the same-level People’s Committee for approval. Such plan includes the following contents:
a) Reason for land expropriation;
b) Area and location of the land parcel to be expropriated as stated in the existing cadastral dossier or detailed construction planning approved by a competent authority. In case the land is expropriated according to the project implementation schedule, the land expropriation schedule must be clearly stated;
c) Plan on investigation, surveys, measurement and inventory;
d) Plan on relocation and resettlement;
dd) Assignment of the tasks of formulating and implementing the compensation, support and relocation plan.
2. The land expropriation notice includes the information prescribed in Points a, b, c and d Clause 1 of this Article.
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a) The board’s head who is Chairperson or Deputy Chairperson of the district-level People’s Committee;
b) Other members who are representatives of district-level finance, natural resources and environment, inspection, justice and construction agencies; the communal Fatherland Front Committee; the organization in charge of compensation and land clearance tasks, and the People’s Committee of the commune where the land is located, and some other members as decided by the chairperson of the district-level People’s Committee.
4. Based on coercive land expropriation plan, the public security force shall make plans to protect public order and safety during the implementation of that plan.
5. When enforcing the land expropriation, if coerced persons refuse to receive their property as prescribed in Point c Clause 4 Article 71 of the Land Law, coercive land expropriation boards shall hand over their property to communal People’s Committees for management in accordance with law.
6. Persons whose land is expropriated and related organizations and individuals are entitled to file complaints about the land expropriation in accordance with the law on complaints.
Pending the issuance of a complaint settlement decision, the land expropriation decision or coercive land expropriation decision shall remain valid. In case a state authority competent to settle the complaint reaches a conclusion that the land expropriation is unlawful, the ongoing enforcement of land expropriation must be terminated immediately, the issued land expropriation decision shall be invalidated, and compensations for damage (if any) caused by the land expropriation decision must be paid.
In case the land expropriation is related to rights and interests of other organizations and individuals in the use of land in accordance with other relevant laws, the State shall have the rights to expropriate land or enforce land expropriation decisions under regulations before the rights and obligations related to the land use are completely settled between persons whose land is expropriated and such organizations and individuals in accordance with relevant laws.
Article 17a. Auction of LURs upon State’s allocation of land with collecting land levies or lease of land 44
1. In order to participate in an auction of LURs, an organization is required to meet the following requirements:
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b) It meets the conditions laid down in Clause 3 Article 58 of the Land Law, Clauses 2 and 3 Article 14 of this Decree;
c) It has to pay a refundable deposit equal to 20% of total value of the land parcel or area which is determined using the starting price of the auction of LURs;
d) It is not prohibited from participating in the auction as prescribed by law;
dd) It meets the requirements laid down in the Housing Law and the Real Estate Business Law in case the LURs put up for auction are used for implementing a housing project or another real estate project.
2. In order to participate in an auction of LURs, a household or individual is required to meet the following requirements:
a) They are eligible for State's allocation or lease of land as prescribed in Articles 55 and 56 of the Land Law, and meet the requirements laid down in Points c and d Clause 1 of this Article;
b) They must meet the requirements laid down in Point a of this Clause and Points b and dd Clause 1 of this Article if the LURs put up for auction are used for implementing an investment project.
3. In order to be put up for auction, a land parcel must meet the following requirements:
a) It meets the requirements laid down in Clause 1 Article 119 of the Land Law;
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c) Only an individual land parcel is put up at an auction session;
d) A 1:500-ratio detailed planning for the land parcel used for implementing a housing project has been approved by a competent authority.
4. After the information on the auction winner has been made publicly available, the refundable deposit plus interests thereon (if any) shall be converted into non-refundable deposit to secure the land user's fulfillment of financial obligations.
The non-refundable deposit shall not be returned to the auction winner that fails to pay or partially pays the winning bid as prescribed in Point d Clause 5 Article 68 of this Decree. If the amount paid by the auction winner is larger than the required deposit, the State shall refund the difference as prescribed.
Article 18. Other documents on LURs specified in Point g Clause 1 Article 100 of the Land Law
Other documents which have been made before October 15, 1993 as prescribed in Point g Clause 1 Article 100 of the Land Law and bear names of land users include:
1. Land registry logbooks and land survey logbooks made before December 18, 1980.
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a) Records of communal land and paddy field registration councils, determining lawful land users;
b) Lists of lawful land users made by communal People’s Committees, communal land and paddy field registration councils, or district-level or provincial land authorities;
c) 45 Application forms for registration of rights to use land and paddy field in the absence of the documents defined in Point a and Point b of this Clause.
The date of an application form for registration of rights to use land and paddy field shall be the date of filing or the date of validation, if the dates are different, whichever is earlier;
d) 46 The documents on the communal, district-level or provincial People's Committee’s certification of registration of the land user’s LURs;
dd) 47 The documents on housing declaration, which bears the confirmation of the communal, district-level or provincial People's Committee and describes the land area on which such housing is built;
e) 48 The documents on national defense units’ allocation of housing land to their officials and soldiers before October 15, 1993 pursuant to the Directive No. 282/CT-QP dated July 11, 1991 of the Minister of National Defense, provided that such allocation is accorded with the planning of housing land for officials and soldiers included in the national defense land planning approved by competent authorities.
3. Projects or lists or documents on relocation of people to new economic zones or for resettlement approved by district- or provincial People’s Committees or competent authorities.
4. Documents of state-run agricultural and forest farms on allocation of land to workers of these farms for building their houses (if any).
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6. Documents on temporary allocation of land by district- or provincial People’s Committees; written requests for land use approved by communal People’s Committees or agricultural cooperatives before July 01, 1980, or approved by district- or provincial People’s Committees.
7. Documents issued by competent authorities on allocation of land to authorities and organizations for allocation of land to their officials, workers and employees for building houses on their own or for building of houses to be distributed to their officials, workers and employees with non-state budget funds or contributions of such officials, workers and employees. In case houses are built using funding from state budget, such houses shall be handed over to local housing authorities for management and trading in accordance with law.
8. Copies of the documents specified in Article 100 of the Land Law and the documents specified in Clauses 2, 3, 4, 5, 6 and 7 of this Article must bear certification of district- or provincial People’s Committees or specialized regulatory authorities in case the original documents have been lost and state authorities no longer keep records of the issuance of such documents.
9. 49 Provincial and district-level Departments of Natural Resources and Environment shall be responsible for providing land registry logbooks and land survey logbooks made before December 18, 1980 pursuant to Clause 1 of this Article from their archives to communal People’s Committees and land users for land registration, and issuance of certificates of LURs and ownership of house and other property on land.
1. Organizations or residential communities in charge of managing land allocated by the State as prescribed in Article 8 of the Land Law.
2. Persons who are managing and using agricultural land belonging to the public-utility land funds of communes, wards or commune-level towns.
3. Persons who lease or sub-lease land from land users, except cases of leasing or subleasing of land from investors building and trading infrastructure facilities in industrial parks, industrial clusters, export processing zones, hi-tech parks or economic zones.
4. Persons who receive land for use on a contractual basis from agricultural or forestry farms, agricultural or forestry enterprises, protective forest or reserve forest management boards.
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6. Land users that have fully met eligibility requirements for issuance of certificates of LURs and ownership of house and other property on land but have received land expropriation notices or decisions from competent authorities.
7. Organizations and communal People’s Committees that are allocated land by the State without collecting land levies for the purpose of construction of public facilities, including roads; water, petrol, oil and gas pipelines; power transmission and information communication lines; outdoor entertainment and recreation centers; cemeteries and graveyards for non-commercial purposes.
The issuance of certificates of LURs and ownership of house and other property on land (recognition of LURs) to households or individuals that have been stably using land since before July 01, 2004, but possess none of the documents specified in Article 100 of the Land Law, Article 18 of this Decree, and do not fall into any of the cases specified in Clause 1 Article 101 of the Land Law and Article 23 of this Decree, must comply with the following provisions:
1. For a household or individual that has been using land on which there are house and other construction works built since before October 15, 1993, and is now certified by the People’s Committee of commune where such land is located that they are not involved in any land use dispute, if the land use at the time of submission of an application for certificates of LURs and ownership of house and other property on land is conformable with the land use planning, detailed urban construction planning or planning on construction of rural residential area or planning on construction of new-style rural area (hereinafter referred to as “planning") approved by a competent authority, or is unconformable with these plannings but has started before these plannings are approved or takes place in a locality where no planning is formulated, their LURs may be recognized as follows:
a) For a land parcel on which a residential house exists and whose area is smaller than or equal to the area limit of residential land recognition prescribed in Clause 4 Article 103 of the Land Law (hereinafter referred to as “the residential land recognition limit”), the whole area of the land parcel shall be recognized as residential land.
For a land parcel on which a residential house exists and whose area is larger than the residential land recognition limit, the residential land area to be recognized shall be equal to the residential land recognition limit. In case the land area used for construction of residential house and works serving daily life is larger than the residential land recognition limit, the actual construction area shall be recognized as residential land area;
b) For a land parcel on which a production, commercial or non-agricultural service construction work exists, the actual construction area shall be recognized as land of non-agricultural production establishment, commercial or service land. The form of land use shall be recognized as land allocation with land levy for stable and long-term use;
c) For a land parcel on which both residential house and production, commercial or non-agricultural service construction work exist and whose area is larger than the residential land recognition limit, the residential land area shall be recognized as prescribed in Point a of this Clause, and the remaining land area used for construction of that production, commercial or non-agricultural service construction work shall be recognized as Point b of this Clause;
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2. For a household or individual that has been using land on which a residential house and other construction works exist since October 15, 1993 to before July 01, 2004, and is now certified by the People’s Committee of commune where such land is located that they are not involved in any land use dispute, if their land use is conformable with approved land use plannings, or is unconformable with these plannings but has started before these plannings are approved or takes place in a locality where no planning is formulated, and there is no land expropriation notice or decision of a competent authority in case of compulsory land expropriation, their LURs may be recognized as follows:
a) For a land parcel on which a residential house exists and whose area is smaller than or equal to the area limit of residential land allocation prescribed in Clause 2 Article 143 and Clause 4 Article 144 of the Land Law (hereinafter referred to as “the residential land allocation limit”), the whole area of the land parcel shall be recognized as residential land.
For a land parcel on which a residential house exists and whose area is larger than the residential land allocation limit, the residential land area to be recognized shall be equal to the residential land allocation limit. In case the land area used for construction of residential house and works serving daily life is larger than the residential land allocation limit, the actual construction area shall be recognized as residential land area;
b) For a land parcel on which a production, commercial or non-agricultural service construction work exists, non-agricultural production establishment, commercial or service land area shall be recognized according to Point b Clause 1 of this Article;
c) For a land parcel on which both residential house and production, commercial or non-agricultural service construction work exist and whose area is larger than the residential land allocation limit, residential land area and non-agricultural production establishment, commercial or service land area shall be recognized according to Points a and b of this Clause;
d) The land area which remains upon determination of land areas prescribed in Points a, b and c of this Clause shall be determined as agricultural land and recognized under Clause 5 of this Article.
3. In case a land parcel is jointly used by many households and individuals, the residential land limit prescribed in Clauses 1 and 2 of this Article shall be the sum of individual residential land limits of such households and individuals.
In case a household or an individual uses many land parcels with houses bequeathed by their ancestors or receives transfer of LURs bequeathed their ancestors and is certified by the communal People’s Committee that they have been stably using such land parcels since before October 15, 1993, and commit no violation of the Land Law, the residential land limit shall be determined according to regulations for each of such land parcels.
4. The application of local regulations on residential land limits to determination of residential land areas in the cases specified in Clauses 1, 2 and 3 of this Article must comply with regulations in force at the time when land users submit valid applications for land registration and issuance of certificates of LURs and ownership of house and other property on land.
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a) In case the household or individual is directly engaged in agricultural production, they shall be issued with a certificate of LURs and ownership of house and other property on land in the form of land allocation by the State without collecting land levy for the land area currently in use which must not exceed the agricultural land allocation limit specified in Article 129 of the Land Law. The remaining agricultural land area (if any) shall be treated as land leased by the State;
b) In case the household or individual is not directly engaged in agricultural production, they shall be issued with a certificate of LURs and ownership of house and other property on land in the form of land lease by the State for the land area currently in use. The land lease term must comply with Clause 2 Article 126 and Clause 4 Article 210 of the Land Law;
c) For agricultural land area in the same parcel with the residential house and other construction works which is not recognized as non-agricultural land as prescribed in Clauses 1 and 2 of this Article, the household or individual currently using land shall be issued with a certificate of LURs and ownership of house and other property on land according to the current use purpose in the case specified in Point a of this Clause. A land user that wishes to repurpose their land into non-agricultural land shall follow land repurposing procedures and pay land levies in accordance with regulations of law.
6. Financial obligations arising from the issuance of certificates of LURs and ownership of house and other property on land in the cases specified in this Article shall be fulfilled in accordance with regulations of law.
7. Households and individuals that currently use land in the cases specified in Clauses 1, 2 and 5 of this Article but are ineligible for issuance of certificates of LURs and ownership of house and other property on land may temporarily use land in its current status until the State expropriates land but shall make land declaration and registration as prescribed.
Article 21. Grounds for stable land use
1. Stable land use means uninterrupted use of land for a given purpose from the time of starting the use of land for such purpose to the time of issuance of a certificate of LURs and ownership of house and other property on land or to the time of issuance of a land expropriation decision by a competent authority in case no certificate of LURs, certificate of house ownership and residential LURs or certificate of LURs and ownership of house and other property on land (hereinafter referred to as “certificate”) has been granted.
2. The time of starting the stable land use shall be determined based on the time and contents related to the land use purpose stated in one of the following documents:
a) Receipt of payment of agricultural land use tax/house and land tax;
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c) Decision or judgment issued by a people’s court which has taken legal effect or judgment enforcement decision issued by a judgment enforcement agency which has been enforced regarding the property on land;
d) A competent authority’s decision on settlement of a land dispute which has taken legal effect; minutes of conciliation of a land dispute bearing signatures of concerned parties and certification of the People’s Committee of commune where the disputed land is located;
dd) Decision on settlement of a land use-related complaint or denunciation issued by a competent authority;
e) 50 Citizen Identity Card or ID card or birth certificate; receipts of payment of electricity and water bills and other payments bearing the house address at the registered land parcel. If residence-related information cannot be obtained from the National population database, the certificate of residence-related information shall be required.
g) Documents on assignment, allocation or distribution of house or land by the authority or organization assigned by the State to manage and use land;
h) Documents on purchase and sale of houses and other property on land or documents on purchase and sale of land and transfer of LURs bearing signatures of related parties;
i) Maps, land registry logbooks and documents on land survey and measurement in different periods;
k) Declaration of houses and land for registration bearing the certification of the communal People’s Committee at the time of declaration and registration.
3. In case the points of time of land use shown in the documents specified in Clause 2 of this Article are inconsistent, the time of starting stable land use shall be determined according to the document showing the earliest date of land use.
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1. In case of encroachment or occupancy of land of a public-facility protection corridor is encroached or occupied after the State announces and puts up boundary landmarks of the corridor, or land of roads, roadsides and pavements after the State announces construction red lines, or land used for construction of offices of state authorities, service works or other public facilities, the State shall expropriate land without issuing the certificate of LURs and ownership of house and other property on land for encroached or occupied land area.
In case, as a result of amendments to land use plannings and construction plannings approved by competent authorities, encroached or occupied land areas no longer belong to public-facility protection corridors, lie within the redlined areas for construction of roads or for construction of offices of state authorities, service works or other public facilities, current land users shall qualify for issuance of certificates of LURs and ownership of house and other property on land and shall fulfill financial obligations as prescribed by law.
2. Encroachment or occupancy of land areas which have been allocated by the State without collecting land levies to state-run agricultural or forestry farms, forest management boards, agricultural or forestry centers, stations, farms or companies shall be handled as follows:
a) In case the encroached or occupied land areas are planned for the protection and development of reserve forests or protective forests, provincial People’s Committees shall direct the expropriation and allocation of such land areas to forest management boards. Persons currently using encroached or occupied land areas may be contracted by forest management boards for performing forest protection and development tasks in accordance with regulations of law on forest protection and development.
In case the forest management board is not established, persons currently using encroached or occupied land areas may be allocated such land areas by the State for the purpose of protection and development of protective forests and be issued with certificates of LURs and ownership of house and other property on land;
b) In case the encroached or occupied land areas are planned for construction of public infrastructure facilities, provincial People’s Committees shall direct the expropriation and allocation of such land areas to investors for starting construction works.
Current users of encroached or occupied land areas may continue their land use until the State expropriates the land but shall preserve the current land use status and make land declaration and registration as prescribed;
c) In case encroached or occupied land areas are currently used for agricultural production or construction of residential house and are not planned for protection and development of reserve forests or protective forests or construction of public infrastructure facilities, current land users shall qualify for issuance of certificates of LURs and ownership of house and other property on land.
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3. Encroachment or occupancy of unused land areas or repurposing of land areas without permission of competent authorities in case such permission is compulsory as prescribed in the Land Law shall be handled as follows:
a) In case such land areas are planned for the purposes specified in Articles 61 and 62 of the Land Law, the State shall expropriate such land areas before projects or works are implemented or constructed.
Current users of such land areas may continue their land use until the State expropriates the land but shall preserve the current land use status and make land declaration and registration as prescribed;
b) In case such land areas are used for the purposes other than those specified in Point a of this Clause, provincial People’s Committees shall direct the review and modification of land use plannings; current land users shall qualify for issuance of certificates of LURs and ownership of house and other property on land.
4. Households and individuals currently using self-reclaimed agricultural land areas which are conformable with land use plannings approved by competent authorities and undisputed may have their LURs recognized by the State according to land limits set by provincial People’s Committees. The land areas in excess of the land limit set by the provincial People’s Committee shall be used as leased land.
5. If they are not involved in any land disputes, stable land users in the cases specified in Clause 1, Points a and c Clause 2, and Point b Clause 3 of this Article may be issued with certificates of LURs and ownership of house and other property on land as follows:
a) 51 In the event that a land parcel on which a residential house exists has been being stably used before October 15, 1993, the recognized area of such land parcel accords with the local residential land recognition limit. In the event that the land parcel has been being stably used from October 15, 1993 to before July 01, 2014, the recognized area of such land parcel accords with the local residential land allocation limit;
b) Land parcels on which non-residential construction works exit may be recognized under Point b Clause 1 and Point b Clause 2 Article 20 of this Decree;
c) LURs over the land areas which are currently used as agricultural land may be recognized under regulations applicable to the cases specified in Clause 5 Article 20 of this Decree;
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1. Cases of allocation of land ultra vires to households and individuals specified in this Article include cases in which land areas are allocated by heads of residential quarters or communal People’s Committees ultra vires under the Land Law in different periods; and cases in which organizations themselves allocate or distribute land areas which they are allocated or leased by the State for use to their officials, workers, employees or members for building residential houses and other purposes.
2. In case land allocated ultra vires has been being stably used since before October 15, 1993, and is undisputed and conformable with land use plannings, current land users may be issued with certificates of LURs and ownership of house and other property on land for allocated land areas under Clause 1 Article 20 of this Decree.
3. In case land allocated ultra vires has been stably used in the period from October 15, 1993 to before July 01, 2014, and is undisputed and conformable with land use plannings, current land users may be issued with certificates of LURs and ownership of house and other property on land under Clause 2 Article 20 of this Decree.
For a land parcel on which gardens, ponds and house or other construction works exist, the land area without house and other construction works shall be determined as agricultural land according to the current use status and the land user that wishes to change its land use to non-agricultural land shall follow land repurposing procedures.
4. Land users that are issued with certificates of LURs and ownership of house and other property on land as prescribed in Clauses 2 and 3 of this Article shall fulfill relevant financial obligations in accordance with regulations of law.
5. The State shall not issue certificates of LURs and ownership of house and other property on land for and shall fully expropriate land areas allocated or leased ultra vires on and after July 01, 2014.
6. 52 When a person applies for the certificate of LURs and ownership of house and other property on land over a land parcel which has been allocated ultra vires before July 01, 2004 but is undisputed and conformable with land use plannings, whether or not a house exists on such land parcel upon issuance of the certificate, he/she shall qualify for the certificate and incur financial obligations as per regulations.
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a) A land parcel on which there are a residential house and garden/pond;
b) A land parcel on which there are a residential house and garden/pond as defined in any of the documents on LURs specified in Clauses 1, 2 and 3 Article 100 of the Land Law and Article 18 of this Decree but which is currently used for housing purpose.
2. Documents serving as basis for determination of residential land areas under Clauses 2, 3 and 4 Article 103 of the Land Law are those showing one or several use purposes, including housing or residential land purpose.
3. For a land parcel on which there are garden/pond and residential house built before December 18, 1980 and whose user is able to present one of the documents on LURs specified in Clauses 1, 2 and 3 Article 100 of the Land Law and Article 18 of this Decree, in which the residential land area is not yet defined, the residential land area to be recognized without paying land levies shall be the actual area of the land parcel, in case the land parcel’s area is smaller than five times the residential land allocation limit, or equal to five times the residential land allocation limit, in case the land parcel’s area is larger than five times the residential land allocation limit in accordance with the Land Law.
4. If the land user applies for recognition of residential land or other non-agricultural land with respect of the land area which remains after determination of residential land area as prescribed in Article 103 of the Land Law and Clause 3 of this Article and is currently used as garden and pond land, he/she shall qualify for the certificate of LURs and ownership of house and other property on land indicating such land use purpose and incur financial obligations in accordance with regulations of law.
5. In case certificates for residential land parcels on which there are gardens and ponds have been granted before July 01, 2014, residential land areas of households and individuals shall be determined as follows:
a) If a household or individual has been using a land parcel on which both garden/pond and residential house exist under a certificate granted before July 01, 2014, the land area written in the granted certificate shall be recognized as residential land area;
b) If a land user had one of the documents specified in Clauses 1, 2 and 3 Article 100 of the Land Law and Article 18 of this Decree upon issuance of the certificate but the residential land area is neither determined under Clauses 2, 3 and 4 Article 103 of the Land Law and Clause 3 of this Article nor re-determined under Points b and c Clause 1 Article 45 of the Government’s Decree No. 181/2004/ND-CP of October 29, 2004 prescribing implementation of the 2003 Land Law, the residential land area shall be re-determined, upon request of the land user or the State’s land expropriation, in accordance with the provisions of Clauses 2, 3 and 4 Article 103 of the Land Law and Clause 3 of this Article, and the land user shall not be required to pay land levies but is entitled to compensation for such re-determined residential land area upon the State’s land expropriation.
Article 24a. Issuance of certificates of LURs and ownership of house and other property on land over land area in excess of that specified in LURs document to household or individual using respective land parcel 53
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1. If the additional area of land is acquired through transfer, inheritance or donation of LURs for which a certificate has been issued, the process occurs as follows:
a) Follow procedures for transfer, inheritance or donation of the additional land area pursuant to Article 79 and Clause 2 Article 82 and procedures for replacement of the certificate, if issued, for the original land parcel (without the additional area) pursuant to Article 76 of this Decree without any request for the land user’s procedures for land consolidation. Land registration office shall be responsible for making a certification on the application form for reissuance or replacement of the certificate of LURs and ownership of house and other property on land over the additional land area and for sending cadastral information to the relevant tax authority, presenting documents for issuance of the certificate, updating and revising cadastral documents and land database in regard to the entire land area in use, delivering the certificate or sending it to the communal People's Committee to which the application was filed for further delivery to the land user;
b) Follow procedures for transfer, inheritance or donation of the additional land area pursuant to Article 79 and Clause 2 of Article 82 and procedures for initial certification of the original land parcel pursuant to Article 70 of this Decree if the documents on the right to use the original land parcel are available pursuant to Article 100 of the Land Law and Article 18 of this Decree. Land registration office shall be responsible for making a certification on the application form for issuance of the certificate of LURs and ownership of house and other property on land over the additional land area and for sending cadastral information to the relevant tax authority, presenting documents for issuance of the certificate, updating and revising cadastral documents and land database in regard to the entire land area in use, delivering the certificate or sending it to the communal People's Committee to which the application was filed for further delivery to the land user.
2. If the additional land area is acquired through transfer, inheritance or donation of LURs before July 01, 2014 and the documents on such LURs are available pursuant to Article 100 of the Land Law and Article 18 of the Decree, the process occurs as follows:
a) Follow procedures for initial certification of the additional land area pursuant to Article 70 and the procedure for replacement of the certificate, if issued, for the original land parcel pursuant to Article 76 of this Decree. Land registration office shall be responsible for making a certification on the application form for reissuance or replacement of the certificate of LURs and ownership of house and other property on land over the additional land area and for sending cadastral information to the relevant tax authority, presenting documents for issuance of the certificate, updating and revising cadastral documents and land database in regard to the entire land area in use, delivering the certificate or sending it to the communal People's Committee to which the application was filed for further delivery to the land user;
b) Follow procedures for initial certification pursuant to Article 70 of this Decree for the entire area of land if the documents on the right to use the original land parcel are available pursuant to Article 100 of the Land Law and Article 18 of this Decree.
3. If the documents on the right to use the additional land area are not available as stated in Article 100 of the Land Law and Article 18 of this Decree, the process occurs as follows:
a) If the land user does not violate the land law, the certification of LURs and ownership of house and other property on land for the additional land area shall proceed pursuant to Article 20 of this Decree;
b) In the event that the additional land area was gained by the land user’s violation of the land law before July 01, 2014, the issuance of certificate of LURs and ownership of house and other property on land for the additional land area shall proceed pursuant to Article 22 of this Decree;
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d) The procedure for certification of the additional land area adheres to Article 70 and the procedure for replacement of the certificate, if issued, for the original land parcel adheres to Article 76 of this Decree. Land registration office shall be responsible for making a certification on the application form for reissuance or replacement of the certificate of LURs and ownership of house and other property on land over the additional land area and for sending cadastral information to the relevant tax authority, presenting documents for issuance of the certificate after the land user’s fulfillment of financial obligations, updating and revising cadastral documents and land database in regard to the entire land area in use, delivering the certificate or sending it to the communal People's Committee to which the application was filed for further delivery to the land user.
dd) The procedures for certification of the entire area of land adheres to Article 70 of this Decree if the documents on the right of use of the original land parcel are available as per Article 100 of the Land Law and Article 18 of this Decree.
1. Domestic organizations that currently use land without certificates shall review and declare the current land use status and report such land use to People’s Committees of provinces or cities where the land is located.
2. Based on reports on current land use status of the above organizations, People’s Committees of provinces or cities where the land is located shall carry out physical inspection of the current land use status and decide to take further actions as follows:
a) If the land area is currently used for proper purposes, competent authorities shall determine the form of land use in accordance with law and issue certificate of LURs and ownership of house and other property on land. In case the organization uses land without any of the documents specified in Article 100 of the Land Law and Article 18 of this Decree, the form of land use specified in Articles 54, 55 and 56 of the Land Law shall be applied, while the form of land use specified in Article 56 of the Land Law shall be applied to land for construction of offices of socio-professional organizations;
b) The land-use term, for which certificates of LURs and ownership of house and other property on land are granted under Point a of this Clause in case land users have documents on LURs specified in Article 100 of the Land Law and Article 18 of this Decree, shall be determined according to such documents. In case land users have documents on LURs which do not indicate a land-use term or indicate a land-use term which is not conformable with the Land Law, the land-use term shall be determined under Article 126 of the Land Law and counted from October 15, 1993, in case the land use started from before October 15, 1993, or counted from the date of issuance of land allocation or lease decision, in case the land use started since October 15, 1993;
c) Land areas used for improper purposes, land areas encroached or occupied by others due to the land user’s failure to fulfill their responsibility, land areas leased or lent to other organizations, households and individuals, land areas unlawfully contributed as capital to joint ventures or associations, and land areas left unused for more than 12 months or whose use progress is more than 24 months behind schedule shall be handled under decisions of provincial People’s Committees in accordance with law;
d) Land areas allocated by organizations to households and individuals being their officials, workers and employees for building residential houses shall be handed over to People’s Committees of districts where the land is located, for management. Where residential land areas are currently used in conformity with land use plannings, certificates of LURs and ownership of house and other property on land shall be granted to current land users who shall incur financial obligations prescribed by law;
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1. If a land parcel has been allocated to an investor for implementing an urban area or rural residential area construction project which is comprised of different work items or uses land for multiple purposes as prescribed in Article 10 of the Land Law, the location and area of land used for each purpose shall be determined and the issuance of certificate of LURs and ownership of house and other property on land shall be subject to the following provisions:
a) Certificate of LURs and ownership of house and other property on land shall be granted for each land parcel used for a given purpose in conformity with the detailed construction planning approved by a competent authority;
b) The land area used for construction of public facilities serving the community’s common interests inside and outside the urban area or rural residential area under the investment project and approved detailed construction planning shall be handed over to local governments for management without being granted certificate of LURs and ownership of house and other property on land.
c) 54 The investor of an apartment building mixed with office, service and commercial space, if qualifying and applying, shall be bestowed the certificate of LURs and ownership of house and other property on land over one or multiple apartments, offices, service and commercial space under its ownership.
2. For a land parcel allocated to an investor for implementing a production and business project which is comprised of land areas used for different purposes, a single certificate of LURs and ownership of house and other property on land, which clearly indicates the location and area of land used for each purpose as prescribed in Article 10 of the Land Law, shall be granted to the investor for the entire area of the land parcel. Certificate of LURs and ownership of house and other property on land, if requested by the investor, may be issued for each land parcel used for a given purpose in accordance with the Land Law and the approved detailed construction planning.
The issuance of certificates of LURs and ownership of house and other property on land for land parcels on which there are historical-cultural monuments or scenic spots which have been ranked or are protected under decisions issued by provincial People’s Committees shall comply with the following provisions:
1. If the historical-cultural monument or scenic spot exists on an independent land parcel which has been being used by an authority, organization, residential community, household or individual, certificate of LURs and ownership of house and other property on land shall be issued to that land user.
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1. Religious establishments that are using land areas on which there are pagodas, churches, chancels, monasteries, abbeys, religious schools, head offices of religious organizations or other religious establishments licensed by the State but have not yet been granted certificates of LURs and ownership of house and other property on land shall themselves review and declare their land use and submit reports thereon to provincial People’s Committees. Such a report shall, inter alia, include:
a) Total land area currently used;
b) Religious establishment’s land areas classified by origin: land area allocated by a competent authority; land area acquired from transfer; land area donated; land areas borrowed from organizations, households or individuals; land area created by the religious establishment itself; and land areas of other origins;
c) Land areas lent, lent for residence, or leased by the religious establishment to organizations, households or individuals;
d) Land areas encroached upon or occupied by other persons.
2. Each People’s Committees of province or city where the land is located shall conduct field inspection, determine specific boundaries of the land parcel, and make decision as follows:
a) For a land area which has been stably used by an organization, household or individual since before October 15, 1993, decision shall be made on the basis of land use demands of the religious establishment and that organization, household or individual and in a manner that ensures land use-related interests of the related parties and suits reality;
b) For a land area which was used by an organization, household or individual in the period from October 15, 1993 to before July 01, 2004, decision shall be made as in the case in which a household or individual uses land borrowed or leased from others in accordance with the Land Law;
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3. The religious establishment shall be issued with the certificate of LURs and ownership of house and other property on land for its land area which remains after settled as prescribed in Clause 2 of this Article and meets the requirements laid down in Clause 4 Article 102 of the Land Law in the form of land allocation without collecting land levies for a long and stable use term.
For land areas currently used by religious establishments for the purpose of agricultural production, forestry production or non-agricultural production and business, or used for charitable establishments (including land areas acquired through transfer or donated before July 1, 2004), certificates of LURs and ownership of house and other property on land shall be granted in a form and with a land-use term corresponding to such purpose as for households and individuals.
1. If a land parcel was formed before the effective date of the relevant provincial People’s Committee’s document on the minimum area of a land parcel eligible for splitting or subdivision and is smaller than the minimum area prescribed by the provincial People’s Committee but fully satisfies the conditions for certificate of LURs and ownership of house and other property on land, the current land user shall be issued with such a certificate.
2. Notarization, certification and issuance of certificate of LURs and ownership of house and other property on land, and carrying out of procedures to exercise the rights of land users are not allowed in case land users arbitrarily divide the land parcels already registered and granted with the certificates into two or more smaller land parcels at least one of which is smaller than the minimum area prescribed by the provincial People’s Committee.
3. In case land users simultaneously apply for splitting of a land parcel whose area is smaller than the prescribed minimum area and for consolidation of this land parcel with another adjacent one to form a new land parcel whose area is equal to or larger than the minimum area of a land parcel eligible for splitting, they shall be allowed to split and consolidate the land parcels simultaneously and shall be granted a certificate of LURs and ownership of house and other property on land for the new land parcel.
1. In case a user’s land is located in different communes, wards and commune-level towns but falls within the competence of the same certificate-issuing authority, a single certificate of LURs and ownership of house and other property on land shall be granted and must indicate each land area located in each communal administrative unit.
2. In case a user’s land is located in different communes, wards and commune-level towns but falls within the competence of different certificate-issuing authorities, a certificate of LURs and ownership of house and other property on land shall be granted for each land parcel falling within the competence of each certificate-issuing authority.
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House owners eligible to own houses under the housing law and possessing papers proving their lawful formation of houses may have their house ownership certified according to the following provisions:
1. Vietnamese households and individuals must possess one of the following papers:
a) 55 Residential house construction permit or definite-term residential house construction permit which is required in cases where construction permits is mandatory under the construction laws.
In case any house is built in contravention of the issued construction permit, a written certification given by the authority issuing the construction permit that the construction area in breach of the permit has not threatened safety of works and is now consistent with the construction planning approved by a competent authority is required;
b) Contract on purchase and sale of a state-owned house under the Government’s Decree No. 61/CP of July 05, 1994, on purchase, sale and trading of houses, or paper on liquidation or sale of a state-owned house before July 05, 1994;
c) Paper on handover or donation of a gratitude or great-unity house;
d) Paper on house ownership, granted by competent authorities in different periods while such house is not subject to entire-people ownership establishment by the State under the 11th National Assembly’s Resolution No. 23/2003/QH11 of November 26, 2003, on houses and land managed and arranged by the State for use during the implementation of housing and land management policies and socialist reform policies before July 01, 1991, and the National Assembly Standing Committee’s Resolution No. 755/2005/NQ-UBTVQH11 of April 02, 2005, on the settlement of specific house- and land-related cases during the implementation of housing and land management policies and socialist reform policies before July 01, 1991;
dd) Paper on purchase and sale, donation, exchange or inheritance of the house already notarized or certified by a competent People’s Committee under law.
For a house purchased, donated, exchanged or inherited from July 1, 2006, a paper on such transaction is required under the housing law.
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e) Legally effective judgment or decision of the people’s court or paper of the state agency competent to permit house ownership;
g) An applicant for house ownership certification that possesses one of the papers specified at Points a, b, c, d, dd and e of this Clause which bears the name of another person is required to possess one of the papers on house purchase and sale, donation, exchange or inheritance before July 01, 2006, signed by the related parties and certified by the communal People’s Committee; for a house purchased, donated, exchanged or inherited before July 01, 2006, without a paper on such purchase, donation, exchange or inheritance signed by the related parties, the communal People’s Committee’s certification of the time of purchase, donation, exchange or inheritance of such house is required.
In case an applicant for house ownership certification possesses one of the papers specified at Points a, b, c, d, dd and e of this Clause which indicates the house conditions inconsistent with the current conditions of the house, the communal People’s Committee’s certification is required for the part of the house inconsistent with the paper as in the case prescribed at Point h of this Clause;
h) A Vietnamese individual who possesses none of the papers specified in Points a, b, c, d, dd and e of this Clause shall obtain the communal People’s Committee’s written certification that the house was completely built before July 01, 2006, before the land use planning or construction plan was promulgated, or complied with the planning in case the house was built after the land use planning, the detailed urban construction plan or planning on construction of rural residential areas was promulgated under law. For a house completely built since July 01, 2006 onwards, the communal People’s Committee’s written certification that the house is not subject to construction permit and satisfies the planning conditions like houses built before July 01, 2006, is required; for a house which was subject to construction permit but was built without such permit, the district-level construction management agency’s written approval of the existence of such house is required.
2. Overseas Vietnamese owning houses in Vietnam must possess the following papers:
a) Paper on house purchase and sale, donation, inheritance or ownership in another form under the housing law;
b) One of the papers of the transferor as prescribed in Clauses 1 and 3 of this Article.
3. Domestic organizations, overseas Vietnamese implementing investment projects, and foreign organizations and individuals must possess papers prescribed below:
a) In case houses are built for commercial purposes, one of the papers on projects on commercial housing development (project approval decision, investment decision, investment license and investment certificate) is required;
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c) For houses which were built in contravention of the papers specified in Points a and b of this Clause, written certification given by the authority competent to issue the construction permit that the construction area in breach of such papers has not threatened safety of works and is now consistent with the construction planning approved by a competent authority (if any) is required.
4. In case house owners are not land users, in addition to the papers on house ownership as specified in Clauses 1, 2 and 3 of this Article, a lawfully notarized or certified land lease contract, capital contribution contract, business cooperation contract or written approval of house construction given by the land user and copies of LURs documents as prescribed in the Land Law are required.
Article 32. Certification of ownership of non-residential construction facilities
Owners of non-residential construction facilities may have their ownership certified according to the following regulations:
1. Vietnamese households, individuals and residential communities must possess one of the following papers:
a) 56 Construction permit or definite-term construction permit which is required in cases where the construction permit is mandatory under the construction law.
In case any work is built in contravention of the issued construction permit, a written certification given by the authority issuing the construction permit that the construction area in breach of the permit has not threatened safety of works and are now consistent with the construction planning scheme approved by a competent authority;
b) Papers on ownership of construction facilities, granted by competent authorities in different periods, unless the facilities have been managed and arranged by the State for use;
c) Notarized or certified paper on purchase and sale, donation or inheritance of the construction facility as prescribed by law;
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dd) An applicant for construction facility ownership certification who possesses one of the papers specified in Points a, b, c and d of this Clause which bears the name of another person is required to possess one of the papers on purchase and sale, donation, exchange or inheritance of construction facility before July 01, 2004, signed by the related parties and certified by the communal or higher-level People’s Committee; in case of purchase, donation, exchange or inheritance of construction facility before July 01, 2004, without a paper on such purchase, donation, exchange or inheritance signed by the related parties, the communal People’s Committee’s certification of the time of purchase, donation, exchange or inheritance of the construction facility in the application for a certificate of LURs and ownership of house and other property on land is required.
In case an applicant for construction facility ownership certification possesses one of the papers specified in Points a, b, c, d, dd and e of this Clause which indicates the conditions of the construction facility inconsistent with the current conditions of that construction facility, the communal People’s Committee’s certification is required for the part of the construction facility inconsistent with the paper as in the case prescribed at Point e of this Clause;
e) A Vietnamese individual who possesses none of the papers specified in Points a, b, c, d, dd and e of this Clause shall obtain the communal People’s Committee’s written certification that the construction facility was completely built before July 01, 2004, before the land use planning or construction planning was promulgated, or complied with the planning in case the construction facility was built after the land use planning or construction planning is promulgated, is required.
For a construction facility completely built since July 01, 2004, the communal People’s Committee’s certification that the facility is not subject to construction permit and satisfies the planning conditions as for facilities built before July 01, 2004, is required; for a construction facility which was subject to construction permit but was built without such permit, the district-level construction management agency’s written approval of the existence of such facility is required.
2. Domestic organizations, religious establishments, foreign organizations, foreign individuals and overseas Vietnamese must possess papers prescribed below:
a) In case of construction of new facilities under law, the project approval decision, project investment decision, investment license, investment certificate or construction permit granted by a competent authority and the LURs documents under the Land Law or the land lease contract with the land user indicating the land use purpose conformable with the facility construction purpose, are required;
b) In case of purchase and sale, donation, exchange, inheritance or acquisition of the construction facility in another form as prescribed by law, a lawful paper on such transaction is required;
c) If one of the papers specified in Points a and b of this Clause is not available, the provincial construction management agency’s certification that the facility existed before the construction planning is promulgated and is now conformable with the approved construction planning is required;
d) If a construction facility has been built in contravention of the papers specified in Points a, b and c of this Clause, a written certification given by the authority competent to issue construction permit after it has conducted an inspection that the construction area in breach of such papers has not threatened safety of the facility and is now consistent with the construction planning approved by a competent authority is required.
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4. 57 In the event that a project comprises various work items as defined in the decision on approval of investment project, the decision on project investment, the investment license, the investment certificate, the certificate of investment registration issued by a competent authority, the decision on approval of the detailed construction planning and/or the construction permit, the investor, if qualifying and applying, shall be bestowed by the competent authority the certificate of LURs and ownership of house and other property on land over each work item or each area in a work item.
5. 58 If a construction facility which is built on commercial and service land and used as a tourist accommodation establishment as prescribed in the Tourism Law meets relevant conditions laid down in the Land Law, the Construction Law and the Real Estate Business Law, the ownership of construction facility built on land for commercial and service purposes shall be certified with a land use term prescribed in Clause 3 Article 126, Clause 1 Article 128 of the Land Law. The construction facility owner shall assume legal responsibility for its satisfaction of relevant conditions laid down in the Land Law, the Construction Law and the Real Estate Business Law.
Certification of construction facility ownership as prescribed in this Clause adheres to the provisions of Clauses 1, 2, 3 and 4 of this Article. Information on the land parcel, including the land use purpose and term, must be exactly stated in the certificate in accordance with regulations of law.
Article 33. Certification of ownership of planted production forests
Owners of planted production forests for which funding used for covering cultivation costs, making payment for acquisition of forests or to the State upon allocation of forests with land levies is not derived from the state budget may have their ownership certified if they possess one of the following documents:
1. Certificate or one of the documents specified in Article 100 of the Land Law and Article 18 of this Decree, which indicates the fact that the State allocates or leases land or recognizes LURs for planting production forests;
2. Documents proving allocation of the planted production forest;
3. Lawfully notarized or certified contract or document on purchase and sale, donation or inheritance of planted production forests;
4. Legally effective judgment or decision of the people’s court or paper of a competent authority on the ownership of planted production forests;
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6. For domestic organizations that implement projects on planting of production forests using funding sources other than that derived from the state budget, the project approval decision, project investment decision, or investment certificate for planting of production forests under the Investment Law is required;
7. For foreign-invested enterprises or overseas Vietnamese that implement projects on planting of production forests, the project approval decision, project investment decision, investment license or investment certificate for planting of production forests under the Investment Law is required;
8. In case owners of planted production forests are not land users, in addition to the papers specified in Clauses 1 thru 7 of this Article, the legally notarized or certified written approval of the use of land for forest planting given by the land user and copies of LURs documents as prescribed in the Land Law are required.
Article 34. Certification of ownership of perennial plants
Owners of perennial plants may have their ownership certified if they possess one of the following papers:
1. Certificate or one of the papers specified in Article 100 of the Land Law and Article 18 of this Decree, which indicates that the State allocates or leases land or recognized the LURs for planting of perennial plants as suitable to the land use purposes indicated in such certificate or paper;
2. Lawfully notarized or certified contract or document on purchase and sale, donation or inheritance of perennial plants;
3. Legally effective judgment or decision of the people’s court or paper of a competent authority on the ownership of perennial plants;
4. In case a household, individual or residential community has none of the papers specified in Clauses 1, 2, 3 and 4 of this Article, the land registration office’s certification that they have satisfied eligibility requirements for the LURs recognition as prescribed in the Land Law is required;
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6. In case owners of perennial plants are not land users, in addition to the papers specified in Clauses 1 thru 5 of this Article, a legally notarized or certified written approval of the use of land for planting perennial plants given by the land user and copies of LURs documents prescribed in the Land Law are required;
7. The Ministry of Agriculture and Rural Development of Vietnam shall play the leading role and cooperate with the MONRE in stipulating types of perennial plants whose ownership is to be certified.
Ownership of property on land shall not be certified in one of the following cases:
1. Property on land parcels which fail to fully satisfy the conditions for issuance of certificates of LURs and ownership of house and other property on land as prescribed in the Land Law and this Decree;
2. Houses or other construction facilities which are temporarily built during the construction of main facilities or which are built with bamboo, leaf or earth; and auxiliary facilities which are located outside the premises of main facilities and serve the management, use and operation of main facilities;
3. Property on land for which competent authorities have issued clearance, house demolition or land expropriation notices/decisions;
4. 59 Residential houses or construction facilities which are built after a construction ban is announced; encroach or trespass upon the protection corridors of technical infrastructure facilities or rated historical-cultural monuments; property on land which is created after relevant plannings are approved by competent authorities but is found to be not appropriate for such plannings upon issuance of certificates of LURs and ownership of house and other property on land, except the cases where owners of residential houses or non-residential construction facilities prescribed in Article 31 and 32 of this Decree obtain definite-term construction permits under the Construction Law.
5. State-owned property, except property already determined as state capital contributions to enterprises under guidelines of the Ministry of Finance of Vietnam;
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7. Property acquired as a result of unlawful land repurposing.
Households and individuals that are currently using land and property on land for which state authorities’ decisions on management of such land and property had been issued during the implementation of state policies but have not yet actually been implemented, may continue using them and may qualify for issuance of certificates of LURs and ownership of house and other property on land in accordance with law.
Article 37. Issuance of certificates in cases specified in Clause 4 Article 95, Clause 3 Article 105 of Land Law 60
1. For localities where land registration offices are established as prescribed in Clause 1 Article 5 of this Decree, issuance of certificates and making of endorsements in the issued certificates shall comply with the following provisions:
a) Land registration offices shall issue, and make endorsements in, certificates to religious establishments, organizations; overseas Vietnamese implementing investment projects; foreign organizations, individuals; foreign-invested enterprises;
b) Land registration offices or their branches shall issue, and make endorsements in, certificates to households, individuals, residential communities, overseas Vietnamese eligible to own residential houses associated with rights to use residential land in Vietnam;
c) Land registration offices and their branches are entitled to use their own seals to issue certificates and make endorsements in their issued certificates.
2. For localities where land registration offices are yet to be established as prescribed in Clause 1 Article 5 of this Decree:
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b) District-level People's Committees shall issue certificates to households, individuals, residential communities, overseas Vietnamese eligible to own residential houses associated with rights to use residential land in Vietnam.
3. In case a provincial Department of Natural Resources and Environment takes charge of issuing certificates of LURs and ownership of house and other property on land with authorization from the relevant provincial People's Committee as prescribed in Clause 1 Article 105 of the Land Law, the seal of the former shall be used.
4. MONRE shall stipulate cases where certificates of LURs and ownership of house and other property on land will be issued upon registration of changes in land and property on land, and making of endorsements in issued certificates.
1. Economic organizations that have been using land allocated by the State for a long and stable term for creating capital for infrastructure construction under the Land Law before July 01, 2004, may continue using such land for a long and stable term.
2. Economic organizations that have been using land acquired from winning at the LURs auction before July 01, 2004, for which the land use term has not yet been determined, may continue using such land for a long and stable term.
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1. Business organizations, overseas Vietnamese, foreign-invested enterprises, households and individuals renting land from the State on annual rental basis or renting or sub-renting land in industrial parks, export processing zones, industrial clusters or handicraft villages on annual rental basis, after having obtained relevant certificates of LURs, can lease property legally built on such land as per the laws if the requirements pursuant to the regulations of Law on Real Estate Business are satisfied in full. Property renters shall employ them for the purposes defined in competent authorities' decisions on land lease or in the signed contracts for land lease or land sublease.
2. Self-financed public service providers renting land from the State on annual rental basis or renting or sub-renting land in industrial parks, export processing zones, industrial clusters or handicraft villages on annual rental basis, after having obtained relevant certificates of LURs, can lease the property on such land as per the regulations of the Land Law and the Law on management and use of state-owned property. The property renters are required to use the land for appropriate purposes.
Article 39. Transfer of LURs as capital contributions
1. Foreign-invested enterprises may receive transfer of LURs as capital contributions from enterprises that have been using land allocated by the State with collecting land levies or leased by the State with making lump-sum rental payment for the entire lease period while the value of LURs has been included in the capital of enterprises, except transfer of LURs over agricultural production land or forest land as capital contributions.
2. When transferring capital contributions, enterprises or their owners shall determine the value of LURs in the total amount of capital transferred, and shall fulfill tax, charge and fee obligations in accordance with law.
3. 62 Foreign-invested enterprises that use land acquired through transfer of LURs as capital contributions pursuant to Point b Clause 1 Article 169 of the Land Law shall have the rights and duties defined in Clause 3 Article 183 of the Land Law.
1. Ethnic minority households and individuals that use land allocated by the State under support policies may only transfer or donate LURs 10 years after land allocation decision is issued if the People’s Committee of commune where the land is located certifies that they no longer need to use the land because they move to other commune, ward or commune-level town for residence or they shift to do other trades or they no longer have working capacity.
2. Organizations and individuals may not receive LURs transferred or donated by ethnic minority households or individuals that use land allocated by the State under support policies if the latter do not fall in the cases eligible for transfer or donation of LURs as prescribed in Clause 1 of this Article.
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1. In order to obtain permission for transfer of LURs in the form of sale of these pre-divided land lots, investment projects on construction of residential houses for sale or for combined sale and lease must satisfy the following conditions:
a) Project investors must complete the construction of infrastructure facilities, including service, technical and social infrastructure facilities under the approved 1:500-ratio detailed plannings, ensuring the interconnection to the common infrastructure systems of the areas before transferring LURs to people to build residential houses at their discretion; and ensuring essential utilities and amenities, such as electricity, water supply, water drainage and waste collection, must be provided;
b) Project investors shall fulfill all of their financial obligations related to the projects’ land, such as land levies, fees or land rents; land-related taxes, charges and fees (if any);
c) The projects completed for such transactions must be located in areas or cities where LURs may be transferred in the form of sale of pre-divided land lots as provided in Clause 2 of this Article;
d) They must meet other conditions prescribed in laws on urban zoning, construction and development, real estate and residential house business activities.
2. Investors of projects on construction of residential houses for sale or for combined sale and lease may transfer LURs in the form of sale of pre-divided land lots in the areas outside the special or grade-I centrally-affiliated cities; areas with strict requirements concerning landscape architecture, downtown areas, and proximities of facilities that serve as prominent architectural points of cities; frontages of regional- or higher-level roads and main landscape roads in cities.
3. Provincial People's Committees shall be responsible for publicly announcing the areas where the housing construction and trading projects implemented for sale or for combined sale and lease are permitted for transfer in the form of sale of pre-divided land lots before allowing investment projects to be executed.
4. Households and individuals that receive transferred LURs to build residential houses of their own accord must build residential houses in accordance with the construction permits, and comply with the approved detailed plannings and urban designs.
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1. All the conditions prescribed in Clause 1 Article 188 of the Land Law;
2. Project investors shall fulfill all of their financial obligations related to the projects’ land, such as land levies, fees or land rents; land-related taxes, charges and fees (if any);
3. Transferees of LURs associated with part or the whole of investment projects on construction and trading of houses conduct relevant business lines and satisfy the conditions prescribed in Article 58 of the Land Law and Articles 13 and 14 of this Decree.
Article 42a. Conditions for transfer of LURs associated with transfer of an investment project, in part or in full, which does not construct housing or infrastructure for sale or for lease 64
The transfer of LURs associated with the transfer of an investment project, in part or in full, which does not construct housing or infrastructure for sale or for lease shall be subject to the regulations of Laws on Investment and Real Estate Business and the following conditions:
1. All the conditions prescribed in Clause 1 Article 188 of the Land Law;
2. Project investors shall fulfill all of their financial obligations related to the projects’ land, such as land levies, fees or land rents; land-related taxes, charges and fees (if any) in the following manner:
a) If the investor transfers the entire investment project, it shall fulfill financial obligations regarding all land of the project;
b) If the investor transfers a part of the investment project, it shall fulfill financial obligations regarding the land areas on transfer.
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Article 43. Land use in regard to purchase, sale or transfer of capital contributions or shares in enterprises or equitization of state-owned enterprises 65
1. The use of land with regard to the purchase, sale or transfer of an enterprise’s capital contributions or shares, which include LURs and/or property on land, shall proceed in the following manner:
a) If a enterprise’s capital contributions or shares, which include LURs and/or property on land, are purchased, sold or transferred without any change in the land users and/or the owners of the property on land, the procedure for registration of changes in land and property on land;
b) If an enterprise’s capital contributions or shares, which include LURs, are purchased, sold or transferred with changes in the land users and/or the owners of property on land, the enterprise shall proceed with the procedures for LURs transfer and for registration of changes in land and property on land with competent authorities and fulfill financial obligations as per regulations in 30 days from the date of purchase, sale or transfer of the enterprise’s capital contributions or shares. The land use term for a foreign-invested enterprise shall match the duration of its investment project(s) but shall not exceed the limit defined in Clause 3 Article 126 of the Land Law;
c) The value of LURs apportioned to an enterprise’s state-held capital contributions or shares purchased, sold or transferred shall be determined pursuant to the regulations of the Land Law, the Law on the management and use of state capital invested into enterprises’ production and business, and the Law on equitization of state-owned enterprises.
The value of LURs shall be re-computed according to the prices of land on transfer upon the purchase, sale or transfer of state-held contributions or shares as stated in this Article. The purchase, sale or transfer of capital contributions or shares shall adhere to the regulations of the Land Law and the Law on management and use of state capital invested into enterprises’ production and business.
2. The management and use of land upon the equitization of a state-owned enterprise shall proceed in the following manner:
a) A state-owned enterprise, when equitized, shall be responsible for verifying all land under its management and use to plan the use of land pursuant to the regulations of the Land Law and on the Law on re-arrangement and handling of state-owned real estate and then report thereof to competent authorities prior to its valuation.
The land use plan of the equitized enterprise shall be part of the documentation presented to competent authorities for approval of the equitization plan and shall proceed publicly as per the laws;
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If the state-owned enterprise uses land parcels allocated by the State without collecting land levies, the joint-stock company may still use such land parcels under a lease contract if such company qualifies for leasing land from the State pursuant to the Land Law. Otherwise, the State shall allocate land to the joint-stock company, if eligible, on land-levy basis. The land prices at which the State leases or allocates land shall be specified upon the competent authorities’ decisions on land allocation or land lease. The land use term shall commence on the date that the decision on land allocation or land lease is issued to the joint-stock company. The joint-stock company shall be liable for paying the land levies or land rents as per the laws.
The joint-stock company can continue renting the land parcels leased by the State to the state-owned enterprise on annual rental basis or on lump-sum rent payment or land parcels which had been originally rented out by the State on lump-sum rent payment before they were transferred to the state-owned enterprise for the remaining duration of the lease. The joint-stock company shall be responsible for implementing the procedure for land lease and re-signing of land lease contract(s) with competent authorities in 60 days upon the issuance of the initial certificate of business registration. The payments that the state-owned enterprise made for its receipt of the LURs on transfer shall be handled pursuant to the regulations of the Land Law and the Law on equitization.
The joint-stock company, upon its equitization, shall proceed to rent the land parcels which had been allocated by the State on land-levy basis or which had been allocated by the State on land-levy basis and then transferred to the state-owned enterprise if it qualifies for renting such land parcels pursuant to the 2013's Land Law. The payments that the state-owned enterprise made for the State’s allocation of the land or for the enterprise’s receipt of the LURs on transfer shall be handled pursuant to the regulations of the Land Law and the Law on equitization.
The joint-stock company, upon its equitization, shall proceed to use the land parcels, in their allocated form, which have been allocated by the State on land-levy basis if it qualifies for using such land parcels on land-levy basis pursuant to the 2013's Land Law. Likewise, the joint-stock company, upon its equitization, shall proceed to use the land parcels, in their allocated form, which had been allocated by the State on land-levy basis before transferred to the state-owned enterprise.
c) The valuation of the LURs upon the equitization of the state-owned enterprise shall proceed as per the regulations of the Land Law and the Law on equitization of state-owned enterprises; however, it shall adhere to the principle that the land price for valuation of LURs is specified by the relevant provincial People's Committee pursuant to Clause 3 and Point d Clause 4 Article 114 of the Land Law.
The authority responsible for specifying the land price for valuation of LURs and calculation of land rents upon the equitization of the state-owned enterprise shall publish the land price specified on the websites of the provincial People’s Committee, the MONRE and the Ministry of Finance of Vietnam in at least 15 days before reporting to the provincial People's Committee for approval.
3. The equitized enterprises that have been using land before the effective date of this Decree but have not fulfilled legal formalities regarding LURs shall be handled in the following manner:
a) The provincial People's Committee shall be responsible for giving instructions to examine and scrutinize the management and use of land according to the equitization plan approved for completing the procedures for land allocation, land lease and issuance of the certificate of LURs and ownership of house and other property on land to the joint-stock company as per regulations.
When detecting a violation of the management and use of land, the provincial People’s Committee shall be responsible for organizing an inspection that settles such violation before the procedure for land allocation, land lease and certification for the joint-stock company;
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c) Land-related procedures stated in Point a and Point b of this Clause are subject to completion in 180 days from the date that this Decree comes into force.
4. A state-owned enterprise that was equitized before the effective date of this Decree and had its LURs processed as per the regulations of the Land Law upon its equitization is permitted to continue using the land allocated by the State on land-levy basis or to continue renting the land for the remaining duration of land use.
Article 43a. Handling of rights to use land parcels on lease or under mortgage upon State’s land expropriation 66
1. When a land parcel on lease or under mortgage is expropriated by the State pursuant to Article 61 and Article 62 of the Land Law, the land lease contract or the contract for mortgage of LURs shall terminate. The rights and obligations regarding the land use between the parties in the land lease contract or the mortgage contract shall be settled pursuant to the regulations of the Civil Code.
2. When a land parcel on lease is expropriated pursuant to Points a, b, c, d, g, h and i Clause 1 Article 64 of the Land Law, the land lease contract shall terminate and the land expropriation shall proceed in the following manner:
a) The State expropriates the land parcel whose lessor has violated the regulations of the Land Law. The lessor shall make compensation for damage to the renter pursuant to the regulations of the Civil Code;
b) The State expropriates the land parcel whose renter has violated the regulations of the Land Law. The renter shall make compensation for damage to the lessor pursuant to the regulations of the Civil Code;
c) If the transgressor of the regulations of the Land Law is neither the lessor nor the renter, the State shall expropriate the land parcel and the transgressor shall be held liable to make compensation for damage to the affected entities as per regulations.
3. If the rights to use a land parcel that the State expropriates pursuant to Point a, b, c, d, g, h and i Clause 1 Article 64 of the Land Law are under mortgage, the contract for mortgage of LURs shall terminate and the mortgagee shall repay the loan to the mortgagor as per the regulations of the Civil Code and other relevant regulations.
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a) If the land parcel is on lease, the State shall continue leasing it to the current renter for the remaining duration of the land lease contract signed;
b) If the LURs are under mortgage, they shall be handled as per the regulations of law on secured transactions.
Article 43b. Business organizations’ use of land acquired through transfer of agricultural LURs from households and individuals for investment projects 67
Business organizations’ use of the land parcels that are not being rented on annual rental basis and are acquired through transfer of agricultural LURs from households and/or individuals for investment projects proceeds in the following manner:
1. If a business organization uses the land acquired through transfer of agricultural LURs from households and/or individuals who are not renting such land, except rice cultivation land, protective forest land and reserve forest land, for implementing an agricultural production investment project and the purpose of use of such land is not converted, such organization can continue using the land without being subjected to renting them. In this event, the land use term shall accord with the duration of the investment project pursuant to Clause 3 Article 126 of the Land Law.
If the business organization applies for conversion of the land’ purpose of use to another under the category of agricultural land pursuant to Clause 1 Article 57 of the Land Law, it shall be required to fulfill financial obligations as per the laws without being subjected to renting the land. In this event, the land use term shall accord with the duration of the investment project pursuant to Clause 3 Article 126 of the Land Law.
2. If a business organization uses the land acquired through transfer of agricultural LURs from households and/or individuals who are renting such land from the State by paying the rent in lump sum for the entire duration of the lease, except rice cultivation land, protective forest land and reserve forest land, for implementing an agricultural production investment project, such organization can continue renting the land. In this event, the land use term shall accord with the duration of the investment project pursuant to Clause 3 Article 126 of the Land Law.
If the business organization applies for conversion of the land’ purpose of use to another under the category of agricultural land pursuant to Clause 1 Article 57 of the Land Law, it can continue renting the land and shall fulfill financial obligations as per the laws. In this event, the duration of land use shall accord with the duration of the investment project pursuant to Clause 3 Article 126 of the Land Law.
3. When the land use term ends, in the events stated in Clause 1 and Clause 2 of this Article, competent authorities shall consider extending the land use term upon request and the land is subject to being rented out as per the laws. Procedures for transfer of LURs and land repurposing are governed by Article 69 and Article 79 of this Decree.
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Article 43c. Business organizations, households and individuals using land which is repurposed 68
1. Upon the repurposing of a land parcel that a business organization is using, except for the circumstances defined in Article 43b of this Decree, the form of land use is determined in the following manner:
a) If a land parcel is repurposed to serve a project for investment and construction of housing for sale or for sale and lease or a cemetery facility investment project through which LURs connected with the facilities, such land parcel shall be allocated for use with the collection of land levies which will be calculated from the repurposing date as prescribed;
b) If the purpose of use of a agricultural or residential land parcel leased by the State or of a non-agricultural land parcel allocated by the State without the collection of land levies is converted to another purpose of use for non-agricultural business, construction of public business buildings, investment in housing for lease or construction of public service buildings, the land parcel shall be rented on annual rental basis or on lump-sum rent payment for the entire duration of the lease. The land rent, in this event, shall be payable upon the land repurposing (if any) as per regulations;
c) If the purpose of use of a residential land parcel or non-residential non-agricultural land parcel allocated by the State with the collection of land levies whose payments have not been sourced from the state budget is converted to another purpose of use for non-agricultural business, construction of public business buildings, investment in housing for lease or construction of public service buildings, the land parcel shall remain allocated with the collection of land levies. The land levies, in this event, shall be payable upon the land repurposing (if any) as per regulations;
d) If the purpose of use of a land parcel allocated by the State with the collection of land levies whose payments have not been sourced from the state budget is converted to another under the same category of agricultural land, such land parcel shall remain allocated with the collection of land levies which are payable upon the land repurposing (if any) as per regulations;
dd) If the purpose of use of a land parcel rented from or allocated by the State without or with the collection of land levies whose payments have been sourced from the state budget is converted to another under the same category of agricultural land, such land parcel shall be rented on annual rental basis or on lump-sum rent payment for the entire duration of the lease. The land rents, in this event, shall be payable upon the land repurposing as per regulations.
2. The form of land use shall be determined in the following manner upon the repurposing of a land parcel being used by a household or individual:
a) If an agricultural land parcel not rented from the State is converted to commercial land or non-agricultural business land, such land parcel shall be allocated with the collection of land levies which shall be payable upon the land repurposing as per regulations;
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c) The land use term upon conversion pursuant to Point a and Point b of this Clause shall accord with the duration of the investment project pursuant to Clause 3 Article 126 of the Land Law. If no investment project exists, the land use term shall be no more than 50 years. In an administrative division that is facing (extremely) socio-economic disadvantages, the land use term shall be no more than 70 years. The land use term commences upon the competent authority’s approval of land repurposing.
Article 43dd. Use of land acquired in recompense for State’s expropriation of agricultural land from households and individuals before October 01, 2009 for non-agricultural production or service 70
In the event that the allocation of (a) non-agricultural business land parcel(s) to a household or individual in recompense for the State’s expropriation of their agricultural land(s) pursuant to Clause 4 and Clause 5 Article 4 of the Government's Decree No. 17/2006/ND-CP dated January 27, 2006 and Article 30 of the Government's Decree No. 84/2007/ND-CP dated May 15, 2007 occurs after July 01, 2014 as per the compensation and settlement plan approved by competent authorities, such household or individual can use the land parcel(s) permanently and stably for the non-agricultural business or service defined, shall not incur the land levies upon obtaining the permission for converting the land parcel(s) to residential use and shall receive compensation based on residential land price upon the State’s expropriation of such land parcel(s).
Limits on areas of land for cultivation of annual crops, land for cultivation of perennial plants, land for planted production forests, land for aquaculture and land for salt production over which LURs can be acquired by each household or individual for agricultural purposes through transfer or donation of LURs or debt settlement as agreed upon in LURs mortgage contracts shall adhere to the following provisions:
1. Land for cultivation of annual crops, land for aquaculture or land for salt production:
a) Not exceeding 30 ha for each type of land, for provinces and central-affiliated cities in the southeastern region and the Mekong delta region;
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2. Land for cultivation of perennial plants:
a) Not exceeding 100 ha, for delta communes, wards and commune-level towns;
b) Not exceeding 300 ha, for midland and mountainous communes, wards and commune-level towns.
3. Land for planted production forests:
a) Not exceeding 150 ha, for delta communes, wards and commune-level towns;
b) Not exceeding 300 ha, for midland and mountainous communes, wards and commune-level towns.
4. In case a household or an individual acquires agricultural LURs through transfer in more than one province or central-affiliated city, the total area eligible for acquisition within the limit for each type of land (land for cultivation of annual crops, land for cultivation of perennial plants, land for planted production forests, land for aquaculture or land for salt production) equals the limit eligible for acquisition of LURs in the province or central-affiliated city in which the highest limit eligible for acquisition of LURs is applicable.
5. In case a household or an individual acquires agricultural LURs of different types of land (land for cultivation of annual crops, land for cultivation of perennial plants, land for planted production forests, land for aquaculture and land for salt production), the limit on agricultural land areas over which LURs can be acquired by this household or individual through transfer shall be determined for each type of land as prescribed in Clauses 1, 2 and 3 of this Article.
6. Households and individuals that have used agricultural land in excess of the limits on land areas over which they can acquire LURs through transfer as prescribed in Clauses 1 thru 5 of this Article and had completed procedures for registration of LURs transfer before July 01, 2007, may continue using the excess land areas like agricultural land areas within the limits.
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Article 45. Land for rice cultivation
1. Persons who are allocated or leased land specialized in wet rice cultivation by the State for use for non-agricultural purposes shall pay a sum of money for land reclamation and rehabilitation and investment in local infrastructure facilities.
2. The determination and use of the sums of money specified in Clause 1 of this Article must comply with the Government’s regulations on management and use of land for rice cultivation.
Article 45a. Natural production forest land 71
1. The State shall allocate natural production forest land areas to forest management organizations that manage, protect and develop forests.
The State shall allocate natural production forest land areas to resident households, individuals and communities, if desiring and be able to protect and develop forests, in a natural production forest zone where a forest management organization does not exist without the collection of land levies under their protection, development and other beneficial uses pursuant to the regulations of law on forest protection and development.
2. The households and individuals to whom the State allocated or leased natural production forest land or the residential communities to which the State allocated natural production forest land before July 01, 2004 can continue using the land for the remaining duration. The State shall consider extending the expired land use term upon request as per regulations.
1. In the course of reorganization, renovation and development to raise their operational efficiency, agricultural and forestry companies that currently use land shall:
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b) Propose land use plans based on the approved plans on reorganization, renovation and development of agricultural and forestry companies; local land use plannings and land use status.
A land use plan must indicate the location and boundary of land use; land area proposed to be retained for use by type of land, form of land use and land-use term; and land area to be handed over to the local authority;
c) Report on land use plans to the natural resources and environment agency for appraisal before submitting them to the provincial People’s Committee for approval;
d) Organize the implementation of the approved land use plans.
2. Provincial People’s Committees shall consider and approve land use plans of local agricultural and forestry companies; direct the determination of boundaries, placement of land use boundary landmarks under approved plans, making of land allocation and lease dossiers, and issuance of certificates of LURs and ownership of house and other property on land to the companies; and decide to expropriate the land areas handed over to local authorities under the approved land use plans.
3. The land areas retained by the companies for use under the approved land use plans which are illegally leased or lent; are encroached upon or occupied; or unlawfully used for joint venture or investment cooperation shall be handled as follows:
a) For the land area which is illegally leased or lent or used by the companies for joint venture or investment cooperation, the companies shall terminate such illegal lease or lending or unlawful use and use the land area for proper purposes;
b) The land area currently encroached upon or occupied shall be definitely handled and put to use.
4. For the land area handed over to local authorities, provincial People’s Committees shall make plans on its use in the following order of priority:
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b) Allocating or leasing to local households and individuals that have no land or lack production land;
c) Allocating or leasing land to current land users if they so wish, provided that such use of land complies with local land use plannings.
5. 72 If land areas of agricultural and forestry companies are expropriated by the State for serving the land use purposes defined in Articles 61 and 62 of the Land Law after these companies have issued decisions to allocate or lease land under approved land use plans as prescribed in Clauses 1, 2 and 3 of this Article, modification of the land use plan is not required and land shall be expropriated in accordance with regulations of law in force.
1. The use of land with inland water surface located in different provinces and central-affiliated cities must comply with approved land use plannings/plans and water resources plannings as well as the law on water resources.
2. Provincial People’s Committees or district-level People’s Committees shall lease land with inland water surface to economic organizations, households or individuals for investment in aquaculture, agricultural production or for combined agricultural and non- agricultural purposes according to their competence defined in Article 59 of the Land Law.
3. Land lessees defined in Clause 2 of this Article shall protect the environment and landscape and ensure that their land use does not affect the main purposes of facilities using land with inland water surface.
Article 48. Riparian and coastal alluvial land
1. District-level People’s Committees shall investigate into, survey, monitor and assess riparian and coastal alluvial land areas that are regularly deposited or affected by landslide in order to make plans for land exploitation and use.
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3. MONRE's Minister shall promulgate detailed regulations on the use of riparian and coastal alluvial land.
SECTION 3. NON-AGRICULTURAL LAND
Article 49. Use of land for construction of apartment buildings
1. Land for construction of apartment buildings or apartment buildings for combined residence and use as offices or trade and service establishments (hereinafter referred to as “apartment buildings”) includes land for construction of apartment buildings, land for use as yards and for planting flowers and trees around apartment buildings, and land for construction of infrastructure facilities.
2. Investors of apartment building construction projects shall be allocated or leased land and granted certificates of LURs and ownership of house and other property on land for the land area under these projects according to the following provisions:
a) For the land area used for construction of apartment buildings and infrastructure facilities used by investors for commercial purposes under investment projects and detailed construction plannings approved by competent authorities, the investors shall be allocated or leased such land by the State with paying land levies or land rents, and be issued with certificates of LURs and ownership of house and other property on land;
b) For the land areas used for construction of roads and other infrastructure facilities which are used for serving people living in and outside the apartment buildings but investors’ provision of services under their investment projects, the investors shall be allocated or leased such land by the State for management and construction of facilities and do not have to pay land levies or land rents but they shall not be issued with certificates of LURs and ownership of house and other property on land; the investors shall hand over such land to local authorities for management after completing the construction under the investment projects, detailed construction plannings and land allocation or lease decisions of competent authorities.
3. LURs and the issuance of certificates of LURs and ownership of house and other property on land under projects on construction of apartment buildings for sale or for combined sale and lease must comply with the following provisions:
a) Investors shall hand over the land areas under shared use rights of owners of apartments, offices and trade and service establishments in the apartment buildings (hereinafter referred to as “apartments”), including the land areas used for construction of apartment buildings, yards, planting of flowers and trees around the apartment buildings, and construction of infrastructure facilities outside the apartment buildings which directly serve the apartment buildings, to apartment owners for management and use under the investment projects. Investors shall clearly determine the locations, boundaries and land areas under shared use rights under the investment projects, detailed construction plannings and layout designs for submission to competent authorities for approval; and in house purchase and sale contracts and as-built drawings for carrying out the procedures for issuance of certificates of LURs and ownership of house and other property on land to the purchasers;
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c) Apartment owners shall be issued with certificates of LURs and ownership of house and other property on land for the land area under shared use as prescribed in Point a of this Clause for a long and stable term; the area of each apartment shall be determined based on the signed apartment purchase and sale contract;
d) Upon issuance of certificates of LURs and ownership of house and other property on land to apartment purchasers, the certificates already granted to investors as prescribed in Clause 2 of this Article shall be adjusted to the form of shared use in respect of the land area specified in Point a of this Clause.
The land area of a housing development project that remains after determination of the areas specified in Point b of Clause 2 and Point a of this Clause shall come under the use rights of the project’s investor that shall also be issued with a certificate of LURs and ownership of house and other property on land for this land area.
Article 49a. Contribution of LURs and revision to LURs for investment projects 73
1. The following requirements apply to the contribution of a LURs and the revision to a LURs for implementing an investment project:
a) In the circumstance defined in Point i Clause 1 Article 179 of the Land Law;
b) The implementation of the investment project has to accord with the land use plans, construction plans, urban plans, housing development programs/plans, rural residential area plans, new-style rural commune development plans approved by competent government authorities;
c) The plan(s) for LURs contribution and revision to LURs must be made available, be accepted by the user(s) of the land parcels on which the project is expected to occur and be approved by the relevant provincial People's Committee;
d) The rights of land users in the project’s vicinity must be maintained.
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Article 50. Use of land for national defense and security purposes
1. Users of land for national defense or security purposes are defined as follows:
a) Units under the Ministry of National Defense of Vietnam or the Ministry of Public Security of Vietnam shall be users of land for military barracks, except the case specified in Point c of this Clause; land for military bases; land for national defense works, battle fields and special works of national defense and security; public-duty houses of people’s armed forces; and land in the areas allocated by the Government exclusively to the Ministry of National Defense of Vietnam or the Ministry of Public Security of Vietnam for management, protection and use;
b) Units directly using land are land users for land used for military railway stations and ports; land for industrial and science and technology facilities directly serving national defense and security; land for warehouses for people’s armed forces; land for shooting grounds, training grounds, and weapon testing or weapon destroying sites; land for construction of schools, hospitals and sanitaria of the people’s armed forces; land for detention and re-education institutions managed by the Ministry of National Defense of Vietnam or the Ministry of Public Security of Vietnam;
c) Military commands of provinces or central-affiliated cities; military commands of districts, towns or provincial cities; public security departments of provinces or central-affiliated cities; public security offices of districts, towns or provincial cities; public security offices of wards or townships; and border guard stations are users of land for construction of their offices.
2. Land for national defense or security purposes shall be properly used. For unused or improperly used land areas, provincial People’s Committees shall notify land users to put the land to proper use; 12 months after receiving such notification, if land users fail to put the land to proper use, provincial People’s Committees shall recover such land for allocation to others for use.
3. 74 (abrogated)
3. 75 Land currently managed and used by people’s armed force units but not under approved plannings on use of land for national defense or security purposes shall be handed over to localities for management and handled as follows:
a) For land areas already allocated for households of officers and soldiers of the people’s armed force units for building houses under approved land use plannings or plans, the land users shall be granted certificates of LURs and ownership of houses and other property on land and shall fulfill all financial obligations prescribed by law;
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c) For land areas which are not specified in Points a and b of this Clause, provincial People’s Committees shall decide to expropriate them for allocation or lease for use in accordance with law.
4. 76 Competent authorities shall definitely handle disputed land areas for identifying land users.
Article 51. Land of industrial parks, export processing zones, industrial clusters and handicraft villages 77
1. The term of use of land parcels in an industrial park, export processing zone, industrial cluster or handicraft village shall accord with the duration of the investment projects.
If the duration of the investment project exceeds the remaining duration of use of the land parcel in the industrial park, export processing zone, industrial cluster or handicraft village, the relevant enterprise constructing and operating the infrastructure of such industrial park, export processing zone, industrial cluster or handicraft village shall apply to competent authorities for adjusting the land use term accordingly; however, the total land use term shall not exceed 70 years and the land levies or land rents shall be charged on the land area whose term of use is extended.
2. When planning details on the construction of an industrial park, export processing zone or industrial cluster, a provincial People’s Committee shall consider the current status of local residential areas and the accommodation need of the workers taking up employment in the industrial park, export processing zone or industrial cluster to allocate land outside the industrial park, export processing zone or industrial cluster in accordance with the land use plan for the construction of apartment buildings and cultural and social facilities that serve the workers.
3. The form of land use in a handicraft village shall be similar to that in an industrial park, export processing zone or industrial cluster pursuant to Clauses 2, 3, 4 and 5, Article 149 of the Land Law.
4. Provincial People’s Committees shall be responsible for organizing inspections and actions against the entities that rent or sub-rent land in industrial parks, export processing zones, industrial clusters or handicraft villages but desist or delay the use of such land against the agreed schedule of land use in the land rent or land sub-rent contract with the company that invests in and operates the infrastructure.
5. Responsibilities of a company that invests in and operates the infrastructure facilities of an industrial park, export processing zone, industrial cluster or handicraft village:
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b) It shall be liable to the State and the law for managing the use of land in the industrial park, export processing zone, industrial cluster or handicraft village; and be responsible for examining, monitoring and expediting the renter’s or sub-renter's land use in conformity to the agreed schedule in the contract;
c) On annual basis, the company investing in, constructing and operating the infrastructure facilities of the industrial park, export processing zone, industrial cluster or handicraft village shall be responsible for reporting to the provincial People’s Committee and the General Department of Land Administration and publish the area of land available for lease or sublease in the industrial park, export processing zone, industrial cluster or handicraft village on the websites of the company, the People’s Committee of the province in which the land exist, and the General Department of Land Administration.
6. If the renter or sub-renter desists or delays the use of the land against the agreed schedule in the land rent or sub-rent contract, except in case of force majeure pursuant to Clause 1 Article 15 of this Decree, the company investing in and operating the infrastructure facilities of the industrial park, export processing zone, industrial cluster or handicraft village shall be responsible for:
a) Requesting the renter or sub-renter to carry out measures to put the land into use or terminating the land rent or sub-rent contract unilaterally;
b) Listing the entities that desist or delay the use of land against the land use schedule and reporting thereof to the Industrial Park Management Board, provincial Department of Planning and Investment, provincial Department of Natural Resources and Environment, provincial People’s Committee, Ministry of Planning and Investment of Vietnam and MONRE. The bodies receiving the report and the company investing in and operating the infrastructure facilities of the industrial park, export processing zone, industrial cluster or handicraft village shall be responsible for publishing the list of the entities that desist or delay land use on the websites of such bodies and the company.
7. In the event that the renter or sub-renter continues desisting or delaying land use though the company investing and operating the infrastructure of the industrial park, export processing zone, industrial cluster or handicraft village has acted pursuant to Clause 6 of this Article, the provincial People’s Committee shall expropriate the renter’s or sub-renter’s area of land in violation according to the conclusion of inspection and allocate it to the company investing in and operating the infrastructure facilities of the industrial park, export processing zone and handicraft village. The company investing in and operating the infrastructure facilities of the industrial park, export processing zone, industrial cluster or handicraft village shall lease or sublet the areas of land that the State has expropriated to the investors in need of such areas.
The settlement of rights and obligations between the entity investing in and operating the infrastructure facilities of the industrial park, export processing zone, industrial cluster or handicraft village and the renter or sub-renter shall be subject to the regulations of the Civil Code.
8. In regard to the entities that have rented or sub-rented land from an entity investing in and operating the infrastructure facilities of the industrial park, export processing zone, industrial cluster or handicraft village prior to the effective date of this Decree, except in case of force majeure pursuant to Clause 1 Article 15 of this Decree, provincial People’s Committees shall expropriate the land in the following circumstances:
a) The land has not been used or its use is delayed 36 months behind the agreed-upon schedule of land use in the land rent or sub-rent contract;
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9. Provincial People’s Committees shall promulgate detailed regulations on the expropriation of the land whose use is not progressive or is delayed pursuant to Clause 7 and Clause 8 of this Article.
10. 78 If self-financed public service providers are assigned by competent authorities to act as investors of projects on construction and trading of infrastructure facilities of industrial parks, export processing zones and industrial complexes in respective localities facing socio-economic disadvantages in accordance with the Investment Law, they shall be leased land by the State to implement projects, may sublease the land after investing in infrastructure, and must implement and comply with the provisions of this Article.
Article 52. Land for hi-tech zones
1. The term of use of land for implementing projects on production and trading of hi-tech products; hi-tech research, development and application and training of human resources in hi-tech zones must comply with Articles 125 and 126 of the Land Law.
2. 79 Management Boards of hi-tech zones, with respect to land management, shall be responsible for:
a) Cooperating with land clearance and compensation organizations in providing compensation, support and relocation;
b) Presenting to provincial People’s Committees the decisions on collection of land rent and on reduction or exemption of land rent for each project;
c) Expropriating land parcels rented out or allocated when land users violate the regulations of Land Law pursuant to Points a, b, c, d, e, g and i Clause 1 Article 64 of the Land Law; or when land users terminate their land use lawfully or return the land parcels voluntarily pursuant to Points a, b, c and d Clause 1 Article 65 of the Land Law. Land rent, property on land and remaining cost of investment in land shall be handled in a manner similar to that of the State’s expropriation of land pursuant to the regulations of the Land Law;
d) Managing the land expropriated in the events prescribed in Point c of this Clause;
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e) Stipulating the administrative procedures for land in the hi-tech zones;
g) Sending the decisions on land re-allocation, land lease, land use extension, cadastral map extraction or cadastral measurement extraction to the land registration offices that register information into cadastral records, update the land database and report to the authorities competent to issue certificates of LURs and ownership of house and property on land.
3. Inspection, and settlement of complaints, denunciations and disputes related to land areas in hi-tech zones must comply with regulations of laws on complaints, denunciations and the Land Law.
4. 80 Management Boards of hi-tech zones under the management of the central government shall bear the following responsibilities in managing and using the land allocated by provincial People’s Committees before July 01, 2014:
a) Implement Points a, c, d, dd, e and g Clause 2 of this Article; continue implementing the construction plannings approved by competent authorities;
b) Specify land prices in detail by land pricing coefficient method to calculate the rent on the leased land in the hi-tech zones; however, such land prices shall not be lower than those defined in the provincial People’s Committees’ land price lists;
c) Decide the land pricing coefficient and the proportion (%) of land rent to land price, and decide the amount of land rent deducted or exempted for each project pursuant to the regulations of the Government and Prime Minister;
d) Specify the land rents payable and notify renters in writing of the rents as per regulations.
5. 81 The management and use of the land allocated by provincial People’s Committees before July 01, 2014 to hi-tech zones under the management of the provincial People’s Committees shall proceed in the following manner:
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b) Continue implementing construction plannings approved by competent authorities.
Article 53. Land for economic zones
1. Management Boards of economic zones, with respect to land management, shall be responsible for:
a) Cooperating with land clearance and compensation organizations in providing compensation, support and relocation;
b) Deciding on land levies and land rents provided that the land price used for land levy or land rental calculation is not lower than the land price in the land price list announced by the provincial People’s Committee; and on land levy or land rental exemption and reduction for each project in case of land re-allocation or lease according to the Government’s regulations;
c) Expropriating land parcels rented out or allocated when land users violate the regulations of Land Law pursuant to Points a, b, c, d, e, g and i Clause 1 Article 64 of the Land Law; or when land users terminate their land use lawfully or return the land parcels voluntarily pursuant to Points a, b, c and d Clause 1 Article 65 of the Land Law; managing land parcels expropriated as prescribed in this Point;
d) Stipulating the administrative procedures for land in economic zones;
dd) Sending the decisions on land re-allocation, land lease, land use extension, cadastral map extraction or cadastral measurement extraction to the land registration offices that register information into cadastral records, update the land database and report to the authorities competent to issue certificates of LURs and ownership of house and property on land.
2. Inspection, and settlement of complaints, denunciations and disputes related to land areas in economic zones must comply with regulations of laws on complaints, denunciations and the Land Law.
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Article 54. Land for implementation of build-transfer (BT) and build-operate-transfer (BOT) projects
1. The State shall allocate land areas to investors for implementing BT projects; investors are not required to pay land levies or land rental during the construction of facilities under approved projects and shall preserve the land areas allocated to them for management and use strictly according to the purposes indicated in the projects.
The transfer of facilities and land areas under these projects shall be conducted within the time limit written in approved investment projects or the extended time limit for transfer as permitted by competent authorities. Over the time limit for transfer, if the investors fail to transfer, they shall lease land from the State, with the duration of land lease starting from the end of the duration of construction of facilities under the approved projects.
2. The State shall allocate or lease land to investors for implementation of BOT projects; investors are entitled to exemption from or reduction of land levies or land rents under the Government’s regulations.
3. Persons who are transferred facilities for use and operation shall be allocated or leased land by the State or assigned to manage land areas on which such facilities exist in accordance with the Land Law.
Article 55. Land for civil airports and aerodromes 82
1. Based on approved detailed plannings on airports and aerodromes, the Ministry of Transport of Vietnam shall assume the prime responsibility for, and coordinate with the Ministry of National Defense of Vietnam in, determining boundaries of land exclusively used for single civil purposes and land commonly used for mixed civil and military purposes under either civil or military administration.
2. For investment projects on construction of new civil airports and aerodromes carried out in the public-private partnership (PPP) form, competent authorities shall allocate, assign or lease land after obtaining written decisions on approval of investment policies from the Prime Minister.
3. For the land currently in use but not yet granted the certificates of land tenure, airport authorities shall consider, measure, declare and complete the procedures to request the provincial People's Committees to issue these Certificates according to the regulations. If any land is no longer needed, the procedures for handing over such land to the provincial People's Committee shall be carried out according to regulations.
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a) Land used for the purposes specified in Points a and b Clause 1 Article 156 of the Land Law shall be assigned and allocated without collection of land levies with a stable and permanent use term;
b) Land used for the purposes specified in Points c and d Clause 1 Article 156 of the Land Law shall be leased out for use during a lease term which is determined based on investment projects or land lease applications, but shall not exceed the relevant term specified in Clause 3 Article 126 of the Land Law. Upon the expiry of the lease terms, current land users may be given extension of their lease terms if they wish to continue using land.
The term of lease of land used for implementation of investment projects on construction of new airports, aerodromes or facilities at airports or aerodromes in the PPP form shall be determined according to the investment project contract term, but not exceed the term specified in Clause 3 Article 126 of the Land Law.
With respect to the land on which there are existing works that are being exploited and used stably in accordance with the airport or aerodrome plannings approved by competent authorities, airport authorities shall lease the land according to land lease applications during the period not exceeding the term specified in Clause 3 Article 126 of the Land Law.
With respect to the land on which there are existing works that are being exploited and used stably, but not in line with the airport or aerodrome plannings approved by competent authorities, airport authorities shall lease the land according to the land lease applications for the period expired every single year until the State expropriates the land in accordance with regulations of law.
c) For a land parcel on which existing works have been built before the relevant airport authority is allocated land or has LURs recognized, the airport authority may allocate and lease the land after obtaining the Certificate. Land rents shall be charged from the day on which the airport authority issues a land lease decision.
Land users shall be responsible for paying the arrears of land rents equivalent to the annual land rents calculated from the time of commencement of land use to the time when airport authorities decide to lease the land in accordance with the laws. The Ministry of Finance of Vietnam shall assume the prime responsibility for, and coordinate with the Ministry of Transport of Vietnam in, guiding the retrospective collection of land rent amounts payable specified at this Point.
The Ministry of Transport of Vietnam shall cooperate with the provincial People's Committees in determining the commencement date of land use as a basis to determine financial obligations in accordance with law.
d) As for the land used for construction of new facilities or expansion of existing ones, the commencement date on which land rents are charged is the time of airport authorities' issuance of land lease decision.
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6. Airport authorities shall have the following responsibilities for land plots allocated by the provincial People’s Committees:
a) Operating and managing them to serve predetermined purposes and ensure efficiency;
b) Inspecting land use and fulfillment of land-related financial obligations of organizations and individuals that are allocated or rent the land by airport authorities;
c) Issuing land expropriation decisions in cases where airport authorities allocate land plots in the cases specified in Points a, b, e, g and i Clause 1 Article 64 and Points a, b, c and d, Clause 1 Article 65 of the Land Law. Issuing decisions to terminate land leases in case of violation of these land leases of airport authorities.
7. Inspection, and settlement of complaints, denunciations and disputes related to land areas of airports and aerodromes must comply with regulations of laws on complaints, denunciations and the Land Law.
Article 56. Land for construction of public facilities with safety protection corridors
1. For land for safety protection corridors of public facilities under decisions of competent authorities while such facilities do not use surface land, land shall be leased only during the construction of the facilities.
2. Pursuant to competent authorities’ regulations on the scope of safety protection corridors of facilities, organizations directly managing facilities with safety protection corridors shall assume the prime responsibility for, and coordinate with People’s Committees of localities where the facilities are built in, drawing plans on placement of boundary landmarks to specifically determine safety protection corridors and submit such plans to People’s Committees of provinces or cities where the facilities are built, for approval; and at the same time, to notify People’s Committees at all levels of localities where the facilities are built, for coordination in the protection of their safety corridors.
3. Within 30 working days after having plans on placement of boundary landmarks to specifically determine safety protection corridors approved by provincial People’s Committees, organizations directly managing facilities with safety protection corridors shall assume the prime responsibility for, and coordinate with district-level People’s Committees and communal People’s Committees of localities where the facilities are built in, publicizing boundary landmarks of facilities protection corridors and place boundary landmarks in the field, then deliver such boundary landmarks to People’s Committees of communes where the facilities are built, for management.
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a) In case the use of land affects the safety protection of facilities or in case the operation of facilities directly affects the life or health of land users, authorities in charge of state management of such facilities shall appraise the level of impacts, and, if land expropriation is needed, propose competent People’s Committees to decide on expropriation of such land. Persons having land expropriated are entitled to compensation and support for land and property on land which already exists before the facilities’ safety corridors are publicized, and to relocation in accordance with law.
In case the use of land affects the safety protection of facilities, their owners and land users shall take remedies. Facility owners shall take responsibility for such remedies; if they are unable to take remedies, the State shall expropriate land and persons having land expropriated are entitled to compensation, support and relocation in accordance with law;
b) In the cases of land use other than those specified in Point a of this Clause, current users of land within facility safety protection corridors may continue using such land according to the set purposes and shall comply with regulations on facilities safety protection;
c) Certificates of LURs and ownership of house and other property on land shall be issued for land areas within facility safety protection corridors in case the conditions for issuance of such certificates are fully met in accordance with the Land Law, unless land expropriation notices or decisions have been issued.
Holders of certificates of LURs and ownership of house and other property on land may only use the land in accordance with Point b of this Clause.
5. Authorities or organizations directly managing facilities with safety protection corridors shall take the prime responsibility for the safety protection of the facilities. In case the safety protection corridors are encroached, occupied or illegally used, they shall promptly report the case to People’s Committees of communes where such corridors are built, for handling.
6. Chairpersons of People’s Committees at all levels of localities where facilities with safety protection corridors are located shall:
a) Detect and promptly handle cases of encroaching upon, occupying or illegally using land areas within the safety protection corridors; promptly stop the illegal building of facilities on the land of the safety protection corridors; and force violating entities to restore the original status of land;
b) Cooperate with authorities or organizations directly managing the facilities in disseminating regulations on safety protection of facilities and in publicizing boundary landmarks of the facilities’ safety protection corridors;
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7. The temporary use of land for construction of public facilities with safety protection corridors shall proceed according to specific agreements between construction units and land users in accordance with the civil law.
Article 57. Use of land for construction of underground facilities
Based on land use plannings/plans, plannings on space for urban underground construction and other relevant plannings approved by competent authorities, provincial People’s Committees shall decide to allocate or lease land for the construction of underground facilities according to the following provisions:
1. Business organizations, overseas Vietnamese and foreign-invested enterprises may use land leased by the State on an annual or lump-sum payment of land rents for the entire lease term if they use land to construct underground facilities for commercial purposes.
2. Business organizations, overseas Vietnamese and foreign-invested enterprises may use land allocated by the State without collection of land levies if they use land to construct underground facilities not for commercial purposes.
3. The use of land for the construction of underground facilities in the form of BT or BOT projects must comply with provisions of Article 54 of this Decree.
Article 57a. Land on which water surface of hydroelectric or irrigational reservoir exists 83
1. Provincial and district-level People's Committees shall decide the lease of the land on which water surface of a hydroelectric or irrigational reservoir exists, under their authority, for non-agricultural use or aquaculture pursuant to Article 59 of the Land Law.
2. The use of the land on which water surface of a hydroelectric or irrigational reservoir exists for non-agricultural use or aquaculture shall not affect the primary purpose of use defined and shall adhere to other relevant the laws.
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Section 4. MANAGEMENT AND PUTTING OF UNUSED LAND TO USE
Article 58. Management of unused land
1. Unused land includes unused flatland, unused hilly and mountainous land and rocky mountains without forests.
2. Annually, communal People’s Committees shall report on the management and exploitation of unused land areas to district-level People’s Committees.
Article 59. Measures to put unused land to use under approved land use plans
1. The State shall adopt policies on infrastructure investment in border, island, remote, isolated and highland areas, areas having much land but sparsely populated, and areas with difficult natural conditions in order to put unused land to use; and to exempt or reduce land levies or land rents for cases of allocation or lease of unused land for use.
2. Provincial People’s Committees shall use revenues collected from the changes in land under wet rice cultivation into land used for other purposes and other lawful funding sources for the reclamation, rehabilitation and use of unused land.
ORDER AND ADMINISTRATIVE PROCEDURES FOR MANAGEMENT AND USE OF LAND
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Article 60. Dossier submission and notification of results of implementation of land-related administrative procedures 84
1. The following authorities shall take charge of receiving dossiers and notifying results of handling of procedures for land allocation, land lease and land repurposing:
a) Provincial Departments of Natural Resources and Environment shall receive dossiers and notify results for the cases prescribed in Clause 1 Article 59 of the Land Law;
b) District-level Departments of Natural Resources and Environment shall receive dossiers and notify results for the cases prescribed in Clause 2 Article 59 of the Land Law.
2. Authorities in charge of receiving dossiers and notifying results of handling of procedures for registration of land and other property on land; issuing, replacing and re-issuing certificates are land registration offices and their branches.
Based on specific local conditions, each provincial People's Committee shall promulgate regulations on receipt and transfer of dossiers, handling and notification of results of handling of procedures for registration of land and other property on land; issuance, replacement, and reissuance of Certificates within the time limits prescribed in laws, publicly announce administrative procedures and selection of the dossier submission location which is the land registration office or one of its branch located in such province or locations requested by land users/owners of property on land.
If the land registration office or its branch receives dossiers and notifies results of handling of procedures for registration of land and other property on land; issuance, replacement, and reissuance of certificates at the request of a land user or owner of property on land, the time and location of dossier receipt and returning of results of handled procedures shall be subject to specific agreement between the requester and the land registration office or its branch, provided that results must be given within the time limit prescribed by the provincial People's Committee.
For localities where land registration offices are yet to be established, provincial LURs registration offices shall receive dossiers submitted by religious establishments/organizations, overseas Vietnamese implementing investment projects, foreign organizations and individuals and foreign-invested enterprises; district-level LURs registration offices shall receive dossiers submitted by households, individuals, communities and overseas Vietnamese entitled to own houses associated with residential LURs in Vietnam.
The People’s Committee of commune where the land is located may also receive dossiers and notify results of handling of procedures to households, individuals or communities that wish to submit their dossiers to communal People’s Committees. In case of registration of changes in land and property on land; and replacement and re-issuance of certificates, within 03 working days from the receipt of a complete dossier, the communal People’s Committee shall forward the received dossier to the relevant land registration office or its branch.
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4. Hi-tech zone and economic zone management boards; and airport authorities are focal points for receiving dossiers and notifying results of handling of administrative procedures for land parcels in hi-tech zones, economic zones, airports or aerodromes.
5. Notification of administrative procedure handling results:
a) Administrative procedure handling results shall be given to land users/owners of property on land within a maximum duration of 03 days after those results are available, except the case prescribed in Point b of this Clause;
b) In case financial obligations arise from handling of administrative procedures, certificates of LURs and ownership of house and other property on land shall be delivered upon submission by land users/owners of property on land of documents proving their fulfillment of financial obligations as prescribed. In case of land lease with annual payment of land rents, results shall be given after the signing of the land lease contract has been completed. Where financial obligations arising from handling of administrative procedures are exempt, results shall be given upon receipt of a competent authority’s written certification of such exemption;
c) If a dossier is unsatisfactory, the receiving authority shall return it to the applicant and give reasons therefor.
6. 85 Handling land-related administrative procedures electronically
a) Based on existing land-related information technology infrastructure and land database under their management, authorities in charge of receiving dossiers and notifying results of handling of land-related administrative procedures mentioned in this Article shall organize the electronic performance of such tasks according to Government’s regulations.
b) Electronic procedures for registration and issuance of certificates shall be handled as follows:
Authorities in charge of receiving dossiers and notifying dossier handling results shall handle land-related administrative procedures in accordance with the Land Law. If results cannot be given within the prescribed time limit as a result of further inspection or verification or other reasons, the authority in charge of receiving dossier and notifying handling results shall send a notice indicating reasons for such delay in writing or through the public service portal or SMS message to the applicant.
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The authority receiving the dossier or in charge of handling administrative procedures shall request the applicant to submit the original of the issued certificate and other required documents after the land user has fulfilled their financial obligations.
Administrative procedure handling results shall be given directly at the premises of the dossier-receiving authority or via public postal service or another location requested in case of procedures for registration of land and other property on land, issuance, replacement or reissuance of certificate.
7. 86 Land users/owners of property on land that apply for handling of land-related administrative procedures as prescribed in this Article shall assume legal responsibility for the accuracy and truthfulness of their provided information and documents.
The dossier-receiving authority shall check the adequacy of the received dossier. The authority in charge of handling land-related administrative procedures shall comply with regulations on authority and time limit for handling procedures as prescribed by law and shall not assume responsibility for contents of documents included in a dossier previously accepted, appraised, approved or handled by another competent authority or person.
8. 87 Connection, data sharing and electronic interconnection between authorities for handling administrative procedures and serving fulfillment of financial obligations by applicants shall comply with regulations of law on electronic handling of administrative procedures and implementation of single-window system and inter-agency single-window system mechanisms.
Article 61. Time limits for completing land-related administrative procedures 88
1. Time limits for completing procedures for land allocation, land lease and land repurposing are defined below:
a) Land allocation or land lease procedures must be completed within a maximum duration of 20 days which does not include the time for land expropriation, compensation and land clearance;
b) Procedures for approval of land repurposing must be completed within a maximum duration of 15 days.
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a) Procedures for registration of land and property on land and issuance of certificate of LURs and ownership of house and property on land must be completed within a maximum duration of 30 days;
b) Procedures for registration and issuance of certificate of LURs and ownership of house and property on land for a transferee receiving LURs and ownership of house or building from a construction investment organization must be completed within a maximum duration of 15 days;
c) Procedures for registration and issuance of certificate of LURs and ownership of house and property on land upon a change to the property on land must be completed within a maximum duration of 15 days;
d) Procedures for registration of change to land or property on land for a winner of an auction of LURs; or in case of settlement of land-related dispute, complaint or denunciation; settlement of a LURs mortgage contract or a contract for contribution of capital in the form of LURs; the distrainment and auction of LURs or property on land for the execution of a sentence; the division, merger or consolidation of an organization or conversion of a company; the division or consolidation of LURs and ownership of property on land under an agreement of a household, married couple or group of land users must be completed within a maximum duration of 10 days;
dd) Procedures for division or consolidation of land lots or the registration of land allocated by the State for management must be completed within a maximum duration of 15 days;
e) Procedures for land-use term extension must be completed within a maximum duration of 07 days;
g) Procedures for confirmation of a household’s or individual’s continued use of land upon expiration of land use term must be completed within a maximum duration of 05 days;
h) Procedures for registration, revision or termination of a limited right of use of a contiguous land lot must be completed within a maximum duration of 10 days;
i) Procedures for registration of change to the land user(s), to the owner(s) of property on land, to the shape, size, number or address of a land lot or to limitation(s) on LURs or to financial obligations or to property on land against the previous registration must be completed within a maximum duration of 10 days;
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l) Procedures for exchange, transfer, inheritance, donation of LURs with or without ownership of property on land or for registration of capital contribution in the form of LURs or ownership of property on land must be completed within a maximum duration of 10 days;
m) Procedures for termination of registration of capital contribution in the form of LURs with or without ownership of property on land must be completed within a maximum duration of 03 days;
n) Procedures for registration or termination of registration of mortgage, lease or sublease of LURs must be completed within a maximum duration of 03 days;
o) Procedures for changing a spouse's LURs with or without ownership of property on land to the spouses' concurrent LURs and ownership must be completed within a maximum duration of 05 days;
p) Procedures for replacement of a certificate of LURs, certificate of house ownership or certificate of ownership of a building must be completed within a maximum duration of 07 days; however, the procedure for replacement of multiple land users’ certificates due to map redrawing must be completed within a maximum duration of 50 days;
q) Procedures for reissuance of a lost certificate of LURs, lost certificate of house ownership or lost certificate of ownership of a building must be completed within a maximum duration of 10 days;
r) Procedures for correction of information on an issued certificate of LURs and ownership of house and property on land, an issued certificate of LURs, an issued certificate of house ownership and LURs, an issued certificate of house ownership or an issued certificate of ownership of a building must be completed within a maximum duration of 10 days.
3. Time limits for completing procedures for reconciliation or settlement of dispute over land are defined below:
a) The reconciliation of land dispute shall not take more than 45 days;
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c) The settlement of land dispute under the jurisdiction of the chairperson of a provincial People’s Committee shall not take more than 60 days;
d) The settlement of land dispute under the jurisdiction of the MONRE's Minister shall not take more than 90 days;
dd) The coercive execution of a decision on land dispute settlement shall not take more than 30 days.
4. The time limits defined in Clause 1, 2 and 3 of this Article shall commence from the date of receipt of a valid application. It does not include regulated holidays and days-off; time for intake of documents at communal level, time for land user’s fulfillment of financial obligations; time for consideration and execution of actions against a violation of the regulations of the Land Law and time for solicitation of appraisal.
If a dossier is insufficient or invalid, the receiving authority shall, in no more than 03 working days, inform and guide the applicant to supplement and complete the documents as per regulations.
The time limit of each procedure defined in this Article shall be elongated by 10 days, except the reconciliation of land dispute, in mountainous communes, islands, remote and isolated regions, and areas that are facing (extremely) socio-economic disadvantages.
5. Provincial People’s Committees shall stipulate the length of time of multiple land-related administrative procedures, which shall not exceed the time limit of such procedures in total pursuant to this Article.
1. MONRE shall specify the form and components of the dossier for implementation of land-related administrative procedures prescribed in this Decree.
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1. Land levies, land rents, land-related taxes and registration fees (hereinafter referred to as “financial obligations”) shall be determined by tax authorities. Provincial Departments of Natural Resources and Environment, district-level Departments of Natural Resources and Environment or land registration offices shall provide cadastral information for tax authorities in cases of eligible applicants that are subject to financial obligations as prescribed.
Land prices used for calculation of financial obligations shall be determined by provincial Departments of Natural Resources and Environment; or by tax authorities, in case of application of the land price adjustment coefficient for determination of specific land prices.
2. Tax authorities shall notify financial obligations to land users or owners of property on land as prescribed by law within 05 working days from the date of receipt of cadastral information.
Competent authorities shall sign certificates of LURs and ownership of house and other property on land, for land users and owners of property on land exempted from, or entitled to owe, financial obligations, those subject to financial obligations and having fulfilled these obligations, and those having obtained decisions on exemption from financial obligations in accordance with law.
3. Dossier-receiving authorities shall determine amounts of charges and fees related to land management and use, except the registration fees prescribed in Clause 1 of this Article, to be paid by land users upon implementation of administrative procedures for land management and use; and notify and guide land users to pay them in accordance with law.
4. [89] The collection of land levies on LURs recognized shall commence upon the relevant land registration office's delivery of cadastral information to the tax authority.
A land registration office shall deliver cadastral information to a tax authority in no more than 15 days from the date of receipt of the full and valid dossier. Upon receiving cadastral information from the land registration office, the tax authority shall notify the land user(s) of financial obligations in no more than 05 days.
If the land registration office or the tax authority delays its delivery of information or determination of financial obligations, respectively, the land levies shall be charged upon the land registration office’s receipt of the full and valid dossier.
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a) If a state authority is liable for the invalid issuance of the certificate, the base price shall be that determined upon the issuance of the previous certificate;
b) If the land user is liable for the invalid issuance of the certificate, the base price shall be that determined upon the reissuance of the certificate of LURs and ownership of house and property on land;
c) The Ministry of Finance of Vietnam shall provide detailed regulations on the collection, payment and refund of financial obligations pursuant to this Clause.
Article 64. Contracts and transaction documents on LURs and ownership of property on land
1. Contracts and transaction documents on LURs and ownership of property on land of households shall be signed by the persons named in the certificates or authorized in accordance with the Civil Code.
2. Contracts and transaction documents on LURs and ownership of property on land of groups of land users or groups of owners of property on land shall be signed by all group members or enclosed with authorization documents in accordance with the Civil Code, except the case of apartment owners sharing the use of a land parcel in an apartment building.
SECTION 2. PROCEDURES FOR LAND EXPROPRIATION, REQUISITION, ALLOCATION, LEASE AND REPURPOSING
1. Procedures for land expropriation due to lawful termination of land use or voluntary return of land are prescribed as follows:
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b) For expropriation of land from dissolved or bankrupt organizations which has been allocated by the State without collection of land levies or with collection of land levies which are paid from state budget-derived funding sources, or has been leased by the State on an annual rent payment basis, authorities issuing dissolution or bankruptcy decisions shall send these decisions to provincial Departments of Natural Resources and Environment of localities where land is expropriated;
c) For expropriation of land from individual land users who die without heirs, communal People’s Committees of their places of residence shall send death certificates or decisions declaring the death of such a person in accordance with law and their written certifications of persons who die without heirs to district-level Departments of Natural Resources and Environment of localities where land is expropriated;
d) For cases of definite land-use term, natural resources and environment authorities shall annually review and issue notices of those ineligible for extension of land-use term;
dd) Natural resources and environment authorities shall conduct field inspection and verification when necessary; propose People’s Committees of the same level to decide the land expropriation; organize land expropriation in the field and handover to land fund development organizations or communal People’s Committees for management; direct the updating and modification of the land database and cadastral records and revoke certificates or notify the cancellation of certificates in case of failure to revoke certificates.
2. Procedures for expropriation of land in polluted areas at risk of threatening human life; land at risk of landslide or land subsidence or being affected by other natural disasters threatening human life are prescribed as follows:
a) District- or provincial People’s Committees shall assign competent authorities to examine and determine the level of environmental pollution, landslide, land subsidence or impacts of other natural disasters threatening human life;
b) After competent authorities issuing documents determining the level of environmental pollution, landslide, land subsidence or impacts of other natural disasters threatening human life, due to which land shall be expropriated, natural resources and environment authorities shall perform the jobs prescribed in Point dd Clause 1 of this Article;
c) Competent authorities shall arrange temporary residences and provide relocation for persons subject to coerced relocation, for land expropriation cases prescribed in Points dd and e Clause 1 Article 65 of the Land Law.
3. Coercion of land expropriation due to lawful termination of land use or the risk of threatening human life:
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b) After land expropriation decisions are issued, natural resources and environment authorities shall coordinate with communal People’s Committees and communal Vietnam Fatherland Front Committees in mobilizing and persuading persons subject to land expropriation to hand over land;
c) 91 If the person in possession of a land parcel under expropriation, despite efforts of persuasion, does not abide by the decision on land expropriation, the relevant district-level Department of Natural resources and Environment shall report to the chairperson of the district-level People’s Committee, who shall decide on coercive execution of the decision on land expropriation;
d) Assigned coercion organizations shall make coercion plans and submit them to People’s Committees that have issued coercion decisions for approval;
dd) Assigned coercion organizations shall mobilize and persuade coerced persons to voluntarily hand over land;
e) 92 The chairperson of the People’s Committee that has issued the coercion decision shall be responsible for arranging personnel to execute forcibly the coercion decision against the individual or organization that refuses to adhere to the coercion decision despite the efforts of persuasion pursuant to Point dd of this Clause.
4. Natural resources and environment authorities shall direct the updating and modification of the land database and cadastral records; revocation of certificates or notification of the invalidity of certificates for land users failing to return certificates.
5. Settlement of complaints about land expropriation decisions lodged by persons whose land is subject to compulsory land expropriation must comply with the law on settlement of complaints.
Article 65a. Procedures for land expropriation due to termination of investment projects as prescribed in Investment Law 93
1. Investment registration authorities or investors shall send written requests for termination of investment projects with land use as prescribed by the Investment Law to natural resources and environment authorities of localities where the land is located, except the cases specified in Point d Clause 2 Article 48 of the Investment Law.
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3. The land expropriation and implementation of land expropriation decisions shall adhere to the provisions of Article 15b and Clauses 2, 3 and 4 Article 66 of this Decree.
Article 66. Procedures for land expropriation due to violation of law
1. For land expropriation due to violation of law, when the statute of limitations for sanctioning administrative violations expires under the Law on handling of administrative violations, competent sanctioning persons shall make records of administrative violations as a basis for land expropriation.
When land-related violations of law are not subject to sanctioning of administrative violations under the law on handling of administrative violations in the field of land, records of the violations must be made in the witness of representatives of communal People’s Committees as a basis for deciding on land expropriation according to the following provisions:
a) 94 The natural resources and environment authorities or competent authorities shall conduct inspections to identify the violations defined in Points c, d, g, h and i Clause 1 Article 64 of the Land Law;
b) Within 07 working days after making a record, the person assigned to conduct examination or inspection shall send this record to the competent land expropriation authority for direction for land expropriation.
2. Natural resources and environment authorities shall conduct field inspection and verification when necessary and propose People’s Committees of the same level to decide on land expropriation.
3. Competent People’s Committees shall:
a) Notify the land expropriation to land users and publish it on the websites of provincial and district-level People’s Committees;
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c) Organize the coercive enforcement of land expropriation decisions under Clause 3 Article 65 of this Decree;
d) Arrange funds for the coercion of land expropriation.
4. Natural resources and environment authorities shall direct the updating and modification of the land database and cadastral records; revocation of certificates or notification of the invalidity of certificates for land users failing to return certificates.
Article 67. Detailed provisions on land requisition procedures
1. A decision on or written certification of land requisition must have the following major contents:
a) Full name, position and working place of the person deciding on land requisition;
b) Name and address of the person whose land is to be requisitioned or the person currently managing and using land to be requisitioned;
c) Name and address of the organization or person to be allocated the requisitioned land;
d) Purpose and term of land requisition;
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e) Time for handover of requisitioned land.
2. The return of requisitioned land to land users after the land requisition term must comply with the following provisions:
a) The person competent to decide on land requisition shall issue a decision on return of requisitioned land and send it to the person having the requisitioned land;
b) If the person having the requisitioned land voluntarily donates land to the State, procedures for donation of LURs shall be carried out in accordance with law.
3. Responsibilities for determination of level of compensation for damage caused by land requisition are prescribed as follows:
a) The chairperson of the People’s Committee of the district where the requisitioned land is located shall determine the level of compensation for damage caused by land requisition, except the case prescribed in Point b of this Clause;
b) The chairperson of the People’s Committee of the province or central-affiliated city where the requisitioned land is located shall determine the level of compensation for damage caused by land requisition in case the requisitioned land is within the administrative boundaries of different district-level administrative units.
4. A council for determination of level of compensation for damage caused by land requisition shall be composed of:
a) The chairperson or a vice chairperson of the People’s Committee as its head;
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c) Representative of the authority of the person competent to issue the land requisition decision;
d) Representatives of the district-level People’s Court and People’s Procuracy of the locality where the land is located;
dd) Members who are representatives of the communal Vietnam Fatherland Front;
e) Representative of the person whose land is requisitioned.
1. Procedures for appraisal of land use demand and appraisal of conditions for land allocation, land lease and permission for land repurposing:
a) The requester for land allocation, land lease or land repurposing shall submit a dossier for appraisal to the natural resources and environment authority.
Investment projects in which investment has been decided by the National Assembly or approved in principle by the Prime Minister are not required to go through appraisal procedures prescribed in this Clause;
b) 95 Within 15 days of receipt of a legitimate dossier, the relevant natural resources and environment authority shall send a written appraisal report to the investor as the basis for their preparation of application for land allocation, land lease or land repurposing.
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c) MONRE shall specify the appraisal of land use demand and conditions for land allocation, land lease or land repurposing.
2. Procedures for permission for repurposing of land for rice cultivation, land for protective forests or reserve forests to land used for implementation of investment projects:
a) Natural resources and environment authorities shall summarize local demands for repurposing of land for rice cultivation, land for protective forests or reserve forests to land used for implementation of investment projects and submit them to People’s Committees of the same level for reporting to superior People’s Committees or MONRE;
b) Within 10 working days after receiving a complete and valid dossier, the provincial People’s Committee shall assume the prime responsibility for appraising the dossier and submit it to the provincial People’s Council for approval before a competent People’s Committee issues a land repurposing decision. The MONRE shall assume the prime responsibility for, and cooperate with the Ministry of Agriculture and Rural Development of Vietnam in, conducting the appraisal and shall propose the Prime Minister of Vietnam to approve the land repurposing before a competent People’s Committee issues a decision on such change;
c) After the Prime Minister of Vietnam issues a written approval of land repurposing, the provincial People’s Council shall adopt a resolution on land repurposing and a competent People’s Committee shall organize the land expropriation, allocation, lease or repurposing.
3. Procedures for land allocation and land lease not through auction of LURs:
a) The natural resources and environment authority shall guide the investor in compiling a dossier of request for land allocation or land lease and fulfilling financial obligations as prescribed by law; and propose a competent People’s Committee to decide on the land allocation or land lease; and sign a land lease contract, in case of land lease;
b) The person that is allocated or leased land shall pay land levies in case of land allocation with land levies, or pay land rents in case of land lease;
c) The natural resources and environment authority shall propose a competent authority to grant a certificate of LURs and ownership of house and other property on land; organize land allocation in the field; hand over the certificate to the person that is allocated or leased land; and direct the updating and modification of the land database and cadastral records;
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a) During the implementation of the plan on land expropriation, investigation, survey, measurement and inventory, the investor may conduct survey and measurement for elaboration of an investment project in accordance with the investment law and construction law. The competent authority shall carry out procedures for appraisal of the investor’s land use demand and conditions for land allocation or land lease;
b) During implementation of the approved compensation, support and relocation plan, the investor may submit a dossier of request for land allocation or land lease without having to wait until the land clearance is completed.
5. For land allocation and lease through auction of LURs, procedures for allocation and lease of land with cleared ground are prescribed as follows:
a) Based on the district-level annual land use plan approved by a competent authority, the natural resources and environment authority shall direct the elaboration of a LURs auction plan for submission to the People’s Committee of the same level for approval;
b) The organization selected under the approved LURs auction plan shall organize the auction of LURs;
c) The competent People’s Committee shall issue a decision recognizing the auction winning result;
d) 96 Within 05 working days after the auction winner fulfills financial obligations, the natural resources and environment authority shall propose a competent authority to grant a certificate and sign a land lease contract, in case of land lease; organize the handover of land in the field and deliver the certificate; and direct the updating and modification of the land database and cadastral records.
When an auction winner fails to pay or to fully pay the required amount of the winning bid within 120 days from the date of issuance of the decision recognizing the auction winning result, the competent People’s Committee may cancel the issued decision recognizing the auction winning result.
6. The MONRE shall assume the prime responsibility for, and cooperate with the Ministry of Justice of Vietnam in, organizing auctions of LURs upon land allocation or lease by the State.
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1. There are investment projects of which investment guidelines have been approved or to which investment registration certificates have been issued in accordance with regulations of the Investment Law.
2. Investment projects must be conformable with district-level land use plannings and included in district-level annual land use plans which have been approved in accordance with regulations of law.
3. There are replacement afforestation plans or documents certifying fulfillment of obligation to pay replacement afforestation costs in accordance with regulations of the Forestry Law, in case of repurposing of land for protective forests or reserve forests to other purposes; plans for use of topsoils documents certifying payments for protection and development of land for rice cultivation in accordance with regulations of the law on crop production, in case of repurposing of land for rice cultivation to other purposes.
4. There are preliminary environmental impact assessment reports/ environmental impact assessment reports as prescribed by the Law on environmental protection (if any).
5. Authorities or persons competent to conduct appraisal and approval of policies for repurposing of land for protective forests, land for reserve forests and land for rice cultivation to other purposes shall assume responsibility for the contents specified in Clauses 2 and 3 of this Article but assume no responsibility for other contents which have been previously appraised, approved, decided or considered by other competent authorities or persons.
Article 68b. Procedures for land allocation and land lease in cases specified in Clause 3 Article 29 of Land Law 98
If investors are approved as prescribed in Clause 3 Article 29 of the 2020 Investment Law, procedures for land allocation, land lease and land repurposing specified in Clause 3 Article 68 of this Decree shall apply. Competent authorities shall follow procedures for approval of investors that meet relevant conditions laid down in relevant laws.
Authorities or persons competent to handle procedures for land allocation, land lease and land repurposing shall assume no responsibility for contents on approval of investment guidelines and investor selection in accordance with regulations of the Investment Law, the Housing Law and other relevant laws.
Article 69. Procedures for permission for land repurposing
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2. The natural resources and environment authority shall appraise the dossier; conduct field verification and appraise the demand for changes in land use purpose; guide the land user in fulfilling financial obligations in accordance with law; propose the competent People’s Committee to permit the changes in land use purpose; and direct the updating and modification of the land database and cadastral records.
An investor that acquires LURs from a current land user for implementation of an investment project shall carry out procedures for transfer of LURs concurrently with procedures for permission for changes in land use purpose.
3. Land users shall fulfill financial obligations under regulations.
1. A land user shall submit a set of dossier under regulations for carrying out registration procedures.
2. When a household, an individual, a community or an overseas Vietnamese entitled to own houses in Vietnam requests registration of land and property on land or issuance of a certificate of LURs and ownership of house and other property on land, the communal People’s Committee shall examine the dossier and perform the following tasks:
a) For land registration, certifying the current land use status as compared with declared registration contents. In case the papers specified in Article 100 of the Land Law and Article 18 of this Decree are not available, certifying the origin and the time of land use, state of land use-related dispute and conformity with planning.
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b) In case of unavailability of cadastral maps, before performing the tasks specified in Point a of this Clause, notifying the land registration office to conduct cadastral measurement of the land parcel or examine the cadastral measurement document of the land parcel submitted by the land user (if any);
c) Publicly posting up for 15 days the results of dossier examination, certification of current land use status and state of dispute, origin and use time of land at its office and in the residential area where the land and property on land are located; considering and settling feedback on the publicly posted contents, and sending the dossier to the land registration office.
3. The land registration office shall perform the following tasks:
a) For households, individuals and communities submitting dossiers to the land registration office, sending the dossiers to the communal People’s Committee for certification and publication of results under Clause 2 of this Article;
b) Extracting cadastral maps or conducting cadastral measurement of land parcels without cadastral maps or with cadastral maps but changed land use boundaries or examining cadastral measurement documents of land parcels submitted by land users (if any);
c) Examining and certifying plans of property on land which have not been certified by legal entities engaged in construction or map survey operations, for domestic organizations, religious establishments, foreign organizations and individuals and overseas Vietnamese implementing investment projects;
d) Examining registration dossiers; conducting field verification when necessary; certifying in the written requests the eligibility or ineligibility for issuance of certificates of LURs and ownership of house and other property on land;
dd) In case owners of property on land do not have the papers, or the current status of property has changed as compared with information in such papers, specified in Articles 31, 32, 33 and 34 of this Decree, sending written requests for opinions of state management authorities about those property. Requested authorities shall issue their written replies to the land registration office within 05 working days;
e) Updating information on land parcels and property on land, registering in the cadastral records and land database (if any);
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4. The natural resources and environment authority shall perform the following tasks:
a) Examining dossiers and proposing a competent authority to issue certificates of LURs and ownership of house and other property on land;
In case of land lease, proposing a competent People’s Committee to sign land lease decisions; signing land lease contracts and proposing a competent authority to issue certificates of LURs and ownership of house and other property on land after land users have fulfilled financial obligations in accordance with law.
b) Sending processed dossiers to the land registration office.
5. A land user that has registered land in accordance with law and now wishes to obtain a certificate of LURs and ownership of house and other property on land shall submit an application for such certificate. The land registration office and natural resources and environment authority shall perform the tasks specified in Point g Clause 3, and Clause 4 of this Article.
1. A person that has been using land allocated by the State for management under Article 8 of the Land Law but has not registered such land shall submit 01 set of land registration dossier. The land registration office shall examine the current land use status and update information in the cadastral records and land database.
2. In case competent authorities allocate land for management, based on land allocation decisions, the land registration office shall update information in the cadastral records and land database.
Article 72. Procedures for registration and issuance of certificates of LURs and ownership of house and other property on land to persons who have LURs through transfer or buy houses and construction facilities under housing development projects and under real estate business projects other than housing development projects 100
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a) Certificate or decision on land allocation or land lease issued by a competent authority; documents certifying the investor’s fulfillment of financial obligations, and documents proving fulfillment of financial obligations in case there are changes in such financial obligations (except cases where financial obligations are exempted or may be delayed as prescribed by law);
b) Plans of built houses and land which are as-built drawings of the ground or design drawings of the ground with sizes of edges of each sold apartment in conformity with the current construction status and signed contract; construction permit (if any); construction authority’s written permission for investor’s work acceptance or approval of results of acceptance testing of finished work for putting to use in accordance with regulations of the Construction Law; list of apartments and construction facilities for sale (with information on apartment number, land area, construction area and shared use area and area of each apartment); for an apartment building, the plan must show the scope (size and area) of the land for shared use of apartment owners, construction ground of the apartment building and grounds of each floor and each apartment;
c) Reports on project implementation results.
2. Within 30 days after receiving a dossier, the provincial Department of Natural Resources and Environment shall examine the current land use status and built houses and construction facilities and conditions for transfer of LURs and sale of houses of the project investor.
After completing the examination, the provincial Department of Natural Resources and Environment shall send to the project investor a notice of examination results; send the notice together with the plan of examined houses and land to the land registration office for implementing procedures for registration of houses and land for buyers, for cases eligible as prescribed by law; publicly post examination results on the websites of the People's Committee and the Department of Natural Resources and Environment of province or central-affiliated city where the land is located.
3. The housing project investor shall submit 01 set of dossier for registration and issuance of a certificate of LURs and ownership of house and other property on land on behalf of the transferees of LURs and buyers of houses and construction facilities or provide dossiers for buyers to follow registration procedures themselves. A dossier must comprise:
a) Written request for registration of land and property on land and issuance of certificate of LURs and ownership of house and other property on land;
b) Contract on transfer of LURs, house and construction facility purchase and sale as prescribed by law;
c) Record of handover of houses, land and construction facilities.
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a) Examining legal documents in the dossier; certifying the eligibility or ineligibility for issuance of a certificate of LURs and ownership of house and other property on land in the written request for registration;
b) Sending cadastral information to the tax authority for determination of financial obligations (if any);
c) Updating information in the cadastral records and land database (if any);
d) Preparing a dossier for submission to a competent authority for issuance of certificate of LURs and ownership of house and other property on land under Article 37 of this Decree;
dd) Requesting the project investor to submit the issued certificate of LURs and ownership of house and other property on land for modification of the cadastral records and land database;
e) Handing over the certificate of LURs and ownership of house and other property on land to the applicant.
Article 72a. Procedures for re-verification of size of households’ or individuals’ residential land to which certificates have been issued 101
The size of a residential land parcel, pursuant to Point b Clause 5 Article 24 of this Decree, shall be re-verified in the following manner:
1. The land user submits 01 application for re-verification of the size of residential land to the authority defined in Article 60 of this Decree.
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1. When arise, change or terminate the limited use rights on the adjacent land parcel, one of the parties shall submit a written request, the certificate (if any), the contract or the judgment or decision of the people’s court to the land registration office.
2. The land registration office shall check and update in the cadastral records and land database and write on the certificate if requested.
1. Organizations, overseas Vietnamese, foreign-invested enterprises, households or individuals that use land outside hi-tech zones or economic zones and do not fall into the cases prescribed in Clauses 2 and 3 of this Article, if wishing to extend their land-use term, shall comply with the following provisions:
a) At least 06 months before the expiration of the land-use term, a land user that wishes to extend the land-use term shall submit 01 set of dossier of request for extension of land-use term.
In case the operation term of an investment project is changed due to the adjustment of such project, the dossier of request for extension of land-use term shall be submitted after obtaining a competent authority’s document on the adjustment of the investment project;
b) The natural resources and environment authority shall appraise the land use demand; if the conditions for extension are fully met, it shall assign the land registration office to send cadastral information to the tax authority for determining financial obligations; submit the dossier to the People’s Committee of the same level for decision on the extension of LURs; sign a land lease contract, in case of land lease; and transfer the dossier to the land registration office for registration.
In case the land-use term extension requires registration of the adjustment of the investment project, the appraisal of the land use demand and the registration of the adjustment of the investment project shall be conducted concurrently.
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c) If the land-use term extension is permitted, the land user shall submit the issued certificate and documents on fulfillment of financial obligations to the natural resources and environment authority;
d) The land registration office shall certify the extension of the land-use term in the issued certificate; adjust and update the change in the cadastral records and land database; hand over the certificate to the requester or send it to the communal People’s Committee for handover, in case of submission of dossiers at commune level;
dd) If the conditions for extension of land-use term are not fully met, the natural resources and environment authority shall notify it to the land user concerned and carry out land expropriation procedures according to regulations.
2. Households and individuals directly engaged in agricultural production that are using agricultural land allocated, or with LURs recognized, by the State, or acquired through transfer, may continue using such land according to the term prescribed in Clause 1 Article 126 and Clause 3 Article 210 of the Land Law upon the expiration of the land-use term without having to register the adjustment of the land-use term.
3. A household or an individual specified in Clause 2 of this Article that wishes to have the land-use term re-certified in the certificate shall comply with the following order and procedures:
a) The land user shall submit a dossier of request for re-certification of land-use term;
b) The communal People’s Committee of the place where the land is located shall check the dossier and give certification that the household or individual is directly using land for agricultural production and there is no land expropriation decision of a competent authority, and send the dossier to the land registration office;
c) The land registration office shall check the dossier; certify the duration for continued land use according to the term prescribed in Clause 1 Article 126 and Clause 3 Article 210 of the Land Law in the issued certificate; adjust and update the change in the cadastral records and land database, and hand over the certificate to the land user or send it to the communal People’s Committee for handover, in case of submission of dossiers at commune level.
Article 74a. Procedures for extension of religious establishments’ use of agricultural land 102
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1. The religious establishment submits 01 application for land use extension no less than 06 months prior to the expiration of its LURs.
2. The provincial Department of Natural resources and Environment is responsible for assessing the demand for land use and for, if conditions are met, reporting to the provincial People's Committee that shall decide on the extension of LURs. The documents shall be then transferred to the land registration office for registration.
3. The religious establishment returns the issued certificate, in case of land use extension, to the provincial Department of Natural Resources and Environment.
4. The land registration office is responsible for certifying the extension of land use onto the issued certificate; updating the cadastral record and land database and granting the certificate to the religious establishment.
5. The provincial Department of Natural Resources and Environment informs the land user that does not qualify for land use extension and follow the procedure of land expropriation as per regulations.
Article 75. Procedures for land parcel subdivision or consolidation
1. A land user shall submit a set of dossier of request for land parcel subdivision or consolidation.
2. The land registration office shall perform the following tasks:
a) Conduct cadastral surveys for land parcel subdivision;
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c) Adjust and update the change in the cadastral records and land database; hand over the certificates of LURs and ownership of house and other property on land to the land users concerned or send them to the communal People’s Committees for handover, in case of submission of dossiers at commune level.
3. In case a land parcel is subdivided due to the transfer of the use rights on part of the land parcel or due to the settlement of a dispute, complaint, denunciation or land auction, or due to the division of the land-using household or group of land users; due to the handling of a mortgage or capital contribution contract, distraint and auction of LURs for enforcement of a judgment (hereinafter referred to as “transfer of rights”), the land registration office shall:
a) 103 Conduct cadastral surveying for subdivision of land parcels and making an extract of the newly subdivided land parcels according to the results of cadastral surveying data which is transferred to land users in order for them to sign contracts, transactional documents relating to the rights to use a part of the newly subdivided parcel;
b) Carry out the change registration procedures as prescribed by this Decree for the part of land area on which rights are transferred; at the same time certify the change in the granted certificate or submit the case to an authority competent to issue the certificate of LURs and ownership of house and other property on land for the remaining area of the land parcel on which rights are not transferred; adjust and update the change in the cadastral records and land database; hand over the certificate to the land user concerned or send it to the communal People’s Committee for handover, in case of submission of dossiers at commune level.
4. In case a land parcel is subdivided due to the expropriation by the State of part of the land parcel, the natural resources and environment authority shall direct the land registration office to perform the following tasks pursuant to the expropriation decision of a competent authority:
a) Surveying and adjusting the cadastral map, cadastral records and land database;
b) Certifying the change in the issued certificate and handing it over to the land user concerned or sending it to the communal People’s Committee for handover, in case of submission of dossiers at commune level.
Article 75a. Conditions for land subdivision and consolidation, and minimum areas of subdivided land parcels 104
Based on local land use plannings/plans and detailed construction plannings as well as specific conditions, provincial People’s Committees shall set out detailed conditions for land subdivision and consolidation by land types, and minimum areas of subdivided land parcels by land types.
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1. Replacement of issued certificates, certificates of house ownership and certificates of ownership of construction works shall be considered in the following cases:
a) Land users wish to replace their certificates of house ownership, certificates of ownership of construction works, or certificates issued before December 10, 2009, into certificates of LURs and ownership of house and other property on land;
b) Issued certificates, certificates of house ownership and certificates of ownership of construction works are smeared, blurry, ragged or damaged;
c) 105 The area and size of the land parcel are re-verified;
d) A request for writing of full names of both husband and wife in the certificates is submitted, in case LURs are or ownership of property on land is common property of husband and wife but the certificates only indicate the full name of either of them.
2. A land user shall submit 01 set of dossier of the request for certificate replacement.
3. The land registration office shall perform the following tasks:
a) Check the dossier and certify the reason for certificate replacement in the written request;
b) Make a dossier and submit it to a competent authority for issuing a certificate of LURs and ownership of house and other property on land;
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4. In case the certificate is replaced after 106 survey and making of cadastral maps but the issued certificate is currently mortgaged at a credit institution, the land user shall submit a copy of the contract on mortgage of LURs and property on land in replacement of the issued certificate in carrying out the replacement procedures.
The land registration office shall notify the list of cases of request for replacement of the certificate to the credit institution at which LURs and property on land are mortgaged; and certify the mortgage registration in the certificate of LURs and ownership of house and other property on land after it is signed and granted by a competent authority.
5. The handover of certificates of LURs and ownership of house and other property on land in the cases of replacement specified in Clause 4 of this Article shall be carried out by triple parties including the land registration office, land user and credit institution under the following provisions:
a) The land user shall sign and receive the new certificate from the land registration office and hand it over to the credit institution being the mortgagee;
b) The credit institution shall hand over the mortgaged old certificate to the land registration office for management.
1. Households, individuals or communities shall declare to the communal People’s Committee of the locality where the land is located the loss of their certificates, certificates of house ownership or certificates of ownership of construction works. The communal People’s Committee shall post up the loss at its office, except the loss due to a natural disaster or fire.
Domestic organizations, religious establishments, foreign organizations, foreigners or overseas Vietnamese shall announce the loss of their certificates, certificates of house ownership or certificates of ownership of construction works in the local mass media.
2. After 30 days from the date of posting up the loss of the certificate at the office of the communal People’s Committee, for households, individuals or communities, or from the date of the first announcement in the local mass media, for domestic organizations, religious establishments, foreign organizations, foreigners or overseas Vietnamese, the person whose certificate is lost shall submit a dossier of request for re-issuance of the certificate.
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1. Households or individuals using agricultural land themselves shall reach agreement on the documents on exchanging agricultural LURs.
2. Communal People’s Committees shall make plans on exchanging agricultural LURs for the whole communes, wards or townships (including the exchange schedule), and send them to district-level Departments of Natural Resources and Environment.
3. District-level Departments of Natural Resources and Environment shall verify the plans and submit them to district-level People’s Committees for approval, which shall then direct communal People’s Committees to organize the swap of agricultural land among households and individuals according to the approved plans.
4. Provincial Departments of Natural Resources and Environment shall direct the survey, making and adjustment of cadastral maps.
5. 107 Households and individuals using land shall submit dossiers for issuance of certificates.
6. 108 The land registration office shall perform the following tasks:
a) Check the dossiers and certify the change in the written requests for issuance of certificate;
b) Make dossiers and submit them to district-level Departments of Natural Resources and Environment for requesting district-level People’s Committees for issuance of certificates to persons who have finished consolidation and swap of land parcels under approved plans;
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In case the LURs and property on land are currently mortgaged at a credit institution, the land user shall submit a copy of the contract on mortgage of LURs and property on land in replacement of the issued certificate in carrying out the procedures for issuance of a new certificate. The land registration office shall notify the list of cases of request for issuance of the certificate to the credit institution at which LURs and property on land are mortgaged; and certify the mortgage registration in the certificate after it is signed and granted by a competent authority. The granting of the certificates is carried out simultaneously between three parties, including the land registration office, the land user and the credit institution. The land user shall sign and receive the new certificate of LURs and ownership of house and other property on land from the land registration office and then to hand it over to the credit institution that is acting as the mortgagee. The credit institution shall have to hand over the old certificate which is being mortgaged to the land registration office for their management purposes.
1. A land user shall submit 01 set of dossier for exercise of rights of land users and owners of property on land.
For exercising the rights of land users on part of a land parcel, before submitting dossiers for exercise of rights of land users, land users shall request the land registration office to measure and divide the land area on which land users need to exercise their rights.
2. The land registration office shall check dossiers. If seeing that all conditions for exercise of rights are fully met under regulations, it shall:
a) Send cadastral information to the tax authority for determination and notification of financial obligations, in case financial obligations must be fulfilled under regulations;
b) Certify the change in the issued certificates under regulations of the MONRE.
In case a certificate of LURs and ownership of house and other property on land must be issued, it shall make a dossier and submit it to a competent authority for issuing such certificate to the land user concerned;
c) Adjust and update changes in the cadastral records and land database; hand over the certificates to land users or to communal People’s Committees for handover, in case of submission of dossiers at commune level.
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After the construction of public facilities on the donated land is completed, the land registration office shall base itself on the donation document already certified by the communal People’s Committee and on the current land use status to survey and update the change in the cadastral records and land database, and notify the land user to submit the issued certificate for change certification. In case the land user donates the whole land area under the issued certificate, the land registration office shall revoke the certificate for management.
4. In case the applicant for a certificate dies before being handed over the certificate, the person who inherits LURs in accordance with the Inheritance Law shall additionally submit a paper on inheritance as prescribed.
The land registration office shall certify the inheritance in the issued certificate or make a dossier and submit it to a competent authority for granting the certificate of LURs and ownership of house and other property on land to the heir under regulations of the MONRE. The heir shall perform financial obligations for LURs and property on land in case the deceased has such financial obligations as prescribed by law.
5. In case the users of land leased from the State with annual rent payment sell or contribute as capital leased property on land, they shall comply with the following order and procedures:
a) Selling or contributing as capital leased property on land in accordance with the Civil Code;
b) After receiving the dossier of the sale or contribution as capital of leased property on land, the land registration office shall make a dossier for the purchaser or recipient of contributed capital being property on land to lease the land;
c) The natural resources and environment authority shall verify the dossier and submit it to the People’s Committee of a competent level to decide on the expropriation of the land from the seller or contributor of property on land as capital to the purchaser or recipient for lease; sign a land lease contract with the purchaser or recipient; and notify the tax authority of the invalidity of the land lease contract signed with the property seller or contributor;
d) The land registration office shall send the land lease contract to the purchaser or recipient of property contributed as capital; adjust and update the change in the cadastral records and land database; and hand over the certificate;
dd) In case of purchase and sale or contribution as capital of property on part of a leased land parcel, the land users shall carry out the procedures for subdivision of the land parcel before carrying out land lease procedures prescribed in this Clause.
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The registration of land parcels over which the right of use is acquired through transfer, lease or capital contribution for the operation of a business project or facility pursuant to Article 73 of the Land Law shall proceed in the following manner:
1. If the land parcels reserved for the business project or facility are used for a purpose different from that defined upon the investor's acquisition of such land parcels through transfer, renting or capital contribution in the form of LURs, the following process shall apply:
a) If the investor rents LURs from land users, such land users shall undergo the procedure of land use conversion before renting out their LURs to the investor;
b) If the investor receives capital contributions in the form of LURs, the land users shall undergo the procedure of land use conversion before contributing their LURs to the investor. Otherwise, the investor can have land use purposes converted after the contribution of capital in the form of LURs completes;
c) If the LURs are transferred from the land users to the investor, the transfer procedure shall precede the land use conversion.
2. If the land parcels reserved for the business project or facility are used for a purpose identical to that defined upon the acquisition of such land parcels through transfer, renting or capital contribution in the form of LURs, the investor or land users shall proceed pursuant to Article 79 of this Decree.
3. If the rights of use of agricultural land are transferred, rented or contributed to the capital of a non-agricultural business project, the procedure of transfer, lease or capital contribution shall proceed after competent authorities' approval in writing pursuant to Clause 1, Article 193 of the Land Law.
1. One or all of the parties to the contract on lease, sublease or contribution as capital of LURs and ownership of property on land shall submit a dossier set for deregistration of lease, sub-lease or contribution as capital of LURs and ownership property on land.
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a) 110 Certify the deregistration of the lease, sub-lease or contribution as capital in the certificate under regulations and hand over it to the lessor, sub-lessor or contributor. In case of leasing or subleasing land in an industrial park or of contributing as capital LURs in which the certificates have been issued to the lessees, sub-lessees or recipients, it shall revoke the issued certificates; the recipients shall be re-issued the certificates of LURs and ownership of house and other property on land.
If the land-use term expires at the same time with the deregistration of the lease, sublease or contribution as capital of LURs and ownership of property on land and the land user does not wish to continue using the land or a competent authority refuses to extend the land-use term, the issued certificate shall be revoked;
b) Deregister the lease, sub-lease or contribution as capital of LURs and ownership of property on land in the cadastral records and land database.
3. The contribution of LURs as capital shall be terminated in the following cases:
a) The duration of contribution of LURs as capital expires;
b) Such termination is requested by one or all of the parties as agreed upon in the capital contribution contract;
c) Land is expropriated in accordance with the Land Law;
d) The party contributing LURs as capital to the business cooperation contract or joint venture enterprise is declared bankrupt or dissolved;
dd) The individual participating in the capital contribution contract dies; is declared dead; loses the civil act capacity or has it restricted; is banned from operation in the field of business cooperation while such contract must be performed by such individual;
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4. Upon termination of the capital contribution, LURs shall be handled as follows:
a) 111 If the capital contribution duration expires or the parties reach agreement on the termination of the capital contribution, the party contributing LURs as capital is entitled to further use the land for the remaining duration.
In the event that the investor applies for registration or land use conversion after the land user contributes the LURs as capital, the rights and obligations between the contributor and the recipient upon the expiration of capital contribution shall adhere to their agreement as per the laws. If the contributor does not desire to continue using the land upon the expiration of land-use term, the State shall expropriate the land.
b) If the capital contribution terminates under a decision of a competent authority due to a violation of the land law, the State shall expropriate such land;
c) If the recipient or the contributor of LURs as capital is an organization which falls bankrupt, the contributed LURs shall be handled under the bankruptcy declaration decision of a competent people's court.
The person who receives LURs and property on land under the court’s decision may continue using the land for the determined purpose for the remaining land-use term and shall be issued with the certificate of LURs and ownership of house and other property on land.
If there is no person eligible to receive LURs and property on land, the State shall expropriate such land and property;
d) If the individual entering into the capital contribution contract dies, his/her LURs already contributed as capital may be bequeathed in accordance with the Civil Code;
dd) In case the individual entering into the capital contribution is declared dead or has his/her civil act capacity restricted, his/her contributed LURs shall be handled in accordance with the Civil Code;
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1. The Ministry of Justice of Vietnam shall assume the prime responsibility for, and cooperate with the MONRE in, guiding the registration of the mortgage of LURs and property on land.
2. The handling of LURs already guaranteed under the 2003 Land Law or already mortgaged for debt recovery is prescribed as follows:
a) The mortgaged or guaranteed LURs shall be handled as agreed in the mortgage or guaranty contracts. If they cannot be handled as agreed, the mortgagee or creditor may transfer the mortgaged or guaranteed LURs to another person for debt recovery, or request a competent authority to auction such LURs without having to obtain the consent of the mortgagor or guarantor, or file a lawsuit to a people’s court in accordance with law;
b) The person receiving LURs under Point a of this Clause shall be issued with a certificate of LURs and ownership of house and other property on land; may use the land for the determined purpose and has the rights and obligations as prescribed in the Land Law for the remaining land-use term; for residential land, the land user may use it in a stable and permanent manner.
c) 112 When an organization permitted to trade in debts as per the laws buys a debt secured by LURs under mortgage or guaranty pursuant to the 2003 Land Law from the mortgagee or creditor, such organization shall inherit the rights and obligations of the mortgagee or creditor as defined in the contract of mortgage or guaranty. The debt trading organization has the right to liquidate the LURs under mortgage or guaranty according to the signed contract of mortgage or guaranty.
In case of failure to liquidate the property according to the agreement, the debt trading organization shall, if state-owned, have the LURs auctioned as per the laws or, if privately owned, transfer the LURs under mortgage or guaranty to other entities or have such right(s) auctioned through an auction house without the permission of the mortgagor or guarantor. Otherwise, it may file a lawsuit for court proceedings as per the laws.
3. 113 The LURs shall be handled in the following manner upon the liquidation of the property on land parcel rented out on annual rental basis for debt recovery:
a) In the event that the user of the land parcel rented out on annual rent payment basis has mortgaged or has given the property on land as guarantee pursuant to the 2003 Land Law but has failed its obligations to the mortgagee or creditor, the State shall expropriate the land from the mortgagor or guarantor and then lease it to the buyer or recipient of the property, unless otherwise negotiated. The buyer or recipient of the property used as guarantee shall negotiate, with the mortgagor or guarantor, the settlement of the remaining cost of investment in the land up to the time of land expropriation. If negotiation fails, the entities involved have the right to petition a court as per the laws;
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c) The buyer of the property has to adhere to the requirements laid down in Clause 2 Article 189 of the Land Law.
1. 114 A user of a land parcel that fails to possess a certificate, if using such land parcel under a following circumstance but not in an event defined in Clause 2 of this Article, shall apply for land registration and for initial issuance of certificate of LURs and ownership of house and property on land as per the Land Law and this Decree without undergoing the procedure for transfer of LURs. In addition, the authority taking in the application cannot request the transferee of LURs to submit the contract and documents on LURs transfer as per the laws:
a) The land parcel was acquired through transfer or donation of LURs before January 01, 2008;
b) The land parcel was acquired through transfer or donation of LURs from January 01, 2008 to a date before July 01, 2014 and the documents on LURs pursuant to Article 100 of the Land Law and Article 18 of this Decree is are available;
c) The land parcel was acquired through inheritance of LURs before July 01, 2014.
2. In case a person is currently using land acquired from transfer or inheritance or donation of LURs before July 01, 2014 but has only a certificate of the LURs transferor or a contract or paper on LURs transfer as prescribed, the following provisions shall be complied with:
a) Such transferee of LURs shall submit an application for issuance of certificate of LURs and ownership of house and other property on land and available LURs papers;
b) The land registration office shall notify the LURs transferor in writing and post up at the office of the communal People’s Committee of the place where the land is located of the carrying out of the procedures to issue a certificate of LURs and ownership of house and other property on land to the LURs transferee. If the LURs transferor’s address is unknown, an announcement must be published in the local mass media for three consecutive issues (announcement expenses shall be paid by the applicant for the certificate);
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If receiving a written claim for dispute settlement, the land registration office shall instruct the parties to file such claim with a state authority competent to settle disputes according to regulations.
1. In case a household or an individual sets up a private enterprise and uses land for such enterprise’s production and business activities without changing the land use purpose, the private enterprise may continue using the land and shall carry out the procedures for registration of the changes in the name of land user under Point b Clause 4 Article 95 of the Land Law and Article 85 of this Decree. In case of using land leased by the State, the private enterprise shall re-sign the land lease contract with the provincial Department of Natural Resources and Environment prior to receipt of a certificate.
In case a household or an individual sets up a private enterprise and uses land for such enterprise’s production and business activities for a new purpose for which permission must be obtained, the private enterprise shall carry out the procedures for land use purpose change. It shall submit a dossier of request for permission for land repurposing together with a dossier of registration of the changes in the name of land user; competent authorities shall consider and decide to give permission for land repurposing and consider and certify the changes in the name of land user at the same time.
When the private enterprise terminates operation and its LURs are not dealt with in accordance with law, registration of the changes in the name of land user may be made for the household or individual concerned under Point b Clause 4 Article 95 of the Land Law and Article 85 of this Decree.
2. In case of transfer of investment projects using land in accordance with law, the following provisions shall be complied with:
a) In case of transfer of an investment project in which the transferor is allocated land by the State with land levies, is leased land with full lump-sum land rent payment for the entire lease term or acquires LURs in accordance with law and the paid land levies, land rent or amount for the transfer of LURs does not originate from the state budget, the related parties shall carry out the procedures for transfer of LURs under Article 79 of this Decree. The project transfer contract must clearly indicate the value of LURs in the total value of the transferred project and is valid for substituting the LURs transfer contract when carrying out the LURs transfer procedures;
b) In case of transfer of a project in which the transferor is allocated land by the State without land levies, is leased land with annual land rent payment or is allocated land with land levies or is leased land with full lump-sum land rent payment for the entire lease term or acquires LURs and the paid land levies, land rent or amount for the transfer of LURs originates from the state budget, the related parties shall submit the project transfer contract and the issued certificate for carrying out the procedures as in the case of sale of property on land.
The provincial Department of Natural Resources and Environment shall submit the dossier to the provincial People’s Committee for issue a decision to expropriate land from the project transferor and to allocate or lease land to the project transferee; grant a certificate of LURs and ownership of house and other property on land to the project transferee in accordance with the land law.
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Article 83a. Procedures for registration of change upon households’ or individuals’ moving of LURs into a company 115
1. When a household or individual renting a land parcel from the State on annual rent basis establishes a company and continues using such land parcel for the purpose defined in the State’s lease, the company can use the land parcel for the remaining land use term and is responsible for applying for registration of land user change pursuant to Point b Clause 4 Article 95 of the Land Law and Article 85 of this Decree.
The land registration office shall be responsible for notifying the changes in land user to the People’s Committee of the district where the land parcel exists to terminate the land lease contract with the household or individual.
The company shall then sign the land lease contract with the provincial Department of Natural Resources and Environment before the procedure for issuance of certificate of LURs and ownership of house and property on land as per regulations.
The base land price from which the land rent is computed for the company after its establishment shall be the base price from which the household’s or individual's land rent was determined if the company is founded during the 05-year cycle of land rent stabilization and the rent is subject to recalculation as per the State’s regulations.
2. If the land parcel that the household or individual is using is not rented out on annual rent basis and the purpose of land use remains unchanged upon the establishment of a company by the household's member(s) or the individual, the company can continue using such land parcel and is responsible for applying for registration of change as per the regulations of the Land Law.
3. If the land parcel that the household or individual is using is allocated or leased by the State but the purpose of land use is changed upon the establishment of the company, such company has to follow the procedure for land use conversion and fulfill financial obligations as per regulations. The company shall submit the applications for land use conversion and for registration of changes to the land; thus, the competent authority shall consider and decide on the conversion of land use and the registration of changes simultaneously as per the regulations of the Land Law.
1. Persons responsible for submitting dossiers are prescribed as follows:
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b) Organizations that have dealt with LURs and property on land shall submit dossiers on behalf of recipients of LURs in the cases of handling contracts on mortgage or contribution as capital of LURs and property on land not under agreement; distraint and auction of LURs and property on land for judgment enforcement in accordance with law.
2. The submission of dossiers for registration of LURs and property on land must comply with Articles 60 and 79 of this Decree.
3. The land registration office shall check the dossier. If the dossier is valid, the land registration office shall:
a) Measure the land parcel, if it has no cadastral map or is not measured yet, or LURs on part of the land parcel which has a certificate are transferred;
b) Send cadastral information to the tax authority for determining financial obligations, in case the financial obligations must be fulfilled under regulations, and for notifying such financial obligations;
c) Give certification in the issued certificate. If a certificate of LURs and ownership of house and other property on land is to be issued according to regulations, make a dossier and submit it to an authority competent to issue such certificate, when so requested;
d) Update the change in the cadastral records and land database; hand over the certificate of LURs and ownership of house and other property on land to the applicant or send it to the communal People’s Committee for handing, in case of submission of dossiers at commune level.
1. A land user shall submit a dossier of change registration.
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a) Measure the land parcel, if there is a change in the land parcel area and property on land or the certificate has been issued but the land parcel has no cadastral map or is not measured yet;
b) In case of registration of changes in construction area, use area, number of stories, structure, grade (class) of house or construction work not in compliance with the construction license or without construction license in case permission is required, send a written request to the construction management and licensing authority for opinion in accordance with the construction law;
c) Send cadastral information to the tax authority for determining financial obligations, in case land levies or land rents must be paid according to regulations;
d) Give certification in the issued certificate. If a certificate is to be re-issued according to regulations of the MONRE, make a dossier and submit it to a competent authority for issuing a certificate of LURs and ownership of house and other property on land; notify the land user to sign or re-sign the land lease contract with the natural resources and environment authority, in case land shall be leased;
dd) Update the change and adjust the cadastral records and land database; hand over the certificate of LURs and ownership of house and other property on land to the applicant or send it to the communal People’s Committee for handing, in case of submission of dossiers at commune level.
3. For land users that wish to change the land use purpose and concurrently register the changes in a content specified in this Article, the procedures prescribed in Clauses 1 and 2 of this Article and the procedures for land use purpose change shall be carried out at the same time.
1. Land users or owners of property on land shall submit the issued certificates, certificates of house ownership or certificates of ownership of construction works containing errors to the land registration office for correction. For errors due to the fault of land users or owners of property on land, they shall make a written request for correction.
If the land registration office detects errors in a issued certificate, certificate of house ownership or certificate of ownership of construction works, it shall notify them to the land user or owner of property on land and request the latter to hand over the certificate for correction.
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3. If the holder of the certificate, certificate of house ownership or certificate of ownership of construction works that needs to be corrected requests to change it into a certificate of LURs and ownership of house and other property on land, the land registration office shall submit such request to a competent authority for issuing such certificate.
1. In case the State expropriates land under Articles 61 and 62 of the Land Law, land users shall return the issued certificates prior to receipt of compensation and support money in accordance with the land law. Organizations in charge of compensation and land clearance shall revoke the issued certificates and transfer them to the land registration office for management.
2. In case the State expropriates land under Articles 64 and 65 of the Land Law, land users shall return the issued certificates prior to handover of land to the State, except the case prescribed in Point b Clause 1 Article 65 of the Land Law. Organizations in charge of land expropriation shall revoke the issued certificates and transfer them to the land registration office for management.
3. In case of replacement of issued certificates, certificates of house ownership or certificates of ownership of construction works or registration of changes of land and property on land, land users shall return the previously issued certificated when submitting the dossiers of request for replacement of certificate or dossiers of change registration.
The land registration office shall manage the returned certificates after completing the procedures for replacement of certificates or registration of changes in land and property on land.
4. 116 The revocation of certificates issued in violation of the Land Law under Point d Clause 2 Article 106 of the Land Law shall comply with the following provisions:
a) In case the People's Court having jurisdiction to settle land-related disputes has an effective judgment or decision, including the conclusion regarding revocation of the issued Certificate, the revocation of that Certificate shall adhere to that judgment or decision;
b) In case the investigation or inspection authority makes a written conclusion that the certificate has been issued in violation of the Land Law, the competent state authority shall consider whether such conclusion is correct and, if it is correct, shall decide to revoke the issued certificate; in case of determining that the certificate has been issued lawfully, must notify this to the inspection authority;
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d) If the land user or owner of property on land discovers that the Certificate has been issued in violation of regulations of the Land Law, they can file a written petition to the issuing authority. The issuing authority shall be responsible for checking, considering and deciding the revocation of the Certificate issued in breach of the Land Law;
dd) The authority competent to revoke Certificates prescribed in Points a, b, c and d of this Clause is the authority competent to issue Certificates at the time of revocation of Certificates;
e) Land registration offices shall enforce the revocation and take control of certificates revoked under the decisions on revocation of Certificates obtained from competent authorities;
g) If the land user or the owner of property on land disagrees with the settlement by the competent agency as prescribed in Points b, c and d of this clause, they may file complaints in accordance with the Law on complaints.
5. The State shall not revoke certificates which have been issued in violation of law in the cases prescribed in Point d Clause 2 Article 106 of the Land Law if the holders of such certificates have carried out the procedures for exchange or transfer of LURs and ownership of property on land or for changes in land use purpose and their cases have been settled in accordance with law.
The handling of damage caused by the issuance of certificates in violation of law must comply with decisions or judgments of people’s courts. Those who commit violations leading to the unlawful issuance of certificates shall be handled under Articles 206 and 207 of the Land Law.
6. The revocation of issued certificates in cases other than those prescribed in Clause 2 Article 106 of the Land Law shall be made only after the judgments or decisions of the people’s court have been enforced.
7. Regarding the revocation of certificates as prescribed in Clauses 1, 2, 3, 4 and 6 of this Article, if the land user or owner of property on land fails to return the certificate, the land registration office shall report the case to the authority competent to issue certificates of LURs and ownership of house and other property on land, to issue a decision on invalidation of such certificate; adjust the cadastral records under regulations; and make a list of invalidated certificates and send it to the provincial Department of Natural Resources and Environment and the General Department of Land Administration for publicly posting on their websites.
8. Land registration offices shall submit dossiers to competent authorities for re-issuance of certificates to land users in accordance with law; for certificates that have been issued in violation of law at the fault of land users or that have been issued to wrong subjects, land registration offices shall instruct land users to carry out the procedures for re-issuance of certificates according to regulations.
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Article 88. Procedures for conciliation of land disputes
1. Upon receipt of a written request for settlement of a land dispute, a provincial People’s Committee shall:
a) Verify and learn about the cause of the dispute, collect relevant documents about the land origin, land use process and current land use status from the parties;
b) 117 Establish a conciliation council to settle land disputes. This conciliation council shall be composed of the chairperson or the deputy chairperson of the People’s Committee who acts as the council’s head; the representative of the Fatherland Front Committee of commune, ward or commune-level town; the head of residential quarter in urban areas; the head of village or hamlet in rural areas; the prestigious figure in a kinship, at a residential community or workplace; the person having expertise in laws and social knowledge; the village patriarch/matriarch, the religion dignitary or the person thoroughly grasping the case or matter; the representatives of households living for a long time at communes, wards, commune-level towns that know well about the origin and process of use of the land parcel; the cadastral officer or judicial officer at commune, ward or commune-level town. Representatives of the Farmers’ Association, Women’s Union, Veterans’ Association and Ho Chi Minh Communist Youth Union may be invited on a case-by-case basis.
c) Organize a conciliation meeting with the participation of the disputing parties, members of the conciliation council and persons with related interests and obligations.
The conciliation may take place only when all the disputing parties are present. If any of the disputing parties is absent for the second time, the conciliation shall be regarded as unsuccessful.
2. The result of conciliation of a land dispute must be exactly recorded. Such a conciliation record includes: time and place of the conciliation; participants in the conciliation; summary of the dispute clearly stating the origin and time of use of the disputed land, cause of the dispute (already verified), opinions given by the conciliation council; and contents agreed and disagreed between the disputing parties.
The conciliation record must be signed by the head of the conciliation council, the disputing parties present at the conciliation session and participants in the conciliation, and sealed by the communal People’s Committee. It must be immediately sent to the disputing parties and kept by the communal People’s Committee.
3. 118 If the disputing parties dissent in writing from the agreed-upon contents of the successful conciliation record within 10 days upon the making of such record, the chairperson of the communal People’s Committee shall recall a meeting of the conciliation council to settle such additional opinions and make a record of successful or unsuccessful conciliation.
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In case of unsuccessful conciliation or of successful conciliation but at least one party changes their opinions on conciliation results, the communal People’s Committee shall make a record of unsuccessful conciliation and guide the disputing parties to file a petition with a competent authority to further settle the dispute.
5. 119 The Ministry of Finance of Vietnam shall elaborate on financial support for conciliation of land disputes stipulated in this Article.
1. A petition for settlement of land disputes shall be filed with the competent-level People’s Committee.
2. The chairperson of the competent-level People’s Committee shall assign its advisory authority to settle.
3. The advisory authority shall verify the case, organize conciliation among the disputing parties, hold a meeting among relevant departments and sectors to advise on the settlement of the land dispute (if necessary), and complete the dossier of the case and submit it to the People’s Committee of the same level for issuing a decision on settlement of the land dispute. A dossier of settlement of a land dispute must comprise:
a) The petition for settlement of land dispute;
b) The conciliation record kept at the communal People’s Committee; the record of working with the disputing parties and related persons; the record of the field inspection of the disputed land; the record of the meeting with related departments and sectors to advise on the settlement of the land dispute, in case of unsuccessful conciliation; and the record of conciliation during the settlement of the dispute;
c) Extracts from the cadastral maps and records made in different periods related to the area of the disputed land and documents as evidence and proof in the process of dispute settlement;
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4. The chairperson of the competent-level People’s Committee shall issue the decision on settlement of the dispute or recognition of successful conciliation, and send it to the disputing parties and organizations and individuals with related rights and obligations.
1. A petition for settlement of a land dispute shall be filed with the MONRE's Minister.
2. After receiving a petition for settlement of a land dispute, the MONRE's Minister shall assign a relevant unit to advise on the settlement. The assigned unit shall collect and study documents, organize conciliation among the disputing parties. In case of necessity, it may propose the MONRE’s Minister to decide to establish a working team to verify the case in the locality; and shall complete the dossier and submit it to the MONRE’s Minister for issuance of a decision on settlement of the land dispute.
3. A dossier of settlement of a land dispute must comprise:
a) The petition for settlement of land dispute;
b) The record of working with the disputing parties and related organizations and individuals; the record of the field inspection of the disputed land; and the record of conciliation during the settlement of the dispute;
c) Extracts from the cadastral maps and records made in different periods related to the area of the disputed land and documents as evidence and proof in the process of dispute settlement;
d) The proposal report and draft decision on settlement of the dispute or draft decision on recognition of successful conciliation.
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Article 90a. Statute of limitation for second dispute settlement and enforcement of decisions on land dispute settlement 120
1. The disputing parties, if opposing the initial decision on dispute settlement, can petition the competent person for second dispute settlement. If none of the disputing parties petitions the competent person for second land dispute settlement in at most 30 days or in at most 45 days in a mountainous commune, island, remote and isolated area or an area facing (extremely) socio-economic disadvantages upon the receipt of the initial decision on dispute settlement, such decision shall come into force.
2. The second decision on land dispute settlement shall come into effect in at most 30 days or in at most 45 days in a mountainous commune, island, remote and isolated area or an area facing (extremely) socio-economic disadvantages upon the receipt of such decision.
1. The settlement of land disputes in which the disputing parties have no certificate or any of the papers prescribed in Article 100 of the Land Law and Article 18 of this Decree shall be based on the following grounds:
a) Evidences on the origin and use process of the land presented by the disputing parties;
b) Actual land areas currently used by the parties in addition to the disputed land area and the average land area per household member in the locality;
c) Conformity of the current use status of the disputed land parcel with land use plannings/plans already approved by competent authorities;
d) Preferential treatment policies toward persons with meritorious services to the State;
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2. 121 Principles for coercive enforcement of a decision on land dispute settlement:
a) Coercive enforcement shall proceed openly, democratically, impartially, safely, orderly and lawfully;
b) Coercive enforcement shall proceed in office hours;
c) Coercive enforcement does not proceed from 22 o’clock to 06 o’clock in the next morning; on regulated holidays and days-off; in 15 days' time before and after the Tet holiday; on traditional days reserved for the persons entitled to regulated welfare if such persons are subjected to coercive enforcement and in other special circumstances that produce serious impacts on security, politics, social order and safety, local traditions and habits.
3. 122 The coercive enforcement of a decision on land dispute settlement shall proceed upon the satisfaction of all the following requirements:
a) Both or one of the disputing parties do (does) not abide by the land dispute settlement decision in effect despite the efforts of persuasion of the People's Committee and/or the Committee of Vietnam Fatherland Front in the commune where the disputed land exists;
b) A decision on coercive enforcement of the decision on land dispute settlement has been posted in public at the office of the People’s Committee of the commune or at the public area of the neighborhood where the disputed land exists;
c) The decision on coercive enforcement of the decision on land dispute settlement has come into force;
d) The person(s) coerced has (have) received the written decision on coercive enforcement.
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4. 123 Chairperson of the district-level People’s Committee shall issue and organize the implementation of the decision on coercive enforcement of the decision of land dispute settlement.
5. 124 Procedure for coercive enforcement:
a) Prior to the coercive enforcement, the chairperson of the district-level People’s Committee decides on forming the coercive enforcement committee;
b) The coercive enforcement committee persuades and communicates with the person(s) coerced.
If the person(s) coerced adhere(s) to the decision on land dispute settlement, the coercive enforcement committee shall record such adherence in writing and the content of the dispute settlement decision shall be then fulfilled under the supervision of the coercive enforcement committee;
c) If the person(s) coerced does (do) not adhere to the decision of land dispute settlement despite the effort of persuasion, the coercive enforcement committee shall coerce and compel such person(s) to fulfill the content of the decision of land dispute settlement.
6. 125 A coercive enforcement committee comprises:
a) Chairperson or Vice Chairperson of the district-level People’s Committee, as the leader;
b) Representatives of the district-level authorities regarding inspection, justice, natural resources and environment, construction; the representative of the leadership of the People’s Committee of the commune where the land exists and other members designated by the chairperson of the district-level People’s Committee.
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8. 127 Provincial People’s Committees shall specify detail on this Article.
SECTION 5. 128 PROCEDURES FOR LAND EXPROPRIATION, LAND ALLOCATION, LAND LEASE, EXTENSION OF USE TERMS OF LAND OF CIVIL AIRPORTS AND AERODROMES
1. Airport authorities shall implement procedures for land expropriation due to lawful termination of land use or voluntary return of land in the following cases:
a) They receive written documents on land return from organizations or individuals that are using land allocated or leased by them without having to pay land levies, and are now moving to other places, reducing or no longer having demands for such land;
b) They receive decisions on dissolution or bankruptcy from competent authorities against organizations that are using land allocated or leased by them without having to pay land levies;
c) They receive the death certificate or the decision to declare a person dead as prescribed by law and the written certification that there is no heir from competent authorities to individuals to whom they leased land.
2. Within 05 days of receipt of the documents specified in Clause 1 of this Article, airport authorities shall be responsible for field investigation and verification; issuance of decisions on land expropriation using the Form No. 07 in the Appendix enclosed herewith.
3. Within 05 days after the decision on land expropriation is issued, the relevant airport authority shall send such decision and the cadastral map extraction or cadastral measurement extraction of the land parcel to be expropriated to the relevant land registration office for updating and revising cadastral records and land database.
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1. For land expropriation due to violation of law, when the statute of limitations for sanctioning administrative violations expires under the Law on handling of administrative violations, competent sanctioning persons shall make records of administrative violations as a basis for land expropriation.
When land-related violations of law are not subject to sanctioning of administrative violations under the Law on handling of administrative violations in the field of land, the authority competent to conduct inspections and verifications shall make records of the violations as a basis for deciding on land expropriation.
2. Within 07 days after the date of making a written record of the violation, the authority competent to conduct inspections and verifications shall send such record to the relevant airport authority.
3. Within 05 days of receipt of the record of the violation, the airport authority shall be responsible for conducting field investigation and verification, and issuing a decision on land expropriation using Form No. 08 in the Appendix enclosed herewith.
4. Within 05 days after the decision on land expropriation is issued, the relevant airport authority shall send such decision and the cadastral map extraction or cadastral measurement extraction of the land parcel to be expropriated to the relevant land registration office for updating and revising cadastral records and land database.
Article 91c. Procedures for allocation and lease of land at civil airports and aerodromes
1. Grounds for airport authorities’ allocation or lease of land:
a) Certificate issued by the provincial People’s Committee to the airport authority;
b) Classification and form of allocation or lease of land as prescribed in Clauses 1 and 3 Article 156 of the Land Law;
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d) Investors in charge of construction of airports or aerodromes or facilities at airports or aerodromes that are determined in accordance with law;
dd) Demands for land, land use term shown in the approved investment project or application for land allocation or land lease;
e) Application package for land allocation or lease as prescribed.
2. Organization or person having demand for land must send 01 set of application documents for land allocation or lease directly or by post or by other appropriate means to the airport authority. Such an application package includes:
a) The application form made using Form 02 in the Appendix enclosed herewith;
b) Description of the investment project;
c) The cadastral map extraction or cadastral measurement extraction of the land parcel which bears a competent authority’s certification as prescribed;
d) A copy extracted from master register or copy presented with its original for verification purpose or certified true copy (if the application is submitted directly or by post) of the written approval of investment guidelines or investment registration certificate (if any) or written approval of investment or written approval of investment project or written certificate of results of bidding for the investment project given by a competent authority as prescribed by laws.
3. Within 10 days of receipt of a valid application package, the airport authority shall notify in writing the reasons for refusal to allocate or lease land to the applicant, or issue a land allocation decision using Form No. 03 in the Appendix enclosed herewith; organize the handover of the land in the field and make a land handover record using Form No. 06 in the Appendix enclosed herewith.
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Within 03 days of receipt of that unit land rent list, the airport authority shall sign a land lease using Form No. 05, conduct the handover of the leased land in the field and make a land handover record using Form No. 06 in the Appendix enclosed herewith.
4. Within 03 days after the land is handed over in the field, the relevant airport authority shall send the land allocation decision, or land lease decision, and the cadastral map extraction or cadastral measurement extraction of the land parcel to the local land registration office for updating and revising cadastral records and land database.
5. For existing facilities that are being operated and used stably but are not supported by one of the documents specified in Points b, c and d Clause 2 of this Article, owners of such facilities shall be responsible for working with airport authorities to conduct certification of the current land use status and cadastral surveying and mapping of the current land use status in order to prepare complete application packages for land allocation and land lease, and shall be exempted from the submission of the documents prescribed in Points b, c and d Clause 2 of this Article.
Article 91d. Extension of term of lease of land at civil airports and aerodromes
1. The extension of the land lease term shall be granted on the basis of airport or aerodrome plannings approved by competent authorities and land demands of land users.
2. At least 06 months before the expiry of the land lease term, the land user can send 01 set of application documents for extension of the land lease term directly or by post or by other appropriate means to the airport authority. A set of application documents includes:
a) The application form for extension of the lease term;
b) Copies extracted from master register or copies presented with their originals for verification purpose or certified true copies (if the application is submitted directly or by post) of the land lease decision and the land lease contract; documents proving fulfillment of their financial obligations relating to land in accordance with the laws in the most recent years;
c) The written document of the competent authority regarding the modification of the PPP project contract (if any);
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3. Within 07 days of receipt of an adequate and valid set of application documents, the airport authority shall issue an extension decision using Form No. 07 in the Appendix enclosed herewith. Within 30 days of receipt of the written request, enclosed with the extension decision and the set of application documents for extension of land lease term as prescribed in Clause 2 of this Article, from the airport authority, the person having authority according to regulations shall be responsible for issuing the unit land rent list. Lessees shall pay land rents according to notices given by tax authorities.
4. Within 03 working days of receipt of that unit land rent list, the airport authority shall sign a land lease using Form No. 05 in the Appendix enclosed herewith.
MONITORING AND EVALUATION OF LAND MANAGEMENT AND USE
Article 92. Functions of monitoring and evaluation systems
1. Monitor and review the implementation of the Land Law; analyze and evaluate the effectiveness of land management and use, and impacts of land policies and law on the economy, society and environment.
2. Receive opinions from organizations and citizens on land management and use and forward them to competent authorities for consideration.
3. Make public information collected during the process of land management and use, and results of settlement prescribed in Clause 2 of this Article on the websites of the monitoring and evaluation systems.
4. Propose amendments and supplements to land policies and law; devise measures to organize the implementation of land policies and law.
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1. Monitoring and evaluation systems for land management and use are components of the land information system; are established uniformly from the central to local level and publicized on the national information network in accordance with law.
2. Monitoring and evaluation systems for land management and use must reflect the scale, quality and effectiveness of land management and use; impacts of land policies and law; level of transparency and involvement of the people in the process of land management and use through qualitative and quantitative indicators.
Article 94. Provision and reflection of information on land management and use
Provision and reflection of information on land management and use shall comply with the following provisions:
1. Each natural resources and environment authority shall report and provide fully, accurately, timely and objectively information on land management and use; results of implementation of land management projects to the People’s Committee of the same level and to higher-level natural resources and environment authorities for updating in the monitoring and evaluation systems.
2. Other relevant ministries and central-government authorities and provincial People’s Committees shall make reports and fully, accurately, timely and objectively provide information relating to land management and use within the scope of their respective management tasks to the MONRE.
3. Organizations and individuals shall fully, accurately, timely and objectively reflect information on land management and use to land authorities and People’s Committees of all levels for updating in the monitoring and management systems.
Article 95. Responsibility for building and operating monitoring and evaluation systems
1. The MONRE shall:
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b) Direct and guide the annual evaluation of the land management and use and impacts of land policies and law;
c) Make periodical reports and specialized reports on the land management and use and impacts of land policies and law;
d) Promulgate evaluation criteria and processes for the land management and use and impacts of land policies and law; report forms and reporting responsibility of natural resources and environment authorities.
2. Provincial People’s Committees shall direct the building and operation of the monitoring and evaluation systems for land management and use in their localities.
3. Local natural resources and environment authorities shall manage and operate the monitoring and evaluation systems for land management and use in their localities; report on the land management and use and impacts of land policies and law to the People’s Committees of the same level and higher-level natural resources and environment authorities upon request.
HANDLING OF VIOLATIONS AGAINST LAND LAW COMMITTED BY PERSONS ON OFFICIAL DUTY IN LAND SECTOR
Article 96. Violating entities to be handled
1. Heads of organizations, heads of authorities competent to decide on land management who commit violations of the Land Law.
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3. Heads of organizations, cadres, civil servants, public employees and staff members of organizations that are allocated land by the State for management falling in the cases prescribed in Clause 1 Article 8 of the Land Law who commit violations of the Land Law related to their allocated land.
Article 97. Acts of violation against Land Law committed by persons on duty in land sector
1. Violations of regulations on administrative boundary dossiers and markers include the following acts:
a) Falsifying the position plans, coordinates table and written records of handover of administrative boundary markers;
b) Planting administrative boundary markers at wrong positions in the field.
2. Violations of regulations on land use plannings and plans include the following acts:
a) Failing to organize the formulation and adjustment of land use plannings and plans in time under regulations;
b) Failing to strictly comply with regulations on public consultation in the process of land use planning;
c) Failing to publicize land use plannings/plans; failing to publicize the adjustment or cancellation of the expropriation or repurposing of land areas indicated in land use plans for which no land expropriation decision is issued or no permission for land repurposing is obtained after three years; failing to report on the implementation of land use plannings/plans.
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a) Allocating, re-allocating or leasing land at incorrect positions and with incorrect areas in the field;
b) Allocating, re-allocating or leasing land or permitting land repurposing ultra vires, to or for improper subjects, or not in conformity with annual district-level land use plans approved by competent authorities;
c) Re-allocating or leasing land in hi-tech zones, economic zones or civil airports or aerodromes not in conformity with construction plannings approved by competent authorities.
4. Violations of regulations on land expropriation, compensation, support and relocation include the following acts:
a) Failing to give prior notice to persons whose land is to be expropriated under Article 67 of the Land Law; failing to publicize compensation, support and relocation plans;
b) Failing to strictly comply with regulations on consultation on compensation, support and relocation;
c) Paying compensations to, providing support and organizing relocation for, improper subjects or for incorrect areas and with incorrect compensation, support and relocation levels; distorting land expropriation dossiers; identifying incorrect positions and areas of expropriated land in the field;
d) Expropriating land ultra vires, from improper subjects; not in conformity with land use plannings or plans already approved by competent authorities;
5. Violations of regulations on land requisition include the following acts:
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b) Requisitioning land not in the cases prescribed in Clause 1 Article 72 of the Land Law.
6. Violations of regulations on management of land allocated by the State for management include the following acts:
a) Letting persons, who are allowed by law to temporarily use land, use land for improper purposes;
b) Using land for improper purposes;
c) Letting land be encroached upon, occupied or appropriated.
7. Violations of regulations on the order and administrative procedures in land management and use include the following acts:
a) Failing to receive complete and valid dossiers, failing to give specific instructions when receiving dossiers, causing troubles to dossier submitters, receiving dossiers without recording in the monitoring register;
b) Imposing additional administrative procedures against general regulations, causing troubles to persons requesting performance of administrative procedures;
c) Settling administrative procedures not according to the prescribed order, delaying the delivery of papers already signed by competent authorities to persons requesting performance of administrative procedures;
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dd) Refusing or failing to perform administrative procedures which, under the land law, have all conditions to perform;
e) Performing administrative procedures ultra vires;
g) Issuing decisions, writing opinions in or certifying dossiers against regulations, causing, or creating conditions for persons requesting performance of administrative procedures to cause, damage to the State; organizations or citizens;
h) Causing loss of or damage to, or distorting, dossiers.
Principles of disciplining, statutes of limitations and time limits for disciplining, application of disciplinary forms, competence to discipline, order and procedures for consideration of disciplining and other issues related to the disciplining of cadres, civil servants and public employees must comply with the laws on cadres, civil servants and public employees.
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1. In case there is already a document on on-principle approval of investment, introduction of location or notice of land expropriation sent to every person whose land is to be expropriated or a document permitting the investor to reach agreement with land users within the project’s scope before July 01, 2014, but there is not yet a land expropriation decision, then:
a) The provincial People’s Committee shall permit the continued implementation of the project and apply the form of land expropriation, or the investor shall acquire or lease LURs, or receive LURs as contributed capital under the Land Law, if such is conformable with the annual district-level land use plan already approved by a competent authority;
b) The provincial People’s Committee shall issue a document directing related organizations and individuals to stop the implementation of the project if it is not conformable with the approved annual district-level land use plan;
c) In case of implementation of a production or business project subject to land expropriation by the State under which the investor is permitted to reach agreement with land users within the project’s scope, if there remain land areas on which agreement cannot be reached by July 01, 2014, the provincial People’s Committee shall decide to expropriate the remaining land area on which the investor and land users fail to reach agreement, for implementing the investment project.
2. In case there is a decision to enforce the land expropriation decision before July 01, 2014, but the enforcement is not organized yet, the land expropriation shall be enforced in accordance with the Land Law.
3. 130 In the event that an investment project subjected to the State’s land expropriation pursuant to the 2003’s Land Law and its guiding documents is not subjected to the State's land expropriation pursuant to the 2013's Land Law, its investor was selected pursuant to the regulations of the Investment Law before July 01, 2014 and it accords with the annual land use plan of the relevant district, the provincial People’s Committee shall include it in the list of projects subject to land expropriation and propose thereof to the People’s Council for approval before the competent authority decides on the land expropriation.
The procedure for land expropriation in the circumstance defined in this Clause shall be subject to Article 69 of the Land Law.
4. 131 In the event that an investment project subjected to the State’s land expropriation pursuant to the 2003's Land Law and its guiding documents is not subjected to the State's land expropriation pursuant to the 2013's Land Law and it has been approved by the competent People's Committee before July 01, 2014 for negotiating the transfer of LURs for implementing the project but the investor has not negotiated for all areas of land with the land users under the scope of the project, the provincial People's Committee shall include the project in the list of projects subject to land expropriation and propose thereof to the People's Council for approval before the competent authority decides on the expropriation of the un-negotiated areas of land which shall be then allocated or rented out to the investor.
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1. If a competent authority’s document on this violation has been made before July 01, 2014 but a land expropriation decision is not yet issued, the competent People’s Committee shall take actions against the case under Point i Clause 1 Article 64 of the Land Law; the extended duration shall be counted from July 01, 2014.
2. If a land expropriation decision has been issued before July 01, 2014, the land shall be expropriated according to this decision and the land levies, land rents and property on the expropriated land shall be handled under the 2003 Land Law and its guiding documents.
Article 100a. Application of requirements for land allocation, land lease, land repurposing; land management and use 132
1. Provisions of Clause 2 Article 58 of the Land Law and Article 13 of this Decree shall take effect against the projects that use land on an island or in a borderline or coastal commune, ward or commune-level town and are not subject to the approval of the National Assembly or Prime Minister if, having received the certificate of investment before July 01, 2014, such project does not yet obtain a decision on land allocation, land lease or land repurposing pursuant to the regulations of the Land Law.
2. The requirements for land allocation, land lease and land repurposing, applicable to the person(s) to whom the State allocates or leases lands or grants approval of land use conversion for an investment project pursuant to Clause 3 Article 58 of the Land Law and Article 14 of this Decree, shall not take effect in the following circumstances:
a) The investment project has obtained competent authorities' approval of investment, the investment certificate or the project's investment guidelines have been approved by the National Assembly or Prime Minister before July 01, 2014;
b) The investment project is not subject to competent authorities’ approval or certification of investment; nevertheless, its demand of land was verified by the natural resources and environment authorities and it obtained competent authorities’ approval of investment before July 01, 2014.
3. The certification of the rights to use land parcels which are allocated by the State with or without the collection of land levies or are acquired by transfer of LURs to a social organization or residential community for non-agricultural uses, if the payments for land use are sourced from the state budget, shall proceed in the form of land allocation without land levies. Likewise, the certification of the rights to use the land parcels that are used without any documents on LURs shall proceed in the form of land allocation without land levies. The land use term thereof shall be subject to Article 126 of the Land Law and commences from the date of certification of LURs.
The land parcels that are leased or allocated by the State with the collection of land levies or are acquired by transfer of LURs, if the payments for land use are not sourced from the state budget, shall be continuously used as allocated or leased by the State for the remaining land use term.
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5. The State shall certify the cooperatives’ land parcels acquired through their members’ contribution of LURs by allocating such land parcels with the collection of land levies without a requisite for land lease. The land use term in this event shall be 50 years from the date of certification of LURs. The land use term shall be permanent if such land parcels are originally used on long term.
6. Competent People’s Committees shall allocate or lease lands, without auctioning the LURs, to the investors of the investment projects whose investment guidelines were approved by competent authorities or investors were selected pursuant to the regulations of the Investment Law before July 01, 2014 if the allocation or lease of land to investors does not progress yet but currently accords with the relevant land use plan.
7. The State shall not expropriate the land parcels that were allocated or leased beyond authority or to inappropriate entities before July 01, 2004 and for which the households or individuals using such lands have paid for land use or land allocation, though the land users have not been subjected to any financial obligations, if the use of such land parcels accords with the land use plan, construction plan, urban plan, rural residential plan and new-style rural commune development plan.
8. The unfulfilled land use norms in a district's annual land use plan that expires shall remain effective until the subsequent year’s land use plan is approved by competent authorities.
Article 101. Authority to revise decisions on land expropriation, land allocation, land lease or land repurposing issued before July 01, 2014 133
Authorities that have jurisdiction to issue decisions on land expropriation, land allocation, land lease or land repurposing under the 2013 Land Law shall have the jurisdiction to make revisions to issued decisions on land expropriation, land allocation, land lease or land repurposing without recourse to authorities competent to decide the land expropriation, land allocation, land lease or land repurposing before July 01, 2014.
1. This Decree comes into force from July 01, 2014.
2. This Decree replaces the following Decrees:
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b) The Government’s Decree No. 17/2006/ND-CP dated January 27, 2006, amending and supplementing a number of articles of the Decrees guiding the implementation of the Land Law, and Decree No. 187/2004/ND-CP on conversion of state-owned companies into joint-stock companies;
c) The Government’s Decree No. 84/2007/ND-CP dated May 25, 2007, additionally providing issuance of LURs certificates, land expropriation, exercise of LURs, order and procedures for compensation, support and relocation upon land expropriation by the State and settlement of land-related complaints;
d) The Government’s Decree No. 69/2009/ND-CP dated August 13, 2009, additionally providing the land use planning, land price, land expropriation, and compensation, support and relocation;
dd) The Government’s Decree No. 88/2009/ND-CP dated October 19, 2009, on certificates of LURs and ownership of house and other property on land.
3. Ministries, ministerial agencies, Governmental agencies, and provincial People’s Committees shall scrutinize legislative documents they have promulgated which are contrary to the provisions of the Land Law and this Decree, for revision, supplementation or cancellation.
1. The MONRE, the Ministry of Justice of Vietnam, the Ministry of Construction of Vietnam, the Ministry of Finance of Vietnam, the Ministry of Transport of Vietnam, the Ministry of Home Affairs of Vietnam and other relevant Ministries, central-government authorities, and provincial People’s Committees shall provide guidelines for implementation of articles and clauses assigned in this Decree.
2. Ministers, heads of ministerial agencies, heads of Governmental agencies, Chairpersons of People’s Committees at all levels, and other relevant organizations and individuals are responsible for the implementation of this Decree./.
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CERTIFIED BY
PP. MINISTER
DEPUTY MINISTER
Le Minh Ngan
1 The Government’s Decree No. 01/2017/ND-CP dated January 06, 2017 providing amendments to Government’s Decree No. 47/2014/ND-CP dated May 15, 2014 on compensation, support and relocation upon the State’s expropriation of land is promulgated pursuant to:
“The Law on Organization of Government dated June 19, 2015;
The Land Law dated November 29, 2013;
And at the request of the Minister of Natural Resources and Environment of Vietnam;”
The Government’s Decree No. 136/2018/ND-CP dated October 05, 2018 providing amendments to Decrees on investment and business conditions in the field of natural resources and environment is promulgated pursuant to:
“The Law on Organization of Government dated June 19, 2015;
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The Law on environmental protection dated June 23, 2014;
The Land Law dated November 29, 2013;
The Law on Water Resources dated June 21, 2012;
The Law on Mineral Resources dated November 17, 2010;
The Law on Investment dated November 26, 2014;
And at the request of the Minister of Natural Resources and Environment of Vietnam;”
The Government’s Decree No. 62/2019/ND-CP dated July 11, 2019 providing amendments to the Government’s Decree No. 35/2015/ND-CP dated April 13, 2015 on management and use of land areas for rice cultivation, is promulgated pursuant to:
“The Law on Organization of Government dated June 19, 2015;
The Land Law dated November 29, 2013;
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The Government’s Decree No. 148/2020/ND-CP dated December 18, 2020 providing amendments to Decrees on elaboration of the Land Law is promulgated pursuant to:
“The Law on Government Organization dated June 19, 2015; the Law on Amendments to the Law on Government Organization and the Law on Local Government Organization dated November 22, 2019;
The Land Law dated November 29, 2013;
The Law on Bidding dated November 26, 2013;
The Law on Planning dated November 24, 2017;
The Law on amendments to some articles concerning planning of 37 laws dated November 20, 2018;
The National Assembly’s Resolution No. 82/2019/QH14 dated June 14, 2019;
The Resolution No. 751/2019/UBTVQH14 dated August 16, 2019 of the Standing Committee of National Assembly;
And at the request of the Minister of Natural Resources and Environment of Vietnam;”
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“The Law on Government Organization dated June 19, 2015; the Law on Amendments to the Law on Government Organization and the Law on Local Government Organization dated November 22, 2019;
The Law on Residence dated November 13, 2020;
And at the request of the Minister of Public Security of Vietnam;”
The Government’s Decree No. 10/2023/ND-CP dated April 03, 2023 providing amendments to Decrees on elaboration of the Land Law is promulgated pursuant to:
“The Law on Government Organization dated June 19, 2015; the Law on Amendments to the Law on Government Organization and the Law on Local Government Organization dated November 22, 2019;
The Land Law dated November 29, 2013;
The Law on Property Auction dated November 17, 2016;
The Law on Investment dated June 17, 2020;
The Resolution No. 39/2021/QH15 dated November 13, 2021 of the National Assembly of Vietnam on the national land use planning for the 2021 - 2030 period with a vision by 2050, and the 5-year national land use plan for the 2021 - 2025 period;
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2 This Article is amended according to Clause 1 Article 2 of the Government’s Decree No. 01/2017/ND-CP dated January 06, 2017, coming into force from March 03, 2017.
3 This Article is added according to Clause 2 Article 2 of the Government’s Decree No. 01/2017/ND-CP dated January 06, 2017, coming into force from March 03, 2017.
4 The phrase “nơi đăng ký hộ khẩu thường trú” (“where permanent residence specified in family register is registered") is replaced with the phrase “nơi đăng ký thường trú” (“where permanent residence is registered”) according to Clause 2 Article 5 of the Government’s Decree No. 10/2023/ND-CP dated April 03, 2023, coming into force from May 20, 2023.
5 The phrase “nơi đăng ký hộ khẩu thường trú” (“where permanent residence specified in family register is registered") is replaced with the phrase “nơi đăng ký thường trú” (“where permanent residence is registered”) according to Clause 2 Article 5 of the Government’s Decree No. 10/2023/ND-CP dated April 03, 2023, coming into force from May 20, 2023.
6 The phrase “nơi đăng ký hộ khẩu thường trú” (“where permanent residence specified in family register is registered") is replaced with the phrase “nơi đăng ký thường trú” (“where permanent residence is registered”) according to Clause 2 Article 5 of the Government’s Decree No. 10/2023/ND-CP dated April 03, 2023, coming into force from May 20, 2023.
7 This Clause is added according to Clause 3 Article 2 of the Government’s Decree No. 01/2017/ND-CP dated January 06, 2017, coming into force from March 03, 2017.
8 The ordinal number of this Clause is changed according to Clause 3 Article 2 of the Government’s Decree No. 01/2017/ND-CP dated January 06, 2017, coming into force from March 03, 2017.
9 The ordinal number of this Clause is changed according to Clause 3 Article 2 of the Government’s Decree No. 01/2017/ND-CP dated January 06, 2017, coming into force from March 03, 2017.
10 This Point is amended according to Clause 4 Article 2 of the Government’s Decree No. 01/2017/ND-CP dated January 06, 2017, coming into force from March 03, 2017.
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12 This Point is amended according to Clause 1 Article 1 of the Government’s Decree No. 148/2020/ND-CP dated December 18, 2020, coming into force from February 08, 2021.
13This Clause is amended according to Clause 2 Article 1 of the Government’s Decree No. 148/2020/ND-CP dated December 18, 2020, coming into force from February 08, 2021.
14 This Article is added according to Clause 5 Article 2 of the Government’s Decree No. 01/2017/ND-CP dated January 06, 2017, coming into force from March 03, 2017, as amended by Clause 1 Article 1 of the Government’s Decree No. 136/2018/ND-CP dated October 05, 2018, coming into force from October 05, 2018.
15 This Article is added according to Clause 6 Article 2 of the Government’s Decree No. 01/2017/ND-CP dated January 06, 2017, coming into force from March 03, 2017.
16 This Clause is amended according to Clause 2 Article 1 of the Government’s Decree No. 136/2018/ND-CP dated October 05, 2018, coming into force from October 05, 2018.
17 This Clause is amended according to Clause 2 Article 1 of the Government’s Decree No. 136/2018/ND-CP dated October 05, 2018, coming into force from October 05, 2018.
18 This Point is abrogated according to Clause 4 Article 1 of the Government’s Decree No. 136/2018/ND-CP dated October 05, 2018, coming into force from October 05, 2018.
19 This Clause is abrogated according to Point a Clause 5 Article 5 of the Government’s Decree No. 10/2023/ND-CP dated April 03, 2023, coming into force from May 20, 2023.
20 This Clause is abrogated according to Point a Clause 5 Article 5 of the Government’s Decree No. 10/2023/ND-CP dated April 03, 2023, coming into force from May 20, 2023.
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22 This Article is amended according to Clause 3 Article 1 of the Government’s Decree No. 148/2020/ND-CP dated December 18, 2020, coming into force from February 08, 2021.
23 This Article is added according to Clause 9 Article 2 of the Government’s Decree No. 01/2017/ND-CP dated January 06, 2017, coming into force from March 03, 2017.
24 This Article is amended according to Clause 4 Article 1 of the Government’s Decree No. 148/2020/ND-CP dated December 18, 2020, coming into force from February 08, 2021.
25 This Article is amended according to Clause 5 Article 1 of the Government’s Decree No. 148/2020/ND-CP dated December 18, 2020, coming into force from February 08, 2021.
26 This Article is added according to Clause 6 Article 1 of the Government’s Decree No. 148/2020/ND-CP dated December 18, 2020, coming into force from February 08, 2021, as amended by Point c Clause 5 Article 5 of the Government’s Decree No. 10/2023/ND-CP dated April 03, 2023, coming into force from May 20, 2023.
27 This Article is added according to Clause 7 Article 1 of the Government’s Decree No. 148/2020/ND-CP dated December 18, 2020, coming into force from February 08, 2021, as amended by Point c Clause 5 Article 5 of the Government’s Decree No. 10/2023/ND-CP dated April 03, 2023, coming into force from May 20, 2023.
28 This Article is amended according to Clause 8 Article 1 of the Government’s Decree No. 148/2020/ND-CP dated December 18, 2020, coming into force from February 08, 2021.
29This Point is amended according to Clause 3 Article 1 of the Government’s Decree No. 136/2018/ND-CP dated October 05, 2018, coming into force from October 05, 2018.
30 This Point is abrogated according to Clause 4 Article 1 of the Government’s Decree No. 136/2018/ND-CP dated October 05, 2018, coming into force from October 05, 2018.
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32 This Clause is amended according to Clause 10 Article 1 of the Government’s Decree No. 148/2020/ND-CP dated December 18, 2020, coming into force from February 08, 2021.
33 This Clause is added according to Clause 11 Article 2 of the Government’s Decree No. 01/2017/ND-CP dated January 06, 2017, coming into force from March 03, 2017.
34 This Clause is added according to Clause 11 Article 2 of the Government’s Decree No. 01/2017/ND-CP dated January 06, 2017, coming into force from March 03, 2017.
35 This Clause is added according to Clause 11 Article 2 of the Government’s Decree No. 01/2017/ND-CP dated January 06, 2017, coming into force from March 03, 2017, as abrogated by Clause 3 Article 2 of the Government’s Decree No. 62/2019/ND-CP dated July 11, 2019, coming into force from September 01, 2019.
36 This Article is added according to Clause 11 Article 1 of the Government’s Decree No. 148/2020/ND-CP dated December 18, 2020, coming into force from February 08, 2021.
37 This Article is added according to Clause 12 Article 1 of the Government’s Decree No. 148/2020/ND-CP dated December 18, 2020, coming into force from February 08, 2021.
38 This Clause is amended according to Clause 1 Article 3 of the Government’s Decree No. 10/2023/ND-CP dated April 03, 2023, coming into force from May 20, 2023.
39 This Point is added according to Clause 12 Article 2 of the Government’s Decree No. 01/2017/ND-CP dated January 06, 2017, coming into force from March 03, 2017.
40 This Clause is added according to Clause 1 Article 1 of the Government’s Decree No. 10/2023/ND-CP dated April 03, 2023, coming into force from May 20, 2023.
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42 This Article is added according to Clause 14 Article… of the Government’s Decree No. 01/2017/ND-CP dated January 06, 2017, coming into force from March 03, 2017, as amended by Clause 2 Article 1 of the Government’s Decree No. 10/2023/ND-CP dated April 03, 2023, coming into force from May 20, 2023.
43 This Article is amended according to Clause 13 Article 1 of the Government’s Decree No. 148/2020/ND-CP dated December 18, 2020, coming into force from February 08, 2021.
44 This Clause is added according to Clause 3 Article 1 of the Government’s Decree No. 10/2023/ND-CP dated April 03, 2023, coming into force from May 20, 2023.
45 This Point is amended according to Clause 16 Article 2 of the Government’s Decree No. 01/2017/ND-CP dated January 06, 2017, coming into force from March 03, 2017.
46 This Point is added according to Clause 16 Article 2 of the Government’s Decree No. 01/2017/ND-CP dated January 06, 2017, coming into force from March 03, 2017.
47 This Point is added according to Clause 16 Article 2 of the Government’s Decree No. 01/2017/ND-CP dated January 06, 2017, coming into force from March 03, 2017.
48 This Point is added according to Clause 16 Article 2 of the Government’s Decree No. 01/2017/ND-CP dated January 06, 2017, coming into force from March 03, 2017.
49 This Clause is added according to Clause 17 Article 2 of the Government’s Decree No. 01/2017/ND-CP dated January 06, 2017, coming into force from March 03, 2017.
50 This Point is amended according to Article 11 of the Government’s Decree No. 104/2022/ND-CP dated December 21, 2022, coming into force from January 01, 2023.
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52 This Clause is added according to Clause 19 Article 2 of the Government’s Decree No. 01/2017/ND-CP dated January 06, 2017, coming into force from March 03, 2017.
53 This Article is added according to Clause 20 Article 2 of the Government’s Decree No. 01/2017/ND-CP dated January 06, 2017, coming into force from March 03, 2017.
54 This Point is added according to Clause 21 Article 2 of the Government’s Decree No. 01/2017/ND-CP dated January 06, 2017, coming into force from March 03, 2017.
55 This Point is amended according to Clause 14 Article 1 of the Government’s Decree No. 148/2020/ND-CP dated December 18, 2020, coming into force from February 08, 2021.
56 This Point is amended according to Clause 15 Article… of the Government’s Decree No. 148/2020/ND-CP dated December 18, 2020, coming into force from February 08, 2021.
57 This Clause is added according to Clause 22 Article 2 of the Government’s Decree No. 01/2017/ND-CP dated January 06, 2017, coming into force from March 03, 2017.
58 This Clause is added according to Clause 4 Article 1 of the Government’s Decree No. 10/2023/ND-CP dated April 03, 2023, coming into force from May 20, 2023.
59 This Clause is amended according to Clause 16 Article 1 of the Government’s Decree No. 148/2020/ND-CP dated December 18, 2020, coming into force from February 08, 2021.
60 This Clause is amended according to Clause 5 Article 1 of the Government’s Decree No. 10/2023/ND-CP dated April 03, 2023, coming into force from May 20, 2023.
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62 This Clause is added according to Clause 25 Article 2 of the Government’s Decree No. 01/2017/ND-CP dated January 06, 2017, coming into force from March 03, 2017.
63 This Article is amended according to Clause 17 Article 1 of the Government’s Decree No. 148/2020/ND-CP dated December 18, 2020, coming into force from February 08, 2021.
64 This Article is added according to Clause 26 Article 2 of the Government’s Decree No. 01/2017/ND-CP dated January 06, 2017, coming into force from March 03, 2017.
65 This Article is amended according to Clause 27 Article 2 of the Government’s Decree No. 01/2017/ND-CP dated January 06, 2017, coming into force from March 03, 2017.
66 This Article is added according to Clause 28 Article 2 of the Government’s Decree No. 01/2017/ND-CP dated January 06, 2017, coming into force from March 03, 2017.
67 This Article is added according to Clause 29 Article 2 of the Government’s Decree No. 01/2017/ND-CP dated January 06, 2017, coming into force from March 03, 2017.
68 This Article is added according to Clause 30 Article 2 of the Government’s Decree No. 01/2017/ND-CP dated January 06, 2017, coming into force from March 03, 2017.
69 This Article is added according to Clause 31 Article 2 of the Government’s Decree No. 01/2017/ND-CP dated January 06, 2017, coming into force from March 03, 2017, as amended by Clause 2 Article 5 of the Government’s Decree No. 148/2020/ND-CP dated December 18, 2020, coming into force from February 08, 2021.
70 This Article is added according to Clause 32 Article 2 of the Government’s Decree No. 01/2017/ND-CP dated January 06, 2017, coming into force from March 03, 2017.
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72 This Clause is added according to Clause 6 Article 1 of the Government’s Decree No. 10/2023/ND-CP dated April 03, 2023, coming into force from May 20, 2023.
73 This Article is added according to Clause 34 Article 2 of the Government’s Decree No. 01/2017/ND-CP dated January 06, 2017, coming into force from March 03, 2017.
74 This Clause is abrogated according to Clause 35 Article 2 of the Government’s Decree No. 01/2017/ND-CP dated January 06, 2017, coming into force from March 03, 2017.
75 The ordinal number of this Clause is changed according to Clause 35 Article 2 of the Government’s Decree No. 01/2017/ND-CP dated January 06, 2017, coming into force from March 03, 2017.
76 The ordinal number of this Clause is changed according to Clause 35 Article 2 of the Government’s Decree No. 01/2017/ND-CP dated January 06, 2017, coming into force from March 03, 2017.
77 This Article is amended according to Clause 36 Article 2 of the Government’s Decree No. 01/2017/ND-CP dated January 06, 2017, coming into force from March 03, 2017.
78 This Article is added according to Clause 2 Article 2 of the Government’s Decree No. 148/2020/ND-CP dated December 18, 2020, coming into force from February 08, 2021.
79 This Clause is amended according to Clause 37 Article 2 of the Government’s Decree No. 01/2017/ND-CP dated January 06, 2017, coming into force from March 03, 2017.
80 This Clause is amended according to Clause 38 Article 2 of the Government’s Decree No. 01/2017/ND-CP dated January 06, 2017, coming into force from March 03, 2017.
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82 This Article is amended according to Clause 18 Article 1 of the Government’s Decree No. 148/2020/ND-CP dated December 18, 2020, coming into force from February 08, 2021.
83 This Article is added according to Clause 39 Article 2 of the Government’s Decree No. 01/2017/ND-CP dated January 06, 2017, coming into force from March 03, 2017.
84 This Article is amended according to Clause 19 Article 1 of the Government’s Decree No. 148/2020/ND-CP dated December 18, 2020, coming into force from February 08, 2021.
85 This Clause is amended according to Clause 7 Article 3 of the Government’s Decree No. 10/2023/ND-CP dated April 03, 2023, coming into force from May 20, 2023.
86 This Clause is added according to Clause 7 Article 1 of the Government’s Decree No. 10/2023/ND-CP dated April 03, 2023, coming into force from May 20, 2023.
87 This Clause is added according to Clause 7 Article 1 of the Government’s Decree No. 10/2023/ND-CP dated April 03, 2023, coming into force from May 20, 2023.
88 This Article is amended according to Clause 40 Article 2 of the Government’s Decree No. 01/2017/ND-CP dated January 06, 2017, coming into force from March 03, 2017.
[89] This Clause is added according to Clause 41 Article 2 of the Government’s Decree No. 01/2017/ND-CP dated January 06, 2017, coming into force from March 03, 2017.
[90] This Clause is added according to Clause 41 Article 2 of the Government’s Decree No. 01/2017/ND-CP dated January 06, 2017, coming into force from March 03, 2017.
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92 This Point is amended according to Clause 43 Article 2 of the Government’s Decree No. 01/2017/ND-CP dated January 06, 2017, coming into force from March 03, 2017.
93 This Article is added according to Clause 8 Article 1 of the Government’s Decree No. 10/2023/ND-CP dated April 03, 2023, coming into force from May 20, 2023.
94 This Point is amended according to Clause 44 Article 2 of the Government’s Decree No. 01/2017/ND-CP dated January 06, 2017, coming into force from March 03, 2017.
95 This Point is amended according to Clause 20 Article 1 of the Government’s Decree No. 148/2020/ND-CP dated December 18, 2020, coming into force from February 08, 2021.
96 This Point is amended according to Clause 2 Article 3 of the Government’s Decree No. 10/2023/ND-CP dated April 03, 2023, coming into force from May 20, 2023.
97 This Article is added according to Clause 9 Article 1 of the Government’s Decree No. 10/2023/ND-CP dated April 03, 2023, coming into force from May 20, 2023.
98 This Article is added according to Clause 10 Article 1 of the Government’s Decree No. 10/2023/ND-CP dated April 03, 2023, coming into force from May 20, 2023.
99 This Article is added according to Clause 45 Article 2 of the Government’s Decree No. 01/2017/ND-CP dated January 06, 2017, coming into force from March 03, 2017, as amended by Point c Clause 5 Article 5 of the Government’s Decree No. 10/2023/ND-CP dated April 03, 2023, coming into force from May 20, 2023.
100 This Article is amended according to Clause 22 Article 1 of the Government’s Decree No. 148/2020/ND-CP dated December 18, 2020, coming into force from February 08, 2021, as amended by Clause 11 Article 1 of the Government’s Decree No. 10/2023/ND-CP dated April 03, 2023, coming into force from May 20, 2023.
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102 This Article is added according to Clause 48 Article 2 of the Government’s Decree No. 01/2017/ND-CP dated January 06, 2017, coming into force from March 03, 2017.
103 This Point is amended according to Clause 3 Article 3 of the Government’s Decree No. 148/2020/ND-CP dated December 18, 2020, coming into force from February 08, 2021.
104 This Article is added according to Clause 23 Article 1 of the Government’s Decree No. 148/2020/ND-CP dated December 18, 2020, coming into force from February 08, 2021.
105 This Point is amended according to Clause 24 Article 1 of the Government’s Decree No. 148/2020/ND-CP dated December 18, 2020, coming into force from February 08, 2021.
106 The phrase “dồn điền đổi thửa” (“consolidation and swap of land parcels”) is abrogated according to Clause 3 Article 5 of the Government’s Decree No. 148/2020/ND-CP dated December 18, 2020, coming into force from February 08, 2021.
107 This Clause is amended according to Clause 25 Article 1 of the Government’s Decree No. 148/2020/ND-CP dated December 18, 2020, coming into force from February 08, 2021.
108 This Clause is amended according to Clause 25 Article 1 of the Government’s Decree No. 148/2020/ND-CP dated December 18, 2020, coming into force from February 08, 2021.
109 This Article is added according to Clause 50 Article 2 of the Government’s Decree No. 01/2017/ND-CP dated January 06, 2017, coming into force from March 03, 2017.
110 This Point is added according to Clause 51 Article 2 of the Government’s Decree No. 01/2017/ND-CP dated January 06, 2017, coming into force from March 03, 2017.
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112 This Point is added according to Clause 53 Article 2 of the Government’s Decree No. 01/2017/ND-CP dated January 06, 2017, coming into force from March 03, 2017.
113 This Clause is added according to Clause 53 Article 2 of the Government’s Decree No. 01/2017/ND-CP dated January 06, 2017, coming into force from March 03, 2017.
114 This Clause is added according to Clause 54 Article 2 of the Government’s Decree No. 01/2017/ND-CP dated January 06, 2017, coming into force from March 03, 2017.
115 This Article is added according to Clause 55 Article 2 of the Government’s Decree No. 01/2017/ND-CP dated January 06, 2017, coming into force from March 03, 2017.
116 This Clause is amended according to Clause 26 Article 1 of the Government’s Decree No. 148/2020/ND-CP dated December 18, 2020, coming into force from February 08, 2021.
117 This Point is amended according to Clause 27 Article 1 of the Government’s Decree No. 148/2020/ND-CP dated December 18, 2020, coming into force from February 08, 2021.
118 This Clause is amended according to Clause 57 Article 2 of the Government’s Decree No. 01/2017/ND-CP dated January 06, 2017, coming into force from March 03, 2017.
119 This Clause is added according to Clause 28 Article 1 of the Government’s Decree No. 148/2020/ND-CP dated December 18, 2020, coming into force from February 08, 2021.
120 This Article is added according to Clause 58 Article 2 of the Government’s Decree No. 01/2017/ND-CP dated January 06, 2017, coming into force from March 03, 2017.
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122 This Clause is amended according to Clause 59 Article… of the Government’s Decree No. 01/2017/ND-CP dated January 06, 2017, coming into force from March 03, 2017.
123 This Clause is amended according to Clause 59 Article… of the Government’s Decree No. 01/2017/ND-CP dated January 06, 2017, coming into force from March 03, 2017.
124 This Clause is amended according to Clause 59 Article… of the Government’s Decree No. 01/2017/ND-CP dated January 06, 2017, coming into force from March 03, 2017.
125 This Clause is amended according to Clause 59 Article… of the Government’s Decree No. 01/2017/ND-CP dated January 06, 2017, coming into force from March 03, 2017.
126 This Clause is amended according to Clause 59 Article… of the Government’s Decree No. 01/2017/ND-CP dated January 06, 2017, coming into force from March 03, 2017.
127 This Clause is amended according to Clause 59 Article… of the Government’s Decree No. 01/2017/ND-CP dated January 06, 2017, coming into force from March 03, 2017.
128 This Section is added according to Clause 29 Article 1 of the Government’s Decree No. 148/2020/ND-CP dated December 18, 2020, coming into force from February 08, 2021.
129 Article 6 of the Government’s Decree No. 01/2017/ND-CP dated January 06, 2017, coming into force from March 03, 2017, stipulates as follows:
“Article 6. Implementation
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2. Ministries, ministerial agencies, Governmental agencies, provincial People’s Committees shall be responsible for providing guidance on the implementation of relevant articles and Clauses in this Decree, reviewing and amending the documents promulgated in adherence to this Decree.
3. Ministers, heads of ministerial agencies, heads of Governmental agencies, Chairpersons of People’s Committees at all levels, and other relevant organizations and individuals are responsible for the implementation of this Decree.”
Article 12, Article 13 and Article 14 of the Government’s Decree No. 136/2018/ND-CP dated October 05, 2018, coming into force from October 05, 2018, stipulate as follows:
“Article 12. Transition
1. Regulatory authorities shall not request the satisfaction of regulatory requirements, receive and process applications according to trade and investment requirements, and simplified administrative procedures hereof.
2. Applications received before the date of entry into force of this Decree shall be processed in accordance with regulations of decrees applicable at the time of application receipt.
Article 13. Effect
This Decree comes into force from the date on which it is signed.
Article 14. Responsibility for implementation
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Article 4 and Article 5 of the Government’s Decree No. 148/2020/ND-CP dated December 18, 2020, coming into force from February 08, 2021, stipulate as follows:
“Article 4. Transition
1. In case where a land parcel used for production and business purposes as specified in Article 16 of the Decree No. 43/2014/ND-CP includes the land area allocated by the State for management purposes, agricultural land used for public purposes, and is possibly split into an independent project, but the State has issued a decision to expropriate and allocate or lease the land parcel to an investor before the effective date of this Decree, the investor may continue to use the land till the expiration of the land allocation or lease term. In cases where the land expropriation decision has been issued but the land allocation or lease decision is not yet available, the provisions of this Decree shall apply.
For cases where the provincial People's Committees have approved the receipt of transferred LURs, receipt of capital contributions, or lease of agricultural LURs for the implementation of non-agricultural investment projects before the effective date of the Decree, if the investor has not made the agreement with the land user, and the use of the land for implementation of the project conforms to the approved land use planning or plan, after 36 months from the date of signature of the written approval, the investor shall have to repeat the procedures for petitioning the provincial People’s Committee to grant approval under the provisions of this Decree.
2. In case a state authority competent to grant certificates of LURs and ownership of house and other property on land finds that the certificate has been granted unlawfully, and notifies the land user of clear reasons for revocation of the certificate before the effective date of this Decree, but the land expropriation decision has not yet been issued, the certificate must be revoked under the provisions of this Decree.
3. Self-financed public service providers that have been leased land by the State to invest in the construction and commercial operation of technical infrastructure of industrial parks, export processing zones and industrial complexes before the effective date of this Decree may continue using the land for the remaining period, and may sublease the land after their investments in infrastructure according to regulations.
4. For investment projects on construction and business of residential houses for sale or for combined sale and lease purposes at wards of central-affiliated grade-I cities, which have obtained lawful written consent by provincial People's Committees to transfer of LURs in the form of subdivision of land parcels and sale of land plots before the effective date of this Decree, they may be continued.
5. For cases where competent authorities have allocated or leased land parcels not through the auction of LURs, for cases of exemption from land levies under Point b Clause 2 Article 118 of the Land Law before the effective date of this Decree, land use may be continued.
Article 5. Implementation
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2. This Decree shall abolish Clause 4 Article 41 of the Decree No. 43/2014/ND-CP; Clauses 8, 10, 15, 31, 46 and 56 Article 2 of the Decree No. 01/2017/ND-CP.
3. The phrase “dồn điền đổi thửa” (“consolidation and swap of land parcels”) in Clause 4 Article 76 of the Decree No. 43/2014/ND-CP is abrogated.”
Article 15 of the Government’s Decree No. 104/2022/ND-CP dated December 21, 2022, coming into force from January 01, 2023, stipulates as follows:
“Article 15. Implementation responsibility and clauses
1. Ministers, heads of ministerial agencies, heads of Governmental agencies and Chairpersons of provincial People’s Committees are responsible for the implementation of this Decree and announce administrative procedures within the ambit of their assigned functions.
2. This Decree comes into force from January 01, 2023.
3. From the effective date of this Decree, administrative procedures and public services requiring submission and presentation of physical household registration books and temporary residence registration books shall be processed or provided using available information on residence as prescribed in Article 14 of this Decree.”
Article 4 and Article 5 of the Government’s Decree No. 10/2023/ND-CP dated April 03, 2023, coming into force from May 20, 2023, stipulates as follows:
“Article 4. Transition
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2. Applications for auction of LURs which have received before the effective date of this Decree shall be processed in accordance with regulations of law in force at the time of application receipt.
3. Applications for revision of decisions on land expropriation, land allocation, land lease or land repurposing issued by the Prime Minister of Vietnam before July 01, 2004 shall be processed in accordance with regulations in force before the effective date of this Decree.
Article 5. Implementation
1. This Decree comes into force from May 15, 2023.
2. The phrase “nơi đăng ký hộ khẩu thường trú” (“where permanent residence specified in family register is registered") is replaced with the phrase “nơi đăng ký thường trú” (“where permanent residence is registered”) in Article 3a of the Government’s Decree No. 43/2014/ND-CP dated May 15, 2014 (as amended by Clause 2 Article 2 of the Government’s Decree No. 01/2017/ND-CP dated January 06, 2017).
3. The phrase “cấp giấy chứng nhận quyền sử dụng đất, quyền sở hữu nhà ở và tài sản khác gắn liền với đất đối với trường hợp được ủy quyền theo quy định” (“issue certificates of LURs and ownership of house and other property on land, if authorized as per regulations”) in Clause 4 Article 2 of the Government’s Decree No. 01/2017/ND -CP is replaced with the phrase “cấp, xác nhận thay đổi giấy chứng nhận quyền sử dụng đất, quyền sở hữu nhà ở và tài sản khác gắn liền với đất theo quy định” (“issue, or make endorsements in, certificates of LURs and ownership of house and other property on land as per regulations”).
4. Phrases in Appendixes enclosed with the Decree No. 148/2020/ND-CP dated December 18, 2020 are replaced as follows:
a) The phrase “Chứng minh nhân dân” (“ID card”) is replaced with the phrase “Chứng minh nhân dân/thẻ căn cước công dân/số định danh cá nhân” (“ID card/citizen identity card/personal identification number”) in Form No. 01;
b) The phrase “Chứng minh nhân dân, Thẻ căn cước cá nhân” (“ID card, citizen identity card”) is replaced with the phrase “Chứng minh nhân dân/thẻ căn cước công dân/số định danh cá nhân” (“ID card/citizen identity card/personal identification number”) in Form No. 02;
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5. The following regulations shall be abrogated:
a) Clauses 4 and 5 Article 5b of the Government’s Decree No. 43/2014/ND-CP dated May 15, 2014 (as added by Clause 6 Article 2 of the Government's Decree No. 01/2017/ND-CP dated January 06, 2017);
b) Clauses 14, 23, 45 and 62 Article 2, Clause 6 Article 3 of the Government’s Decree No. 01/2017/ND-CP dated January 06, 2017;
c) Clauses 6 and 7 Article 1 of the Government’s Decree No. 148/2020/ND-CP dated December 18, 2020;
130 This Clause is added according to Clause 60 Article… of the Government’s Decree No. 01/2017/ND-CP dated January 06, 2017, coming into force from March 03, 2017.
131 This Clause is added according to Clause 60 Article… of the Government’s Decree No. 01/2017/ND-CP dated January 06, 2017, coming into force from March 03, 2017.
132 This Clause is added according to Clause 61 Article 2 of the Government’s Decree No. 01/2017/ND-CP dated January 06, 2017, coming into force from March 03, 2017.
133 This Article is amended according to Clause 62 Article 2 of the Government’s Decree No. 01/2017/ND-CP dated January 06, 2017, coming into force from March 03, 2017, as amended by Clause 12 Article 1 of the Government’s Decree No. 10/2023/ND-CP dated April 03, 2023, coming into force from May 20, 2023.
File gốc của Integrated document No. 08/VBHN-BTNMT dated September 19, 2023 Decree on elaboration of the Land Law đang được cập nhật.
Integrated document No. 08/VBHN-BTNMT dated September 19, 2023 Decree on elaboration of the Land Law
Tóm tắt
| Cơ quan ban hành | Bộ Tài nguyên và Môi trường |
| Số hiệu | 08/VBHN-BTNMT |
| Loại văn bản | Văn bản hợp nhất |
| Người ký | Lê Minh Ngân |
| Ngày ban hành | 2023-09-19 |
| Ngày hiệu lực | 2023-09-19 |
| Lĩnh vực | Bất động sản |
| Tình trạng | Còn hiệu lực |