Chương I Luật Đất đai 1993: Những quy định chung

Chapter I

GENERAL PROVISIONS

Article 1

Land is the property of the people, and is subject to administration by the State.

The State shall allocate land to economic organizations, units of the people's armed forces, State bodies, political and social organizations (hereinafter generally called organizations), family households, and individuals for use on a stable and long term basis. The State shall also allocate land to organizations, family households, and individuals (hereinafter referred to as land users on a rental basis).

The State allows foreign organizations and individuals to rent land.

Article 2

1. Those who are using land on a stable basis, as certified by the People's Committees of villages, wards and townships, shall be assessed by an authorised State body and issued with a land use right certificate.

2. The State shall not recover land already allocated to other land users during the implementation of the land policies of the Democratic Republic of Vietnam, the Provisional Revolutionary Government of the Republic of South Vietnam, and the Socialist Republic of Vietnam.

3. The State shall promulgate policies which guarantee the allocation of land for production to those who work in the agriculture, aquaculture, and forestry industries.

Article 3

1. The State shall protect the legal rights and interests of land users.

2. Any households or individuals shall have the right to exchange, transfer, rent, inherit, or mortgage the right to use land allocated by the State.

The above-mentioned rights may only be exercised during the period for which the land is allocated, and in accordance with the purpose for which the land is allocated, pursuant to the provisions of this Law and other laws.

The rights and obligations of a domestic organization which was allocated land which it, rents from the State shall be stipulated by the Standing Committee of the National Assembly.

Article 4

All land users shall be responsible for the protection, improvement, and nourishment of the land, and use it rationally and effectively. They shall be responsible for the observance of all procedures relating to the zoning of land, and payment of tax levied on the transfer of the right to use land and on other revenue received in accordance with the provisions of the law.

Article 5

The State shall encourage all land users to invest labour, materials, capital, and scientific and technological know-how for the following purposes:

- Increase in the utilization value of the land;

- Intensive cultivation and propagation of crops and for the increased efficiency of land use;

- Reclamation of waste and unused land and of land from the sea, cultivation of waste land, bare hills, and coastal sand dunes in order to expand the land available for farming, forestry, aquaculture, and salt production;

- Land protection, improvement, and fertilization;

- Economical land use.

Article 6

All forms of land appropriation, illegal transfer of the right to use land, improper use of the land allocated, and destruction of the land shall be prohibited.

Article 7

The National Assembly shall exercise the ultimate powers of decision and supervision regarding national land administration and land use.

The people's councils at all levels shall, on behalf of the State, exercise ultimate powers of decision and supervision regarding land management and land use in their localities.

Article 8

The Government shall, on behalf of the State, uniformly administer land.

The people's committees at all levels shall, on behalf of the State, administer land within their respective local areas and within the scope of their respective authority, as stated in this Law.

Heads of agencies responsible for land administration at central level shall be responsible to the Government, and heads of local agencies responsible for land administration shall be responsible to the people's committees of the same level in respect of the administration of land by the State.

Article 9

Ministers, heads of bodies at ministerial level, and heads of departments of the Government shall, to the extent of their respective duties and powers, be responsible for ensuring the correct and effective use of the land which has been allocated to bodies and departments under their authority.

Article 10

The Fatherland Front of Vietnam and its member organizations, other social and economic organizations, units of the people's armed forces, and all citizens shall support the State authorities in their implementation of measures aimed at protecting the land and ensuring its rational and economic use in accordance with planning and the law.

State bodies shall, within the scope of their respective duties and powers, consider and resolve petitions presented by other State bodies, economic organizations, units of the people's armed forces, and citizens for successful implementation of measures for land protection and use.

Article 11

Land is categorized, depending on the main purpose for which it is intended to be used, as follows:

1. Farm land;

2. Forestry land;

3. Land for residential areas;

4. Urban land;

5. Specialized land;

6. Unused land.

Article 12

The State shall determine prices applicable to each category of land for the purpose of tax calculation (in respect of transfer of the right to use land), revenue collection (in respect of land allocation and rent), valuation of property (in respect of land allocation), and compensation for damages when land is recovered. The Government shall provide a price list for each category of land for each different area and for each period of time.