Chương II Luật Đất đai 1993: Quản lý nhà nước về đất đai

Chapter II

ADMINISTRATION OF LAND

Article 13

State administration of land use shall include:

1. Investigation, survey, measure, assessment and classification of land, and drawing of land maps;

2. Zoning of land and planning for its use;

3. Promulgation of rules and regulations for land administration and use, and organization of the implementation of these rules and regulation;

4. Allocation, rental and recovery of land;

5. Land registration, establishing and maintaining land registers,

management of land use contracts, recording land statistics and inventories of land, and granting certificates of rights to use land;

6. Inspection to ensure compliance with rules and regulations on land administration and land use;

7. Resolution of land disputes and complaints, and denouncement of breaches of provisions on land administration and land use.

Article 14

1. The Government shall provide necessary guidance to the people's committees of the provinces and cities under central authority in their investigation, survey, measure, assessment and classification of land.

2. The higher people's committees shall provide necessary guidance to land administration bodies and the immediately subordinate people's committees on the monitoring of changes in land areas, categories of land, and land users, and the timely adjustment of land records so that they are in accordance with the actual use of land within their localities.

Article 15

1. The Government shall provide necessary guidance and organize the preparation of land maps nationally.

Land administration bodies at central level shall promulgate technical regulations and standards for the preparation of land maps.

2. The people's committees of provinces and cities under central authority shall provide necessary guidance and organize the preparation of land maps in their localities.

3. The original land maps shall be kept at the central land administration body, and copies of these shall be kept at the land administration offices of the provinces and cities under central authority, in districts, towns and cities of provinces, and at people's committees of communes, precincts, and wards. All copies shall be as equally valid as the original ones.

Article 16

1. The Government shall be in charge of national zoning and land use planning.

2. The people's committees at all levels shall be responsible for zoning and planning the use of land within their respective local areas, and shall submit these to the people's councils for approval, prior to their submission to an authorized State body for approval.

3. Ministries, bodies at ministerial level, and Government bodies shall, on the basis of their respective duties and powers, be responsible for zoning and planning the use of land within their jurisdiction, and shall submit these to the Government for approval.

4. Land administration bodies at central and local levels shall, in conjunction with the relevant bodies, assist the Government and the people's committees at all levels in zoning and land use planning.

Article 17

1. Land use zoning shall include:

(a) Zoning different categories of land such as farm land, forestry land, residential land, urban land, specialized land, and unused land for each different locality and nationally;

(b) Adjustment of the above mentioned zoning so that it is in accordance with each phase of social and economic development for each locality and nationally.

2. Land use planning shall include:

(a) Zoning the use of each category of land in each planning period.

(b) Adjusting the plans for land use so that they may be appropriate to the zones.

Article 18

Authority to approve and examine zoning and land use planning;

1. The National Assembly shall approve national zoning and land planning.

2. The Government shall examine and approve the zoning and land use planning by Ministries, bodies at ministerial level, Government bodies, and people's committees of the provinces and cities under central authority.

3. The people's committees at each level shall examine and approve the zoning and land use planning by the immediately subordinate people's committees.

4. An authorised State body shall be permitted to amend any zoning or planning approved by it.

Article 19

All decisions regarding the allocation of land shall be subject to the following requirements:

1. They must be made in accordance with the zoning or land use planning approved by authorised State bodies;

2. They must accord with the demand for land use stated in the feasibility study and in the original scheme approved by authorised State bodies, or in the application for land allocation.

Article 20

The State shall allocate land to organizations, households, and individuals for use on a stable and long term basis.

The duration of land allocation for use on a stable and long-term basis for planning annual trees and for aquaculture shall be twenty (20) years, and fifty (50) years for perennial trees. At the expiry of the duration, if the land user wishes to continue using the land the State shall comply with that wish, provided that the land user has strictly observed all laws relating to land during his period of occupancy.

The State shall allocate land to households and individuals for long-term use for the purpose of building residential houses, and shall only recover the land from them in circumstances stated in Articles 26 and 27 of this Law.

The duration of the allocation of land in other categories for long term and stable use shall be stipulated by the Government.

Article 21

Any decision in respect of the allocation to another user of land which is currently in use shall not be made until a decision on the recovery of that land has been issued.

Article 22

Organizations and households which, and individuals who were allocated with land for use in agriculture, forestry, aquaculture, and salt production shall not have to pay rent for that land. Payment of rent shall be required if land is allocated for other uses except where there is a reduction in or an exemption from rent as stipulated by the Government.

Article 23

The authority to allocate land for use other than in agriculture and forestry shall be stipulated as follows:

1. The Standing Committee of the National Assembly shall approve the annual plans submitted by the Government for the allocation of farm and forest land to other uses.

2. The Government shall examine and approve the annual plans submitted by the people's committees of the provinces and cities under central authority in respect of the allocation of farm land and forest land to other uses.

Where necessary, the Government shall approve the allocation of land for all other purposes in accordance with the overall zoning and land use planting approved by the National Assembly and the annual plans for changes in the purpose of the use of farm land and forest land as approved by the Standing Committee of the National Assembly.

3. The people's committees of the provinces and cities under central authority shall decide the allocation of land for uses other than agricultural production and forestry subject to the following limits:

(a) In respect of projects which are not referred to in point (b) of clause 3 of this article; up to one hectare of farm land, forest land, land for residential areas, or urban land, and up to two hectares of waste land or bare hills and mountains;

(b) In respect of projects dealing with the construction of roads, railways, water, oil, and gas pipelines, power lines, and dykes; up to three hectares of farm land, forest land, land for residental areas, or urban land, and up to five hectares of waste land and bare hills and mountains; and in respect of projects dealing with the construction of dams up to ten (10) hectares of waste land or bare hills and mountains;

(c) The allocation of farm land and forest land to households and individuals for the purpose of building houses; the allocation of specialized land for use for another specialized purpose or for housing construction; and the allocation of urban land shall be in accordance with the limit stipulated by the Government;

(d) The plan for allocation of rural residential land to households and individuals for housing construction shall be carried out by the people's committees of provincial districts, district capitals and provincial cities.

Article 24

The authority to allocate land for use in agriculture and forestry shall be as follows:

1. The people's committees of provinces and cities under central authority shall allocate land to organizations;

2. The people's committees of urban districts, district capitals and provincial cities shall allocate land to households and individuals.

Article 25

The State bodies with authority to allocate land as stated in Articles 23 and 24 of this Law shall be prohibited from delegating this authority to their subordinate bodies.

Article 26

Possession of the whole or part of any land which has been allocated to a land user shall revert to the State in the following cases:

1. Where the organization which has been allocated land dissolves, becomes bankrupt, moves elsewhere, or reduces its requirements for land in circumstances not referred to in Article 30 of this Law. Where the individual who has been allocated land has died and there is no successor who has the right to continue using the land.

2. Where the land user voluntarily gives up the right to possession of the land allocated.

3. Where the land user leaves the land unused for twelve (12) consecutive months without the authorization of the competent State body which allocated the land.

4. Where the land user does not have the intention to carry out its obligations to the State.

5. Where the land is used for a purpose other than for which it was allocated.

6. Where the land has been allocated beyond the authority of the relevant body as stated in Articles 23 and 24 of this Law.

Article 27

Where necessary, the State shall, for the purposes of national defence, security, national or public interest, recover profession of land which is currently being used. In such cases the land user shall be entitled to payment of compensation in respect of the recovery of possession by the State.

Article 28

Any State body which is authorized to determine the allocation of specified land shall also be authorized to regain possession of that land from its user.

Where the land is recovered for other uses, the purposes must be in accordance with the zoning and planning approved by the competent State bodies.

Prior to recovery of possession of the land, the land user shall be notified of the reasons for which the land is to be recovered; the time; the plan for transfer; and the methods of compensation.

In the event that an urgent need arises as a result of war or natural disasters, or during a state of emergency, the recovered of possession of land shall be determined by the people's committees at the level of, or superior to those of, districts, provincial districts, provincial capitals or provincial cities. At the end of the period for which possession of the land is recovered, the land shall be returned to its former user and compensation shall be paid for any losses incurred as a result of the recovery of possession in accordance with the provisions of the law.

Article 29

The Government and people's committees at all levels shall allocate land for rental to organizations, households, and individuals for production and business purposes in accordance with the provisions of this Law and other laws.

Article 30

The transfer of the right to use land shall be prohibited in the following cases:

1. Where the land is used without any legal documents.

2. Where the land is allocated to organizations which are prohibited from exercising the right to use land, as stipulated by the law.

3. Where the land is the subject of a dispute.

Article 31

1. Transfer of the right to use land shall, in the case of rural areas, be determined by the people's committees of the village and, in the case of urban areas, by the people's committees of provincial districts, provincial capitals and provincial cities.

2. Transfer of the right to use land shall, in the case of rural areas, be determined by the people's committees of districts and, in the case of urban areas, by the people's committees of provinces and cities under central authority.

Article 32

Land administration bodies at central level, of provinces and cities under the central authority, of district, provincial districts, provincial capitals, and provincial cities and cadastral officials of villages, wards and townships shall, on the basis of the powers and duties stipulated in this Law, submit proposals to the Government and people's committees of an equivalent level for decisions on the allocation, rental, and recovery of land.

Article 33

1. After an authorized State body has allocated land, or has authorized any change in the propose of land use, or where land currently in use has not been registered, the land user must apply for registration of the land with the State bodies referred to in clause 2 of this article.

The land user must also register at the village, ward or township in which his land is located.

2. The people's committees of villages, wards, and townships shall establish and maintain land registers, recording any unused land or changes in respect of land use.

Article 34

The land register shall be established in accordance with the sample forms of the central land administration body.

The land register shall be in accordance with the land maps and the current land use.

Article 35

Statistics and inventories, in relation to the qualitative and quantitative aspects of land shall be maintained as follows:

1. The body responsible for obtaining statistics and inventories, in relation to the qualitative and quantitative aspects of land shall be the body which establishes the land registered as stipulated in clause 2 of Article 33 of this Law.

2. The statistics regarding land shall be yearly.

3. The inventories of land shall be on a five- year basis.

4. People's Committees at all levels shall be responsible for organizing and carrying out the collection of land statistics and the inventorying of land within their localities.

5. Land administration bodies shall be responsible for reporting the statistics in relation to the quantitative and qualitative aspects of land to an immediately superior land administration body.

Article 36

The issuing of certificates of the right to use land shall be as follows:

1. The certificate of the right to use land shall be issued by a land administration body under central authority.

2. State bodies which are authorised to allocate land shall also have the authority to issue certificates of the right to use land. In cases where the Government decides the allocation of land, the people's committees of the provinces and cities under central authority shall issue certificates of the right to use land.

3. Where a parcel of land is used by individuals who are not from the same household or organization, a certificate of the right to use land shall be issued to each organization, household and individual.

Article 37

1. The Government and the people's committees at al levels shall conduct land inspections within the areas under their respective authority.

Land administration bodies at central and local levels shall assist the Government and the people's committees at the equivalent levels conducting land inspections.

2. Land inspections shall include the following:

(a) Inspection of the State administration of land carried out by the people's committees at all levels;

(b) Inspection of the observance of the Land Law by land users, and other organizations and individuals;

(c) Resolution of complaints and denouncements of breaches of the Land Law.

3. While conducting land inspections, the inspection team or individual inspectors shall be authorized to:

(a) Request that the relevant organizations, households, and individuals supply necessary documents for the purposes of inspection;

(b) Suspend temporarily the use of any land or part thereof which is unlawful and take responsibility before the law in respect of this decision, and at the same time report immediately to a State body which is authorized to deal with the matter;

(c) Deal with breaches of provisions on land administration and land use in accordance with the delegated powers, or petition authorized State bodies to resolve the same.

Article 38

1. The State shall encourage the resolution of all land disputes through conciliation.

The people's committees of villages, wards and townships shall coordinate with the Fatherland Front of Vietnam and its member organizations, the Peasants' Association, social and economic organizations, and all citizens, to resolve land disputes through concilitation.

2. All disputes regarding land use rights (where the land user does not have a certificate issued by an authorized State body) shall be resolved by the people's committees in accordance with the following provisions:

(a) The people's committees of districts, provincial districts and provincial cities shall resolve disputes between individuals and households, between individuals or households and organizations, and between organizations under their authority;

(b) The people's committees of the provinces and cities under central authority shall resolve disputes between organizations, or between organizations and households or individuals which are under their own authority or under central authority;

(c) Where any party disagrees with the decision of the People's Committees, it may appeal to higher State administration bodies. The decision at the higher State administration body level shall be final.

3. Disputes in relation to land use rights (where land users have a certificate granted by the authorized State body), and in relation to structures which are closely connected to the use of that land shall be resolved by a court of law.

Article 39

Disputes between administrative units in relation to land use rights (in respect of boundaries) shall be resolved jointly by the people's committees and the administrative units concerned. In the event that a unanimous decision cannot be reached, or the decision leads to a change of the land boundaries of the administrative units, the determination of the dispute shall be as follows:

1. Where the land dispute relates to the land boundaries of an administrative unit under provincial authority, the dispute shall be decided by the Government.

2. Where the land dispute relates to the land boundaries of an administrative unit of provinces and cities under central authority, the dispute shall be resolved by the National Assembly.

Article 40

Land administration bodies at central and local levels shall assist the Government and people's committees at the equivalent level respectively in resolving land disputes.

Article 41

Land administration bodies shall be established at central level, in provinces and cities under central authority, in districts, provincial districts, provincial capitals and provincial cities, and in villages, wards and townships which have land officials.

Land administration bodies at each level shall be under the authority of the State administrative body at the equivalent level. The land officials of villages, wards and townships shall be under the authority of the people's committees at the equivalent level.