Chapter III
RULES ON THE USE OF VARIOUS TYPES OF LAND
I. FARM LAND AND FORESTRY LAND
Article 42
Farm land is any land identified as being intended primarily for use in agricultural production, such as cultivation, animal husbandry and aquaculture, and including research and experimentation in agriculture.
Article 43
Forest land is any land identified as being intended primarily for production activity in forestry such as natural forest land, afforestation, timber production and land used for forest nurseries, improvement and transformation of forests and research on and experimentation in forestry.
Article 44
Each household shall only plant annual crops within an area not exceeding three hectares of farm land in accordance with the limit stipulated by the Government for each locality.
The Government shall make provisions on the rules for land administration and land use in cases where the area used by a household exceeds the limit referred to above.
The Government shall stipulate the area of farm land on which perennial crops may be planted, and the area of unsused land, bare hills and mountains, waste land, and reclaimed land which households may use for agricultural production, afforestation, and aquaculture.
Article 45
Depending upon the availability and characteristics of, and demand for land in localities, the people's committees of the provinces and cities under central authority shall reserve an area not exceeding five per cent of the total land area of each village in order to meet the social requirements of each locality. The Government shall make basic provisions on the use of this category of land.
Article 46
The use of garden land is provided for as follows:
1. The State shall issue policies which include provision for the encouragement and protection of organizations and households which and individuals who engage in intensive cultivation to increase the output from their garden lands, and in accordance with zoning schemes, to convert vacant land, bare hills and mountains.
2. Gardening on rice cultivation land shall be in accordance with land use zoning and planning, and shall be subject to the approval of the people's committees of the districts, provincial districts, provincial capitals and provincial cities concerned.
Article 47
The use of inland water surfaces for aquaculture and other purposes is provided for as follows:
1. Any ponds, lakes, or marshlands which cannot possibly be allocated to one household or one individual, shall be allocated to several households, individuals, or economic organizations for use;
2. Where lakes and marshlands are located within the areas of different villages, their use shall be stipulated by the people's committee of the provincial district. Where they are located within the areas of different provincial districts, their use shall be stipulated by the people's committee of the province. In respect of water reservoirs located within the areas of different provinces, the organization of aquaculture, and the protection, production, and exploitation of aquatic products shall be provided for by the Government.
3. Use of the water surface of lakes, marshlands, rivers and canals shall be in accordance with the regulations relating to environment protection, and shall not obstruct communication and transportation.
4. The use of inland water surfaces, as stipulated in this Article shall be in accordance with the provisions on technical criteria of the relevant departments.
Article 48
The use of coastal land for farming, aquaculture and forestry shall be in accordance with the following provisions:
1. It shall be in conformity with land use zoning and planning as approved by the competent State body;
2. It shall ensure the protection of land against increase in alluvium and sedimentation of coastal land;
3. It shall contribute to the protection of the ecosystem and the environment;
4. It shall not obstruct national security defence or ocean transportation.
Article 49
Any alluvium extracted from rivers shall be administered by the people's committee of the village where the river is located, and its use shall be decided by the people's committee of the district. In the event of disputes, the competent State bodies referred to in articles 38 and 39 of this Law shall make the final decision.
Article 50
The administration and use of recently reclaimed land along the area coast shall be stipulated by the Government.
Article 51
The people's committees of the provinces and cities under central authority shall, in accordance with State policy regarding religion and depending on the availability of land in the locality, determine the amount of land to be allocated to institutions for pagodas, churches and other places of religious worship on the basis of the current use of land by these institutions.
II. LAND FOR RURAL RESIDENTIAL AREAS
Article 52
Land for rural residential areas is any land identified as being intended for the building of houses and other supporting facilities for rural living.
Residential land for each household in rural areas includes land for building houses and other supporting facilities for family life.
Article 53
The use of residential land in rural areas shall comply with the relevant schemes and must he convenient for production, daily life, and social administration.
The State shall issue policies aimed at creating favourable conditions for the maximum use to be made of existing residential areas and restrictions imposed on the expansion of these areas at the expense of farm land.
Article 54
Depending on the availability of land within each locality, the people's committees of the provinces and cities under central authority shall determine the amount of land to be allocated to each household in rural areas for use for residential purposes in accordance with the stipulations of the Government, which amount shall not exceed four hundred (400) square metres. In respect of regions where prevailing traditions are such that members of different generations live together under the same roof, or where there are special natural condition, a larger area of land for habitation may be designated provided that, in total, it shall not exceed twice the limit which applies to that region.
III. URBAN LAND
Article 55
Urban land is any land located within cities, towns and townships which is used for the building of dwelling houses and offices of establishments, organizations and manufacturing and business establishments, and for the construction of infrastructure for the purposes of public interest, national defence and security, and other purposes.
Article 56
Whenever urban land is used, it is inevitable that there will be construction of infrastructure.
The administration and use of urban land shall be in accordance will approved urban zoning and land use planning, and other provisions of the Law.
Pursuant to Articles 8, 23, 24 and 25 of this Law, the Government shall stipulate provisions relating to the allocation of urban land to organizations, households, and individuals.
Article 57
The State shall establish zones for the building of dwelling houses in urban areas and shall issue policies which create favourable conditions for the habitation of urban residents.
In respect of regions which are zoned for residential purposes, the people's committees of the provinces and cities under central authority shall decide the allocation of land in accordance with the provisions of the Government.
Article 58
Land used for public purposes is any land used for the construction of roads, bridges, sewers, pavements, water supply and drainage systems, rivers, lakes, dykes, dams, schools, hospitals, markets, parks, flower gardens, recreation facilities for children, squares, sports grounds, airports, sea ports and other public facilities in accordance with the provisions of the Government.
The construction of projects on land used for public purposes shall be in accordance with the purposes for use of this category of land and shall be subject to the approval of the competent State body.
Article 59
Land allocated to organizations and individuals for the construction of projects in different fields and sectors such as the economy, culture, society, science, technology, foreign affairs, national defence and security, and for the construction of offices of organizations shall conform with the urban zoning schemes approved by the competent State body.
Article 60
The use of urban land for purposes of national defence and security shall be submitted by the Ministry of National Defence and the Ministry of the Interior to the Government for approval.
Article 61
1. The use of urban land for the purposes of agriculture and forestry shall be in accordance with the provisions on environment protection, urban beautification and urban zoning.
2. Park land, protected natural bushland and beauty spots shall be planned in accordance with the requirements of urban development and shall be managed in accordance with the provisions of the Government.
3. The use of land designated for urban development outside the edge of cities and towns shall be in strict accordance with the zoning and land use planning for that land.
IV. SPECIALIZED LAND
Article 62
Specialized land is any land identified as being destined for uses other than agriculture, forestry, and habitation. It includes land to be used for the construction of projects in the areas of industry, science and technology, transport, irrigation, dykes, culture, social needs, education, public health, sports facilities, land for national security and defence, land to be used in the exploration and exploitation of mineral resources, rock and sand, salt marshes, ceramics, bricks, tiles other building materials, land containing historical and cultural relics and places of interest, land used for cemeteries, and land with water surfaces used for purposes other than agriculture.
Article 63
The use of land for the construction of projects in the fields of industry, science and technology, culture, education, public health, sport, social needs and services shall, in addition to complying with the provisions of this Law, comply with the feasibility study and design plan of each project.
Article 64
The use of land for the construction of transport, irrigation, dykes, hydroelectric stations, water pipelines, power lines, and oil and gas pipelines shall be in accordance with the following stipulations:
1. It shall be in strict accordance with the feasibility study and design. It shall be efficient, and shall not cause damage to adjacent land;
2. It shall be in strict accordance with provisions on the use of land for the safe implementation of these types of projects:
3. It may also be used for the purpose of aquaculture and other purposes provided that the main purpose of the use of specialized land is not prevented from being implemented;
4. The people's committee of the villages, wards, and townships shall, in conjunction with the management body of the project, be responsible for the protection of land and safety in accordance with the technical requirements of the projects stated in this article.
Article 65
1. Land used for national security and defence shall include:
(a) Land used to accommodate armed forces units;
(b) Land used for the construction of air force, naval and other military bases;
(c) Land used for the construction of national defence projects; battle fields and special projects;
(d) Land used for the construction of military railway stations and ports;
(e) Land used for the construction of projects in the fields of industry, science and technology for the purpose of national defence, or for national defence projects combined with economic purposes;
(f) Land used for the construction of store houses for the armed forces;
g) Land used for the construction of shooting grounds, training grounds and test sites;
h) Land used for the construction of schools, hospitals and sanatoriums of the armed forces;
(i) Land used for the construction of other national security and defence projects shall be stipulated by the Government.
2. The administration and use of land designated for national security and defence purposes shall be stipulated by the Government. The people's committees of the provinces and cities under central authority shall implement State administration of land used for national security and defence within their localities.
3. The State shall issue policies which ensure land for the habitation of officers, soldiers and national defence personnel in accordance with provisions of articles 54 and 57 of this Law.
4. The transfer of land used for national defence and security purposes for use for other purposes shall be decided by the Government.
Article 66
Land to be used in the exploration for and exploitation of minerals, including stone, sand and other quarrying shall be allocated on the basis of the following:
1. A licence issued by the competent State body;
2. The use of land shall ensure measures for the protection of the environment, treatment of wastes, and other measures which ensure that no damage is caused to other land users of the surrounding regions;
3. At the termination of its use, the land must be returned to the State as stipulated in the land allocation decision.
Article 67
Land to be used for the purposes of making ceramics, bricks, tiles, and for the exploitation and production of other building materials, shall be allocated on the basis of the following provisions:
1. A licence issued by the competent State body;
2. The implementation of necessary measures to ensure that no damage is caused to production, livelihoods and the environment;
3. At the termination of its use, the land must be transformed so that it may be used again for other suitable purposes.
Article 68
Any land which sustains high productivity of high quality salt shall be protected and shall be the subject of priority for salt production.
The State shall encourage the use and development of those land areas with the potential for salt production in response to the needs of society.
Article 69
Land which is classified as containing historical and cultural relics and places of interest must be strictly protected in accordance with the provisions of the law.
In exceptional case where land containing a historical or culture relic or a place of interest is required for other purposes, the approval of the competent State body must be obtained.
Article 70
Land to be used as cemeteries must be planned for high density burials, located far from population centres, be convenient for burial services and visits, and satisfy health regulations and the rules regarding economical use of land.
Article 71
Depending on the primary purposes determined in respect of each geographical land area with water surfaces, the State shall allocated this land for use by appropriate organizations, households and individuals.
Rules on the administration and use of land with water surface shall be stipulated by the Government.
V. UNUSED LAND
Article 72
Unused land is any land, the use of which, whether for agriculture, aquaculture, forestry, rural or urban residental areas or other specialized purposes, has not been determined, and in respect of which allocation has not been made by the State to any organization, household or individual for use on a stable and long-term basis.
The Government shall proceed with the appropriate zoning and planning and formulate policies aimed at encouraging, and creating favourable conditions for, organizations, households and individuals to use the unused land effectively in agricultural production, forestry and for other suitable purposes.
Tìm kiếm
Luật Đất đai 1993 (Bản Word)