Chương IV Luật Đất đai 1993: Quyền và nghĩa vụ của người sử dụng đất

Chapter IV

RIGHTS AND OBLIGATIONS OF LAND USERS

Article 73

Land users shall be entitled to the following rights:

1. To be issued with a certificate of the right to use land;

2. To benefit from the results of their labour and their investment on the land allocated;

3. To transfer the right to use the land in accordance with the provisions of the law;

4. To enjoy the benefit derived from public projects of land protection and improvement;

5. To receive State guidance and assistance in the process of land improvement and fertilization;

6. To enjoy State protection against infringement of their legal land use rights; to be indemnified for actual losses incured in the event that the land currently used by them is recovered;

7. To contribute their land for the purposes of production and business cooperation in accordance with the law and with the purposes for which the land was allocated;

8. To make complaints in respect of, or to denounce conduct which violates their legal rights to use land and other conduct which breaches the Law on Land.

Article 74

Any households which or individuals who use farm land or forest land for afforestation or habitation shall, on the basis of living and production requirements, be entitled to transfer the right to use land, provided that the land is used in accordance with the purposes and during the period for which it was allocated.

Article 75

1. Households which or individuals who use farm land or forest land for afforestation shall be entitled to transfer their rights to use land in the event of the following:

(a) Moving to another place;

(b) Carrying on another profession;

(c) No longer having the capacity to work.

2. Any households which or individuals who use land for habitation and move to another place or no longer require land for habitation shall be entitled to transfer the right to use land.

The transfer of land must be approved by the competent State body.

The transferee must use the land for its intended purpose.

Article 76

1. Any individual who has been allocated farm land by the State for cultivation of annual crops or aquaculture shall, after his death, be entitled to bequeath the right to use land to his successors in accordance with the provisions of the Law on Inheritance.

2. If any member of a household which has been allocated farm land for cultivation of annual crops or aquaculture dies the other members of the household shall be entitled to continue to enjoy the use of the area of land previously allocated to them. Where there are no other members of the family the land shall revert to the State.

3. Any individuals who, or members of households which have been allocated land for cultivation of perennial crops, afforestation or for habitation, may bequeath their right to use land to their successors after their death in accordance with the provisions of the Law on Interiance.

Article 77

1. Any household which or individuals who use farm land or forest land for afforestation shall be entitled to mortgage their right to use land to the State Bank of Vietnam, or to credit organizations in Vietnam which are permitted by the State to provide loan capital for production.

2. Any households which, or individuals who use residential land shall, on the basis of living and production requirements, be entitled to mortgage their rights to use land to Vietnamese economic organizations and other individuals in Vietnam.

Article 78

Any household which, or individuals who use farm land for cultivation of perennial crops or aquaculture shall, in the event of a lack of manpower, difficulties or change of profession which is not stable, be entitled to rent the land previously allocated to them for a period which shall not exceed three years. In exceptional cases, the period may be extended as stipulated by the Government. Those who rent land must use it for the intended purpose.

Article 79

Land users shall be subject to the following obligations:

1. To ensure that land is used strictly in accordance with its intended purpose, that its use is confined within its allocated boundaries and complies with all other conditions stipulated at the time of allocation;

2. To ensure land protection and take necessary measures to increase the capacity for land use;

3. To comply with the regulations relating to environment protection and protect the legal interests of users of adjacent land;

4. To pay taxes for the right to use land and for the transfer of the right to use land; and to pay fees relating to cadastral mapping in accordance with the law;

5. To pay fees for land use when the land is allocated in accordance with the provisions of the law;

6. To compensate previous users from whom land is recovered for reallocation;

7. To return the land when a decision of the State is issued for the recovery of the land.