CHƯƠNG II Luật đất đai 2003: Quyền của nhà nước đối với đất đai và Quản lý nhà nước về đất đai

Chapter II

THE STATE’S RIGHTS TO LAND AND STATE MANAGEMENT OVER LAND

Section 1. COMPILATION AND MANAGEMENT OF ADMINISTRATIVE BOUNDARY DOSSIERS AND ASSORTED LAND-RELATED MAPS

Article 16.- Administrative boundaries

1. The Government directs the delimitation of administrative boundaries, the compilation and management of administrative boundary dossiers at all levels throughout the country.

The Ministry of Home Affairs provides for the order and procedures of delimiting the administrative boundaries, managing administrative boundary markers and dossiers.

The Ministry of Natural Resources and Environment provides for the techniques and economic norms in implanting administrative boundary markers and compiling administrative boundary dossiers at all levels.

2. The People’s Committees at all levels organize the delimitation of administrative boundaries on the field and the compilation of administrative boundary dossiers within their respective localities.

Article 17.- Administrative boundary dossiers

1. An administrative boundary dossier includes:

a) The competent State agency’s decision on the establishment of the administrative unit or the administrative boundary adjustment (if any);

b) The administrative boundary map;

c) The diagram on locations of administrative boundary markers;

d) The table of coordinates of administrative boundary markers, typical points on the administrative boundary line;

e) The description of the general administrative boundary situation;

f) The record certifying the description of the administrative boundary line;

g) The statistical ticket on geographical elements related to the administrative boundary;

h) The record on the hand-over of administrative boundary markers;

i) The statistics of documents on administrative boundaries of the subordinate administrative units.

2. The administrative boundary dossiers of any levels are archived at the People’s Committees of such levels, the People’s Committees of higher levels, the Ministry of Home Affairs, the Ministry of Natural Resources and Environment.

3. The administrative boundary dossiers of the subordinate levels are certified by the immediate-superior People’s Committees; the administrative boundary dossiers of the provinces and centrally-run cities are certified by the Ministry of Home Affairs.

4. The commune/ward/township People’s Committees have the responsibility to manage the administrative boundary markers on the fields in their respective localities; in cases where administrative boundary markers are removed or damaged, they must report such in time to the People’s Committees of rural districts, urban districts, provincial capitals or towns.

Article 18.- Administrative maps

1. The administrative maps of any localities are drawn up on the basis of the administrative boundary maps of such localities.

2. The drawing up of administrative maps is stipulated as follows:

a) The Ministry of Natural Resources and Environment directs the drawing of the administrative maps of all levels throughout the country and organizes the drawing of national, provincial and municipal administrative maps;

b) The provincial/municipal People’s Committees organize the drawing of administrative maps of rural districts, urban districts, provincial capitals and towns.

Article 19.- Cadastral maps

1. The cadastral maps are components of the cadastral dossiers in service of the uniform State management over the land.

2. The Ministry of Natural Resources and Environment directs the surveys, measurement, drawing and management of cadastral maps nationwide.

3. The provincial/municipal People’s Committees organize the surveys, measurement, drawing and management of cadastral maps in their respective localities.

4. The cadastral maps are managed and archived at the land management agencies of the provinces, centrally-run cities, rural districts, urban districts, provincial capitals, towns and the People’s Committees of the communes, wards, townships.

Article 20.- Land use status quo maps and land use planning maps

1. The land use status quo maps are drawn up once every five years in association with the land inventory prescribed in Article 53 of this Law to serve the management of land use plannings and plans.

2. The land use planning maps are drawn up once every 10 years in association with the land use planning periods prescribed in Article 24 of this Law.

The land use planning maps of communes, wards or townships, drawn up on the cadastral maps, are called the detailed land use planning maps.

3. The Ministry of Natural Resources and Environment directs the surveys, measurement, drawing and management of land use status quo maps, the land use planning maps nationwide and organize the drawing of land use status quo maps and land use planning maps of the whole country.

4. The People’s Committees having the responsibility to conduct land inventories in any localities shall have the responsibility to organize the drawing of land use status quo maps of such localities.

The  People’s Committees having the responsibility to organize the elaboration of land use plannings of any localities shall have the responsibility to organize the drawing of the land use planning maps of such localities.

Section 2. LAND USE PLANNINGS, PLANS

Article 21.- The principles for elaboration of land use plannings and plans

The elaboration of land use plannings and plans must ensure the following principles:

1. Being compatible with the strategies, overall plannings, plans on socio-economic development, defense and security;

2. Being elaborated from the whole to details; the land use plannings and plans of the subordinate levels must be compatible with the land use plannings and plans of the superior levels; the land use plans must conform to the land use plannings already decided on and approved by competent State agencies;

3. The land use plannings and plans of the superior levels must express the land use demands of the subordinate levels;

4. Thrifty and efficient use of land;

5. Rational exploitation of natural resources and environmental protection;

6. Protection and renovation of historical and cultural relics, scenic places;

7. Democracy and publicity;

8. The land use plannings and plans of each period must be decided, approved in the last year of the previous period.

Article 22.- Grounds for elaboration of land use plannings, plans

1. Grounds for elaboration of land use plannings include:

a) The strategies and overall plannings on socio-economic development, defense and security of the whole country; plannings on development of branches and localities;

b) The State’s socio-economic development plans;

c) The natural, economic and social conditions and the market demands;

d) The land use status quo and land use demands;

e) The land use norms;

f) The scientific and technological advances related to land use;

g) The results of implementation of the land use plannings of the previous period.

2. Grounds for elaboration of land use plans include:

a) The land use plannings already decided on and approved by competent State agencies;

b) The five-year and annual socio-economic development plans of the State;

c) The land use demands of organizations, households, individuals, population communities;

d) The results of implementation of the previous period’s land use plans;

e) Investment capability for implementation of projects, works using land.

Article 23.- Contents of land use plannings, plans

1. The contents of a land use planning include:

a) Survey, studies, analysis and sum up of the natural, economic and social conditions and the land use status quo; the evaluation of land potential;

b) Identification of land use orientations and objectives in the planning period;

c) Determination of areas of assorted land distributed for socio-economic development, defense and security demands;

d) Determination of areas of land to be recovered for the implementation of works, projects;

e) Determination of measures for land use, protection and improvement and environmental protection;

f) Solutions to organize the implementation of land use plannings.

2. The contents of a land use plan include:

a) The analysis and evaluation of the results of implementation of the previous period’s land use plans;

b) The plans on recovery of assorted land areas for distribution to infrastructure construction demands; industrial and service development; urban and rural residential quarter development; defense, security;

c) The plans on transfer of land areas under wet rice and forest land to other use purposes, the restructure of the use of land within the agricultural land;

d) The land reclamation plans to expand land areas to be used for various purposes;

e) Details of the five-year land use plan to every year;

f) Solutions to organize the implementation of land use plans.

Article 24.- Land use planning, plan periods

1. The period of land use planning of the whole country, provinces, centrally-run cities, rural districts, urban districts, provincial capitals, towns, communes, wards or townships is ten years.

2. The period of land use plan of the whole country, the provinces, centrally-run cities, rural districts, urban districts, provincial capitals, towns, communes, wards or townships is five years.

Article 25.- Elaboration of land use plannings, plans

1. The Government organizes the elaboration of land use plannings and plans of the whole country.

2. The provincial/municipal People’s Committees organize the elaboration of their respective local land use plannings and plans.

3. The People’s Committees of the rural districts of the provinces organize the elaboration of the land use plannings and plans of their respective localities as well as the land use plannings and plans of townships in their respective districts.

The People’s Committees of rural and urban districts of the centrally-run cities and the People’s Committees of the provincial capitals or towns organize the elaboration of land use plannings and plans of their respective localities as well as land use plannings and plans of their subordinate administrative units, except for cases prescribed in Clause 4 of this Article.

4. The People’s Committees of the communes not lying in the urban development planning areas in the land use planning period organize the elaboration of land use plannings and plans of their respective localities.

5. The land use plannings of communes, wards or townships are elaborated in details associated to land plots (hereinafter called the detailed land use plannings); in the course of elaborating the detailed land use plannings, the agencies which organize the elaboration of land use plannings must gather comments of people.

The land use plans of communes, wards or townships are elaborated in details associated to land plots (hereinafter called the detailed land use plans).

6. The People’s Committees have the responsibility to organize the elaboration of land use  plannings and plans and submit them to the People’s Councils of the same level for adoption before submitting such land use plannings and plans to competent State agencies for consideration and approval.

7. The land use plannings and plans must be submitted simultaneously with the socio-economic development plans.

Article 26.- Competence to decide on, consider and approve the land use plannings and plans

1. The National Assembly decides on the land use plannings and plans of the whole country, which are submitted by the Government.

2. The Government considers and approves the land use plannings and plans of the provinces and centrally-run cities.

3. The provincial/municipal People’s Committees consider and approve the land use plannings and plans of their immediate subordinate administrative units.

4. The People’s Committees of the rural districts, provincial capitals or towns consider and approve the commune land use plannings and plans prescribed in Clause 4, Article 25 of this Law.

Article 27.- Adjustment of land use plannings, plans

1. The adjustment of land use plannings shall be made only in the following cases:

a) There is the adjustment of socio-economic development, defense or security objectives, which has been decided and approved by competent State agencies, and such adjustment alters the land use structure;

b) The land use purposes, structure, position and/or acreage have changed due to the impacts of natural calamities or war;

c) There is the adjustment of land use planning by the superior authorities, which directly affects the land use planning of their own level;

d) There is the adjustment of administrative boundaries of the localities.

2. The adjustment of land use plans shall be made only when there appears the adjustment of land use planning or there appears a change in the capability to implement the land use plans.

3. The contents of land use planning adjustment constitute a part of the contents of the land use planning. The contents of land use plan adjustment constitute a part of the contents of the land use plan.

4. The State agencies competent to decide, approve the land use plannings and plans of any levels shall be competent to decide and approve the adjustment of the land use plannings, plans of such levels.

Article 28.- Announcement of land use plannings, plans

Within no more than thirty working days as from the date they are decided on or approved by competent State agencies, the land use plannings and/or plans must be publicized according to the following regulations:

1. The People’s Committees of communes, wards or townships have the responsibility to publicize the detailed land use plannings, the detailed land use plans of their respective localities at their offices;

2. The land management agencies at all levels have the responsibility to publicize the land use plannings, plans of their respective localities at their offices and on the mass media;

3. The publicization of land use plannings and plans at the offices of the People’s Committees and the offices of the land management agencies shall be effected throughout the effective land use planning, plans periods.

Article 29.- Implementation of land use plannings, plans

1. The Government shall organize and direct the implementation of land use plannings and plans of the whole country; examine the implementation of land use plannings and plans of the provinces and centrally-run cities.

The People’s Committees of the provinces, centrally-run cities, rural districts, urban districts, provincial capitals, provincial towns shall organize and direct the implementation of land use plannings and plans of their respective localities; examine the implementation of the land use plannings and plans of their immediate subordinate localities.

The People’s Committees of the communes, wards or townships shall organize and direct the implementation of land use plannings and plans of their respective localities; detect and stop acts of using land in contravention of the publicized land use plannings and/or plans.

2. In cases where the publicized land use plannings and/or plans cover land areas to be recovered but the State has not yet recovered the land, paid the compensations and cleared the ground, the land users may continue using such land for the purposes already determined before the announcement of the land use plannings and/or plans; if the land users no longer have the use demands, the State shall recover the land and pay the compensations or provide supports according to the provisions of law.

The State strictly prohibits all activities of building or investing on one’s own will immoveables in land areas to be recovered for the implementation of land use plannings and/or plans. In cases where there are demands to renovate, repair dwelling houses and/or constructions affixed to the to be-recovered land, which change the sizes and/or grades of the existing works, the permission of the competent State agencies is required.

3. For land areas inscribed in the publicized land use plans, which must be recovered for the execution of projects, works or must be subject to land use purpose change and the plans therefor have not been realized within three years, the State agencies competent to approve the land use plans must adjust or cancel such plans and make the announcement thereon.

Article 30.- Plannings, plans on use of land for defense, security purposes

1. The Ministry of Defense, the Ministry of Public Security shall elaborate plannings and plans on the use of land for defense or security purposes and submit them to the Government for consideration and approval.

2. The Government shall specify the elaboration, consideration and approval, adjustment and implementation of the plannings and plans on the use of land for defense or security purposes.

Section 3. LAND ASSIGNMENT, LAND LEASE, CHANGE OF LAND USE PURPOSES

Article 31.- Grounds for land assignment, land lease, change of land use purposes

Grounds for deciding to assign land, lease land or permit the change of land use purposes include:

1. Land use plannings and/or plans or urban construction plannings, rural population quarter construction plannings, which have already been considered and approved by competent State agencies;

2. Land use demands reflected in investment projects, written applications for land assignment, land lease or land use purpose change.

Article 32.- Assigning or leasing land being used by some one to other persons

The decisions to assign or lease land being used by some one to other persons shall be executed only after the issuance of decisions to recover such land.

Article 33.- Assigning land without collecting the land use levies

The State shall assign land without collecting the land use levies in the following cases where:

1. Households and/or individuals are directly engaged in agricultural labor, forestry, aquaculture, salt making and assigned agricultural land within the quotas prescribed in Article 70 of this Law;

2. Organizations use land for purposes of research, testing, experimentation in agriculture, forestry, aquaculture or salt making;

3. People’s armed force units are assigned land by the State for agricultural production, forestry, aquaculture, salt making or production in combination with defense or security tasks;

4. Organizations use land for construction of dwelling houses in service of resettlement under the State’s projects;

5. Agricultural cooperatives use land as grounds for construction of the cooperatives’ offices, drying yards, warehouses; the construction of service establishments in direct service of agricultural production, forestry, aquaculture, salt making;

6. People use protective forest land; special-use forest land; land for construction of working offices, construction of non-business facilities prescribed in Article 88 of this Law; land used for defense or security purposes; traffic or irrigation land; land for construction of cultural, medical, education and training, physical training and sport projects in service of public interests and other public works not for business purposes; land used for cemeteries and graveyards;

7. Population communities use agricultural land; religious establishments use non-agricultural land as prescribed in Article 99 of this Law.

Article 34.- Assigning land with the collection of land use levies

The State shall assign land with the collection of land use levies in the following cases where:

1. Households and individuals are assigned residential land;

2. Economic organizations are assigned land for use for purposes of investment in the construction of dwelling houses for sale or lease;

3. Economic organizations are assigned land for use for purposes of investment in the construction of infrastructures for transfer or lease;

4. Economic organizations, households and individuals are assigned land for use as ground for construction of production and/or business establishments;

5. Economic organizations, households and individuals use land for the construction of public works for business purposes;

6. Economic organizations are assigned land for agricultural production, forestry, aquaculture, salt making;

7. Overseas Vietnamese are assigned land for execution of investment projects.

Article 35.- Land lease

1. The State leases land with the collection of annual land rents in the following cases:

a) Households and individuals rent land for agricultural production, forestry, aquaculture, salt making;

b) Households and individuals have the demands to continue using the agricultural land areas assigned in excess of quotas before January 1, 1999 while the land use duration has expired under the provisions in Clause 2, Article 67 of this Law;

c) Households and individuals have used agricultural land in excess of land assignment quotas from January 1, 1999 to before the date this Law takes effect, excluding land areas acquired due to the transfer of land use rights;

d) Households and individuals rent land for use as ground for construction of production and/or business establishments, mineral activities, production of building materials, making pottery articles;

e) Households and individuals use land for construction of public works for business purposes;

f) Economic organizations, overseas Vietnamese, foreign organizations and individuals rent land for execution of investment projects for agricultural production, forestry, aquaculture, salt making; for use as ground for construction of production and/or business establishments; construction of public works for business purposes; construction of infrastructures for transfer or lease; for mineral activities, production of building materials, making pottery articles;

g) Foreign organizations with diplomatic functions rent land for construction of working offices.

2. The State leases land with the collection of land rents in lump sum for the whole leasing terms in the following cases:

a) Overseas Vietnamese, foreign organizations and individuals rent land for execution of investment projects on agricultural production, forestry, aquaculture, salt making; for use as ground for construction of production and/or business establishments; construction of public works for business purposes; construction of infrastructures for transfer or lease; for mineral activities, production of building materials, making pottery articles; construction of dwelling houses for sale or lease;

b) Foreign organizations with diplomatic functions rent land for construction of working offices.

Article 36.- Change of land use purposes

The change of land use purposes among different land categories prescribed in Article 13 of this Law shall be effected as follows:

1. Cases where the land use purpose change requires permission of competent State agencies include:

a) Changes from land under wet rice cultivation to land under perennial trees, forestation land, aquaculture land;

b) Changes from special-use forest land, protective forest land to land used for other purposes;

c) Changes from agricultural land to non-agricultural land;

d) Changes from non-agricultural land assigned by the State without the collection of land use levies to non-agricultural land assigned by the State with the collection of land use levies or leased by the State;

e) Changes from non-agricultural land other than residential land to residential land;

2. For cases of land use purpose change other than the cases prescribed in Clause 1 of this Article, the land users must not apply for permission of competent State agencies, but have to register it with the offices of organizations competent to register the land use rights (hereinafter called collectively the land use registries) of the People’s Committees of the communes where exists the land;

3. Upon the change of land use purposes as provided for in Clauses 1 and 2 of this Article, the land use regimes, the rights and obligations of land users shall comply with the land categories after the change of use purposes; the land use duration shall comply with the provisions in Article 68 of this Law;

4. Upon the change of land use purposes in the cases prescribed at Points c, d and e of Clause 1, this Article, the land users must fulfill their financial obligations according to the following regulations:

a) Paying land use levies according to land categories after the change of use purposes, for cases of change from protective forest land, special-use forest land, non-agricultural land without the collection of land use levies to non-agricultural land with the collection of land use levies;

b) Paying land use levies according to land categories after the change of use purposes, subtracting the land use right values of the land categories before the change of use purposes, which are calculated at the land prices set by the State at the time of being allowed to change the land use purposes, for cases of change from land under annual crops, land under perennial trees, production forest land, aquaculture land, salt-making land to non-agricultural land with the collection of land use levies;

c) Paying land use levies according to land categories after the change of use purposes, subtracting the land use levies paid according to the land categories before the change of use purposes, for cases of change from non-agricultural land other than residential land to residential land;

d) Paying land rents according to the land categories after the change of use purposes for cases where the land users select forms of land renting;

e) The calculation of the land use right values shall apply to the regime of land use levy exemption and reduction according to the Government’s regulations.

Article 37.-  Competence to assign land, to lease land, to permit the change of land use purposes

1. The People’s Committees of the provinces and centrally-run cities shall decide to assign land, to lease, land and permit the change of land use purposes for organizations; assign land to religious establishments assign land, lease land to overseas Vietnamese;  lease land to foreign organizations and individuals.

2. The People’s Committees of the rural districts, urban districts, provincial capitals or towns shall decide on land assignment, land lease and permit the change of land use purposes for households, individuals; assign land  to population communities.

3. The People’s Committees of the communes, wards or townships shall lease land in the agricultural land funds for use for purposes of public utility of communes, wards or townships.

4. Agencies competent to decide to assign land, lease land and permit the change of land use purposes, defined in Clauses 1, 2 and 3 of this Article must not authorize others to do so.

Section 4. LAND RECOVERY

Article 38.- Cases of land recovery

The State shall recover land in the following cases:

1. The State uses land for the purposes of defense, security, national interests, public interests, economic development;

2. Organizations, which are assigned land by the State without the collection of land use levies, are assigned land by the State with the collection of land use levies which originate from the State budget, or are leased land with the collection of annual land rents, are dissolved, go bankrupt, move to other locations, reduce or no longer have land use demands;

3. Land is used not for the right purposes, is used inefficiently;

4. The land users deliberately destroy land;

5. Land is assigned not to the right subjects or ultra vires;

6. Land is encroached upon, occupied in the following cases:

a) Unused land is encroached upon, occupied;

b) Land not entitled to use purpose change under the provisions of this Law and the land users, due to their irresponsibility, let the land be encroached upon, occupied;

7. Individual land users die without any heirs;

8. Land users voluntarily return the land;

9. Land users deliberately refuse to fulfill their obligations towards the State;

10. Land, which is assigned or leased by the State for definite terms, is not entitled to the extension of its use duration upon the expiry thereof;

11. Land under annual crops is not used for twelve months in a row; land under perennial trees is not used for eighteen months in a row; land for forestation is not used for twenty four months in a row;

12. Land assigned or leased by the State for execution of investment projects is not used for twelve months in a row or the use tempo is twenty four months slower than the tempo inscribed in the investment projects, as from the time of receiving of the land on the field, without the permission of the agencies competent to assign or lease such land.

Article 39.- Recovering land for use for purposes of defense, security, national interests, public interests

1. The State shall recover land, pay compensations, clear ground after the land use plannings and/or plans are publicized or when the investment projects with the land use demands being in line with the land use plannings and/or plans are considered and approved by competent State agencies.

2. At least ninety days before land recovery, for agricultural land, and one hundred and eighty days, for non-agricultural land, the competent State agencies shall have to notify the persons with land to be recovered of the reasons for recovery, time and plan for evacuation, the overall schemes for compensations, ground clearance and resettlement.

3. After the availability of decisions on land recovery and schemes for compensations, ground clearance and resettlement, which have already been considered and approved by competent State agencies, publicized and have come into force, the persons with land to be recovered must abide by the decisions on land recovery.

In cases where the persons with land to be recovered refuse to abide by the land recovery decisions, the People’s Committees competent to recover land shall issue decisions on coercive execution of the decisions. The persons subject to coercive land recovery must abide by the decisions on coercion and have the right to lodge their complaints.

Article 40.- Recovering land for use for purposes of economic development

1. The State shall recover land for use for purposes of economic development in case of investment in the construction of industrial parks, high-tech parks, economic zones and big investment projects as provided for by the Government.

The land recovery shall comply with the provisions in Article 39 of this Law.

2. For production and/or business projects which are compatible with the approved land use plannings, the investors are entitled to receive the transfer of, to rent the land use rights, to receive capital contributed with the land use rights of economic organizations, households and/or individuals without having to carry out the procedures for land recovery.

Article 41.- Recovery of land and management of recovered land funds

1. The State shall decide to recover land and assign land to land fund development organizations set up by the People’s Committees of provinces or centrally-run cities for the recovery of land, compensations, ground clearance and direct management of the recovered land funds, for cases where after the land use plannings and/or plans are publicized but no investment projects are available.

2. The State shall recover land, pay compensations, clear the ground and assign land to investors for execution of projects, for cases where there have been investment projects already considered and approved by competent State agencies.

3. The agencies competent to recover land shall conduct the land recovery for cases prescribed in Clauses 2, 3, 4, 5, 6, 7, 8, 9, 10, 11 and 12 of Article 38 of this Law and assign the recovered land in rural areas to the commune People’s Committees for management, assign the recovered land in urban areas and regions already planned for urban development to land fund development organizations for management.

Article 42.- Compensations, resettlement for people with land to be recovered

1. The State shall recover land from land users who have the land use right certificates or are eligible to be granted the land use right certificates as provided for in Article 50 of this Law, the persons with land to be recovered shall be compensated therefor, except for cases prescribed in Clauses 2, 3, 4, 5, 6, 7, 8, 9, 10, 11 and 12 of Article 38 and Points b, c, d, e and g, Clause 1, Article 43 of this Law.

2. The persons with land to be recovered shall be compensated with the assignment of new land of the same use purposes; if having no land for compensations, shall be compensated with the land use right value at the time of issuance of the recovery decisions.

3. The People’s Committees of the provinces and centrally-run cities shall elaborate and execute resettlement projects before the land recovery for compensations with dwelling houses, residential land for persons having residential land recovered and having to move their places of residence. The resettlement zones shall be planned generally for many projects in the same geographical areas and must have development conditions being equal to or better than the conditions in the former places of residence.

In cases of having no resettlement zones, the persons having land recovered shall be compensated with money and given priority to purchase or lease dwelling houses under the State’s ownership, for urban areas; be compensated with residential land, for rural areas; in cases where the use right value of the recovered residential land is larger than that of the compensation land, the persons having land recovered shall be compensated with money for such differences.

4. In case of recovering land of households and/or individuals, that are directly engaged in production, but having no land for compensation for continued production, apart from pecuniary compensations, the persons having land recovered shall be supported by the State to stabilize their lives, with training for change of their production and/or business lines, with the arrangement of new jobs.

5. In cases where land users who are compensated by the State upon the recovery of their land have not yet fulfilled their land-related financial obligations according to law provisions, the value of the unfulfilled financial obligations must be subtracted from the value of compensation and support.

6. The Government shall stipulate the compensations and resettlement for the persons having land recovered and the support for implementation of land recovery.

Article 43.- Cases of land recovery without compensations

1. The State shall recover land without making land compensation in the following cases:

a) The land is recovered in cases prescribed in Clauses 2, 3, 4, 5, 6, 7, 8, 9, 10, 11 and 12 of Article 38 of this Law;

b) Protective forest land; special-use forest land; land for construction of working offices, non-business projects; land used for defense or security purposes; traffic or irrigation land; land for construction of cultural, medical, educational and training, physical training and sport projects as well as other public works not for business purposes; land for cemeteries, graveyards;

c) Agricultural land used by population communities;

d) Land assigned by the State with the collection of land use levies, acquired by the land use right transfer and the land use levies or land use right transfer money originate from the State budget;

e) Land rented from the State;

f) Cases ineligible for the granting of land use right certificates as prescribed in Article 50 of this Law;

g) Agricultural land used for purposes of public utility of communes, wards or townships.

2. Upon the land recovery by the State, the persons having land recovered shall not be compensated for the assets affixed to the land in the following cases:

a) The assets affixed to land are created in the recovered land areas after the land use planning and/or plans, urban construction plannings and/or rural population quarter construction plannings have already been publicized, without the permission of the competent State agencies;

b) The assets affixed to land are created before the issuance of land recovery decisions, in contravention of the land use purposes already determined in the land use plannings and/or plans at the time of building such works;

c) The land is recovered in the cases prescribed in Clauses 4, 6, 7 and 10 of Article 38 of this Law.

3. Persons having land recovered, who are defined in Clause 1 but do not fall under Clause 2 of this Article, shall be compensated for the losses of assets affixed to the recovered land.

4. The Government shall stipulate the handling of land use levies, land rents and assets already invested on the land in cases of land recovery prescribed in Clause 2, 3, 5, 8, 9, 11 and 12 of Article 38 of this Law.

Article 44.- Competence to recover land

1. The People’s Committees of the provinces or centrally-run cities shall decide to recover land from organizations, religious establishments, overseas Vietnamese, foreign organizations and individuals, excluding cases prescribed in Clause 2 of this Article.

2. The People’s Committees of rural districts, urban districts, provincial capitals or provincial towns shall decide to recover land from households, individuals, population communities or overseas Vietnamese being subjects entitled to buy dwelling houses closely associated with the rights to use residential land in Vietnam.

3. The State agencies competent to recover land as defined in Clauses 1 and 2 of this Article must not authorize others to do so.

Article 45.- Acquisition of land for a given duration

1. The State shall effect definite acquisition of land in cases of urgent demands of wars, natural calamities or in other emergency circumstances.

Upon the expiry of the land acquisition duration or the attainment of the acquisition purposes, the State shall return land and pay compensations for damage caused by the land acquisition to persons subject thereto.

2. The Government shall specify the land acquisition.

Section 5. REGISTRATION OF LAND USE RIGHTS, COMPILATION AND MANAGEMENT OF CADASTRAL DOSSIERS, GRANTING OF LAND USE RIGHT CERTIFICATES, LAND  TATISTICS AND INVENTORY

Article 46.- Registration of land use rights

The registration of land use rights shall be effected at land use right registries in the following cases:

1. The current land users have not yet been granted land use right certificates;

2. The land users exchange, transfer, inherit, donate, lease, sublease the land use rights; mortgage, provide guarantee or contribute capital with the land use right under the provisions of this Law;

3. The land use right transferees;

4. The land users who have been already granted the land use right certificates and are permitted by competent State agencies to change their names, change the land use purposes, change the land use duration or the boundaries of land plots alter;

5. The persons who are entitled to use land under judgements or decisions of People’s Courts, judgement execution decisions of judgement execution bodies, land dispute settlement decisions of competent State agencies, which have already been executed.

Article 47.- Compilation and management of cadastral dossiers

1. The cadastral dossiers shall include:

a) Cadastral maps;

b) Cadastral books;

c) Land-itemizing books;

d) Land  change-monitoring books.

2. The contents of cadastral dossiers shall contain the following information on land plots:

a) Serial numbers, sizes, shapes, acreage, locations;

b) Land plot users;

c) Origin, use purposes and duration;

d) Land prices, assets affixed to land, land-related financial obligations already performed and not yet performed;

e) Land use right certificates, rights of, and restrictions on the rights of land users;

f) Fluctuations in the land use courses and other relevant information.

3. The Ministry of Natural Resources and Environment shall prescribe the cadastral dossiers and guide the compilation, adjustment and management thereof.

Article 48.- Land use right certificates

1. Land use right certificates shall be granted to land users in a unified form applicable nationwide for all land categories.

In cases where there exist assets affixed to land, such assets shall be acknowledged in the land use right certificates; the asset owners must register their property ownership according to law provisions on real estate registration.

2. The land use right certificates shall be issued by the Ministry of Natural Resources and Environment.

3. Land use right certificates shall be issued for every land plots.

In cases where the land use rights constitute the common property of the husband and the wife, the land use right certificates must be inscribed clearly with the full names of both the husband and the wife.

In cases where a land plot is used jointly by many individuals, households and/or organizations, the land use right certificate shall be issued to each co-user being individual, household and/or organization.

In cases where a land plot is under the common use right of a population community, the land use right certificate shall be granted to the population community and handed to the lawful representative of such population community.

In cases where a land plot is under the common use right of a religious establishment, the land use right certificate shall be granted to such religious establishment and handed to the top responsible person of such religious establishment.

The Government shall specify the granting of land use right certificates for condominiums and agencies’ lodgements.

4. In cases where the land users have already been granted land use right certificates or certificates of the rights to own dwelling houses and to use land in urban centers, they shall not have to change such certificates for the land use right certificates under the provisions of this Law. Upon land use right transfer, the land use right transferees shall be granted the land use right certificates according to the provisions of this Law.

Article 49.- Cases where land use right certificates are granted

The State shall grant land use right certificates to the following cases:

1. The persons who are assigned or leased land by the State, except for case of renting agricultural land for use for purposes of public utility of communes, wards or townships;

2. The persons who are assigned or leased land by the State from October 15, 1993 to before the date this Law takes implementation effect but have not yet been granted the land use right certificates;

3. The persons who are using land under the provisions in Articles 50 and 51 of this Law and have not yet been granted the land use right certificates;

4. The persons who are entitled to exchange, to be transferred, to inherit, to be presented or donated with, the land use rights; the persons who are transferred the land use right upon the handling of contracts on mortgage or guarantee with the land use rights to recover debts; land-using organizations which are legal persons newly formulated through capital contribution with the land use rights by the parties;

5. The persons who are entitled to use land under judgements or decisions of People’s Courts, judgement execution decisions of judgement execution bodies or land dispute settlement decisions of competent State agencies, which have been already executed;

6. The winners at auctions on the land use rights or bidding for projects involving land use;

7. The land users defined in Articles 90, 91 and 92 of this Law;

8. The purchasers of dwelling houses affixed to residential land;

9. The persons who are sold by the State dwelling houses affixed to residential land at liquidation or discount prices.

Article 50.- Granting land use right certificates to households, individuals or population communities, that are currently using land

1. Households and individuals, that are using land in a stable manner, with certification by commune/ward/township People’s Committees that it is free from disputes, and have one of the following papers shall be granted land use right certificate and must not pay the land use levies:

a) The papers on the right to use land before October 15, 1993, issued by competent agencies in the course of implementing the land policies of the Democratic Republic of Vietnam State, the Provisional Revolutionary Government of the Republic of South Vietnam or the Socialist Republic of Vietnam State;

b) The temporary land use right certificates issued by competent State agencies or having one’s names in the land registers, cadastral books;

c) The lawful papers on inheritance, presentation or donation of land use right or assets affixed to land; papers on hand-over of gratitude houses affixed to land;

d) Papers on transfer of land use rights, on purchase and sale of dwelling houses affixed to residential land before October 15, 1993, and now being certified by commune/ward/township People’s Committees as having been used before October 15, 1993;

e) Papers on sale at liquidation or discount prices of dwelling houses affixed to residential land according to law provisions;

f) Papers granted by competent agencies of former regimes to land users.

2. Households and individuals, that are using land and have one of the papers prescribed in Clause 1 of this Article, which are inscribed with the names of other persons, and papers on the land use right transfer, which are signed by the involved parties, but that, before the date this Law takes implementation effect, have not yet carried out the procedures for the land use right transfer under the provisions of law and now get the certification of the commune/ward/or township People’s Committee that such land is free from disputes, shall be granted the land use right certificates and must not pay the land use levies.

3. Households and individuals, that are using land and have permanent residence registration in localities and are directly engaged in agricultural production, forestry, aquaculture or salt-making in mountainous or island regions under difficult socio-economic conditions, and now certified by the commune People’s Committees of the localities where exists the land that they are stable land users without any disputes, shall be granted land use right certificates and must not pay the land use levies.

4. Households and individuals, that are using land without any papers prescribed in Clause 1 of this Article but the land has been used in a stable manner before October 15, 1993, is now certified by commune/ward/district township People’s Committees as being free from disputes and compatible with the approved land use plannings for areas where the land use plannings are available, shall be granted the land use right certificates and must not pay the land use levies.

5. Households and individuals, that are entitled to use land under judgements or decisions of People’s Courts, judgement execution decisions of judgement execution bodies or land dispute settlement decisions of competent State agencies, which have been already executed, shall be granted the land use right certificates after they fulfill the financial obligations as provided for by law.

6. Households and individuals, that are using land without any papers prescribed in Clause 1 of this Article but the land has been used from October 15, 1993 to before the date this Law takes implementation effect and is now certified by commune/ward/ township People’s Committees as being free from disputes and compatible with the approved land plannings, for areas where the land use plannings are available, shall be granted the land use right certificates and must pay the land use levies according to the Government’s regulations.

7. Households and individuals currently using land, that have been assigned or leased land by the State from October 15, 1993 to before the date this Law takes implementation effect and have not yet been granted the land use right certificates, shall be granted the land use right certificates; in cases where they have not yet fulfilled the financial obligations, they must fulfill them as provided for by law.

8. The population communities which are using land with works being communal houses, temples, shrines, secluded huts, ancestral worshipping houses shall be granted the land use right certificates when the following conditions are met:

a) They file written applications for the granting of land use right certificates;

b) They are given certification by commune/ward/township People’s Committees that the land is used commonly for the communities and free from disputes.

Article 51.- Granting land use right certificates to organizations, religious institutions, which are using land

1. Organizations which are using land shall be granted the land use right certificates for the land areas used for the right purposes and with efficiency.

2. The land areas being used by organizations but not granted the land use right certificates shall be settled as follows:

a) The State shall recover the land areas left unused, used not for the right purposes or used inefficiently;

b) Organizations must hand over the land areas already used as residential land to the People’s Committees of rural districts, urban districts, provincial capitals or provincial towns for management; in cases where the State enterprises engaged in agricultural production, forestry, aquaculture or salt making and assigned land by the State but such enterprises have permitted households and/or individuals to use part of the land fund as residential land, they must rearrange the residential land areas into population quarters and submit them to the People’s Committees of provinces or centrally-run cities where exist the land for consideration and approval before they are handed over to the localities for management.

3. For economic organizations which select form of land rent, the provincial/municipal land-management agencies shall carry out procedures for signing land-renting contracts before granting the land use right certificates.

4. Religious establishments which are using land shall be granted land use right certificates when the following conditions are met:

a) The religious establishments are permitted to operate by the State;

b) There are written requests of the religious organizations, which possess such religious establishments;

c) There are certifications of the land use demands of such religious establishments by the People’s Committees of the communes, wards or township where exists the land.

Article 52.- Competence to grant land use right certificates

1. The People’s Committees of the provinces or centrally-run cities shall grant land use right certificates to organizations, religious establishments, overseas Vietnamese, foreign organizations and individuals, except for the cases prescribed in Clause 2 of this Article.

2. The People’s Committees of the rural districts, urban districts, provincial capitals or provincial towns shall grant land use right certificates to households, individuals, population communities, overseas Vietnamese who buy dwelling houses associated to the residential-land use rights.

3. The agencies competent to grant land use right certificates, defined in Clause 1 of this Article, may authorize the land management agencies of the same level to do so.

The Government shall prescribe the conditions for authorization of the granting of land use right certificates.

Article 53.- Land statistics and inventories

1. Land statistics and inventories shall be carried out according to the following regulations:

a) Units conducting land statistics and inventories shall be communes, wards and townships;

b) The land statistics shall be carried out once a year;

c) The land inventories shall be carried out once every five years.

2. Responsibilities to conduct land statistics and inventories are prescribed as follows:

a) The People’s Committees at all levels shall organize the land statistics and inventories in their respective localities;

b) The People’s Committees of the rural districts, urban districts, provincial capitals, provincial towns, communes, wards or townships shall report on the land statistics and inventory results in their respective localities to the immediate superior People’s Committees; the People’s Committees of the provinces and centrally-run cities shall report on their land statistics and inventory results to the Ministry of Natural Resources and Environment;

c) The Ministry of Natural Resources and Environment shall send sum-up reports to the Government on the results of annual land statistics, the results of five-year land inventories of the whole country;

d) The Government shall report to the National Assembly on the five-year land inventory results simultaneously with the five-year land use plans of the whole country.

3. The Ministry of Natural Resources and Environment shall prescribe the statistical and inventory forms and guide the methods of land statistics and inventories.

Section 6. LAND-RELATED FINANCE AND LAND PRICES

Article 54.- Sources of State budget revenues from land

1. The sources of State budget revenues from land shall include:

a) Land use levies in cases of land assignment with the collection of land use levies, change of land use purposes from the land assigned by the State without the collection of land use levies to the land assigned by the State with the collection of land use levies, change from the form of land lease to the form of land assignment by the State with the collection of land use levies;

b) Land rents, for land leased by the State;

c) Land use tax;

d) Tax on income from land use right transfer;

e) Money collected from sanctioning of violations of land legislation;

f) Compensations paid to the State when damage is caused in land management and use;

g) Land management and use charges and fees.

2. The Government shall stipulate the collection of land use levies, land rents, fines on violations of land legislation, compensations paid to the State when damage is caused in land management and use.

Article 55.- Land prices

Land prices shall be formed in the following cases:

1. They are set by the provincial/municipal People’s Committees as provided for in Clauses 3 and 4 of Article 56 of this Law;

2. The land use rights are put up for auction or the projects involving land use are open to bidding;

3. The land prices are agreed upon between the land users and the involved persons upon the exercise of the right to transfer, lease or sublease the land use rights; to contribute capital with the land use rights.

Article 56.- Land prices prescribed by the State

1. The setting of land prices by the State must ensure the following principles:

a) They are close to the actual prices of land use right transfer on the market under normal conditions; in case of big differences as compared to the actual prices of land use right transfer in the market, appropriate adjustment must be made;

b) Land plots which are adjacent to each other, share the same natural, economic, social, infrastructural conditions, have the same current use purposes, the same use purposes according to plannings shall have the same price levels;

c) Land in areas bordering on provinces and/or centrally-run cities, which share the natural and infrastructural conditions, has the same current use purposes, the same use purposes under plannings shall have the same price levels.

2. The Government shall stipulate the methods of determining the land prices; the price frames for various land categories in each region and  each period; cases where the land prices must be adjusted and the handling of adjacent-land price differences between provinces and/or centrally-run cities.

3. Basing themselves on the land price-determining principles prescribed in Clause 1 of this Article, the land price-determining methods and assorted-land price brackets prescribed by the Government, the provincial/municipal People’s Committees shall formulate the specific land prices in their respective localities and submit them to the People’s Councils of the same level for comments before making decisions thereon.

4. The land prices prescribed by the provincial/municipal People’s Committees shall be publicized on January 1 every year and used as basis for calculation of land use tax, income tax on land use right transfer; calculation of land use levies and land rents when land is assigned or leased without going through auctions of land use rights or bidding for projects involving the land use; calculation of land use right value when land is assigned without the collection of land use levies, registration fees, compensations upon land recovery by the State; calculation of compensations by people who have committed acts of violating land legislation and causing damage to the State.

Article 57.- Land price consultancy

1. Organizations which are fully qualified, capable and permitted to provide services on land prices may provide land price consultancy.

2. The determination of consulted land prices must comply with the land price-determining principles and land price-determining methods prescribed by the Government.

3. The consulted land prices shall be used for reference in the State management over land-related finance and in the land use right-related transaction activities.

Article 58.- Auction on land use rights, bidding for projects involving land use

1. The State shall assign land with the collection of land use levies, lease land in forms of land use right auction or bidding for projects involving the land use in the following cases:

a) Investment in the construction of dwelling houses for sale or lease;

b) Investment in the construction of infrastructures for transfer or lease;

c) Use of land funds to create capital for investment in the construction of production and/or business establishments;

d) Lease of land in the agricultural land funds, which is used for public-utility purposes, for agricultural production, forestry, aquaculture or salt making;

e) Other cases prescribed by the Government.

2. Conducting auctions of land use rights for execution of judgements, handling of contracts on mortgage of, or guarantee with, the land use rights, for debt recovery.

3. The winning prices of the land use right value auctions or bid winning prices of projects involving land use must not be lower than the land prices set by the provincial/municipal People’s Committees.

4. The auctions of the land use rights or bidding for projects involving land use, which are prescribed in Clauses 1 and 2 of this Article shall comply with the law provisions on auctions and bidding.

Article 59.- The land use right value in the property of the organizations assigned land by the State without the collection of land use levies and in the property of State enterprises

1. For organizations assigned land by the State without the collection of land use levies, the land use right value shall be calculated into the value of property assigned to such organizations; the organizations assigned land have the responsibility to preserve the land funds.

2. The State enterprises which are assigned land by the State with the collection of land use levies or transferred the land use rights and the paid land use levies or land use right transfer money have originated from the State budget, such money amounts shall be inscribed in the value of the State’s capital at the enterprises; the enterprises have the responsibility to preserve the land funds.

3. Upon the equitization of State enterprises for cases prescribed in Clause 2 of this Article where the equitized enterprises select the form of land assignment with the collection of land use levies, the value of the rights to use such land must be determined to be close to the actual land use right transfer prices on the market.

4. The Government shall specify the calculation of the land use right value for the cases prescribed in Clauses 1, 2 and 3 of this Article.

Article 60.- Exemption, reduction of land use levies, land rents

1. Land users who are assigned land by the State with the collection of land use levies or leased land, shall be entitled to exemption or reduction of land use levies or land rents in the following cases:

a) Land is used for the purposes of production and/or business in domains or geographical areas entitled to investment preferences;

b) Land is used for construction of public works for business purposes;

c) The policies on dwelling houses and/or residential land are implemented for people with meritorious services to the revolution, poor households, ethnic minority people in regions being under exceptionally difficult socio-economic conditions;

d) Factories, enterprises must be relocated under plannings;

e) Land is used for construction of condominiums for workers in industrial parks, students’ dormitories, dwelling houses for people who must be relocated due to natural calamities;

f) Other cases prescribed by the Government.

2. The Government shall specify the exemption and reduction of land use levies and/or land rents.

Section 7. LAND USE RIGHTS IN THE REAL ESTATE MARKET

Article 61.- Land is entitled to participate in the real estate market

Land entitled to participate in the real estate market shall cover:

1. The land for which this Law permits the land users to have one of the rights to exchange, transfer, lease, sublease, inherit, present or donate the land use rights; to mortgage, provide guarantee or to contribute capital with, the land use rights;

2. The leased land on which exist assets which are permitted by law for participation in the real estate market.

Article 62.- Conditions for land to participate in the real estate market

Land shall be entitled to participate in the real estate market if the users of such land satisfy all the conditions prescribed in Clause 1, Article 106 of this Law.

For cases where land is assigned or leased by the State for execution of investment projects, investment must be made in the land in strict accordance with the projects already approved by competent State agencies.

Article 63.- Land management in the development of real estate market

The State shall manage land in the development of real estate market through the following measures:

1. Organizing the registration of land use right transaction activities;

2. Organizing the registration of activities of land fund development, investment in the construction of real property for business;

3. Organizing the registration of activities of providing services in support of the real estate market;

4. Protecting the legitimate rights and interests of the people participating in land use right transactions in the real estate market;

5. Applying measures to stabilize the land prices and combat land speculation.

Section 8. ORGANIZING LAND MANAGEMENT AGENCIES

Article 64.- Land management agencies

1. The organizational system of the land management agencies is established uniformly from the central to grassroots levels.

2. The agency exercising the State management over the land at the central level is the Ministry of Natural Resources and Environment.

The local land management agencies are set up in the provinces, centrally-run cities; rural districts, urban districts, provincial capitals and provincial towns.

The land management agencies at any level are attached to the State administrative agencies at such level.

The local land management agencies have offices for land use right registration, which are public-service agencies performing the function of managing the original cadastral dossiers, uniformly correcting and editing the cadastral dossiers, serving the land users in exercising their rights and performing their obligations.

Article 65.- Cadastral officials of communes, wards and townships

1. Communes, wards and townships have their land administration officials.

2. The commune/ward/district township cadastral officials have the responsibility to assist the commune/ward/township People’s Committees in the management of land in the localities.

3. The commune/ward/district township cadastral officials are appointed and dismissed by the People’s Committees of rural districts, urban districts, provincial capitals, provincial towns.