Chương V Nghị định 181/2004/NĐ-CP: Đăng ký quyền sử dụng đất, lập và quản lý hồ sơ địa chính, cấp giấy chứng nhận quyền sử dụng đất, thống kê, kiểm kê đất đai

Chapter V

LAND USE RIGHT REGISTRATION, CADASTRAL DOSSIER COMPILATION AND MANAGEMENT, LAND USE RIGHT CERTIFICATE GRANTING, LAND

Article 38.- Land use right registration

1. The land use right registration shall cover the first-time registration of land use right and the registration of land use-related changes.

2. The first-time registration of land use right shall be made in the following cases:

a) Being assigned or leased land by the State for use;

b) The current land users have not been granted the land use right certificates for their land plots.

3. Registration of land use-related changes shall be applicable to persons who use the land plots to which the land use right certificates have been already issued but changes have been seen in the land use in the following cases:

a) The land users exercise the rights to exchange, transfer, lease, sublease, inherit, donate, mortgage the land use rights or provide guarantee or contribute capital with the land use rights;

b) The land users are allowed to change their names;

c) There appear changes in shapes, sizes, acreages of the land plots;

d) Land use purposes change;

e) There appear changes in land use duration;

f) There is the shift from the form of land lease by the State to the form of land assignment by the State with the collection of land use levies;

g) There appear changes in the restriction of land users' rights;

h) The State recovers land.

Article 39.- Persons responsible for land use right registration

1. The persons responsible for land use right registration are the persons who take responsibility before the State for the land use prescribed in Article 2 of this Decree.

For armed force units which use land, the persons responsible for land use right registration shall be the heads of such armed force units determined as land users under the provisions of Clause 3, Article 83 of this Decree.

2. The persons responsible for land use right registration, defined in Clause 1 of this Article, may authorize other persons to register the land use rights according to civil law provisions.

Article 40.- Cadastral dossiers

1. The cadastral dossiers shall be detailed to every land plot according to the administrative units of commune, ward and district township.

Each land plot must bear a separate code which is not identical with the codes of other land plots throughout the country.

2. The cadastral dossier contents must be fully, accurately and timely reflected and must be adjusted regularly with changes under law provisions in the course of land use.

3. The cadastral dossiers shall each be compiled with one original and two duplicates; the original shall be archived at the land use right registration office of the provincial/municipal Service of Natural Resources and Environment, one duplicate shall be kept at the land use right registration office of the district-level Natural Resources and Environment Section, and one duplicate shall be archived at the commune, ward, district township People's Committee.

The originals of the cadastral dossiers must be adjusted in time upon any changes in land use, the duplicates of the cadastral dossiers must be properly adjusted in accordance with the originals.

4. The cadastral dossiers shall be compiled according to the following regulations:

a) The cadastral dossiers shall be compiled according to the uniform technical standards on the State coordinate system;

b) The cadastral dossier contents reflect land plots; hydrological, irrigation systems; traffic road systems; administrative boundary markers and lines of all levels, work safety corridor boundary markers; cadastral coordinates; place names and explanatory annotations;

c) Land plots must be represented accurately with boundaries; the plot tops must have accurate coordinates. Each plot must be accompanied with information on the plot code, plot acreages and land category code;

d) Cadastral maps must be made by units licensed for topographical practice or entitled to register for topographical practice.

5. The cadastral dossiers shall be archived and managed in form of documents on papers and be gradually digitalized for management on computers. The provincial/municipal People’s Committees shall have to invest in the computerization of the cadastral dossier system.

6. The Ministry of Natural Resources and Environment shall promulgate regulations, technical standards, economic norms for compilation of cadastral dossiers on papers and digitalized cadastral dossiers; guide the compilation, adjustment and management of cadastral dossiers on papers and digitalized cadastral dossiers; prescribe the process of replacing the paper cadastral dossier system with the digitalized cadastral dossier system.

Article 41.- Land use right certificates

1. The land use right certificates are made in a unified form applicable nationwide to all land categories, issued by the Ministry of Natural Resources and Environment.

All land users shall be granted land use right certificates except for the cases prescribed in Clause 2 of this Article.

2. The State shall not grant land use right certificates in the following cases:

a) The land is assigned by the State for management prescribed in Article 3 of this Decree;

b) The agricultural land belongs to public land funds managed for use by commune, ward, township People's Committees;

c) The land users lease or sublease land of other persons, which is not leased or subleased land in industrial parks prescribed at Point d, Clause 5 of this Article;

d) The current land users fail to fully meet the conditions for being granted land use right certificates as provided for in Articles 50 and 51 of the Land Law.

e) Persons who are contracted land in State-run agricultural farms or forestry camps.

3. The land use right certificates are issued according to every land plot, each in two copies, of which one copy shall be granted to the land user and one shall be archived at the land use right registration office. In cases where certificates of the right to use land affixed with condominiums, the provisions of Clauses 2, 3, 4 and 5, Article 46 of this Decree shall apply.

4. In the course of land use, the following changes must be inscribed in the land use right certificates:

a) When the land users exchange, transfer, inherit, donate the land use rights or contribute capital with the land use rights, thus formulating new legal persons for the whole land plots; lease, sublease the land use rights (except for cases of leasing, subleasing the right to use land in industrial parks prescribed at Point d, Clause 5 of this Article) or mortgage, provide guarantee with, the land use rights or contribute capital with the land use rights but without formulating new legal persons for the whole or part of the land plot;

b) Changes in the whole land plots upon the successful land dispute conciliations recognized by competent People's Committees; the execution of competent agencies' or organizations' decisions on division, separation or merger of organizations; the realization of documents on division, separation or merger of economic organizations in accordance with law; the remission of debts under agreement in mortgage or guarantee contracts; the execution of administrative decisions on settlement of land-related complaints, denunciations, execution of judgments or decisions of people's courts, judgment execution decisions of judgment enforcement bodies; the realization of documents recognizing the results of land use right auctions in accordance with law; implementation of division or separation of land use rights according to lawful documents for households or groups of people sharing the land use right;

c) Land users are allowed to change their names;

d) The land plot areas increase or decrease due to natural erosion or slides;

e) The land plot areas increase or decrease due to measuring errors;

f) There appear changes in information on code of the land plots, names of the administrative units where exist the land plots;

g) Land use purposes change;

h) There is a change in the land use duration;

i) There is a shift from the form of land lease by the State to the form of land assignment by the State with the collection of land use levies;

j) There is a change in restriction of land users' rights;

k) There is a change in financial obligations to be performed by land users.

5. In the course of land use, the following cases must be granted the land use right certificates:

a) New land plots are created thanks to land assignment, land lease by the State;

b) New land plots are created due to consolidation of many plots into one plot;

c) New land plots are created in case of transferring part of the right to the land plot, changing the use purpose for part of the land plot, recovering by the State part of the land plot, separating a land plot into many plots at the proposal of the land users and permitted by law;

d) When land users lease or sublease the right to use land in industrial parks; lease or sublease the right to use land already acquired or for construction of workshops, establishments for hi-tech services, hi-tech product manufacture and business in hi-tech parks; lease or sublease the right to use land in non-tariff zones and industrial parks, special entertainment zones, tourist resorts in the tariff areas of the economic zones (called leasing or subleasing the right to use land in industrial parks);

e) The land plot boundaries are altered upon the successful land dispute conciliations recognized by competent People's Committees; the execution of competent agencies' or organizations' decisions on division, separation or merger of organizations; the realization of documents on division, separation or merger of economic organizations in accordance with law; the handling of debts under the agreement in mortgage or guarantee contracts; the execution of administrative decisions on settlement of land- related complaints, denunciations, execution of judgments or decisions of people's courts, judgment execution decisions of judgment enforcement bodies; realization of documents recognizing results of land use right auctions in accordance with law; division or separation of land use rights under lawful documents for households or groups of persons sharing the land use rights;

f) Land users' land use right certificates are discolored, blurred, torn, damaged or lost.

6. The land use right certificates granted under the provisions of the 1987 Land Law, the 1993 Land Law; the dwelling house ownership and the residential land use right certificates as prescribed by the Government's Decree No.60/CP of July 5, 1994 on the right to own dwelling houses and to use land in urban areas are legally valid as the land use right certificates granted under the provisions of the Land Law and referred collectively to as land use right certificates. Upon any changes in land use, as prescribed in Clause 5 of this Article, the natural resources and environment offices of the People's Committees competent to grant land use right certificates shall have to recover the granted land use right certificates and carry out procedures for granting new land use right certificates to land users according to the provisions of the Land Law.

7. For cases of having certificates related to land use right, which were issued before this Decree takes implementation effect, which do not fall in the cases prescribed in Clause 6 of this Article, the land users must carry out the procedures to apply for land use right certificates as provided for in Articles 135, 136, 137, 138, 139 and 140 of this Decree.

8. Where the land use right certificates are granted while the land users are permitted to delay the performance of their financial obligations as provided for by law, the unperformed financial obligations must be inscribed on the land use right certificates and in the cadastral dossiers.

Article 42.- Correction, withdrawal of land use right certificates

1. Upon detection of erroneous contents inscribed in land use right certificates, the provincial/municipal Services of Natural Resources and Environment shall have to make corrections for the land use right certificates granted by provincial/municipal People's Committees; the district-level Sections of Natural Resources and Environment shall have to make corrections for the land use right certificates granted by the People's Committees of rural districts, urban districts, provincial capitals or towns.

2. The withdrawal of granted land use right certificates shall comply with the following regulations:

a) Withdrawal of land use right certificates in cases of change of land use right certificates; natural erosion and slide of the whole land plots; change of land plots' boundaries, which require the granting of new land use right certificates;

b) Withdrawal of land use right certificates in case of land recovery under the provisions of Article 38 of the Land Law;

c) In case of failure to withdraw land use right certificates, the land use right registration offices and the People's Committees of the communes, wards or district townships where exists the land shall be notified thereof;

d) The provincial/municipal Services of Natural Resources and Environment shall have the responsibility to withdraw land use right certificates falling under the granting competence of the provincial/municipal People's Committees; the district-level Sections of Natural Resources and Environment shall have to withdraw the land use right certificates falling under the granting competence of the People's Committees of rural districts, urban districts, provincial capitals or towns, for the cases prescribed at Points a and b of this Clause.

3. Where the land use right certificates have been already granted to stable current land users whose land use rights are recognized by the State, the withdrawal of such land use right certificates shall be effected only when judgments or decisions of people's courts have been executed except for the cases prescribed in Clause 2 of this Article.

Article 43.- Inscription of land users' names on land use right certificates

1. For organizations and foreign organizations using land, the organizations' names shall be inscribed in accordance with their establishment decisions, business registration papers, investment licenses.

For armed force units using land for defense or security purposes, the names of the land-using units defined in Clause 3, Article 83 of this Decree shall be inscribed thereon.

2. For land using-religious establishments, the names of such religious establishments shall be inscribed.

3. For land using-households, the name inscription shall comply with the following regulations:

a) Where the households use agricultural land assigned by the State without the collection of land use levies or whose land use rights are common property of the husbands and wives, the full names of both the husbands and the wives shall be inscribed; where households propose the inscription of full names of only the husbands or the wives, there must be the written agreements of the husbands and the wives with certification by the commune, ward of township People's Committees.

b) Where households use the land being the common property of the whole households, which do not fall into the cases prescribed at Point a of this Clause, the household masters' full names shall be inscribed.

c) Where land-using households with the husbands or wives being foreigners or overseas Vietnamese, that do not fall into the cases prescribed in Article 121 of the Land Law, only the full names of the husbands or the wives being domestic individuals shall be inscribed.

For land-using households with the husbands or wives being overseas Vietnamese, that fall into the cases prescribed in Article 121 of the Land Law, the inscription of names on the land use right certificates shall comply with the provisions of Points a and b of this Clause.

4. For land-using population communities, the names of such population communities shall be inscribed.

5. For land-using individuals, overseas Vietnamese, foreign individuals, the full names of such individuals shall be inscribed.

6. For cases where many land users share the rights to use their common land plots, the names of all these land users shall be inscribed, except for cases of condominium.

For condominiums, the inscription of names on the land use right certificates shall comply with the provisions of Article 46 of this Decree.

7. Where land users had been granted the land use right certificates before July 1, 2004 and the inscription of names thereon failed to comply with the provisions of Clauses 1, 2, 3, 4, 5 and 6 of this Article, the procedures shall be carried out to make adjustments on the granted land use right certificates, if it is so wished.

Article 44.- Land use right certificates in cases where assets are affixed to land

1. For cases where dwelling houses, other architectural works, forest trees and/or perennial trees are affixed to land, such dwelling houses, architectural works, forest trees and/or perennial trees shall also be inscribed on the land use right certificates and the cadastral dossiers. The registration of ownership over the assets affixed to land shall comply with law provisions on fixed asset registration.

2. In cases where the land is used for defense or security purposes, on which exist constructions, such land plots shall only be measured and drawn up with their boundaries represented on the land use right certificates.

Article 45.- Granting of residential-land use right certificates to households, individuals in cases where exist on land plots gardens, ponds

1. The residential-land areas for households or individuals, that were already granted land use right certificates before this Decree takes implementation effect shall be determined according to the following regulations:

a) The residential-land areas are the areas inscribed on the granted land use right certificates;

b) In cases where the land users wish to change the land use purposes from garden or pond land to residential land, the residential-land areas shall be re-determined according to the provisions of Clauses 2, 3 and 4, Article 87 of the Land Law, Clauses 2 and 3, Article 80 of this Decree; households and individuals shall not have to pay the land use levies for the acreage difference between the re-determined residential-land area and the residential-land area inscribed on the land use right certificate;

c) Where the State recovers land for use for defense or security purposes, for national interests, public interests or economic development, the residential-land areas shall be re-determined under the provisions of Point b of this Clause and the persons having their land recovered shall be compensated at the residential-land prices for the re-determined residential-land areas.

2. Where the residential land affixed with gardens, ponds within the same land plots where exist dwelling houses in the population quarters is used before December 18, 1980 and the boundaries of the residential (or inhabited) land plots have been recognized in the cadastral dossiers or assorted papers on the land use rights prescribed in Clauses 1, 2 and 5, Article 50 of the Land Law, such total land areas shall be determined as residential land as provided for in Clause 2, Article 87 of the Land Law; where the boundaries of the land plots have not yet been determined in the cadastral dossiers or land use right papers prescribed in Clauses 1, 2 and 5, Article 50 of the Land Law, the residential-land areas shall be determined as not exceeding five (5) times the assigned residential land areas set by provinces or centrally-run cities as provided for in Clause 2, Article 83 and Clause 5, Article 84 of the Land Law, but the total land areas shall not exceed the land areas being used by households, individuals; the remaining land areas after the determination of the residential land plots shall be determined according to the current use status.

3. Where the residential land affixed with gardens, ponds on the same land plots where exist dwelling houses in population quarters is used from December 18, 1980 to before July 1, 2004, the residential land areas shall be determined according to the provisions of Clauses 3, 4 and 5, Article 87 of the Land Law.

Article 46.- Land use right certificates for land used for construction of condominiums, collective lodging houses

1. Land used for construction of condominiums and works in direct service of condominiums belong to the co-use rights of condominium apartment owners; where condominiums and works in direct service of the condominiums are leased, the land use rights belong to the condominium owners.

2. The issuance of land use right certificates to condominiums shall comply with the following regulations:

a) Investors using land for execution of projects on condominium construction and business shall be granted the land use right certificates;

b) Where the entire condominiums belong to the ownership of individual owners or groups of owners being economic organizations, households, individuals, overseas Vietnamese, foreign organizations or foreign individuals, the land use right certificates shall be granted anew or adjusted for handing to owners or groups of owners of such condominiums;

c) Where investors or condominium owners sell condominium apartments, the condominium apartment buyers shall be granted the land use right certificates in form of using the common land; the land use right certificates already granted to investors or condominium owners shall be adjusted to suit the form of common land use.

3. For residential land used for construction of works in direct service of one or many condominiums, the land use right certificates shall be granted separately for works owners or works-managing organizations; where there are no works owners or works-managing organizations, they shall be assigned to the People's Committees of the communes, wards or district townships where exists such land for management.

4. The issuance of land use right certificates to land with constructed collective lodging houses is stipulated as follows:

a) The land used for construction of collective lodging houses shall include the land for construction of the collective lodging houses, yard land, garden land and land for construction of works in direct service of daily life of dwellers in the collective lodging houses;

b) For collective lodging houses owned by economic organizations to arrange lodgings for laborers or collective lodging houses of training or research organizations, used for arrangement of trainees' lodgings, the land use right certificates shall be granted to such organizations;

c) For official-duty buildings of the Party or State agencies or organizations, which are used to arrange lodgings for public servants, the land use right certificates shall be granted to such agencies or organizations.

5. Land use right certificates shall not be issued to land used for yards, gardens, public play or entertainment grounds or other public works in service of many condominiums, collective lodging houses or official-duty buildings, but shall be assigned to the People's Committees of communes, wards or district townships where exists the land for management.

Article 47.- Granting land use right certificates to owners of commonly owned houses

1. For houses under common ownership, where co-owners themselves agree to divide the whole land areas into separate plots for separate use, the land use right certificates shall be issued to each of such land plots.

2. For houses under common ownership, where co-owners themselves agree to divide the land areas for separate use and keep different land areas for common use, the land use right certificate shall be granted to every house owner; the land use right certificates must be inscribed with the common-use land areas and the separate-use land areas.

3. For houses under common ownership, where co-owners fail to agree by themselves to divide the land areas into separate-use plots, the land use right certificate shall be granted to every house owner; the land use right certificates must state that the land areas are for common use.

Article 48.- Granting land use right certificates to households, individuals currently using land

The granting of land use right certificates to households, individuals currently using land shall be effected according to the following regulations:

1. Households or individuals that are currently using land with the entire land plots or parts thereof being evidenced with one of the land use right papers prescribed in Clause 1, 2 and 5, Article 50 of the Land Law without disputes, shall be granted the land use right certificates for land areas with land use right papers, except for cases where the land lies in to be-recovered areas under plannings and the land recovery decisions have been already issued by competent State bodies.

2. Households or individuals that are currently using land with the entire land plots or parts thereof having none of the land use right papers prescribed in Clauses 1, 2 and 5 of Article 50 of the Land Law shall be granted the land use right certificates for the land areas without papers when the following conditions are fully met:

a) The land is dispute-free;

b) The land has been used before the time the land use plannings or plans or the detailed urban construction plannings or rural population quarter construction plannings are approved; where the land is used after the land use plannings or plans, or the detailed urban construction plannings or rural population quarter construction plannings are approved, it must be in line with such plannings or plans. The land-using time shall be certified by the People’s Committees of communes, wards or district townships where exists such land;

c) In cases where land is used from October 15, 1993 to before Junly 1, 2004, land use levies must be paid according to the Government's regulations on collection of land use levies.

3. Households or individuals currently using the land for which the State previously issued management decisions in the course of implementing the State's land policies, but in fact the State has not yet managed the land, such households or individuals may continue using it and shall be granted the land use right certificates without having to pay the land use levies.

Article 49.- Granting land use right certificates to non-business organizations, State enterprises, which are currently using agricultural land

1. Non-business organizations and State enterprises (in this Article referred collectively to as organizations) shall themselves review and declare their land use and report to the People's Committees of the provinces or centrally run cities where exist the land and their superior agencies being ministries, ministerial-level agencies, Government-attached agencies or State corporations.

2. Non-business organizations, State enterprises shall have to draw up the detailed land use plannings based on the results of review of the current land use situation; the schemes on reorganization, renewal and development of State enterprises according to the Government's regulations; the approved local land use plannings, plans; branch development plannings.

The contents of the detailed land use plannings must clearly determine the acreage of each land category retained for use, the land use plan, the land use duration, the land areas handed over to localities.

3. The provincial/municipal People's Committees shall consider and approve the detailed land use plannings of organizations using land in the localities.

4. Basing themselves on the approved detailed land use plannings, the provincial/ municipal People's Committees shall decide on land assignment, land lease under law provisions on land regarding the land areas retained for use by organizations.

5. For encroaching, occupying; encroached upon or occupied land areas; land areas being in dispute, the provincial/municipal People's Committees shall definitely settle them in order to determine the land users.

6. The provincial/ municipal People's Committees shall have to direct the determination of specific land use boundaries, marker posts, the measurement and making of cadastral maps, the granting of land use right certificates to land-using organizations.

7. The handling of land not covered by detailed land use plannings of non-business organizations or State enterprises, which use agricultural land, and agricultural land of the dissolved organizations, shall comply with the Government's regulations.

Article 50.- Issuing land use right certificates to land used for farm economy

1. The commune, ward or township People's Committees shall review the current land use situation and report to the People's Committees of rural districts, urban districts, provincial capitals or towns on the land used for farm economy, to which land use right certificates have not been issued, according to the following contents:

a) The current land use situation as compared with the cadastral dossiers and the approved detailed land use plannings;

b) Results of investment in production, business and services directly serving agricultural production, forestry, aquaculture or salt-making of farms;

c) The land areas assigned or leased by the State; transferred from others, inherited, donated, received as capital contributions from other households or individuals; contracted by organizations.

2. On the basis of the reports of commune, ward or township People's Committees and the approved detailed land use plannings, the People's Committees of rural districts, urban districts, provincial capitals or towns shall decide to handle or issue land use right certificates according to the following regulations:

a) Households and individuals, that use agricultural land for farm economy but fail to use the land for the right purpose; build dwelling houses or works used for non-agricultural business purposes or other architectural works without permission, shall themselves have to address the situation, dismantle the works in order to use land for the right set purposes; in cases where they fail to address the situation and to dismantle the works at their own will, the People's Committees of rural districts, urban districts, provincial capitals or towns shall apply coercive measures or recover the land;

b) Households and individuals, that are directly engaged in agricultural production, forestry, aquaculture or salt-making and assigned land by the State and have used such land for practice of farm economy, shall be allowed to continue using the land for the remaining duration for the land areas in excess of the limits prescribed in Article 70 of the Land Law; the land areas exceeding the limits shall be handled in accordance with the provisions of Article 67 of the Land Law;

c) Households and individuals, that are not directly involved in agricultural production, forestry, aquaculture or salt-making but have been assigned land by the State and have used such land for farm economy, must shift to lease land; the land leasing term shall be the remaining duration of the land assignment duration;

d) Households and individuals, that have practiced farm economy on the land leased by the State, contracted by organizations or received as capital contribution of other households and/or individuals, may continue to use the land under the signed contracts;

e) Households and individuals, that have practiced farm economy on land transferred from others, inherited or donated, shall comply with the provisions of Clause 3, Article 71 of the Land Law.

3. The land areas prescribed at Points b, c, d and e, Clause 2 of this Article (except for cases of being contracted by organizations), which are certified by commune, ward or township People's Committees as dispute-free, shall be issued the land use right certificates.

Article 51.- Issuing land use right certificates to land used for construction of agencies' offices, non-business works

1. Organizations currently using land assigned by the State for construction of working offices or non-business works but having not yet been granted land use right certificates must review and declare the land use and report thereon to the People's Committees of the provinces or centrally run cities where exists the land and to their immediate superior agencies.

2. On the basis of organizations' reports, the People's Committees of the provinces or centrally run cities where exists the land inspect the actual land use and decide to handle, grant land use right certificates on a case-by-case basis according to the following regulations:

a) The land areas, which have been assigned by the State and used for the right purposes, shall be permitted for continued use and issued land use right certificates;

b) The land areas, which have been left unused, have been used for wrong purposes, or have been encroached upon, occupied or lost due to the lack of responsibility; the land areas, which have been leased or lent to other organizations, households or individuals for use; and the land areas, which have been illegally put into joint ventures or cooperation, shall be recovered under decisions of provincial/municipal People's Committees;

c) The residential land shall be assigned to the People's Committees of rural districts, urban districts, provincial capitals or towns where exists the land for management; in cases where the residential land is used in conformity with the approved land use right plannings or plans, the land users shall be granted land use right certificates and must fulfill the financial obligations under the Government's regulations on collection of land use levies;

d) The encroaching, occupying, encroached upon or occupied land areas; the land areas being in dispute shall be definitely settled by provincial/municipal People's Committees in order to determine the land users.

Article 52.- Issuing land use right certificates for land being used by enterprises as ground for construction of production and/or business establishments

1. Enterprises using land as ground for construction of production and/or business establishments and having not yet been granted the land use right certificates must review and declare their land use and report thereon to the People's Committees of the provinces or centrally run cities where exists the land.

2. On the basis of enterprises' reports, the People's Committees of the provinces or centrally run cities where exists the land shall conduct field inspection and decide to handle, grant the land use right certificates on a case-by-case basis according to the following regulations:

a) The land areas, which have been leased by the State, transferred with lawful land use rights from others or assigned by the State with the collection of land use levies and the money already paid for being transferred the land use rights or the land use levies already paid to the State have not originated from the State budget and the land areas are being used for the right purposes, shall be permitted for continued use and issued the land use right certificates;

b) The land areas, which have been assigned by the State without the collection of land use levies, been transferred with lawful land use right from others or assigned by the State with the collection of land use levies and the money already paid for being transferred with the land use rights or the land use levies paid to the State have originated from the State budget and the land areas are being used for the right purposes, but have not yet been shifted to land lease, must be shifted to land lease; in cases where the form of land assignment with the collection of land use levies is opted for, the land use levies must be paid;

c) The land areas which have been left unused, have been used for wrong purposes, the land areas which have been illegally encroached upon, occupied or lost; the land areas which have been leased, lent to other organizations or individuals for use, put into joint ventures or cooperation in contravention of law, shall be recovered under decisions of the provincial/municipal People's Committees;

d) The residential land shall be assigned to the People's Committees of rural districts, urban districts, provincial capitals or towns for management; where the residential land conforms with the approved land use plannings, the land users shall be granted the land use right certificates and must fulfill the financial obligations under the Government's regulations on land use levy collection;

e) The encroaching, occupying, encroached upon or occupied land areas; the land areas being in dispute shall be definitely settled by the provincial/municipal People's Committees in order to determine the land users.

3. For the land areas prescribed at Point b, Clause 2 of this Article, enterprises must draw up production and/or business schemes to be submitted to the provincial/ municipal People's Committees for consideration and approval; the land use purposes and duration must be determined in the production and/or business schemes. After the production and/or business schemes are approved, the enterprises shall be granted the land use right certificates.

Article 53.- Issuing land use right certificates for land being used by cooperatives

1. Cooperatives which are using land but have not yet been granted land use right certificates must themselves review and declare their land use and report thereon to the People's Committees of the provinces or centrally run cities where exists the land.

2. On the basis of cooperatives' reports, the People's Committees of the provinces or centrally run cities shall conduct field inspections and decide to handle, grant land use right certificates on a case-by-case basis according to the following regulations:

a) The land areas, which have been leased by the State, transferred with the lawful land use rights from other persons or assigned by the State with the collection of land use levies and the money already paid for being transferred the land use rights or the land use levies already paid to the State have not originated from the State budget, the land contributed to cooperatives by their members, which have been used for the right purposes, shall be permitted for continued use and issued the land use right certificates;

b) The land areas, which have been assigned by the State without the collection of land use levies, been transferred with lawful land use rights from other persons or assigned by the State with the collection of land use levies, and the money already paid for being transferred the land use rights or the land use levies already paid to the State have originated from the State budget while the land is being used for the right purposes but has not yet been shifted to land lease, must be shifted to land lease; in cases where the form of land assignment with the collection of land use levies is opted for, the land use levies must be paid.

For agricultural cooperatives' land areas used for construction of working offices, storehouses, drying yards, construction of service facilities in direct service of agricultural production, forestry, aquaculture or salt making, they shall be assigned by the State without the collection of land use levies;

c) The land areas which have been left unused, have been used for wrong purposes, land areas which have been encroached upon, occupied or lost due to lack of responsibility; the land areas which have been leased or lent to other organizations or individuals, put into joint ventures or cooperation in contravention of law, shall be recovered under decisions of the provincial/municipal People's Committees;

d) The residential land shall be handed over to the People's Committees of rural districts, urban districts, provincial capitals or towns for management; where the residential land conforms with the approved land use plannings, the land users shall be granted the land use right certificates and must fulfill the financial obligations under the Government's regulations on land use levy collection;

e) The encroaching, occupying, encroached upon or occupied land areas; the land areas being in dispute shall be definitely settled by the provincial/ municipal People's Committees in order to determine the land users.

3. For the land areas prescribed at Point b, Clause 2 of this Article, the cooperatives must draw up their land use schemes to be sent to provincial/municipal Services of Natural Resources and Environment for appraisal before being submitted to the provincial/municipal People's Committees which shall decide on the land use purposes, land use duration and grant the land use right certificates.

Article 54.- Issuing land use right certificates for land with historical-cultural relics, scenic places

The issuance of land use right certificates for land where exist historical-cultural relics, scenic places, which have already been classified or have been protected under decisions of the provincial/municipal People's Committees, shall comply with the following regulations:

1. For land where exist independent historical-cultural relics, scenic places, the land use right certificates shall be granted to the organizations directly managing the historical-cultural relics, scenic places.

2. For land where exist historical-cultural relics which belong to private ownership, the land use right certificates shall be granted to the private owners.

3. For land where exist historical-cultural relics of population communities, the land use right certificates shall be granted to such population communities.

4. In cases where historical-cultural relics or scenic places cover vast areas of land of different categories, the land use right certificates shall not be issued for the entire historical-cultural relic or scenic place areas but to different users of the assorted land in the areas.

The land users must comply with the regulations on protection of historical-cultural relics, scenic places.

Article 55.- Issuing land use right certificates for land being used by religious establishments

1. The religious establishments, which are using land where exist pagodas, churches, oratories, sanctuaries, monasteries, religious schools, offices of religious organizations and other religious establishments, are permitted by the State for operation but have not been granted land use right certificates, must review and declare their land use and report to the provincial/municipal People's Committees the following contents:

a) The total land areas being used and the land plot boundaries under the current land use situation;

b) The land areas lent or leased to organizations, households or individuals by the religious establishments;

c) The land areas, which the religious establishments have borrowed or received as donation from organizations, households or individuals;

d) The land areas encroached upon or occupied by other persons;

e) The land areas assigned to the religious establishments by competent State bodies for expansion of the religious organizations;

f) The land areas for expansion of the religious establishments without permission of competent State bodies.

2. The People's Committees of the provinces or centrally run cities shall conduct field inspections, determine specific boundaries of land plots and decide to handle according to the following regulations:

a) For the land areas which had been used stably by organizations, households or individuals before October 15, 1993, to base on the land use demands of religious establishments as well as such organizations, households or individuals for settlement, aiming to ensure that the land use interests of the parties are suitable to reality;

b) For the land areas which were used by organizations, households or individuals from October 15, 1993 to before July 1, 2004, to settle them like the cases where households or individuals borrow or lease land of other households or individuals, prescribed in Article 113 of this Decree;

c) The land areas expanded by religious establishments without permission of competent State bodies; encroached upon, occupied; being in dispute, to settle them definitely in order to determine the land users.

3. For the land areas of religious establishments, after they are handled according to the provisions of Clause 2 of this Article and the conditions prescribed in Clause 4, Article 51 of the Land Law are fully met, such religious establishments shall be granted the land use right certificates.

Article 56.- Authorization of granting of land use right certificates

The provincial/municipal People's Committees shall authorize the provincial/ municipal Services of Natural Resources and Environment to grant land use right certificates to organizations, religious establishments, overseas Vietnamese, foreign organizations and individuals in the following cases:

1. The land users have obtained the land assignment or land lease decisions of competent State agencies but have not yet been granted the land use right certificates; have obtained the land sub-assignment decisions or land lease contracts of hi-tech management boards or economic zone management boards; have obtained the written recognition of results of lawful land use right auctions, the land dispute conciliation results recognized by provincial/municipal People's Committees; have obtained decisions of competent agencies or organizations on division, separation or merger of organizations; have obtained written documents on division, separation or merger of economic organizations in accordance with law; have got agreement on handling of mortgaged land use rights as security for debt recovery according to law provisions; have obtained administrative decisions on settlement of land disputes, land related-complaints or denunciations, judgments or decisions of people's courts, decisions of judgment enforcement agencies, which have been executed.

2. The land users have registered changes in land use upon consolidation or separation of land plots according to the provisions of Point c, Clause 1, Article 7 of this Decree and the land plots, before being consolidated or separated, were given the land use right certificates.

3. The land users have been re-granted the land use right certificates or have had their land use right certificate changed under the cases prescribed at Point f, Clause 5, Article 41 of this Decree.

4. Granting of new land use right certificates in replacement of assorted land use right certificates granted under the land legislation before July 1, 2004 as provided for in Clause 6, Article 41 of this Decree.

Article 57.- Competence to adjust land use changes on land use right certificates

The competence to adjust land use changes prescribed in Clause 4, Article 41 of this Decree is prescribed as follows:

1. The provincial/municipal Services of Natural Resources and Environment shall adjust land use changes on the granted land use right certificates for the cases prescribed at Points b, c, d, e, f, g, h, i, j and k of Clause 4, Article 41 of this Decree, where the post-adjustment land users are organizations, religious establishments, overseas Vietnamese, foreign organizations or foreign individuals.

2. The district-level Sections of Natural Resources and Environment shall adjust land use changes on the granted land use right certificates for the cases prescribed at Points b, c, d, e, f, g, h, i, j and k of Clause 4, Article 41 of this Decree, where the post-adjustment land users are households, individuals, population communities or overseas Vietnamese entitled to buy dwelling houses closely associated with the residential-land use rights.

3. The land use right registration offices of the provincial/municipal Services of Natural Resources and Environment shall adjust land use changes on the granted land use right certificates for the cases prescribed at Point a, Clause 4, Article 41 of this Decree, where the post-adjustment land users are organizations, religious establishments, overseas Vietnamese, foreign organizations or foreigners.

4. The land use right registration offices of the district-level Sections of Natural Resources and Environment shall adjust land use changes on the granted land use right certificates for the cases prescribed at Point a, Clause 4, Article 41 of this Decree, where the post-adjustment land users are households, individuals, population communities, overseas Vietnamese entitled to buy dwelling houses closely associated with residential-land use rights.

Article 58.- Land statistics and inventories

1. The land statistics and inventory figures shall be used for the following purposes:

a) Evaluating the current land use situation, being used as bases for elaboration of land use plannings and plans, as bases for examination of implementation of land use plannings, plans;

b) Being used as documents for natural resource basic surveys in service of the formulation of socio-economic development, defense, security strategies, overall plannings, plans of the whole country, of branches and localities;

c) Publication in yearly books on national statistics;

d) Serving the demands for use of land data in scientific research, training and other demands.

2. Land statistics and inventories shall comply with the provisions of Clause 1, Article 53 of the Land Law; land statistics shall not be carried out in the land-inventorying year.

3. The Ministry of Natural Resources and Environment shall define the contents of land statistics and inventories; forms and tables used for land statistics and inventories; contents of current land use maps demonstrating land inventory figures.

4. The land statistic and inventory time is stipulated as follows:

a) The time for annual land statistics shall be January 1 of the following year;

b) The time for land inventory shall be January 1 of the last year of the land use plan period.

5. The time for completion and submission of land statistical figure reports is prescribed as follows:

a) The commune, ward, district township People's Committees shall complete and submit their local reports on land statistical results to their immediate superior People's Committees before January 15 of the following year;

b) The People's Committees of rural districts, urban districts, provincial capitals or towns shall complete and submit their local reports on land statistical results to their immediate superior People's Committees before January 31 of the following year;

c) The provincial / municipal People's Committees shall complete and submit their local reports on land statistical results to the Ministry of Natural Resources and Environment before February 15 of the following year;

d) The Ministry of Natural Resources and Environment shall complete and submit the national report on land statistical results to the Government before March 15 of the following year.

6. The time for completion and submission of land inventory figures is prescribed as follows:

a) The commune, ward, township People's Committees shall complete and submit their local reports on land inventory results to their immediate superior People's Committees before April 30;

b) The People's Committees of rural districts, urban districts, provincial capitals or towns shall complete and submit their local reports on land inventory results to their immediate superior People's Committees before June 30;

c) The provincial/ municipal People's Committees shall complete and submit their local reports on land inventory results to the Ministry of Natural Resources and Environment before August 15;

d) The Ministry of Natural Resources and Environment shall complete and submit the national report on land inventory results to the Government before October 31.

Bài viết liên quan