Chương VIII Nghị định 181/2004/NĐ-CP: Chế độ sử dụng đất phi nông nghiệp

Chapter VIII

NON-AGRICULTURAL LAND USE REGIME

Article 78.- Other non-agricultural land use duration

The duration for use of other non-agricultural land defined at Point f, Clause 5, Article 6 of this Decree is stipulated as follows:

1. The long-term stable use duration for the following cases:

a) Land where exist worshiping works, museums, conservatories, art works display houses, cultural and art creation establishments and other private non-business constructions and those works are not affixed to residential land;

b) Land prescribed at Point b, Clause 2 of this Article, which is assigned by the State to public non-business units.

2. The duration prescribed at Clause 3, Article 67 of the Land Law shall apply to the following cases:

a) Land for construction of makeshifts, huts and camps for rural farm laborers;

b) Land for construction of greenhouses and houses of other types in service of cultivation including forms of cultivation not directly on land, construction of cattle, poultry and other law-permitted animal shelters and farms, construction of agricultural, forestry, fishery research stations, construction of plant nurseries and animal breeding establishments, construction of warehouses and/or depots of farm products, plant protection drugs, fertilizers, machinery, production tools in rural areas other than the land assigned to public non-business units.

Article 79.- Quotas of residential land assigned to households, individuals

The quotas of residential land assigned to households, individuals, prescribed in Clause 2, Article 83 and Clause 5, Article 84 of the Land Law shall apply only when the State assigns residential land to households and individuals as from July 1, 2004 and the cases where the State grants the land use right certificates, prescribed in Clause 5, Article 87 of the Land Law.

Article 80.- Residential land with gardens, ponds and agricultural land with gardens, ponds in population areas

1. Persons who use land where exist gardens, ponds, falling into the cases prescribed in Clause 5, Article 87 of the Land Law, when being granted the land use right certificates, must pay the land use levies as provided for in Clause 6, Article 50 of the Land Law for the land areas determined as residential land.

2. For land areas exceeding the acreages determined as residential land under the quotas prescribed in Clauses 4 and 5, Article 87 of the Land Law, on which dwelling houses have been built, the areas exceeding the prescribed quotas shall be determined as residential land and subject to land use levy payment, and issued the land use right certificates.

3. Where residential-land users have been granted the certificates of the rights to use land or residential land already determined under the provisions of Article 87 of the Land Law and wish to expand their residential land areas, they must ask for permission to change land use purposes and pay land use levies, except for the case prescribed of Clause 1, Article 45 of this Decree.

In case of expanding the residential land areas in urban population quarters, apart from the application for permission to change land use purposes and payment of land use levies, such expansion must also be compliant with the provisions of Clause 5 of this Article.

4. After the residential land areas are determined under the provisions of Clauses 1, 2 and 3 of this Article, the remaining land areas shall be determined according to the present land use situation.

5. Basing themselves on the approved urban construction plannings, the provincial/municipal People's Committees shall prescribe the land areas permitted for construction of dwelling houses on the land plots where exist gardens, ponds in compatibility with urban landscape.

Persons using agricultural land with gardens, ponds for construction of dwelling houses must apply for permission to change the land use purposes and pay the land use levies.

The People's Committees of rural districts, urban districts, provincial capitals or towns shall base on the urban construction plannings or rural population quarter construction plannings, the portions of land areas permitted for construction of dwelling houses as provided for in this Clause and the practical demands of land users to consider and permit the land use purpose changes.

6. Agricultural land with gardens, ponds in population quarters, prescribed in Clause 4 of this Article constitutes sources of supplement for residential land.

Article 81.- Land with projects on construction of dwelling houses for sale, which are executed by overseas Vietnamese, foreign organizations, foreigners

1. Purchasers of dwelling houses associated with the right to use residential land under investment projects on construction of dwelling houses for sale, which are executed by overseas Vietnamese, foreign organizations or foreigners shall be granted the long-term stable land use right certificates.

2. The investors shall pay to the State the differences between the land use levies and the land rents already paid to the State according to the following regulations:

a) The land use levies are calculated at the land prices set by the provincial/ municipal People's Committees at the time of payment of the differences;

b) For villas, the difference amounts must be paid at the time of selling the houses;

c) For condominiums, the difference amounts must be paid at the time of project completion at the latest.

Article 82.- Land used for urban renovation, development and rural population quarters

1. The land areas to be recovered for urban renovation or development and rural population quarters must be reflected in the detailed land use plannings, detailed land use plans, must be specifically determined and publicized at the population quarters where land shall be recovered at the time and within the time limit for announcement of the detailed land use plannings, prescribed in Article 27 of this Decree.

For the plannings on expansion or construction of urban traffic roads and rural population quarters, the land areas used for road construction and the land areas along road sides, which shall be recovered for land fund exploitation, landscape creation and environmental protection.

2. For the land areas to be recovered for execution of plannings on urban renovation or development, rural population quarters but the recovery decisions have not yet been issued, the current land users may continue using such land for the right set purposes, must not change the land use purposes and must not build new works or expand the existing ones; in cases where they have the demands for repairs, they must strictly abide by the law provisions on construction regarding the planned areas.

Article 83.- Land used for defense, security purposes

1. Land used for defense, security purposes is the land of categories specified at Points a, b, c, d, e, f, g, h, i and j, Clause 1, Article 89 of the Land Law and land in the areas exclusively assigned by the Government to the Ministry of Defense or the Ministry of Public Security for management, protection and use.

2. The land which is managed and/or used by people's armed force units but does not belong to the land categories prescribed in Clause 1 of this Article shall not be classified as land used for defense or security purposes.

3. The defense or security land users are defined as follows:

a) Units attached to the Ministry of Defense or the Ministry of Public Security shall be the land users with regard to land where the units are stationed, except for the case prescribed at Point c of this Clause; land used as military bases; land for construction of national defensive works, battle fields and special defense or security works; official-duty building of the people's armed forces; land in the areas exclusively assigned by the Government to the Ministry of Defense or the Ministry of Public Security for management, protection and use;

b) Direct land-using units are land users with regard to land used for construction of military stations or ports; land used for construction of industrial, scientific and technological works in direct service of defense or security; land used for construction of storehouses of the people' armed forces; land used as shooting fields, drill fields, weapon-testing grounds, weapon-destroying grounds; land used for construction of schools, hospitals, sanatoriums of the people's armed forces; land used for construction of detention camps, education camps, reformatories, which are managed by the Ministry of Defense or the Ministry of Public Security;

c) The Military Commands of the provinces or centrally run cities; the Military Commands of rural districts, urban districts, provincial capitals or towns; the Police Departments of the provinces or centrally run cities; the Police Offices of the rural districts, urban districts, provincial capitals or towns; the Police Offices of wards, townships, the border posts shall be the land users with regard to the land used for construction of their working offices.

4. Land used for defense or security purposes must be used for the right set purposes. For land areas left unused or used for wrong purposes, the provincial/municipal People's Committees shall notify the land-using units to put the land to use for the right purposes; 12 months after being notified, if the land-using units fail to address the situation in order to put the land to use for the right purposes, the provincial/municipal People's Committees shall recover the land for assignment to other persons for use.

5. In case of changing the use purposes within the defense or security land according to the approved plannings, plans on the use of land for defense or security purposes, the land-using units must file their applications for land use purpose changes at the provincial/municipal Services of Natural Resources and Environment, enclosed with the written comments of the Ministry of Defense or the Ministry of Public Security.

6. Land which is being used by people's armed force units but is not covered by the approved plannings on land use for defense or security purposes must be handed over to localities for management.

For the land areas used by families of officers or combatants of people's armed force units for construction of dwelling houses in conformity with the approved land use plannings or plans, the residential land users shall be granted the land use right certificates and must fulfill the financial obligations according to law provisions.

For the land used for the purposes of non-agricultural production and/or business, it must be used by defense or security enterprises and must be shifted to form of land assignment with the collection of land use levies according to production and/or business plans already approved by the Ministry of Defense or the Ministry of Public Security; the land use purposes and durations must be determined in the production and/or business plans; the defense or security enterprises shall be granted the land use right certificates.

7. The competent State agencies shall definitely settle the disputed land areas for determination of the land users.

Article 84.- Industrial park land

1. For industrial parks established on the land which was previously assigned or leased by the State for production and/or business, the land users may opt for the following use forms:

a) Continuing to retain the form of land assignment or land lease by the State; economic organizations, overseas Vietnamese, that have been leased land by the State, may shift to form of land assignment with the collection of land use levies if they so wish;

b) Subleasing land from enterprises, which have invested in the industrial park infrastructure construction and business. The land use levy amounts or the land rents paid in advance to the State by land users shall be calculated into the money amounts payable to the State by the enterprises investing in the industrial park infrastructure construction and business and subtracted from the land rents, rentals of industrial park infrastructures of investors in industrial park infrastructure construction and business according to their mutual agreement.

2. Persons having the need to use land in industrial parks may be transferred the land use rights, leased or subleased industrial park land of enterprises which invest in industrial park infrastructure construction and business according to the following regulations:

a) Economic organizations, households and individuals may be transferred the rights to use land or lease land of enterprises which have invested in industrial park infrastructure construction and business and been assigned land by the State with the collection of land use levies;

b) Overseas Vietnamese, foreign organizations, foreigners may lease land of enterprises which have invested in industrial park infrastructure construction and business and been assigned land by the State with the collection of land use levies;

c) Economic organizations, households, individuals, overseas Vietnamese, foreign organizations, foreigners may sublease land of enterprises which have invested in industrial park infrastructure construction and business and been leased land by the State.

3. People having the need to use land in industrial parks invested with capital from the State budget sources shall be assigned land by the State with the collection of land use levies or be leased land according to the following regulations:

a) Economic organizations, households, individuals, overseas Vietnamese shall be assigned land by the State with the collection of land use levies or be leased land;

b) Foreign organizations, foreigners shall be leased land by the State.

4. Users of industrial park land, including the case of land sublease, shall be granted the land use right certificates.

5. The industrial park land use duration shall comply with the investment project duration already approved by competent State agencies.

Where the investment project duration is longer than the remaining industrial park land use duration, the enterprises which invest in industrial park infrastructure construction and business must apply for competent State agencies' permission to adjust the land use duration properly but the total land use duration shall not exceed seventy (70) years and must pay land use levies or land rents for the land areas permitted for extension of use duration.

6. When elaborating detailed plannings on construction of industrial parks, the provincial/municipal People's Committees shall base on the present conditions of population quarters in the localities, the housing demands of laborers working in industrial parks to arrange land funds for condominiums, cultural, social or service works outside the industrial parks in service of the daily life of laborers working in the industrial parks in conformity with the local general plannings.

Article 85.- Hi-tech park land

1. The hi-tech park management boards shall formulate the general detailed land use plannings, the general detailed land use plans for the entire hi-tech parks and submit them to the provincial/municipal People's Committees of the localities where exists the land for consideration and approval.

The provincial/municipal People's Committees shall assign land once to hi-tech park management boards for hi-tech park construction and development according to the approved plannings. The hi-tech park management boards may re-assign land in form of land assignment without the collection of land use levies, land assignment with the collection of land use levies or land lease according to the provisions of Clause 2 of this Article.

2. The hi-tech park management boards shall re-assign or lease land according to the following regulations:

a) Assigning land without the collection of land use levies, for organizations, individuals, overseas Vietnamese; leasing land with the exemption of land rent payment, for foreign organizations or foreigners using hi-tech park land for construction of the common technical infrastructures of the hi-tech parks; for construction of training areas, hi-tech research and development areas; construction of hi-tech enterprise nurseries in order to provide support for activities of research, trial production, formulation of enterprises manufacturing hi-tech products.

Persons assigned land without the collection of land use levies, land lessees exempt from land rent payment are entitled to sell, lease, mortgage, provide guarantee or contribute capital with assets invested on land; must not transfer, lease or sublease, mortgage, provide guarantee or contribute capital with the land use rights;

b) Assigning land with the collection of land use levies or leasing land, for organizations, individuals, overseas Vietnamese; leasing land, for foreign organizations, foreigners for business-construction of hi-tech park infrastructures, workshops, establishments providing hi-tech services, manufacturing and trading in hi-tech products, welfare services, construction of dwelling houses for rent.

3. Hi-tech park land users may be transferred the land use rights, leased land, subleased land by hi-tech park development enterprises or infrastructure development enterprises according to the following regulations:

a) Where hi-tech park development enterprises or infrastructure development enterprises are assigned land with land use levy collection, the economic organizations, individuals, overseas Vietnamese may be transferred the land use rights, leased land; foreign organizations, foreign individuals may be leased land;

b) Where hi-tech park development enterprises or infrastructure development enterprises are leased land by hi-tech park management boards, persons having the demands to use land in hi-tech parks may sublease land of hi-tech park development enterprises or infrastructure development enterprises.

4. Hi-tech park land users must use the land for the right purposes inscribed in the land assignment decisions or land lease contracts.

5. Organizations and individuals, that are re-assigned or leased land by hi-tech park management boards for investment in the construction of dwelling houses, shall only have the right to lease the constructed dwelling houses.

Article 86.- Economic zone land

1. The economic zone management boards shall elaborate detailed land use plannings, detailed land use plans as provided for in Clause 8, Article 15 of this Decree, which must clearly determine the land use boundaries between non-tariff areas and tariff areas and submit them to the provincial/municipal People's Committees of the localities where exists the land for consideration and approval.

After the economic zones' detailed land use plannings or detailed land use plans are approved, the provincial/municipal People's Committees shall direct the recovery of land areas planned for construction of non-tariff areas and industrial parks in the tariff areas; recover land under the approved detailed land use plans with regard to the remaining land areas in the tariff areas.

2. The provincial/municipal People's Committees shall assign land to economic zone management boards for construction of economic zones according to the following regulations:

a) Assigning land once to economic zone management boards for construction of non-tariff areas; industrial parks in tariff areas of the economic zones;

b) Assigning land under the approved detailed land use plans of economic zones for the to be- recovered remaining land acreages of the tariff areas.

3. The economic zone management boards shall have effect the compensations and ground clearance for the land areas recovered by competent State bodies for assignment to them before re-assignment or lease of land. The economic zone management boards may assign land with the collection of land use levies, assign land without the collection of land use levies or lease land to persons having the demand to use land according to the provisions of land legislation.

The duration of land use for production and/or business in economic zones shall not exceed seventy (70) years.

4. The economic zone management boards shall decide on the land use levy levels, land rents, land use levy or land rent exemption or reduction levels according to each project in order to ensure investment promotion on the basis of land prices decided by provincial/municipal People's Committees, for cases of land re-assignment, land lease without going through land use right auction or biddings for projects involving land use.

5. Economic zone land users may invest in the commercial construction of dwelling houses, infrastructure, may conduct production, business, service activities and have the rights and obligations corresponding to form of land assignment or land lease under the provisions of land legislation.

6. The economic zone management boards shall perform the task of formulating detailed land use plannings, detailed land use plans, re-assign or lease the recovered land; other tasks on management of land in economic zones, performed by administrative agencies of all levels according to the provisions of land legislation.

Article 87.- Land for execution of build-transfer (BT) projects and build-operate-transfer (BOT) projects

1. The State shall assign the investors for management the land areas for execution of build-transfer (BT) projects; the investors shall not have to pay land use levies or land rents during the construction of works under the approved projects and have to preserve the land areas assigned for management and use for the right purposes inscribed in the projects.

The project transfer time limit must strictly comply with the time limits inscribed in the investment projects already considered and approved by competent State bodies or the time limit permitted by competent State agencies for extension. Where past the transfer time limit the investors still fail to transfer the projects, they must rent land of the State and the land lease time shall be counted from the time of ending the duration of construction of works under the approved projects.

2. The State shall assign land or lease land to investors for execution of build-operate-transfer (BOT) projects; the investors shall enjoy land use levy or land rent exemption or reduction according to the Government's regulations.

3. Persons being transferred the works for use and exploitation shall be assigned or leased land or assigned for management the land areas where exist such works under the provisions of land legislation.

Article 88.- Land of small industrial clusters, craft villages

1. The People's Committees of rural districts, urban districts, provincial capitals or towns shall direct the elaboration of, and consider and approve detailed land use plannings or plans together with plannings on construction of rural population quarters, small industrial clusters and/or craft villages in conformity with production development and environmental protection requirements.

2. Land in traditional craft villages shall be prioritized for use for purposes of expanding non-agricultural production and/or business establishments and waste treatment establishments; the land use purpose changes, if any, must be permitted by the People's Committees of rural districts, urban districts, provincial capitals or towns, the land users shall enjoy land use levy exemption or reduction according to the Government's regulations.

3. The regime of using land in small industrial clusters shall be the same as the regime of using land in industrial parks, provided for in Article 90 of the Land Law and Article 84 of this Decree.

Article 89.- Land used for mineral activities

1. Organizations and individuals licensed to explore and/or exploit minerals shall be leased land by the State; where the mineral exploration does not affect the land use or the mineral exploitation does not affect the surface soil layers or does not affect land surface, they shall not have to lease land.

2. Organizations and individuals wishing to use land as ground for mineral processing may opt for the form of land assignment by the State with the collection of land use levies or land lease; being transferred the land use rights or land lease by other economic organizations, households or individuals.

3. The People's Committees of the levels competent to lease land and to license the mineral exploration and/or exploitation shall grant licenses simultaneously with decisions on the land lease.

In cases where People's Committees are competent to lease land but not competent to license the mineral exploration and/or exploitation, the decisions on land lease shall be made after the persons wishing to use land have been already licensed to explore and/or exploit minerals.

4. Persons using land for mineral activities must apply measures to protect the environment, treat wastes and other measures so as not to cause damage to land users in the regions and vicinities; upon the completion of mineral exploration and/or exploitation, the land users shall have to return the land in the state prescribed in the land lease contracts.

Article 90.- Land used for exploitation of raw materials for production of bricks, tiles, pottery articles

1. Uncultivated hilly land, mounds, waste land stretches, land in the beds of rivers, ponds or lakes which need to be dredged, riparian land, land by canal banks not used for agricultural production, land of unused levees, thrown-away earth from field improvement must be made full use of for exploitation of raw materials for production of bricks, tiles, pottery articles.

2. It is strictly forbidden to exploit land of the following categories for use as raw materials for production of bricks, tiles, pottery articles:

a) Land with historical-cultural relics, scenic places, which have been classified or protected under decisions of provincial/municipal People's Committees;

b) Land lying within works safety protection corridors.

3. Grounds for competent State agencies to decide on lease of land for exploitation of raw materials for production of bricks, tiles or pottery articles shall include:

a) The business registration papers for production of bricks, tiles or pottery articles or licenses for investment in the production of bricks, tiles or pottery articles, granted by competent State agencies;

b) Land use demands compatible with investment projects or production capacity of establishments manufacturing bricks, tiles or pottery articles;

c) The approved land use plannings, plans.

4. In the course of using land for exploitation of raw materials for production of bricks, tiles or pottery articles, the land users must apply appropriate technological measures to rationally exploit and economically use land; apply necessary measures so as not to cause damage to production and life of nearby land users and not adversely affect the environment.

Article 91.- Land used for public purposes

1. Persons using land for construction of public works for business purposes shall be assigned land by the State with the collection of land use levies or leased land, be entitled to land use levy or land rent exemption or reduction according to the Government's regulations.

2. Persons using land for construction of public works for non-business purposes shall be assigned land by the State without the collection of land use levies.

3. The State shall assign land for management without granting the land use right certificates in the following cases:

a) Land for construction of traffic works, bridges, sluices, pavements, ferries; water supply systems, water drainage systems, irrigation work, dike and dam systems; public squares, monuments, memorials;

b) Land used for public purposes, assigned to commune, ward, township People's Committees for management.

4. For cases of using land for purposes of building public works not prescribed in Clause 3 of this Article, the land users shall be granted the land use right certificates.

Article 92.- Land for construction of public works with safety protection corridors

1. For land of public work safety protection corridors already decided by competent State agencies, of which the surface is not used by such works, the land shall only be rented during the construction of the works.

2. Based on the regulations on work protection corridor scope, promulgated by competent State agencies, the organizations directly managing the works with safety protection corridors shall have to assume the prime responsibility for, and coordinate with the People's Committees of the localities where exist the works in, elaborating plans on implanting boundary markers identifying the specific safety protection corridors and submit them to the provincial/municipal People's Committees of the localities where exist the works for approval; and at the same time notify the People's Committees at various levels in localities where exist the works thereof for coordination in protection of the work safety corridor.

3. Within thirty (30) working days as from the date the provincial/municipal People's Committees approve the plans on implanting boundary markers to determine the safety protection corridors, the organizations directly managing the works with safety protection corridors shall have to assume the prime responsibility for, and coordinate with the People's Committees of rural districts, urban districts, provincial capitals or towns, the People's Committees of the communes, wards or townships, where exist the works, in, publicizing the boundaries of work safety protection corridors and implanting boundary markers on the field, handing over boundary markers to the People's Committees of communes, wards or townships where exist the works for management.

4. The organizations directly managing works with safety protection corridors shall have to assume the prime responsibility for, and coordinate with the commune, ward or township People's Committees and the Natural Resources and Environment Sections of the localities where exist the works in, revising the current land use situation within the work safety protection corridors in order to propose competent State agencies to settle according to the following regulations:

a) In cases where the land use affects the works safety protection or where the works' operations directly affect the lives and health of land users, the agencies functioning to perform the State management over the works shall appraise the impact extents and if the land must be recovered, propose the competent People's Committees to decide to recover such land. Persons having land recovered shall be compensated, and supported with land and assets affixed to land, which had existed before the publicization of work safety corridors according to law provisions.

In cases where the land use affects the work safety protection, the work owners and land users must apply remedial measures. The work owners must take responsibility for such remedy; if it cannot be remedied, the State shall recover the land and the persons having their land recovered shall be compensated, supported and resettled according to law provisions;

b) Where the land use is not prescribed at Point a of this Clause, the current land users may continue using the land for the right set purposes and must comply with the regulations on work safety protection;

c) Land in the work safety corridors shall be issued the land use right certificates according to the provisions of Articles 44, 45, 46, 47, 48, 49, 50, 51, 52, 53, 54 and 55 of this Decree, except for case of relocation or recovery with the decisions thereon having been already issued.

The land use right certificate grantees may only use land according to the provisions at Point b of this Clause.

5. Agencies or organizations directly managing works with safety protection corridors shall take the prime responsibility for the work safety protection. Where the work safety protection corridors are illegally encroached upon, occupied or used, they must promptly report thereon to, and request the People's Committees of communes, wards, district townships, where exist the work safety protection corridors, to handle such cases.

6. The presidents of the People's Committees at all levels in the localities where exist works with safety protection corridors have the following responsibilities:

a) To detect and handle in time cases of illegally encroaching upon, occupying and using land areas in the work safety protection corridors; prevent in time the illegal construction of works on work safety protection corridor land; compel the violators to restore the pre-violation status of land;

b) To coordinate with agencies or organizations which directly manage the works in propagating and disseminating legislation on work safety protection; coordinate with such agencies or organizations in publicizing boundaries of work safety protection corridors;

c) In case of letting the illegal encroachment, occupation or use of land in the work safety protection corridors occur in their localities, the presidents of the People's Committees must jointly bear the responsibility therefor according to law provisions.

Article 93.- Land with historical-cultural relics, scenic places

1. Land with historical-cultural relics and/or scenic places, which have been classified or protected under decisions of provincial/municipal People's Committees, must be strictly managed according to the following regulations:

a) For historical-cultural relics, scenic places directly managed by organizations, households, individuals or population communities, the managers shall take the prime responsibility for the management of land on which exist the historical-cultural relics, scenic places according to law provisions on cultural heritages.

Where such land is encroached upon or occupied or the relics owners use the land not for the right purposes and in contravention of law, the People's Committees of the communes, wards or townships where exists the land shall have to detect, prevent and handle such in time;

b) For other historical-cultural relics and/or scenic places than those prescribed at Point a of this Clause, the People's Committees of communes, wards or townships, where exist the historical-cultural relics or scenic places, shall take the prime responsibility for the management of the areas of land on which exist the historical-cultural relics and/or scenic places.

Where the land is encroached upon, occupied or used not for the right purposes, used in contravention of law, the presidents of the People's Committees of the communes, wards or townships where exist such land shall have to detect, prevent and handle such in time.

2. For historical-cultural relic, scenic place land, which had been encroached upon, occupied or used not for the right purposes before July 1, 2004, the relic owners, the organizations or the commune, ward or township People's Committees, that have been assigned to manage the relics must report thereon to the People's Committees of rural districts, urban districts, provincial capitals or towns for definite handling.

3. The change of purposes of using historical-cultural relic or scenic place land to other purposes must conform to the approved land use plannings or plans and comply with the following regulations:

a) For land with historical-cultural relics, scenic places classified by the Ministry of Culture and Information, before the competent People's Committees decide to permit the land use purpose changes, there must be written approval of the Minister of Culture and Information:

b) For land with historical-cultural relics, scenic places protected under decisions of provincial/municipal People's Committees, before the competent People's Committees decide to permit the land use purpose changes, there must be written approval of the presidents of provincial/ municipal People's Committees.

Article 94.- Land for construction of cemeteries, graveyards

1. Land arranged for construction of cemeteries or graveyards must be in line with local land use plannings, plans.

2. The provincial/municipal People's Committees shall prescribe criteria and quotas of land used for burial, ensuring thrifty use of land; organize and adopt policies to encourage the funerals of the deceased without using land.

3. It is strictly forbidden to build separate cemeteries, graveyards in contravention of the approved land use plannings or plans.