Chương XIV Nghị định 181/2004/NĐ-CP: Điều khoản thi hành

Chapter XIV

IMPLEMENTATION PROVISIONS

Article 183.- Responsibilities of ministries, ministerial-level agencies, Government-attached agencies, People's Committees of all levels and land users

1. The Ministry of Natural Resources and Environment and the Ministry of Finance shall, within the scope of their respective functions, tasks and powers, have to guide the implementation of this Decree.

2. The ministers, the heads of ministerial-level agencies, the heads of Government-attached agencies, the presidents of the People's Committees at all levels and the land users shall have to implement this Decree.

Article 184.- The time limits for uniform performance of land use right transactions with the land use right certificates

As from January 1, 2007, the land users must possess land use right certificates before exercising their rights of exchanging, transferring, leasing, subleasing or donating the land use rights, mortgaging, providing guarantee or contributing capital with the land use rights.

Article 185.- Establishment of land use right registration offices

1. The provincial/municipal People's Committees must complete the establishment of land use right registration offices fully capable of performing the tasks prescribed in this Decree before July 1, 2007.

2. The Ministry of Natural Resources and Environment shall guide the carrying out of administrative procedures in land management and use pending the establishment of land use right registration offices and in cases where the district-level Natural Resources and Environment Sections do not have the land use right registration offices.

Article 186.- Implementation effect

1. This Decree takes implementation effect fifteen (15) days after its publication in the Official Gazette.

2. This Decree replaces the following decrees:

a) Decree No. 64/CP of September 27, 1993 promulgating the Regulation on assignment of agricultural land to households, individuals for long-term stable use for purpose of agricultural production;

b) Decree No. 88/CP of August 17, 1994 on management and use of urban land;

c) Decree No. 11/CP of January 24, 1995 detailing the implementation of the Ordinance on Rights and Obligations of Foreign Organizations and Individuals Leasing Land in Vietnam;

d) Decree No. 09/CP of February 12, 1996 on defense and security land management and use regime; Decree No. 69/2000/ND-CP of November 20, 2000 amending and supplementing a number of articles of Decree No. 09/CP of February 12, 1996 on defense and security land management and use regime;

e) Decree No. 17/1999/ND-CP of March 29, 1999 on procedures for land use right exchange, transfer, lease, sublease, inheritance and mortgage, guarantee provision or capital contribution with the land use rights; Decree No. 79/2001/ND-CP of November 1, 2001 amending and supplementing a number of articles of Decree No. 17/1999/ND-CP of March 29, 1999 on procedures for land use right exchange, transfer, lease, sublease, inheritance and mortgage, guarantee provision or capital contribution with the land use rights;

f) Decree No. 85/1999/ND-CP of August 28, 1999 amending and supplementing a number of articles of the Regulation on assignment of agricultural land to households, individuals for long-term stable use for agricultural production purposes and supplementing the assignment of salt-making land to households and individuals for long-term stable use;

g) Decree No. 163/1999/ND-CP of November 16, 1999 on assignment and lease of forestry land to organizations, households and individuals for long-term stable use for forestry purposes;

h) Decree No. 04/2000/ND-CP of February 11, 2000 on implementing the Law Amending and Supplementing a Number of Articles of the Land Law; Decree No. 66/2001/ND-CP of September 28, 2001 amending and supplementing a number of articles of Decree No. 04/2000/ND-CP of February 11, 2000 on implementation of the Law Amending and Supplementing a Number of Articles of the Land Law;

i) Decree No. 68/2001/ND-CP of October 1, 2001 on land use plannings and plans.

3. To annul the land management and use provisions of the following decrees, which are contrary to the provisions of this Decree:

a) Clause 2 of Article 1, Articles 3, 10, 11, 12, 13, 14, 15, 16, 17 and 20; provisions on residential land registration and registration forms in Article 8; the provisions on land registration obligations in Article 9 of Decree No. 60/CP of July 05, 1994 on the right to own dwelling houses and the right to use residential land in urban areas;

b) The provisions on granting of dwelling house ownership right and land use right certificates to house buyers in Article 10 of Decree No. 61/CP of July 5, 1994 on dwelling house buying, selling and dealing;

c) The provisions on land registration in Clause 1, article 9; the provisions on competence to recover land in Clause 2, Article 14 of Decree No. 14/1998/ND-CP of March 6, 1998 on State property management;

d) Articles 24, 25 and 26; the provisions on forms of application for dwelling house ownership right and residential land use right certificates in Clause 1 of Article 15, Clause 1 of Article 16, Clause 1 of Article 18, Clause 1 of Article 21 and Clause 1 of Article 23 of Decree No. 25/1999/ND-CP of April 19, 1999 on mode of returning dwelling houses, dwelling house leasing prices when the houses have not yet been returned and procedures for establishment of dwelling house ownership right prescribed in Resolution No. 58/1998/NQ-UBTVQH10 of August 20, 1998 on dwelling house-related civil transactions established before July 1, 1991;

e) The provisions on land assignment by the State for long-term stable use without the collection of land use levies to non-public establishments in Clause 1, Article 7 of Decree No. 73/1999/ND-CP of August 19, 1999 on policy of encouraging the socialization of activities in the domains of education, health, culture and sports;

f) Points d and e of Clause 1, Points d and e of Clause 2 of Article 8; Clauses 4 and 5 of Article 25 of Decree No. 08/2000/ND-CP of March 10, 2000 on secured transaction registration;

g) The provisions on retaining the land use right value inscribed in investment licenses upon equitization of joint-venture enterprises to which the Vietnamese parties contributed capital with the land use right value in Clause 3, Article 9 of Decree No. 38/2003/ND-CP of April 15, 2003 on transformation of a number of foreign-invested enterprises into ones operating in form of joint-stock companies.

4. The ministries, ministerial-level agencies, the provincial/municipal People's Committees shall have to revise the legal documents they have promulgated, which are contrary to the provisions of the 2003 Land Law, of this Decree and other decrees guiding the implementation of the 2003 Land Law for amendment, supplementation or cancellation.

The Government Office shall have to direct the Government-attached agencies to revise the legal documents they have promulgated, which are contrary to the provisions of the 2003 Land Law, of this Decree and other decrees guiding the implementation of the 2003 Land Law for the Government Office to amend, supplement or cancel them.