Chapter X
IMPLEMENTATION PROVISIONS
Article 99. Handling of cases in which land recovery procedures are being carried out before July 1, 2014
Provincial-level People’s Committees shall scrutinize cases in which land recovery procedures are being carried out before July 1, 2014, and handle as follows:
1. In case there is already a document on on-principle approval of investment, introduction of location or notice of land recovery sent to every person whose land is to be recovered, or a document permitting the investor to reach agreement with land users within the project’s scope before July 7, 2014, but there is not yet a land recovery decision, then:
a/ The provincial-level People’s Committee shall permit the continued implementation of the project and apply the form of land recovery, or the investor shall acquire or lease land use rights, or receive land use rights as contributed capital under the Land Law, if such is conformable with the annual district-level land use plan already approved by a competent state agency;
b/ The provincial-level People’s Committee shall issue a document directing related organizations and individuals to stop the implementation of the project if it is not conformable with the approved annual district-level land use plan;
c/ In case of implementing a production or business project subject to land recovery by the State under which the investor is permitted to reach agreement with land users within the project’s scope, if there remain land areas on which agreement cannot be reached by July 1, 2014, the provincial-level People’s Committee shall decide to recover the remaining land area on which the investor and land users fail to reach agreement, for implementing the investment project.
2. In case there is a decision to enforce the land recovery decision before July 1, 2014, but the enforcement is not organized yet, the land recovery shall be enforced in accordance with the Land Law.
Article 100. Handling of cases in which land allocated or leased by the State before July 1, 2014, is not put to use or is used late
Provincial-level People’s Committees shall scrutinize cases in which the land allocated or leased by the State for implementation of investment projects before July 1, 2014, is not used or is used late under Point i, Clause 1, Article 64 of the Land Law, and handle as follows:
1. If there is already a document of a competent agency on this violation before July 1, 2014, but there is not yet a land recovery decision, the People’s Committee of a competent level shall handle under Point i, Clause 1, Article 64 of the Land Law; the extended duration shall be counted from July 1, 2014.
2. If there is already a land recovery decision before July 1, 2014, the land shall be recovered under this decision and the land use levy, land rental and assets invested on the recovered land shall be handled under the 2003 Land Law and guiding documents.
Article 101. Competence to adjust land allocation or lease decisions with regard to land allocated or leased before the effective date of the Land Law
State agencies competent to allocate or lease land defined in Article 59 of the Land Law are competent to decide on adjustments for cases in which land users obtain land allocation or lease decisions before July 1, 2014.
Article 102. Effect
1. This Decree takes effect on July 1, 2014.
2. This Decree replaces the following decrees:
a/ The Government’s Decree No. 181/2004/ND-CP of October 29, 2004, on the implementation of the Land Law;
b/ The Government’s Decree No. 17/2006/ND-CP of January 27, 2006, amending and supplementing a number of articles of the Decrees guiding the implementation of the Land Law, and Decree No. 187/2004/ND-CP on transformation of state companies into joint-stock companies;
c/ The Government’s Decree No. 84/2007/ND-CP of May 25, 2007, additionally providing the grant of land use right certificates, land recovery, exercise of land use rights, order and procedures for compensation, support and resettlement upon land recovery by the State and settlement of land-related complaints;
d/ The Government’s Decree No. 69/2009/ND-CP of August 13, 2009, additionally providing the land use planning, land price, land recovery, and compensation, support and resettlement;
dd/ The Government’s Decree No. 88/2009/ND-CP of October 19, 2009, on certificates of land use rights and ownership of houses and other land-attached assets.
3. Ministries, ministerial-level agencies, government-attached agencies and provincial- level People’s Committees shall scrutinize legal documents they have promulgated which are contrary to the provision of the Land Law and this Decree, for revision, supplementation or cancellation.
Article 103. Responsibilities of ministries, ministerial-level agencies, government- attached agencies, People’s Committees at all levels, and land users
1. The Ministry of Natural Resources and Environment, the Ministry of Justice, the Ministry of Construction, the Ministry of Finance, the Ministry of Transport, the Ministry of Home Affairs and other related ministries and sectors, and provincial-level People’s Committees shall guide the articles and clauses assigned in this Decree.
2. Ministers, heads of ministerial-level agencies, heads of government-attached agencies, chairpersons of People’s Committees at all levels, and other related organizations and individuals shall implement this Decree.-
Tìm kiếm
Nghị định 43/2014/NĐ-CP (Bản Word)
Nghị định 43/2014/NĐ-CP (Bản Pdf)