Chương 1 Nghị định 85-CP: Những quy định chung

Chapter I

GENERAL PROVISIONS

Article 1.- This Decree provides for the implementation of the Ordinance on the Rights and Obligations of the Domestic Organizations with Land Assigned or Leased by the State of October 14, 1994 and the Ordinance Amending and Supplementing a Number of Articles of the Ordinance on the Rights and Obligations of the Domestic Organizations with Land Assigned or Leased by the State of August 27, 1996;

With regard to the allotment of land by State enterprises for use in agricultural production, forestry and aquaculture as mentioned in Clause 1, Article 5 of the Ordinance on the Rights and Obligations of the Domestic Organizations with Land Assigned or Leased by the State of October 14, 1994, the provisions of Decree No.01-CP of January 4, 1995 of the Government on the allotment of land by State enterprises for use in agricultural production, forestry and aquaculture shall apply.

Article 2.- Land used for public purposes includes:

1. Land used for the construction of public works as defined in Point c, Clause 1, Article 1 of the Amending and Supplementing Ordinance of August 27, 1996.

2. Land used for the construction of hydro-electric power plants, transformer stations, hydro-electric reservoirs, power transmission lines, oil and gas pipelines, hydrometeorological stations, observatory stations of various kinds in service of research and public services, irrigation works, national parks, sanatoriums, physical and sport training establishments.

3. The use of land for other kinds of works serving public interests and non-profit public works in localities shall be stipulated by the People�s Committees of the provinces and cities directly under the Central Government.

4. Other special cases shall be decided by the Prime Minister.

Article 3.-

1. The area of land to be assigned to State enterprises, enterprises of political and social organizations, defense and security enterprises, collective economic organizations, stock companies, limited liability companies for agricultural production, forestry, aquaculture and salt production shall comply with the investment projects (the economic and technical feasibility studies) which have been ratified by the competent State agency.

2. The term of land assignment to organizations stipulated in Item 1 of this Article is 20 years for annual tree planting, aquaculture and salt production, and 50 years for planting perennial trees. With regard to the land assigned prior to January 1st, 1996, the term shall be counted from January 1st, 1996; if the land is assigned after January 1st, 1996, the land use term shall be counted from the date of the assignment.

3. In cases where the land is assigned to domestic economic organizations for the construction of dwelling houses to be sold to Vietnamese citizens, the land assignment term shall be stable over along time, and the land shall be recovered only in cases provided for in Articles 26 and 27 of the Land Law. If the land is assigned for infrastructure construction to lease the land use right associated with that infrastructure, the land assignment term shall be determined by the investment project already ratified by the competent State agency but must not exceed 50 years. If the land assignment term exceeds 50 years, it shall be decided by the Prime Minister but in no case shall exceed 70 years.

4. The term of land lease to domestic economic organizations shall not exceed 50 years. If this term needs to be longer than 50 years, it shall be decided by the Prime Minister but in no case shall exceed 70 years.

Article 4.-

1. The land use levy shall be paid according to the land price determined by the People�s Committees of the provinces and cities directly under the Central Government on the basis of the land price brackets promulgated by the Government.

2. In cases where the land is allowed for auction by the competent State agency, the land use levy shall be determined according to the auction result but must not be lower than the price bracket set by the State.

3. The land use levy must be remitted to the State budget according to modalities defined by the Ministry of Finance.

Article 5.-

1. The land rent shall be defined by the Ministry of Finance on the basis of the land price brackets promulgated by the State.

2. The land rent shall be paid annually; in case of payment by installment over many years or if it is paid for the whole land lease duration, a discount shall be made in accordance with the regulations of the Ministry of Finance.

3. The land rent must be remitted to the State budget and shall be accounted for in the production and business costs.

Article 6.-

1. The agency competent to assign land stipulated in Article 23 of the Land Law shall be the agency competent to lease land.

2. When the land is leased by the competent State agency, the lessee shall have to sign a contract with the Land Administration Service.

Article 7.-

1. Organizations with land assigned or leased by the State shall be granted certificates of the land use right in accordance with the provisions of law.

2. Organizations with land assigned or leased by the State shall have to abide by the provisions of law on the transfer of the land use right, pay taxes on the transfer of the land use right, pay the land use levy and the land rent, pay compensations for ground clearance, protect the environment, use the land for the right purposes and shall not harm the legitimate interests of other land users in the neighborhood.