Chương II Thông tư 02/2015/TT-BTNMT: Quản lý, sử dụng đất bãi bồi ven sông, đất bãi bồi ven biển, đất có mặt nước ven biển

Chapter II

MANAGEMENT AND USE OF RIPARIAN ALLUVIAL LAND, COASTAL ALLUVIAL LAND AND COASTAL LAND WITH WATER SURFACE

Article 3. Formulation and adjustment to land use planning, plans for riparian alluvial land, coastal alluvial land and coastal land with water surface

1. For localities with land use planning, plans not representing use of riparian alluvial land, coastal alluvial land and coastal land with water surface, People’s committees of central-affiliated provinces and cities (hereinafter referred to as People’s committees of provinces), People’s committees of provincial-affiliated districts, communes and cities (hereinafter referred to as People’s committees of districts) shall be responsible for running the check to make amendments and supplements to land use planning, plans.

2. Land use planning and plans within central-affiliated provinces and cities (hereinafter referred to as provincial level); within districts, communes and cities affiliated to coastal provinces (hereinafter referred to as district level) must represent use of coastal land with water surface according to the Law on Land.

Article 4. Allocation, leasing of riparian alluvial land, coastal alluvial land and coastal land with water surface

1. Riparian alluvial land, coastal alluvial land that are not yet used shall be allocated or leased out by People’s committees of competent authorities; coastal land with water surface that is not yet used shall be leased out by People’s committees of competent authorities and the regime of land use shall be applied in conformity with land use purpose as prescribed in the Law on Land.

2. Leasing of coastal land with water surface is instructed in Article 52 and Article 58 of the Law on Land, Articles 13, 14 of the Government's Decree No. 43/2014/NĐ-CP dated May 15, 2014 detailing the implementation of the Law on Land (hereinafter referred to as the Decree No. 43/2014/NĐ-CP.

3. People's committees of competent authorities shall decide to lease or expropriate coastal land with water surface as prescribed in Article 59 of the Law on Land.

Article 5. Lease term of riparian alluvial land, coastal alluvial land and coastal land with water surface

1. Lease term of riparian alluvial land, coastal alluvial land and coastal land with water surface shall be decided by competent state agencies based on the lesee’s demand for land use represented in the investment project, application form for land lease but ensure conformity with progress of socio-economic development planning, plans; local land use planning, plans, and relevant sector planning (if any) approved by competent state agencies.

2. Lease term as prescribed in Clause 1 of this Article shall not exceed 50 years. For projects of large capital with low ROI (return on investment), projects implemented on the administrative division facing socio-economic difficulties and requiring longer lease, lease term shall not exceed 70 years.

3. When lease term expires, any land user who needs extension of land use shall be put into consideration by the state but not exceed the lease term as prescribed in Clause 2 of this Article.

Article 6. Riparian alluvial land, coastal alluvial land and coastal land with water surface already used for agricultural purpose before July 01, 2014

1. Any household or individual that participates directly in agricultural production shall be permitted extended use of riparian alluvial land, coastal alluvial land and coastal land with water surface for the rest of the land allocation term with respect to land allocated under local land allocation plan according to the Government’s Decree No. 64/CP dated September 27, 1993 promulgating the Statute on allocation of agricultural land to households or individuals that are committed to long-term and stable use of land for agricultural production; Decree No. 02/CP dated January 15, 1994 promulgating the Statute on allocation of forestry land to households or individuals that are committed to long-term and stable use of land for forestry production; Decree No. 85/1999/NĐ-CP dated August 28, 1999 amending and supplementing a number of articles of the Statute on allocation of agricultural land to households or individuals that are committed to long-term and stable use of land for agricultural production, supplementing allocation of land for salt production to households or individuals that are committed to long-term and stable use of land; Decree No. 163/1999/NĐ-CP dated November 16, 1999 on allocation of land, leasing of forestry land to organizations, households or individuals for long-term and stable forestry production; Decree No. 181/2004/NĐ-CP dated October 29, 2004 on the implementation of the Law on Land.

When lease term expires, any land user who needs extension of land use shall be considered for allocation of land without payment of land levy.

2. Households or individuals that are currently using riparian alluvial land, coastal alluvial land and coastal land with water surface for agricultural purpose other than the cases as prescribed in Clause 1 of this Article must perform the following provisions:

To be permitted continued use of riparian alluvial land, coastal alluvial land and coastal land with water surface for the rest of land allocation term in case of allocation of land by the state;

When the land allocation term expires, any land user who needs extension of land use that conforms to land use planning, plans approved by competent state agencies shall be considered for continued lease;

b) To be permitted continued use of land for the rest of land use term in case riparian alluvial land, coastal alluvial land and coastal land with water surface originate from transfer, gift, or inheritance of land use right from the land of the state’s origin; to switch into lease of land since July 01, 2014 for the area beyond the limit of allocation of agricultural land.

3. Vietnamese organizations, households or individuals living abroad, foreign-invested enterprises that are leased riparian alluvial land, coastal alluvial land and coastal land with water surface by the state shall perform the following provisions:

To be permitted continued use of land for the remaining land lease term;

b) When the land lease term expires, any land user who needs extension of land use that conforms to land use planning, plans approved by competent state agencies and does not violate the Law on Land shall be considered for continued lease;

4. Organizations, households or individuals that are using riparian alluvial land, coastal alluvial land and coastal land with water surface originating from reclamation themselves without allocation or lease by the state must fulfill procedures for submission to competent state agencies for consideration for land lease.

Article 7. Documentation of management of coastal land with water surface

Formulation, making updates and adjustments to cadastral documentation of coastal land with water surface is instructed in the Ministry of Natural Resources and Environment’s Circular No. 24/2014/TT-BTNMT dated May 19, 2014 regulating cadastral documentation (hereinafter referred to as the Circular No. 24/2014/TT-BTNMT). Land registration office shall be responsible for formulating cadastral documentation of coastal land with water surface.