Decree No. 43/2014/ND-CP detailing a number of articles of the Land Law

4 THE GOVERNMENT No. 43/2014/ND-CP OFFICIAL GAZETTE lssut> nos 04-06/May 2014 THE SOCIALIST REPUBLIC OF VIETNAM Independence - Freedom - Happiness Hanoi, May 15, 2014 DECREE Detailing a number of articles of the Land Law(*J Pursuant to the December 25, 2001 Law on Organization of the Government; Pursuant to the November 29, 2013 Land Law; At the proposal of the Minister of Natural Resources and Environment, The Government promulgates the Decree detailing a number of articles of Land Law No. 45/2013/ND-CP Chapter I GENERAL PROVISIONS Article 1. Scope of regulation 1. This Decree details a number a1t icles and clauses of Land Law No. 45/2013/QHB (below refeITed to as the Land Law) . 2 . Other decrees of the Government shall detail a number of aiticles and clauses of the Land Law concerning compensation, suppo1t, resettlement; land prices; collection ofland use levy; collection ofland and water surface rentals; and sanctioning ofland-related administrative violations. Article 2. Subjects of application 1. State agencies that exercise the powers and perform the responsibilities of the representative of the entire-people ownership of land, and perfo1m the task of unifo1m state management of land. 2 . Land users defined in .AJ.ticle 5 of the Land Law. 3. Other subjects involved in land management and use. Article 3. Dete1mination of land types The dete1mination of a land type in cases land is used without the papers prescribed in Clauses 1, 2 and 3, Alticle 11 of the Land Law must comply with the following provisions: 1. In case of cmTent stable use ofland which is acquired not through illegal encroachment, occupation or change of land use purpose, the land type shall be dete1mined based on the cmTent land use status. 2 . In case of use ofland which is acquired through illegal encroachment, occupation or change ofland use pmpose, the land type shall be dete1mined according to the land origin and the process of land management and use. ('J Cong Bao Nos 561-562 (04/6/2014) © Vietnam Law and Legal F ornm Issue nos 04-06/May 2014 OFFICIAL GAZETTE 5 3. For a land parcel which is cunently used for different purposes ( other than residential land with gardens and ponds in the same parcel), the determination ofland type must comply with the following provisions: a/ In case boundaries of land areas used for different purposes can be determined, the land parcel shall be divided into smaller parcels according to their use pmposes which shall be detennined according to the cmTent use status of such parcels; bl In case boundaries ofland used for different pmposes cannot be dete1mined, the main land use pmpose shall be dete1mined according to the cmTent land type with the highest price in the land price table promulgated by the People 's Committee of the province or centrally nm city (below collectively refened to as the provincial-level People 's Committee). In case ofland use after a land use master plan is approved by a competent agency, the dete1mination of the main use pmpose shall be based on such master plan. 4. In case of land on which a condominimn for mixed pmposes is built before July 1, 2014, with the floor area of the condominium paiily used as offices, commercial or service establishments, the main use pmpose of the land area for building the condominimn shall be dete1mined as residential pmpose. 5. Agencies to dete1mine land types specified in Clauses 1, 2, 3 and 4 of this Aliicle ai·e provincial-level People's Committees, for organizations, religious institutions, foreign-invested ente1prises, and foreign organizations with the diplomatic function; People 's Committees of districts, towns or provincial cities (below collectively refened to as district-level People 's Committees), for households, individuals, communities and overseas Vietnamese. In case of land recove1y, agencies competent to dete1mine land types ai·e those competent to recover land in accordance with the land law. Chapter II THE SYSTEM OF LAND ADMINISTRATION ORGANIZATION AND SERVICES IN THE LAND MANAGEMENT AND USE Article 4. Land administration agencies 1. Local land administration agencies include: a/ Land administration agencies of provinces and centrally nm cities which are provincial level Natmal Resomces and Environment Depaiiments; b/ Land administration agencies of districts, towns and provincial cities which are district-level Natural Resomces and Environment Divisions. 2. Provincial-level People 's Committees and district-level People 's Committees shall organize land administration apparatuses in their localities; district-level People's Committees shall appoint cadastral officers of communes, wai·ds and townships to perfo1m land administration tasks. 3. The Ministiy of Natural Resources and Environment shall assume the prime responsibility for, and coordinate with the Ministry of Home Affairs in, specifying the functions, tasks and organizational structures oflocal land administration agencies and tasks of cadastral officers of communes, wards and townships. ©Vietnam Law and Legal Fomm 6 OFFICIAL GAZETTE Article 5. Provision of land-related services 1. Land registration offices: lssut> nos 04-06/May 2014 a/ Land registration offices are public non-business units of provincial-level Natural Resources and Environment Depa1i ments established or reorganized by provincial-level People's Committees on the basis of consolidating existing land use rights registration offices of provincial-level Natural Resources and Environment Depaiiments and district-level Natural Resources and Environment Divisions in localities; have the legal person status, own working offices and seals and may open accounts for their operation in accordance with law. Land registration offices have the functions of registering land and other land-attached assets; compiling, managing, updating and uniformly revising cadastral dossier and land databases; making land statistics and invento1y; providing land infom1ation to organizations and individuals at their request under regulations; b/ Land registration offices have branches in districts, towns and provincial cities. Branches of land registration offices may perfo1m the functions and tasks and exercise the powers of land registration offices under decisions of provincial-level People's Committees; c/ Operation funds of land registration offices must comply with regulations on finance of public non-business units. 2. Land fund development organizations: a/ Land fund development organizations ai·e public non-business units established in accordance with the law on establishment, reorganization and dissolution of public non-business units; have the legal person status, own working offices and seals and may open accounts for their operation in accordance with law; have branches in districts, towns and provincial cities. For localities that cmTently have both provincial-level and district-level land fund development organizations, these organizations shall be consolidated. Land fund development organizations have the functions of creating, developing, managing and exploiting land funds; organizing the payment of compensations, provision of suppo1i, and resettlement; receiving land use rights transfe1Ted by organizations, households and individuals; organizing the auction of land use rights and providing other services. b/ Operation funds ofland fund development organizations must comply with regulations on finance of public non-business units. 3. Land-related services, including: a/ Smveying and assessing land; improving land; b/ Elaborating land use master plans and plans; c/ Measuring and making cadastral maps and dossier, building land databases, making dossiers for grant of ce1i ificates of land use rights and ownership of houses and other land attached assets; d/ Providing consultancy on dete1mination of land prices; dd/ Auctioning land use rights; e/ Paying compensations, providing suppo1i and organizing resettlement. © Vietnam Law and Legal F ornm Issue nos 04-06/May 2014 OFFICIAL GAZETTE 7 4. The Ministry of Natural Resources and Environment shall assume the prime responsibility for, and coordinate with the Ministiy of Home Affairs and the Ministiy of Finance in, specifying the organizational stiuctures, tasks and operation mechanism of land registi·ation offices and land fund development organizations. 5. Land registration offices and land fund development organizations must be established or reorganized before December 31, 2015. Pending the establishment or reorganization of offices or organizations defined in Clauses 1 and 2 of this Aliicle, previously established land use rights registi·ation offices and land fund development centers may continue operating according to their assigned functions and tasks. Article 6. Land development fund 1. Land development funds mentioned in.Aiiicle 111 of the Land Law shall be established in accordance with the law on establishment, reorganization and dissolution of public non business units or entiusted to the development investment funds or other :financial funds of localities before Janmuy 1, 2015. Land development funds are state :financial institutions attached to provincial-level People 's Committees, have the legal person status, conduct independent accounting, have own seals and may open accounts at the State Treasmy and credit institutions for their operation in accordance with law. Land development funds established before July 1, 2014, may continue operating under this Decree. 2. Financial sources of land development funds shall be incorporated in local budget estimates, allocated from the state budget right upon their establishment and annually supplemented; and may be mobilized from other sources, including aid, :financial assistance, suppo1i or sources entiusted for management of international organizations, domestic and foreign organizations and individuals under aid, :financial assistance or entiustment programs or projects. Based on annual land use plans, provincial-level People's Committees shall submit to People's Councils of the same level for decision state budget allocations for land development funds upon their establishment and specific annual additional allocations for the funds suitable to their local conditions. 3. Land development funds shall be used to advance capital for land fund development organizations and other organizations to pay compensations for ground clearance and create land funds under land use master plans and plans approved by competent agencies. 4. The Ministry of Finance shall subinit to the Prime Minister for promulgation a model regulation on management and use of land development funds; and prescribe the allocation, accounting, settlement and :finalization of land development funds, mobilization and use of :financial sources ofland development funds, and a mechanism of entiustment to development investment funds and other :financial funds of localities in case no land development fund is established under regulations on management of the State 's budget and :financial funds. Provincial-level People's Committees shall base themselves on Clauses 1, 2 and 3 of this Aliicle, the model regulation on management and use of land development funds promulgated ©Vietnam Law and Legal Fomm 8 OFFICIAL GAZETTE lssut> nos 04-06/May 2014 by the Prime Minister and other relevant regulations to decide on establishment or adjustment of the functions and tasks of previously established land development funds and on the organizational structure, financial sources and operation mechanism ofland development funds to suit local conditions and situations. Chapter III LAND USE MASTER PLANS AND PLANS Article 7. Elaboration and modification of land use master plans and plans 1. The responsibility to detennine the land use demand in the elaboration and modification of national land use master plans and plans is prescribed as follows: a/ Ministries and sectors shall determine the land use demands and propose projects in the sectors and fields under their management in provincial-level administrative units; provincial level People's Committees shall detennine the land use demands of their localities; b/ Ministries, sectors and provincial-level People 's Committees shall send repo1is on their land use demands to the Ministry of Natural Resources and Environment within 45 days after receiving the latter 's written request for registr·ation of land use demands; c/ The Ministry of Natural Resources and Environment shall summarize and balance the land use demands and plan on the allocation of national land use nonns to eve1y socio economic region and provincial-level administr·ative unit. 2 . Provincial-level land use master plans and plans: a/ The responsibility to detemrine the land use demands in the elaboration and modification of provincial-level land use master plans and plans: Provincial-level depa1iments and sectors shall detennine the land use demands and propose land-using projects within provincial-level land use nonns for eve1y distr·ict-level administr·ative unit; distr·ict-level People's Committees shall dete1mine the land use demands of their localities. Provincial-level depaiiments and sectors and district-level People 's Committees shall send repo1is on their land use demands to provincial-level Natural Resources and Environment Depaiiments within 30 days after receiving the latter's written requests for registr·ation ofland use demands. Provincial-level Natural Resources and Environment Depa1iments shall plan the allocation of national land use no1ms and list projects in the national land use master plan and plans for eve1y district-level administr·ative unit; summarize and balance the land use demands and plan the allocation of provincial-level land use no1ms to eve1y district-level administrative unit. b/ Land use no1ms in provincial-level land use master plans include land use no1ms by land type and land use no1ms by functional zone. Land use no1ms by land type include those based on land types allocated by the national land use master plan to provincial-level localities and those based on land types dete1mined by provincial-level localities. Land use no1ms based on land types dete1mined by provincial-level localities include land for cultivation of perennial trees; land for cultivation of other annual © Vietnam Law and Legal F ornm Issue nos 04-06/May 2014 OFFICIAL GAZETTE 9 crops; rnral residential land; urban residential land; land for construction of offices of state agencies; land for constrnction of offices of non-business organizations; land for constrnction of diplomatic facilities; land of industrial clusters; land for trading and services; land of non-agricultural production units; land used for mining activities; land for development of provincial-level infrastructure facilities; land of religious institutions; land used for cemeteries, graveyards, funeral service centers and crematories. Land use no1ms by functional zone include agricultural production zones; forest:Iy zones; nature and biodiversity conservation zones; indust:I·ial development zones; urban centers; t:I·ade service zones; and rnral residential zones. c/ In case of necessity to change the sizes, locations and number of projects and works of the same land type without changing land use n01ms and areas according to use functions in approved land use master plans, provincial-level People 's Committees shall submit such changes to People's Councils of the same level for approval and update to dist:I·ict-level land use master plans and plans for implementation. 3. Dist:I·ict-level land use master plans and plans: a/ The responsibility for determining the land use demands in the elaboration and modification of district-level land use master plans and plans: Dist:I·ict-level divisions and sections shall dete1mine the land use demands and propose land-related projects on the list of disu-ict-level land use no1ms for eve1y commune-level adminisu-ative unit; People's Committees of communes, wards or townships (below refeITed to as commune-level People 's Committees) shall dete1mine the land use demands of their localities. District-level divisions and sections and commune-level People's Committees shall send repo1is on their land use demands to dist:I·ict-level Natural Resources and Environment Divisions within 30 days after receiving the latter 's written requests for regisu-ation of land use demands. Dist:I·ict-level Natural Resources and Environment Divisions shall dete1mine provincial level land use no1ms and projects in provincial-level land use master plans and plans allocated to dist:I·icts for eve1y commune-level administr·ative unit; summarize and balance the land use demands and plan the allocation of disu-ict-level land use no1ms to eve1y commune-level administrative unit. b/ Land use no1ms in district-level land use master plans include land use no1ms by land type and land use no1ms by functional zone Land use no1ms by land type include those based on land types allocated by provincial level land use master plans to disu-ict-level localities and those based on land types dete1mined by disu-ict- and commune-level localities. Land use no1ms based on land types dete1mined by disu-ict and commune-level localities include other agricultural land; land for production of building materials and potte1y; land for development of district- and commune-level infrastructure facilities; land for communal activities and public ente1iainment and recreation centers; land for belief activities; land with rivers, st:I·eams, canals, springs and special-use water smface; and other non-agricultural land. ©Vietnam Law and Legal Fomm 10 OFFICIAL GAZETTE lssut> nos 04-06/May 2014 Land use nonns by functional zone include zones for cultivation of wet rice; zones for production of perennial industrial trees; protection, special-use and production forests; industrial parks and clusters; urban - trade - service centers; tourist reso1is ; mral residential areas, craft villages and non-agricultural production zones. 4. In the course of elaborating master plans and plans on use of national defense or security land, the Ministiy of National Defense or the Ministiy of Public Security shall coordinate with provincial-level People 's Committees in detennining locations and areas of land types used for national defense and security purposes specified in Aliicle 61 of the Land Law in their localities. 5. The Minist:Iy of Natural Resources and Environment shall detail the order and contents of elaboration and modification of land use master plans and plans. Article 8. Consultation on land use master plans and plans 1. A dossier for consultation on national, provincial-level or disu-ict-level land use master plan or plan comprises: a/ A brief repo1i on the land use master plan or plan, covering land use n01ms, a list of projects and works expected to be built in the period of land use master plan or plan; bl A land use master plan or plan map. 2. Reports on summarization, assimilation and explanation of public opinions on national land use master plans and plans shall be publicized on the website of the Minist:Iy of Natural Resources and Environment and the General Depaiiment ofLandAdministi·ation. For provincial- or disti·ict-level land use master plans and plans, public opinions shall be publicized on websites of provincial- or disu-ict-level People's Committees. 3. The consultation with provincial-level People 's Committees on master plans and plans on use of national defense and security land is prescribed as follows: a/ The Ministiy of National Defense or the Ministiy of Public Security shall send dossiers for consultation on draft master plans and plans on use of national defense or security land to provincial-level People 's Committees. Within 30 days after receiving dossiers, provincial level People 's Committees shall send their opinions to the Minist:Iy of National Defense or the Ministiy of Public Security; b/ The Ministry of National Defense or the Ministry of Public Security shall summarize, assimilate and explain opinions of provincial-level People 's Committees and improve draft land use master plans and plans before submitting them to the Government for approval. Article 9. Order of and procedures for appraisal and approval of land use master plans and plans 1. Order of and procedures for appraisal and approval of provincial-level land use master plans and plans: a/ A provincial-level People 's Committee shall send the dossier of a land use master plan or plan to the Ministiy of Natural Resources and Environment for appraisal; © Vietnam Law and Legal F 01um Issue nos 04-06/May 2014 OFFICIAL GAZETTE 11 bl Within 5 days after receiving a complete and valid dossier of a land use master plan or plan, the Minis tty of Natural Resources and Environment shall send such dossier to members of the Council for Appraisal of Land Use Master Plans and Plans for opinion; cl In case of necessity, within 10 days after receiving a complete and valid dossier, the Council for Appraisal of Land Use Master Plans and Plans shall conduct the site inspections and Slllveys in areas in which land use pmposes are expected to change, especially areas in which the use pmpose of rice cultivation, protection forest or special-use forest land is expected to change; d/ Within 15 days after receiving a valid dossier, members of the Council for Appraisal of Land Use Master Plans and Plans shall send their written opinions to the Ministty of Natural Resources and Environment; dd/ Within 10 days after the expiration of the time limit for collection of opinions, the Ministty ofNatmal Resources and Environment shall organize a meeting of the Council for Appraisal of Land Use Master Plans and Plans and send a notice of results of appraisal of the land use master plan or plan to the provincial-level People 's Committee; el The provincial-level People 's Committee shall complete the dossier of the land use master plan or plan; submit it to the provincial-level People 's Council for approval; and then submit it to the Ministty of Natmal Resomces and Environment for approval; g/ Within 10 days after receiving a complete and valid dossier, the Ministty of Natural Resources and Environment shall submit the provincial-level land use master plan or plan to the Government for approval. 2. Order of and procedures for appraisal and approval of disu-ict-level land use master plans: a.I A disu-ict-level People's Committee shall send the dossier of a land use master plan to the provincial-level Natmal Resources and Environment Depaiiment for appraisal; bl Within 5 days after receiving a complete and valid dossier of a land use master plan or plan, the provincial-level Natural Resources and Environment Depru.iment shall send such dossier to members of the Council for Appraisal of Land Use Master Plans and Plans for opinion; cl In case of necessity, within 10 days after receiving a complete and valid dossier, the Council for Appraisal of Land Use Master Plans and Plans shall conduct the site inspections and surveys in ai·eas where land use pmposes ai·e expected to change, especially ai·eas where the use pmpose of rice cultivation, protection forest or special-use forest land is expected to change; d/ Within 15 days after receiving a valid dossier, members of the Council for Appraisal of Land Use Master Plans and Plans shall send their written opinions to the provincial-level Natmal Resomces and Environment Depa1iment; dd/ Within 10 days after the expiration of the time limit for collection of opinions, the provincial-level Natural Resomces and Environment Depaiiment shall organize a meeting of the Council for Appraisal of Land Use Master Plans and Plans and send a notice of results of appraisal of the land use master plan to the disu-ict-level People 's Committee; el The district-level People's Committee shall complete the dossier of the land use master plan; submit it to the disu-ict-level People's Council for approval; and then submit it to the provincial-level Natmal Resources and Environment Depaiiment for approval; ©Vietnam Law and Legal Fomm 12 OFFICIAL GAZETTE lssut> nos 04-06/May 2014 g/ Within 10 days after receiving a complete and valid dossier, the provincial-level Natural Resources and Environment Depruiment shall submit the district-level land use master plan to the provincial-level People's Committee for approval. 3. The order of and procedures for appraisal and approval of modifications of provincial level land use master plans and plans must comply with Clause 1 of this Article; the order of and procedures for appraisal and approval of modifications of district-level laud use master plans must comply with Clause 2 of this Aliicle. 4 . Order of and procedures for appraisal and approval of annual district-level land use plans: a/ In the third qua1ier of eve1y year, a district-level People 's Committee shall send the dossier of an annual land use plan of the subsequent year to the provincial-level Natural Resources and Environment Depruiment for appraisal; b/ Within 5 days after receiving a complete and valid dossier, the provincial-level Natural Resources and Environment Depruiment shall send such dossier to members of the Council for Appraisal of Land Use Master Plans and Plans for opinion; c/ Within 15 days after receiving a valid dossier, members of the Council for Appraisal of Land Use Master Plans and Plans shall send their written opinions to the provincial-level Natural Resources and Environment Depruiment; d/ Within 5 days after the expiration of the time limit for collection of opinions, the provincial-level Natural Resources and Environment Depruiment shall organize a meeting of the Council for Appraisal of Land Use Master Plans and Plans and send a notice of results of appraisal of the land use plan to the district-level People 's Committee for completion of the dossier; dd/ The provincial-level Natural Resources and Environment Depruiment shall draw up a list of projects which need land recove1y under Clause 3, Aliicle 62 of the Land Law and report it to the provincial-level People's Committee for submission to the provincial-level People 's Council for approval together with decision on allocation of the state budget for the payment of compensations for ground clearance at the year-end meeting of the provincial level People's Council; e/ Based on the complete dossier of the annual district-level land use plan and the resolution of the provincial-level People's Council, the provincial-level Natural Resources and Environment Depruiment shall submit the plan to the provincial-level People 's Committee for approval before December 31. 5. Order of and procedures for appraisal and approval of national defense or security land use master plans and plans: a/ The Ministry of National Defense or the Ministiy of Public Security shall send the dossier of a land use master plan or plan to the Ministiy ofNatmal Resources and Environment for appraisal ; b/ Within 5 days after receiving a complete and valid dossier, the Ministiy of Natural Resources and Environment shall send such dossier to members of the Council for Appraisal of Land Use Master Plans and Plans for opinion; © Vietnam Law and Legal F 01um Issue nos 04-06/May 2014 OFFICIAL GAZETTE 13 c/ Within 15 days after receiving the dossier, members of the Council for Appraisal of Land Use Master Plans and Plans shall send their written opinions to the Ministry of Natural Resources and Environment; d/ Within 10 days after the expiration of the time limit for collection of opinions, the Ministiy of Natural Resources and Environment Department shall organize a meeting of the Council for Appraisal of Land Use Master Plans and Plans and send a notice of results of appraisal of the land use master plan or plan to the Ministiy of National Defense or the Ministiy of Public Security; dd/ The Ministiy of National Defense or the Ministiy of Public Security shall complete the dossier of the land use master plan or plan and submit it to the Ministiy of Natural Resources and Environment for approval; e/ Within 10 days after receiving a complete and valid dossier, the Ministiy of Natural Resources and Environment shall submit the national defense or security land use master plan or plan to the Government for approval. Article 10. Conditions on organizations providing consultancy on the elaboration of land use master plans and plans 1. A non-business organization or an enterprise may provide consultancy on the elaboration of land use master plans and plans when fully meeting the following conditions: a/ Having the function of providing consultancy on the elaboration of land use master plans and plans; b/ Having at least 5 qualified persons meeting the conditions prescribed in Clause 2 of this Alticle. 2. A person may practice as a consultant on the elaboration of land use master plans and plans in an organization with the function of providing consultancy when fully meeting the following conditions: a/ Having the civil act capacity; b/ Possessing a university or postgraduate degree in land administi·ation, cadasti-al or other professional fields related to land use planning; c/ Having worked in the field of land use planning and other specialized planning for at least 24 months. Article 11. Implementation of land use master plans and plans 1. Provincial- and disti-ict-level People's Committees shall review master plans and plans ofland-using sectors, fields and localities to ensure their confonnity with land use master plans and plans decided or approved by competent state agencies. 2. Provincial-level People's Committees shall direct and inspect disti·ict- and commune level People's Committees in specifically detennining the actual areas and boundaries ofrice cultivation, special-use forest and protection forest land. Provincial-level People 's Committees must be answerable to the Prime Minister for protecting rice cultivation, special-use forest and protection forest land detennined in land use master plans and plans. ©Vietnam Law and Legal Fomm 14 OFFICIAL GAZETTE lssut> nos 04-06/May 2014 3. The Ministiy of Natural Resomces and Environment must be answerable to the Prime Minister for inspecting the realization of land use no1ms in national and provincial-level land use master plans and plans and supervising localities, minisn-ies and sectors in implementing land use master plans and plans. 4. In case some land use n01ms in land use master plans and plans, by the end of a land use planning period, remain unrealized but still confo1m with the same-level general socio economic development plan approved by competent state agencies, they may continue to be realized until land use master plans of the subsequent period are approved but within 12 months after the end of the previous land use planning period. Article 12. Settlement of some matters related to land use master plans and plans arising after July 1, 2014 1. For localities that have land use master plans through 2020, disn-ict- and commune level land use plans for the first 5 years of the period (2011-2015) approved by competent state agencies before July 1, 2014, may be used for the elaboration of dish'ict-level land use plans of 2015, modification of disn-ict-level land use master plans through 2020, and elaboration of annual land use plans in accordance with the Land Law. 2. For localities that have land use master plans through 2020, disti·ict-level land use plans for the first 5 years of the period (2011-2015) approved by competent state agencies and commune-level land use master plans and plans not yet approved before July 1, 2014, no commune-level land use master plans and plans shall be elaborated. Land use master plans through 2020, disti·ict-level land use plans for the first 5 years of the period (2011-2015) and products of projects on elaboration of commune-level land use master plans and plans for communes which are elaborating land use master plans and plans may be used for the elaboration of disn-ict-level land use plans of 2015, modification of land use master plans through 2020 and elaboration of annual land use plans in accordance with the Land Law. Chapter IV LAND RECOVERY, ALLOCATION, LEASE AND USE PURPOSE CHANGE Article 13. Consultations with minisn-ies on land-using projects on islands or in border or coastal communes, wards and townships 1. For projects with foreign direct investment on islands or in border or coastal communes, wards and townships not subject to approval or investment decision of the National Assembly or Prime Minister, before considering and approving the investment policy, provincial-level People 's Committees shall send written requests to the following minisn-ies for opinion: a/ The Ministiy ofNational Defense, Ministiy of Public Secmity and Ministiy of Foreign Affairs, for land parcels on islands or in border communes, wards or townships; b/ The Ministiy of National Defense, for land parcels in coastal communes, wards or townships adjacent to land parcels used for national defense pmposes, except the cases in which resti·icted areas have been dete1mined under regulations; c/ The Ministiy of Public Secmity, for land parcels in coastal communes, wards or townships adjacent to land parcels used for security pmposes. © Vietnam Law and Legal F ornm Issue nos 04-06/May 2014 OFFICIAL GAZETTE 15 2. Within 20 days after receiving a written request for opinion, the Minishy of National Defense, Ministry of Public Security and Ministiy of Foreign Affairs shall send their written opinions to provincial-level People's Committees. 3. In case projects specified in Clause 1 of this At1icle use rice cultivation, protection forest or special-use forest land under Point a, Clause 1, At1icle 58 of the Land Law, ministr·ies shall be consulted before these projects are submitted to the Prime Minister. Article 14. Detailed provisions on conditions on persons allocated or leased land by the State or pennitted by the State to change land use purpose to implement investment projects a/ Investment projects to build houses for sale or lease or both sale and lease in accordance with the housing law; b/ Investment projects to deal in real estate associated with land use rights in accordance with the law on real estate business; c/ Production or business projects not funded by the state budget. 2. The condition of financial capacity to ensure the land use according to the investment project's schedule is prescribed as follows: a/ Having own capital for implementation of the project equal to at least 20% of the total investment, for projects using less than 20 hectares of land; or to at least 15% of the total investment, for projects using 20 hectares of land or more; b/ Being able to raise capital for implementation of the project from credit institutions, foreign bank branches and other organizations and individuals. 3. The identification of persons to be allocated or leased land by the State or pe1mitted by the State to change the land use pmpose to implement investment projects not in violation of the land law in case they are using land allocated or leased by the State for implementation of other investment projects must be based on the following grounds: a/ Results of the handling of violations of the land law committed by local projects archived at provincial-level Natural Resources and Environment Depai1ments; b/ Contents of violations of the land law and results of the handling thereof publicized on the websites of the Ministry ofN atural Resources and Environment and the General Depai1ment of Land Administi·ation, for other local projects. 4. The examination of the conditions specified in this A.tiicle shall be conducted at the same time with the appraisal of the land use demands of investors upon the grant of investment ce1ii:ficates, appraisal of investment projects, elaboration of economic-technical repo11s or investment approval in accordance with the investment law and construction law in case of land allocation or lease not through the auction ofland use rights or change ofland use pmpose. In case land use rights ai·e auctioned, the examination of the above conditions shall be conducted before the auction of land use rights is organized. Article 15. Force majeure circumstances which affect the land use schedule of investment projects and point oftime for counting the land use te1m extension of 24 months in cases land is not put to use or the land use schedule is late ©Vietnam Law and Legal Fomm 16 OFFICIAL GAZETTE lssut> nos 04-06/May 2014 l . Force nwjeure circumstances which directly affect the land use schedule of investment projects allocated or leased land by the State under Point i, Clause 1, Alticle 64 of the Land Law include: a/ Natural disasters, environmental disasters; b/ Fires and epidemics; c/ Wars; di Other force majeure circumstances as decided by the Prime Minister. 2 . The point of time for counting the land use te1m extension of24 months in case land is not put to use or the land use schedule is late is prescribed as follows: a/ In case an investment project fails to put land into use for 12 consecutive months after receiving land handed over in the field, the investor may extend the land use te1m for 24 months counted from the 13th month since the land handover; b/ In case the land use schedule of an investment project is 24 months late compared with the schedule stated in the project documents since the land handover in the field, the point of time for counting the land use te1m extension of 24 months is the 25th month since the planned time of completion of constm ction investment. In case the project is allocated or leased land according to schedule, the land use te1m extension of 24 months shall apply to each land area allocated or leased as scheduled; the point of time for counting the land use te1m extension of 24 months is the 25th month since the planned time of completion of constm ction investment in such land area. 3. Provincial-level People's Committees shall review, handle and publicize on their websites investment projects that have failed to put land into use for 12 consecutive months or have land use schedules 24 months late compared with those stated in project documents; projects that have their land use te1ms extended; and projects that have late land use schedules due to force majeure circumstances; and provide info1mation to be publicized on the websites of the Mini.shy of Natural Resources and Environment and the General Depa1tment ofLand Administi·ation. Article 16. Use ofland for production and business purposes through purchase ofland attached assets, receipt of ti·ansfened or leased land use rights or receipt of land use rights conti·ibuted as capital The use ofland for production and business purposes through purchase ofland-attached assets, receipt of transfe1Ted or leased land use rights or receipt of land use rights contributed as capital must adhere to the following principles: 1. It is confo1mable with approved and publicized disti·ict-level annual land use plans. 2. Localities no longer have clear ground areas for use for proper production and business pmposes, except for projects in the sectors or areas eligible for investment incentives. 3. In case investors receive ti·ansfened land use rights but have to change the land use pmpose, they may do so only after competent People 's Committees pe1mit in writing the land use pmpose change and land use te1m adjustment suitable to the use of land for production and business. © Vietnam Law and Legal F ornm Issue nos 04-06/May 2014 OFFICIAL GAZETTE 17 4. In case the land area for implementation of a production or business project has a land parcel on which the cmTent land user has no right to transfer, lease or contribute land use rights as capital in accordance with the land law, the investor may reach agreement to purchase land-attached assets of the cun:ent land user and the State shall recover land, change the land use purpose and lease land to the investor for project implementation. The contract on purchase and sale of land-attached assets must clearly state that the asset seller voluntarily retmns the land for recove1y and lease by the State to the asset purchaser. Article 17. Notification of land recove1y, composition of land recove1y enforcement boards, expenses for land recove1y enforcement, settlement of complaints about and lawsuits against land recove1y enforcement The notification of land recove1y, composition of land recove1y enforcement boards, expenses for land recove1y enforcement, settlement of complaints about and lawsuits against land recove1y enforcement prescribed in Aliicles 61 and 62 of the Land Law must comply with the following provisions: 1. The natm·al resources and environment agency shall submit to the same-level People's Committee for approval a plan on land recove1y, investigation, smvey, measurement and invento1y, covering the following contents: a/ Reason for land recove1y; b/ AI·ea and location of the land parcel to be recovered as stated in the existing cadastral dossier or detailed constmction master plan approved by a competent state agency. In case land is recovered according to the project implementation schedule, the land recove1y schedule must be clearly stated; c/ Plan on investigation, smvey, measurement and invento1y; d/ Tentative plan on relocation and resettlement; dd/ Assignment of the tasks of making and implementing a compensation, suppo1i and resettlement plan. 2. A notice of land recove1y must have the contents specified at Points a, b, c and d, Clause 1 of this Alticle. 3. A land recove1y enforcement board shall be composed of: a/ Chairperson or vice chairperson of the district-level People 's Committee as the head; b/ Members who are representatives of district-level finance, natm·al resources and environment, inspection, justice and constmction agencies; the commune-level Fatherland Front Committee; the organization in charge of payment of compensations and ground clearance and the commune-level People 's Committee of the locality where the land is located, and some other members decided by the chaiiperson of the district-level People 's Committee. 4. The public security force shall base itself on land recove1y enforcement plans to make plans to protect order and safety in the process of implementation of land recove1y enforcement plans. ©Vietnam Law and Legal Fomm 18 OFFICIAL GAZETTE lssut> nos 04-06/May 2014 5. When enforcing the land recove1y, if coerced persons refuse to receive their assets under Point c, Clause 4, Aiticle 71 of the Land Law, enforcement boards shall hand over their assets to commune-level People's Committees for preservation in accordance with law. 6. Persons whose land is recovered and related organizations and individuals may file lawsuits about land recove1y in accordance with the law on complaints. Pending the issuance of decisions on settlement of complaints, complainants shall continue to comply with land recove1y decisions or land recove1y enforcement decisions. In case state agencies competent to settle complaints conclude that the land recove1y is unlawful, the uncompleted enforcement shall be stopped, issued land recove1y decisions shall be cancelled and compensations for damage (if any) caused by land recove1y decisions must be paid. In case the land recove1y is related to rights and interests of other organizations and individuals in the use of land in accordance with other relevant laws, the State shall recover land or enforce land recove1y decisions under regulations before the rights and obligations related to the land use are completely settled between persons whose land is recovered and such organizations and individuals in accordance with relevant laws. ChapterV LAND REGISTRATION, GRANT OF CERTIFICATES OF LAND USE RIGHTS AND OWNERSHIP OF HOUSES AND OTHER LAND-ATTACHED ASSETS Article 18. Other documents on land use rights specified at Point g, Clause 1, Aliicle 100 of the Land Law Other documents made before October 15, 1993, under Point g, Clause 1, Aliicle 100 of the Land Law bearing names of land users include: 1. Land registers and field establishment registers made before December 18, 1980. 2. One of documents made during the process ofland and field registration under the Prime Minister 's Directive No. 299-TTg ofNovember 10, 1980, on smvey, classification and statistical registration of land and fields nationwide under the management of state agencies, including: a/ Minutes of approval of commune-level land and field registration councils, detennining that the cmTent land use is lawful; b/ Lists of lawful land use cases made by commune-level People's Committees or commune-level land and field registration councils or district- or provincial-level land administration agencies; c/ Applications for registration of land and field use rights, for cases in which documents specified at Points a and b of this Clause are unavailable. 3. Projects or lists or documents on einigration of people to build new econoinic zones or for resettlement approved by district- or provincial-level People 's Committees or competent state agencies. 4. Documents of state-nm agricultmal and forest fa1ms on allocation ofland to workers of these fa1ms for building their houses (if any) . © Vietnam Law and Legal F ornm Issue nos 04-06/May 2014 OFFICIAL GAZETTE 19 5. Documents having contents on ownership of houses and works; building and repair of houses and works certified or pennitted by district- or provincial-level People's Committees or state management agencies in charge of houses and constmction. 6. Documents on temporary allocation ofland by district- or provincial-level People 's Committees; written requests for land use approved by commune-level People's Committees or agricultural cooperatives before July 1, 1980, or approved by district- or provincial-level People's Committees. 7. Documents issued by competent state agencies on allocation of land to agencies and organizations for a1rnngement of land parcels to their officials, workers and employees for building houses on their own or for building houses to be distributed to their officials, workers and employees with non-state budget funds or contributions of such officials, workers and employees. In case of building houses with state budget funds, built houses shall be handed over to local housing management agencies for management and trading in accordance with law. 8. Copies of the documents specified in Alticle 100 of the Land Law and the documents specified in Clauses 2, 3, 4, 5, 6 and 7 of this Alticle must have ce1tification of district- or provincial-level People 's Committees or specialized management agencies in case the original documents ru·e lost and state agencies no longer preserve dossier of management of the grant of such documents. Article 19. Entities ineligible for grant of ce1tificates of land use rights and ownership of houses and other land-attached assets 1. Organizations and communities that are allocated land by the State for management in the cases specified in Alticle 8 of the Land Law. 2. Persons who are managing and using agricultural land belonging to the public-utility land funds of communes, wru·ds or townships. 3. Persons who lease or sub-lease land from land users, except cases ofleasing or sub leasing land from investors building and dealing in infrastmcture facilities in industrial parks, industrial clusters, expo1t processing zones, hi-tech parks or economic zones. 4. Persons who receive land for use on a contractual basis in agricultural or forestry fa1ms, agricultural or forestry enterprises, protection forest management boards or special-use forest management boards. 5. CmTent land users that fail to fully meet the conditions for grant of ceitificates ofland use rights and ownership of houses and other land-attached assets. 6. Land users that fully meet the conditions for grant of ce1tificates ofland use rights and ownership of houses and other land-attached assets but have received land recove1y notices or decisions of competent state agencies. 7. Organizations and commune-level People 's Committees that ru·e allocated land by the State without land use levy for the purpose of construction of public facilities, including roads; water, petrol, oil and gas pipelines; power tr·ansmission and info1mation communication lines; outdoor ente1tainment and recreation centers; cemeteries and graveyards for non-commercial purposes. ©Vietnam Law and Legal Fomm 20 OFFICIAL GAZETTE lssut> nos 04-06/May 2014 Article 20. Grant of certificates of land use rights and ownership of houses and other land-attached assets to households and individuals cmTently using land without documents on land use rights and having cormnitted no violation of the land law The grant of certificates of land use rights and ownership of houses and other land attached assets (recognition of land use rights) to households and individuals that have been stably using land since before July 1, 2004, but have none of the documents specified in.AJ.ticle 100 of the Land Law, Alticle 18 of this Decree, and do not fall into any of the cases specified in Clause 1, Alticle 101 of the Land Law and Alticle 23 of this Decree, must comply with the following provisions: 1. For households and individuals that have been using land on which there are houses and other constrnction works since before October 15, 1993, and are now ce1tified by commune level People's Cormnittees of localities where such land is located that they are not involved in any land use dispute; if the land use at the time of submission of dossiers of application for ce1ti:ficates of land use rights and ownership of houses and other land-attached assets is confo1mable with approved land use master plans, detailed urban constrnction master plans or master plans on constrnction of rural residential areas or master plans on constrnction of new countryside (below collectively refened to as master plans), or is unconfo1mable with these master plans but sta1ted before these master plans are approved or takes place in localities having no master plan, their land use rights may be recognized as follows: a/ For a land parcel with houses which is smaller than or equal to the residential land recognition quota prescribed in Clause 4, Alticle 103 of the Land Law (below refened to as the residential land recognition quota), the whole area of the land parcel shall be recognized as residential land. For a land parcel with houses which is larger than the residential land recognition quota, the residential land area to be recognized must be equal to the residential land recognition quota. In case the land area for construction of houses and works for daily life is larger than the residential land recognition quota, the actual constrnction area shall be recognized as residential land area; b/ For a land parcel with construction works for production, commercial activities or provision of non-agricultural services, the actual construction area shall be recognized as land of non-agricultural production establishments, commercial or service land. The fo1m of land use shall be recognized as land allocation with land use levy for stable and long-te1m use; c/ For a land parcel with both houses and constrnction works for production, commercial activities or provision of non-agricultural services which is larger than the residential land allocation quota, the residential, non-agricultural production, commercial or service land area shall be recognized under Points a and b of this Clause; d/ Land areas remaining after the dete1mination is conducted under Points a, b and c of this Clause shall be dete1mined as agricultural land and recognized under Clause 5 of this Alticle. 2 . For households and individuals that have been using land on which there are houses and other constmction works since before October 15, 1993, to before July 1, 2004, and are now © Vietnam Law and Legal F ornm Issue nos 04-06/May 2014 OFFICIAL GAZETTE 21 ce1iified by commune-level People's Committees oflocalities where such land is located that they are not involved in any land use dispute; if their land use is confo1mable with approved land use master plans, or is unconfo1mable with these master plans but sta1ied before these master plans are approved or takes place in localities having no master plan; and if there is no land recove1y notice or decision of a competent state agency in case of compulso1y recove1y, their land use rights may be recognized as follows: a/ For a land parcel with houses which is smaller than or equal to the residential land allocation quota prescribed in Clause 2, Aliicle 143, and Clause 4, Alticle 144 of the Land Law (below refened to as the residential land allocation quota), the whole area of the land parcel shall be recognized as residential land. For a land parcel with houses which is larger than the residential land allocation quota, the residential land area to be recognized must be equal to the residential land allocation quota . In case the land area for constmction of houses and works for daily life is larger than the residential land allocation quota, the actual constmction area shall be recognized as residential land area; b/ For a land parcel with constmction works for production, commercial activities or provision of non-agricultural services, the actual construction area shall be recognized as land of non-agricultural production establishments, commercial or service land under Point b, Clause 1 of this Alticle; c/ For a land parcel with both houses and construction works for production, commercial activities or provision of non-agricultural services which is larger than the residential land allocation quota, the residential, non-agricultural production, commercial or service land area shall be recognized under Points a and b of this Clause; d/ Land areas remaining after the dete1mination is conducted under Points a, b and c of this Clause shall be dete1mined as agricultural land and recognized under Clause 5 of this Alticle. 3. In case a land parcel is jointly used by many households and individuals, the residential land quota prescribed in Clauses 1 and 2 of this Alticle must be equal to the total residential land quota of such households and individuals. In case a household or an individual uses many land parcels with houses bequeathed by their ancestors or inherits land use rights from their ancestors and is ce1ti:fied by the commune level People's Committee that it/he/she has been stably using land since before October 15, 1993, and commits no violation of the land law, the residential land quota shall be dete1mined according to regulations for each of such land parcels. 4. The application oflocal regulations on residential land quotas to dete1mine residential land areas in the cases specified in Clauses 1, 2 and 3 of this Alticle must comply with regulations effective at the time when land users subinit valid dossiers for registr·ation and grant of ce1ti:ficates of land use rights and ownership of houses and other land-attached assets. 5. A household or an individual that has been stably using land for the agricultural pmpose since before July 1, 2004, which is now ce1tified by the commune-level People's Committee to be dispute-free, may have its/his/her land use rights recognized as follows: ©Vietnam Law and Legal Fomm 22 OFFICIAL GAZETTE lssut> nos 04-06/May 2014 a/ In case the household or individual is directly engaged in agricultural production, it/he/she shall be granted a certificate of land use rights and ownership of houses and other land-attached assets in the fo1m ofland allocation by the State with land use levy for the land area cmTently in use not exceeding the agricultmal land allocation quota specified in Article 129 of the Land Law. The remaining agricultural land area (if any) shall be conve1ted into land leased from the State; b/ In case the household or individual is not directly engaged in agricultmal production, it/he/she shall be granted a ce1tificate of land use rights and ownership of houses and other land-attached assets in the fo1m of land lease by the State for the land area cmTently in use. The land lease te1m must comply with Clause 2, Alticle 126 and Clause 4, Alticle 210 of the Land Law; c/ For agricultm al land in the same parcel with houses and other constrnction works which is not recognized as non-agricultmal land specified in Clauses 1 and 2 of this Alt icle, the household or individual cmTently using land shall be granted a ce1t ificate of land use rights and ownership of houses and other land-attached assets according to the cmTent use pmpose in the cases specified at Point a of this Clause. Land users that wish to change to a non-agricultmal pmpose shall cany out procedmes for land use pmpose change and pay land use levy in accordance with law. 6. The :financial obligations for the grant of ceitificates ofland use rights and ownership of houses and other land-attached assets in the cases specified in this Alticle shall be perfo1med in accordance with law. 7 . Houses and individuals that cmTently use land in the cases specified in Clauses 1, 2 and 5 of this Alticle but fail to meet the conditions for grant of ce1t i:ficates of land use rights and ownership of houses and other land-attached assets may temporarily use land in its cmTent status until the State recovers land and shall make land declaration and registration under regulations. Article 21. Bases for dete1mining stable land use 1. Stable land use means consecutive use of land for a ce1tain main pmpose from the time of staiting the use of land for such pmpose to the time of grant of a certificate of land use rights and ownership of houses and other land-attached assets or to the time of issuance of a land recove1y decision by a competent state agency in case no ce1ti:ficate of land use rights, ce1t i:ficate of house ownership and residential land use rights or ce1tificate of land use rights and ownership of houses and other land-attached assets (below collectively referred to as ce1t i:ficate) has been granted. 2. The time of staiting the stable land use shall be dete1mined based on the time and contents related to the land use pmpose stated in one of the following documents: a/ Receipt of agricultmal land use tax and house and land tax; b/ Written record or decision on sanctioning of administrative violation in land use, written record or decision on sanctioning of administrative violation in the construction of land-attached facilities; © Vietnam Law and Legal F ornm Issue nos 04-06/May 2014 OFFICIAL GAZETTE 23 c/ Decision or judgment of a people's comi which has taken legal effect or judgment enforcement decision of a judgment enforcement agency which has been enforced regarding land-attached assets; d/ Decision of a competent state agency on settlement of a land dispute which has taken legal effect; minutes of conciliation of a land dispute bearing signatures of disputing pariies and ceriification of the commune-level People's Committee of the locality where the disputed land is located; dd/ Decision on settlement of a land use-related complaint or denunciation of a competent state agency; el Document for registration of permanent residence or long-term temporary residence in a residential land-attached house; identity card or birih ceriificate, and electricity and water charge bills and other receipts bearing the house address at the registered land parcel; g/ Document on assignment, allocation or distribution of house or land by the agency or organization assigned by the State to manage and use land; h/ Document on purchase and sale of houses and other land-attached assets or documents on purchase and sale of land and transfer of land use rights bearing signatures of related paiiies; i/ Maps, registers and documents on land smvey and measmement in different periods; kl Declaration of houses and land for registration bearing the ceriification of the commune-level People 's Committee at the time of declai·ation and registration. 3. In case the points of time ofland use shown in the documents specified in Clause 2 of this Aliicle are inconsistent, the time of stariing stable land use shall be determined according to the document showing the earliest date of land use. 4. In case none of the documents specified in Clause 2 of this Aliicle is available or they do not cleai·ly state the time of document establishment and land use purpose, there must be the commune-level People's Committee's ceriification of the time of staiiing land use and land use pmpose based on opinions of persons who have once resided in the land by the time when the ceriification requester staiis the land use in the residential area (village, hamlet or street quarter) where the land is located. Article 22. Handling and grant of ceriificates ofland use rights and ownership of houses and other land-attached assets to land-using households and individuals that commit violations of the land law before July 1, 2014 1. In case of use of encroached or occupied land of public-facility protection coITidors after the State announces and puts up boundary landmarks of such coITidors, or of encroached or occupied land of roads, roadsides and pavements after the State announces construction red lines, or of encroached or occupied land used for the construction of offices of state agencies, non-business works or other public facilities, the State shall recover land for retmning to these works without granting ceriificates ofland use rights and ownership of houses and other land attached assets for encroached or occupied land areas. In case due to adjustment of land use master plans and construction master plans approved by competent state agencies, encroached or occupied land ai·eas no longer belong to ©Vietnam Law and Legal Fomm 24 OFFICIAL GAZETTE lssut> nos 04-06/May 2014 public-facility protection conidors, lie within the redlined areas for constrnction of roads or for constrnction of offices of state agencies, non-business works or other public facilities, cmTent land users may be considered for grant of ce1tificates ofland use rights and ownership of houses and other land-attached assets and shall perfo1m the :financial obligations prescribed by law. 2. Cases of use of encroached or occupied land which has been allocated by the State without land use levy to state-nm agricultmal and forestry fa1ms, forest management boards, agricultmal or forestry centers, stations, faims or companies shall be handled as follows: a/ In case of use of encroached or occupied land areas planned for the protection and development of special-use forests or protection forests, provincial-level People's Committees shall direct the recove1y of such land areas for allocation to forest management boards for management and use. Persons cmTently using encroached or occupied land may be considered by forest management boards for contractual assignment of forest land for forest protection and development in accordance with the law on forest protection and development. In case no forest management boai·d exists, persons cmi:ently using encroached or occupied land may be allocated land by the State for use for the pmpose of protection and development of protection forests and be granted ce1ti:ficates of land use rights and ownership of houses and other land-attached assets; b/ In case of use of encroached or occupied land areas planned for the construction of public infrastructme facilities, provincial-level People 's Committees shall direct the recove1y of such land ai·eas for allocation to investors for the construction of such facilities. Persons cmi:ently using encroached or occupied land may continue temporarily using such land until the State recovers the land but shall preserve the cmi:ent land use status and make land declai·ation and registr·ation under regulations; c/ In case of use for agricultmal production or construction of houses on encroached or occupied land areas which ai·e not planned for the protection and development of special-use forests or protection forests, or for the construction of public infrastructme facilities, cmi:ent land users may be considered for grant of ce1ti:ficates of land use rights and ownership of houses and other land-attached assets. In case of use for agricultmal production of land ai·eas encroached or occupied dming the period from July 1, 2004, to July 1, 2014, which ai·e now still planned to be allocated to agricultmal or forestry fa1ms for management and use, provincial-level People's Collllllittees shall recover such land areas for retmning to agricultm·al or forestry fa1ms. 3. Cases of encroachment or occupation of unused land or of land use pmpose change without pe1mission of competent state agencies in case such pennission is required in accordance with the land law shall be handled as follows: a/ In case of use of land planned for use for the pmposes specified in Alticles 61 and 62 of the Land Law, the State shall recover the land before projects or works are implemented or constructed. Persons cmi:ently using encroached or occupied land may continue temporai·ily using such land until the State recovers it but shall preserve the cmTent land use status and make land declaration and regisu-ation under regulations; © Vietnam Law and Legal F ornm Issue nos 04-06/May 2014 OFFICIAL GAZETTE 25 b/ In case of use of land not falling into the case specified at Point a of this Clause, provincial-level People's Committees shall direct the review and modification of land use master plans. Cunent land users may be considered for grant of ce1iificates of land use rights and ownership of houses and other land-attached assets. 4. Households and individuals cunently using self-reclaimed agricultural land areas which are confonnable with land use master plans approved by competent state agencies and dispute-free may have their land use rights recognized by the State according to land quotas set by provincial-level People 's Committees. They shall change to lease land areas that exceed land quotas set by provincial-level People 's Committees. 5. CmTent land users stably using dispute-free land in the cases specified in Clausel; Points a and c, Clause 2; and Point b, Clause 3 of this Article may be granted ce1tificates of land use rights and ownership of houses and other land-attached assets as follows: a/ For land parcels with houses, their residential land areas may be recognized under Point a, Clause 2, Alticle 20 of this Decree; b/ Land parcels with non-residential construction works may be recognized under Point b, Clause 1 and Point b, Clause 2, Alticle 20 of this Decree; c/ Land areas cmTently in use and detennined as agricultmal land may have land use rights recognized under regulations applicable to the cases specified in Clause 5, Alticle 20 of this Decree; d/ Land users that are granted ce1tificates of land use rights and ownership of houses and other land-attached assets specified in this Clause shall perf01m the financial obligations prescribed by law. Article 23. Grant of ce1tificates of land use rights and ownership of houses and other land-attached assets to households and individuals that are allocated land ultra vires 1. Cases of allocation of land ultra vires to households and individuals specified in this Alticle include cases in which heads of residential qua1ters or commune-level People's Committees allocated land ultra vires under the land law in different periods; and cases in which organizations that are allocated or leased land by the State for use distributed or ananged such land to their officials, workers, employees or members for use for housing and other pm-poses. 2. In case land allocated ultra vires has been stably used since before October 15, 1993, is dispute-free and confo1mable with land use master plans, cmTent land users may be granted ce1tificates of land use rights and ownership of houses and other land-attached assets for allocated land areas under Clause 1, Alticle 20 of this Decree. 3. For land allocated ultra vires and stably used in the period from October 15, 1993, to before July 1, 2014, which is dispute-free and confo1mable with land use master plans, ce1tificates of land use rights and ownership of houses and other land-attached assets may be granted under Clause 2, Alticle 20 of this Decree. For land parcels with gardens and ponds associated with houses or other construction works, the remaining areas without houses and other construction works shall be dete1mined ©Vietnam Law and Legal Fomm 26 OFFICIAL GAZETTE lssut> nos 04-06/May 2014 as agricultural land according to the cmTent use status and land users that wish to change their use to non-agricultural purposes shall cany out procedures for land use pmpose change. 4. Land users that are granted certificates of land use rights and ownership of houses and other land-attached assets specified in Clauses 2 and 3 of this Aliicle shall perf01m the :financial obligations prescribed by law. 5. The State shall not grant ce1tificates ofland use rights and ownership of houses and other land-attached assets for and shall recover all land areas allocated or leased ultra vires on and after July 1, 2014. Article 24. Dete1mination of residential land areas upon grant of certificates of land use rights and ownership of houses and other land-attached assets to households and individuals using land with gardens and ponds associated with houses 1. Land with gardens and ponds specified in Alticle 103 of the Land Law means land parcels with gardens and ponds associated with houses, including land parcels inside and outside residential quaiters in the following cases: a/ Land parcels with houses, gardens and ponds; b/ Land parcels on which documents on land use rights specified in Clauses 1, 2 and 3, Alticle 100 of the Land Law and Alticle 18 of this Decree show houses, gai·dens and ponds which all have been actually used for the housing pmpose. 2 . Documents se1v ing as bases for dete1mination of residential land areas Ullder Clauses 2, 3 and 4, Alticle 103 of the Land Law are those showing one or several use purposes, including housing or residential land pmpose. 3. For land parcels with gardens and ponds associated with houses fo1med before December 18, 1980, for which cmTent land users have one of the documents on land use rights specified in Clauses 1, 2 and 3, Alticle 100 of the Land Law and Alticle 18 of this Decree, which does not clearly indicate the residential land area, the residential land area to be recognized without land use levy is equal to the actual area of the land pai·cel in case the ai·ea of the land pai·cel is smaller than five times the residential land allocation quota, or equal to five times the residential land allocation quota in case the area of the land parcel is larger than five times the residential land allocation quota in accordance with the Land Law. 4. For land ai·eas remaining after the determination of residential land areas Ullder Alticle 103 of the Land Law and Clause 3 of this Alticle, and cmTently used as gardens and ponds which ai·e requested by land users to be recognized as residential land or other 110 11 agricultmal land, land users may be granted ce1tificates of land use rights and ownership of houses and other land-attached assets according to such use pmpose and shall perfo1m the :financial obligations prescribed by law. 5. Residential land areas of households and individuals in case of residential land pai·cels with gardens and ponds for which ce1tificates ai·e granted before July 1, 2014, shall be dete1mined as follows: a/ If households and individuals using land parcels with gai·dens and ponds associated with houses are granted ce1tificates before July 1, 2014, residential land areas shall be dete1mined to be areas stated in the granted ce1tificates; © Vietnam Law and Legal F ornm Issue nos 04-06/May 2014 OFFICIAL GAZETTE 27 b/ If by the time of grant of previous ce1iificates, land users had one of the documents specified in Clauses 1, 2 and 3, Aliicle 100 of the Land Law and Alticle 18 of this Decree but residential land areas are neither detennined under Clauses 2, 3 and 4, Aliicle 103 of the Land Law and Clause 3 of this Aliicle and nor re-determined under Points b and c, Clause 1, Alticle 45 of the Gove1mnent's Decree No. 181/2004/ND-CP of October 29, 2004, on implementation of the 2003 Land Law, and now land users file written requests for re-detennination of their residential land areas or the State recovers re-detennined residential land areas under Clauses 2, 3 and 4, Alticle 103 of the Land Law and Clause 3 of this Aliicle, households and individuals are not required to pay land use levy and are entitled to compensations when the State recovers land areas re-determined as residential land. Article 25. Grant of ce1iificates of land use rights and ownership of houses and other land-attached assets to domestic organizations cmTently using land not falling into the cases specified in Alticle 46 of this Decree 1. Domestic organizations cmTently using land without ce1iificates shall review and declare the cmTent land use status and repo1i such to provincial-level People's Committees of localities where the used land is located. 2. Based on reports on cmTent land use status of the above organizations, provincial-level People's Committees of localities where the used land is located shall inspect the cmTent land use status and decide to handle as follows: a/ For land areas cmTently used for proper pm-poses, competent state agencies shall detennine the fo1m ofland use in accordance with law and grant ce1iificates ofland use rights and ownership of houses and other land-attached assets. In case ofland use without documents specified in Aliicle 100 of the Land Law and Aliicle 18 of this Decree, the fo1ms of land use specified in Aliicles 54, 55 and 56 of the Land Law shall be applied, while the fo1m of land use specified inAiiicle 56 of the Land Law shall be applied to land for constrnction of offices of socio-professional organizations; b/ The land use te1m, for which certificates of land use rights and ownership of houses and other land-attached assets are granted under Point a of this Clause in case land users have documents on land use rights specified in Aliicle 100 of the Land Law and Aliicle 18 of this Decree, shall be dete1mined according to such documents. In case land users have documents on land use rights which do not indicate a land use te1m or indicate a land use te1m not confo1mable with the land law, the land use te1m shall be dete1mined under Aliicle 126 of the Land Law and counted from October 15, 1993, for cases ofland use before October 15, 1993, or counted from the date of issuance of land allocation or lease decision, for cases of land use since October 15, 1993; c/ Land areas used for improper pm-poses, land areas encroached or occupied due to iITesponsibility, land areas leased or lent to other organizations, households and individuals, land areas unlawfully contributed as capital to joint ventmes or unde1iakings, land areas not used for more than 12 months or left unused for more than 24 months behind schedule shall be handled under decisions of provincial-level People's Committees in accordance with law; d/ Land areas ananged by organizations to households and individuals being theiI· officials, workers and employees for the housing pmpose shall be handed over to district-level ©Vietnam Law and Legal Fomm 28 OFFICIAL GAZETTE lssut> nos 04-06/May 2014 People's Committees of localities where such land areas are located, for management. For residential land areas cmTently used in confonnity with master plans, ce1ti:ficates of land use rights and ownership of houses and other land-attached assets shall be granted to cmTent land users, who shall perfonn the :financial obligations prescribed by law; dd/ For disputed land areas, provincial-level People 's Committees shall definitely settle such disputes in order to identify land users in accordance with law. Article 26. Grant of ceiti:ficates ofland use rights and ownership of houses and other land attached assets for land for construction of mban areas, mral residential areas and production and business areas with multiple use pm-poses 1. For land allocated to investors for implementing projects on construction of mban areas or mral residential areas while these projects have different construction items or different land areas used for different pm-poses prescribed in Alticle 10 of the Land Law, the locations and sizes of land areas used for each pmpose shall be detennined and ce1ti:ficates of land use rights and ownership of houses and other land-attached assets shall be granted as follows: a/ Certificates ofland use rights and ownership of houses and other land-attached assets shall be granted for each land parcel used for a certain pmpose in confonnity with the detailed construction plan approved by a competent state agency; b/ The land areas used for construction of public facilities serving the community's common interests inside and outside mban areas or mral residential areas under the investment projects and approved detailed construction plan shall be handed over to the localities for management without being granted ce1ti:ficates of land use rights and ownership of houses and other land-attached assets. 2 . For land allocated to investors for implementing production and business projects which have different land areas used for different pmposes, a single ce1ti:ficate of land use rights and ownership of houses and other land-attached assets shall be granted to the investor for the whole area of such land, which clearly indicates the locations and sizes of land areas used for each pmpose prescribed in Alticle 10 of the Land Law. In case the investor so wishes, a ce1ti:ficate ofland use rights and ownership of houses and other land-attached assets shall be granted for each land parcel used for a ce1tain pmpose in accordance with the land law and the approved detailed construction plan. Article 27. Grant of ceiti:ficates of land use rights and ownership of houses and other land-attached assets for land having historical-cultmal relics or scenic spots The grant of ce1ti:ficates of land use rights and ownership of houses and other land attached assets for land having historical-cultmal relics or scenic spots which have been ranked or are protected under decisions of provincial-level People's Committees is prescribed as follows: 1. For land having independent historical-cultmal relics or scenic spots which are cunently used by agencies, organizations, communities, households or individuals, ce1ti:ficates of land use rights and ownership of houses and other land-attached assets shall be granted to these agencies, organizations, communities, households or individuals. © Vietnam Law and Legal F ornm Issue nos 04-06/May 2014 OFFICIAL GAZETTE 29 2. In case historical-cultmal relics or scenic spots are areas with different land users and involving different types of land, certificates of land use rights and ownership of houses and other land-attached assets shall be granted to eve1y land user and for each type ofland in such areas. Land users shall comply with regulations on protection of historical-cultural relics and scenic spots. Article 28. Grant of ce1i ificates of land use rights and ownership of houses and other land-attached assets for land cmTently used by religious institutions 1. Religious institutions that are using land with pagodas, churches, chancels, monasteries, abbeys, religious schools, head offices of religious organizations or other religious institutions licensed by the State to operate but have not yet been granted ce1i ificates of land use rights and ownership of houses and other land-attached assets shall review and declare their land use and repo1i to provincial-level People's Committees on: a/ The total land area cmTently used; b/ Land areas classified by the religious institution by origin: land area allocated by a competent state agency; land area acquired from transfer; land area donated; land area bon owed from organizations, households or individuals; land area created by the religious institution itself; and land areas of other origins; c/ Land areas lent, lent for residence, or leased by the religious institution to organizations, households or individuals; d/ Land area encroached upon or occupied by other persons. 2. Provincial-level People's Committees of localities where the land is located shall conduct field inspection, dete1mine the boundaries of land parcels and make decisions as follows: a/ For land areas used stably by organizations, households or individuals since before October 15, 1993, they shall base on land use demands of religious institutions and these organizations, households or individuals to make settlement decisions that ensure land use related interests of the related paiiies and suit reality; b/ For land areas used by organizations, households or individuals since between October 15, 1993, and before July 1, 2004, they shall make settlement decisions as in the case in which households or individuals bo1rnw or rent land from other households or individuals in accordance with the land law; c/ For land areas of religious institutions which have been expanded without pe1mission of a competent state agency; are encroached upon or occupied; or are under dispute, they shall make definite settlement decisions in accordance with law. 3. For land ai·eas ofreligious institutions which has been handled over under Clause 2 of this Aliicle and meet the conditions prescribed in Clause 4, Aliicle 102 of the Land Law, religious institutions shall be granted ce1i ificates of land use rights and ownership of houses and other land-attached assets in the fo1m of land allocation without land use levy for a long and stable use te1m. ©Vietnam Law and Legal Fomm 30 OFFICIAL GAZETTE lssut> nos 04-06/May 2014 For land areas cun ently used by religious institutions for the pmpose of agricultural production, forestry production or non-agricultmal production and business, or used for charitable establishments (including land areas acquired through transfer or donated before July 1, 2004), ce1tificates ofland use rights and ownership of houses and other land-attached assets shall be granted in a fo1m and with a land use te1m conesponding to such pmpose as for households and individuals. Article 29. Grant of ce1tificates of land use rights and ownership of houses and other land-attached assets for land parcels smaller than the prescribed minimum area 1. For a cmTently used land parcel which was fo1med before the effective date of the provincial-level People's Committee's document on the minimum area of a land parcel eligible for splitting and which is smaller than the minimum area prescribed by the provincial-level People 's Committee but fully satisfies the conditions for grant of a ceitificate ofland use rights and ownership of houses and other land-attached assets, the cmTent user shall be granted such ce1tificate. 2. Notarization, ce1tification, grant of a ce1tificate of land use rights and ownership of houses and other land-attached assets, and canying out of procedmes to exercise the rights of land users are not allowed in case land users arbiu·arily divide the land parcels ah-eady registered and granted with the ce1tificates into two or more smaller land parcels at least one of which is smaller than the minimum area prescribed by the provincial-level People's Committee. 3. In case land users simultaneously apply for splitting of a land parcel smaller than the prescribed minimum area and for consolidation of this land parcel with another adjacent one to fo1m a new land parcel equal to or larger than the minimum area of a land parcel eligible for splitting, they shall be allowed to split and consolidate the land parcels simultaneously and shall be granted a ce1tificate of land use rights and ownership of houses and other land attached assets for the new land parcel. Article 30. Grant of ceitificates of land use rights and ownership of houses and other land-attached assets in case the land area of a user is located in different administrative units 1. In case a land user has a land area located indifferent communes, wards and townships but falling within the competence of the same ce1tificate-granting agency, a single ce1tificate of land use rights and ownership of houses and other land-attached assets shall be granted to such land user, which must indicate each land area located in each commune-level adminisu·ative unit. 2 . In case a land user has a land area located indifferent communes, wards and townships and falling within the competence of different ceitificate-granting agencies, a ce1tificate ofland use rights and ownership of houses and other land-attached assets shall be granted for each land parcel falling within the competence of each ce1tificate-granting agency. Article 31. House ownership ce1tification House owners eligible to own houses under the housing law and possessing papers proving the lawful fo1mation of houses may have their house ownership ce1tified according to the following provisions: © Vietnam Law and Legal F ornm Issue nos 04-06/May 2014 OFFICIAL GAZETTE 31 1. Domestic households and individuals must possess one of the following papers: a/ House constrnction permit, in case construction permit is required under the constrnction law. In case a house was built in contravention of the granted construction permit, written opinions of the construction licensing agency ce1iifying that the improperly built area does not affect the safety of the house and is now compliant with the approved constrnction master plan are required; b/ Contract on purchase and sale of a state-owned house under the Government's Decree No. 61/CP of July 5, 1994, on purchase, sale and trading of houses, or paper on liquidation or sale of a state-owned house before July 5, 1994; c/ Paper on handover or donation of a gratitude or great-unity house; di Paper on house ownership, granted by competent authorities in different periods while such house is not subject to entire-people ownership establishment by the State under the Xlth National Assembly's Resolution No. 23/2003/QHll of November 26, 2003, on houses and land managed and ananged by the State for use during the implementation of housing and land management policies and socialist refo1m policies before July 1, 1991, and the National Assembly Standing Committee's Resolution No. 755/2005/NQ-UBTVQHl 1 of April 2, 2005, on the settlement of specific house- and land-related cases during the implementation of housing and land management policies and socialist refo1m policies before July 1, 1991; dd/ Paper on purchase and sale, donation, exchange or inheritance of the house aheady notarized or ce1ii:fied by a competent People 's Committee under law. For a house purchased, donated, exchanged or inherited from July 1, 2006 on, a paper on such transaction is required under the housing law. For a house purchased from an enterprise building houses for sale, a contract on house purchase and sale signed between the purchaser and the seller is required; e/ Legally effective judgment or decision of the people's comi or paper of the state agency competent to pe1mit house ownership; g/ An applicant for house ownership ce1ii:fication that possesses one of the papers specified at Points a, b, c, d, dd and e of this Clause which bears the name of another person is required to possess one of the papers on house purchase and sale, donation, exchange or inheritance before July 1, 2006, signed by the related pa1iies and ce1iified by the commune level People's Committee; for a house purchased, donated, exchanged or inherited before July 1, 2006, without a paper on such purchase, donation, exchange or inheritance signed by the related pa1iies, the commune-level People 's Committee's ce1ii:fication of the time of purchase, donation, exchange or inheritance of such house is required. In case an applicant for house ownership ce1iification possesses one of the papers specified at Points a, b, c, d, dd and e of this Clause while the cmTent conditions of the house are inconsistent with such paper, the commune-level People's Committee's ce1ii:fication is required for the part of the house inconsistent with the paper as in the case prescribed at Point h of this Clause; ©Vietnam Law and Legal Fomm 32 OFFICIAL GAZETTE lssut> nos 04-06/May 2014 h/ A domestic individual who possesses none of the papers specified at Points a, b, c, d, dd and e of this Clause shall obtain the commune-level People 's Committee 's written ce1iification that the house was completely built before July 1, 2006, before the land use master plan or constmction plan was promulgated, or complied with the master plan in case the house was built after the land use master plan, the detailed urban constmction plan or master plan on constmction of rural residential areas was promulgated under law. For a house completely built since July 1, 2006, the commune-level People 's Committee 's written ceitification that the house is not subject to constmction permit and satisfies the planning conditions like houses built before July 1, 2006, is required; for a house which was subject to construction pennit but was built without such permit, the disti-ict-level construction management agency's written approval of the existence of such house is required. 2 . Overseas Vietnamese owning houses in Vietnam must possess the following papers: a/ Paper on house purchase and sale, donation, inheritance or ownership in another f01m under the housing law; bl One of the papers of the ti·ansferor as prescribed in Clauses 1 and 3 of this Aliicle. 3. Domestic organizations and overseas Vietnamese implementing investment projects and foreign organizations and individuals must possess papers prescribed below: a/ In case of building houses for commercial purposes, one of the papers on projects on commercial housing development (project approval decision, investment decision, investment license and investment ce1iificate) is required; b/ In case of purchase, donation, inheritance or ownership of houses in another f01m as prescribed by law, a paper on such ti-ansaction is required in accordance with the housing law; c/ For houses which were built in conti-avention of the papers specified at Points a and b of this Clause, written opinions of the construction licensing agency ce1iifying that the improperly built area does not affect the safety of the houses and is now compliant with the approved construction master plan (if any) are required. 4. In case house owners are not land users, in addition to the papers on house ownership as specified in Clauses 1, 2 and 3 of this Aliicle, a lawfully notarized or ce1iified land lease conti·act, capital conti·ibution conn-act, business cooperation conti·act or written approval of the land user of house construction and copies of papers on land use rights under the land law are required. Article 32. Certification of ownership of non-residential construction facilities Owners of non-residential construction facilities may have their ownership ce1iified according to the following regulations: 1. Domestic households, individuals and communities must possess one of the following papers: a/ Facility constmction pe1mit, in case constmction permit is required under the construction law. For facilities which were built in conti·avention of the granted construction pe1mits, written opinions of the construction licensing agency ce1iifying that the improperly built area © Vietnam Law and Legal F ornm Issue nos 04-06/May 2014 OFFICIAL GAZETTE 33 does not affect the safety of the facilities and is now compliant with the approved constrnction master plan are required; b/ Papers on ownership of constrnction facilities, granted by competent authorities in different periods, unless the facilities have been managed and affanged by the State for use; c/ Notarized or ce1i ified paper on purchase and sale, donation or inheritance of the constmction facility as prescribed by law; d/ Legally effective paper of the people's court or a competent state agency proving the ownership of the constmction facility; dd/ An applicant for constmction facility ownership ce1tification who possesses one of the papers specified at Points a, b, c and d of this Clause which bears the name of another person is required to possess one of the papers on purchase and sale, donation, exchange or inheritance of constrnction facilities before July 1, 2004, signed by the related patties and ce1t ified by the commune- or higher-level People's Committee; in case of purchase, donation, exchange or inheritance of constrnction facilities before July 1, 2004, without a paper on such purchase, donation, exchange or inheritance signed by the related pa1ties, the commune-level People's Committee 's ce1t ification of the time of purchase, donation, exchange or inheritance of the constrnction facility in the application for a ce1t ificate of land use rights and ownership of houses and other land-attached assets is required. In case an applicant for constrnction facility ownership ce1t ification possesses one of the papers specified at Points a, b, c and d of this Clause while the cuffent conditions of the facility ai·e inconsistent with such paper, the commune-level People's Committee's ce1t ification is required for the pait of the facility inconsistent with the paper as in the case prescribed at Point e of this Clause; e/ In case a domestic individual possesses none of the papers specified at Points a, b, c and d of this Clause, the commune-level People 's Committee's ceitification that the facility was completely built before July 1, 2004, before the land use master plan or constrnction plan is promulgated, or is compliant with the master plan, in case the facility was built after the land use master plan or constrnction plan is promulgated, is required. For a facility completely built since July 1, 2004, the commune-level People's Committee's ce1t ification that the facility is not subject to constrnction pennit and satisfies the planning conditions as for facilities built before July 1, 2004, is required; for a facility which was subject to constrnction pennit but was built without such pennit, the district-level construction management agency's written approval of the existence of such facility is required. 2. Domestic organizations, religious institutions, foreign organizations, foreign individuals and overseas Vietnamese must possess papers prescribed below: a/ In case of constrnction of new facilities under law, the project approval decision, project investment decision, investment license, investment ce1t ificate or construction permit granted by a competent state agency and the paper on land use rights under the land law or the land lease contr·act with the land user indicating the land use purpose confo1mable with the facility constrnction pmpose, are required; ©Vietnam Law and Legal Fomm 34 OFFICIAL GAZETTE lssut> nos 04-06/May 2014 b/ In case of pmchase and sale, donation, exchange, inheritance or in another f01m as prescribed by law, a lawful paper on such transaction is required; c/ In case of unavailability of one of the papers specified at Points a and b of this Clause, the provincial-level constmction management agency's certification that the facility existed before the constmction master plan is promulgated and is now compliant with the approved construction master plan is required; d/ For facilities built in contravention of the papers specified at Points a, b and c of this Clause, the improperly built area shall be inspected by the constmction licensing agency and is ce1tified not to affect the safety of the facility and to be compliant with the approved construction master plan. 3. In case construction facility owners are not land users, in addition to the facility ownership papers specified in Clauses 1 and 2 of this Alticle, the lawfully notarized or ce1tified written approval of the land user of the construction of the facility and copies of papers on land use rights under the land law are required. Article 33. Certification of ownership of planted production forests Owners of planted production forests whose capital used for forestation, money paid for acquisition of forests or money paid to the State upon allocation of forests with land use levy does not originate from the state budget and who possess one of the following papers may have their ownership ce1tified: 1. Ce1tificate or one of the papers specified in Alticle 100 of the Land Law and Alticle 18 of this Decree, which indicates that the State allocates land, leases land or recognizes land use rights for planting production forests; 2 . Paper proving the allocation of planted production forests; 3. Lawfully notarized or ce1tified contr·act or document on pmchase and sale, donation or inheritance of planted production forests; 4. Legally effective judgment or decision of the people's comt or paper of a competent state agency on the ownership of planted production forests; 5. In case households, individuals or communities have none of the papers specified in Clauses 1, 2, 3 and 4 of this Alticle but have planted production forests with their own capital, the land registration office's certification of their full satisfaction of the conditions for having land use rights recognized under the land law is required; 6. For domestic organizations that implement projects on planting production forests with capital not originating from the state budget, the project approval decision, project investment decision, investment license or investment celiificate for planting production forests under the investment law is required; 7. For foreign-invested enterprises and overseas Vietnamese that implement projects on planting production forests, the project approval decision, project investment decision, investment decision, investment license or investment ce1tificate for planting production forests under the investment law is required; © Vietnam Law and Legal F ornm Issue nos 04-06/May 2014 OFFICIAL GAZETTE 35 8. In case owners of planted production forests are not land users, in addition to the papers specified in Clauses 1 tlnu 7 of this Aliicle, the legally notarized or ce1tified written agreement of the land user pemiitting the use of land for forestation and copies of papers on land use rights under the land law are required. Article 34. Ce1iification of ownership of perennial trees Owners of perennial trees may have their ownership certified if they possess one of the following papers: 1. Certificate or one of the papers specified in Alticle 100 of the Land Law and Alticle 18 of this Decree, which indicates that the State allocates land, leases land or recognized the land use rights for planting perennial trees as suitable to the land use pmposes indicated in such ce1tificate or paper; 2. Lawfully notarized or ce1tified contract or document on purchase and sale, donation or inheritance of perennial trees; 3. Legally effective judgment or decision of the people's comt or paper of a competent state agency on the ownership of perennial trees; 4. In case households, individuals or collllllunities have none of the papers specified in Clauses 1, 2 and 3 of this Alticle, the land registration office's ce1tification of their full satisfaction of the conditions for having land use rights recognized under the land law is required; 5. For domestic organizations, the project approval decision, project investment decision, investment ce1tificate or investment license for planting perennial trees under the investment law is required; 6. In case owners of perennial trees are not land users, in addition to the papers specified in Clauses 1 thm 5 of this Alticle, the legally notarized or ce1tified paper of the land user pe1mitting the use of land for planting perennial trees and copies of papers on land use rights prescribed by the land law are required; 7 . The Ministiy of Agriculture and Rural Development shall assume the prime responsibility for, and coordinate with the Mimstiy of Natural Resources and Environment in, specifying types of perennial trees eligible for ownership ce1tification. Article 35. Land-attached assets ineligible for ownership ce1tification upon grant of ce1tificates of land use rights and ownership houses and other land-attached assets Land-attached assets are ineligible for ownership ce1tification in one of the following cases: 1. Land-attached assets on land parcels which fail to fully satisfy the conditions for grant of ce1tificates of land use rights and ownership of houses and other land-attached assets as prescribed in the Land Law and this Decree; 2. Houses or other construction facilities which are temporarily built during the constiuction of main facilities or which are built with bamboo, leaf or eaith; and auxiliaiy facilities which are outside the prerises of main facilities and serve the management, use and operation of main facilities; ©Vietnam Law and Legal Fomm 36 OFFICIAL GAZETTE lssut> nos 04-06/May 2014 3. Land-attached assets for which competent state agencies have issued clearance or dismantlement notices or decisions or land recove1y notices or decisions; 4. Houses or facilities which are built after a constmction ban is announced; which encroach or occupy the protection con-idors of technical infrastructure facilities or ranked historical-cultural relics; land-attached assets which are fo1med after the master plan is approved by a competent state agency but do not comply with the master plan approved at the time of grant of ce1iificates of land use rights and ownership houses and other land-attached assets; 5. State-owned assets, except assets ah-eady dete1mined as state capital contributions to ente1prises under the guidance of the Ministiy of Finance; 6. Land-attached assets not falling in the cases eligible for ownership ce1iification as prescribed inAtiicles 31, 32, 33 and 34 of this Decree; 7. Assets fo1med as a result of illegal change of land use pmpose. Article 36. Grant of ce1ii:ficates ofland use rights and ownership houses and other land attached assets in case the State's decisions on management of land and land-attached assets had been issued but have not yet been implemented Households and individuals that are cmTently using land and land-attached assets for which state agencies' decisions on management of such land and assets had been issued during the implementation of state policies but have not yet actually been implemented, may continue using them and may be considered for grant of celii:ficates of land use rights and ownership of houses and other land-attached assets in accordance with law. Article 37. Agencies granting ce1ii:ficates of land use rights and ownership of houses and other land-attached assets when land users exercise the rights of land users or owners of land-attached assets; renewal or re-grant of ce1iificates 1. For localities in which land registration offices have been established under Clause 1, Atiicle 5 of this Decree, provincial-level Natural Resources and Environment Depa1iments shall grant ce1iificates of land use rights and ownership of houses and other land-attached assets to land users and owners of land-attached assets who have been granted ce1iificates, ce1iificates of ownership of houses or ce1ii:ficates of ownership of constiuction facilities in the following cases: a/ When land users or asset owners exercise the rights of land users or owners of land attached assets, which requires the grant of new ce1iificates of land use rights and ownership of houses and other land-attached assets; b/ Renewal or re-grant of ce1iificates, ce1ii:ficates of ownership of houses or ce1iificates of ownership of constiuction facilities. 2 . For localities in which land registi·ation offices have not yet been established under Clause 1, Atiicle 5 of this Decree, the grant of ce1ii:ficates to the subjects specified in Clause 1 of this Atiicle is prescribed as follows: a/ Provincial-level Natural Resources and Environment Departments shall grant ce1iificates ofland use rights and ownership of houses and other land-attached assets to religious © Vietnam Law and Legal F ornm Issue nos 04-06/May 2014 OFFICIAL GAZETTE 37 organizations or institutions; overseas Vietnamese implementing investment projects; foreign organizations and individuals; and foreign-invested enterprises; b/ District-level People's Committees shall grant certificates of land use rights and ownership of houses and other land-attached assets to households, individuals, communities, and overseas Vietnamese eligible to own houses associated with the rights to use residential land in Vietnam. 3. The Ministry of Natural Resources and Environment shall define the subjects that are eligible for grant of certificates ofland use rights and ownership of houses and other land attached assets upon registr·ation of changes in land or land-attached assets, and ce1tify changes in the granted ce1tificates. Chapter VI REGIME ON USE OF LAND OF DIFFERENT TYPES Section I GENERAL PROVISIONS Article 38. Use of state-allocated land by economic organizations for creating capital for infrastructure construction under projects or use of land originating from winning at the auction of land use rights before July 1, 2004 1. Economic organizations that are cmTently using land allocated by the State for a long and stable te1m for creating capital for infrastructure construction under the land law before July 1, 2004, may continue using such land for a long and stable te1m. 2. Economic organizations that are cmTently using land originating from winning at the auction of land use rights before July 1, 2004, for which the use te1m has not been dete1mined, may continue using such land for a long and stable te1m. Article 39. Transfer of investment capital being the value of land use rights 1. Foreign-invested enterprises may acquire investment capital being the value of land use rights transfened from ente1prises that are cmTently using land originating from the allocation by the State with land use levy or lease by the State with full one-off rental payment for the entire lease period while the value ofland use rights has been included in the capital of ente1prises, except transfer of investment capital being the value of the rights to use agricultural production land or forestland. 2. When transfening investment capital, ente1prises or owners of ente1prises shall dete1mine the capital amount being the value of land use rights in the total tr·ansfened capital amount, and fulfill tax, charge and fee obligations in accordance with law. Article 40. Conditions for tr·ansfer or donation of land use rights of ethnic minority households and individuals that use land allocated by the State under the suppo1t policy 1. Ethnic minority households and individuals that use land allocated by the State under the suppo1t policy may only transfer or donate land use rights 10 years after land allocation decision is issued if the commune-level People's Committee of the locality where the land is ©Vietnam Law and Legal Fomm 38 OFFICIAL GAZETTE lssut> nos 04-06/May 2014 located ce1i ifies that they no longer need to use the land because they move from the commune, ward or township where they reside to other places or they shift to do other trades or they no longer have working capacity. 2. Organizations and individuals may not acquire or be donated land use rights from ethnic minority households or individuals that use land allocated by the State under the supp01i policy if the latter do not fall in the cases eligible for transfer or donation of land use rights as prescribed in Clause 1 of this Alticle. Article 41. Conditions for transfer of land use rights under investment projects on constrnction of houses for sale or for combined sale and lease 1. Conditions for investment projects on construction of houses for sale or for combined sale and lease to tr·ansfer land use rights in the fo1m of dividing land parcels for sale include: a/ The projects comply with district-level annual land use plans; bl Project investors shall complete the construction of infrastru cture facilities including service, technical and social infrastructure facilities under the approved 1 :500 detailed master plans, ensuring the connection with the common infrastructure systems of the areas before transfeITing land use rights to people for building houses, and ensuring the provision of essential services of electr·icity and water supply, water drainage and garbage collection; c/ Projects investors shall fulfill all financial obligations related to the projects' land, such as land use levy and land rental; and land-related taxes, charges and fees (if any); d/ The projects are implemented in areas or urban centers of the types eligible for tr·ansfer of land use rights in the fo1m of dividing land parcels for sale as prescribed in Clause 2 of this Alticle. 2 . Investors of projects on construction of houses for sale or for combined sale and lease may tr·ansfer land use rights in the fo1m of dividing land parcels for sale in the areas outside the inner distr-icts of special urban centers; areas with str·ict requirements on landscape architecture, central areas, and around buildings that are prominent architectural points in urban centers; the frontages of regional- or higher-level roads and main landscape roads in urban centers. 3. Households and individuals that acquire land use rights for building houses shall build houses strictly according to the construction pe1mits as well as approved detailed master plans and urban designs. 4. The Ministry of Construction shall assume the prime responsibility for, and coordinate with the Ministry of Natural Resources and Environment in, detailing this Alticle. Article 42. Conditions for transfer ofland use rights associated with the transfer of pait or the whole of investment projects on construction and tr·ading of houses The tr·ansfer ofland use rights associated with the tr·ansfer of pa1t or the whole of investment projects on construction and trading of houses must satisfy the following conditions: 1. All the conditions prescribed in Clause 1, Alticle 188 of the Land Law; 2 . The investors fulfill all financial obligations related to the projects' land, such as land use levy and land rental; and land-related taxes, chai·ges and fees (if any). © Vietnam Law and Legal F ornm Issue nos 04-06/May 2014 OFFICIAL GAZETTE 39 3. Transferees ofland use rights associated with palt or the whole of investment projects on constrnction and trading of houses conduct relevant business lines and satisfy the conditions prescribed in Aliicle 58 of the Land Law andAliicles 13 and 14 of this Decree. Article 43. Handling of land use rights of state enterprises upon equitization 1. State enterprises that are cmTently using land allocated or leased by the State and are equitized may be allocated land by the State with land use levy under Clauses 2 and 4, Alticle 55 of the Land Law, or leased land with annual land rental payment or with full one-off rental payment for the entire lease period under Alticle 56 of the Land Law. 2. The value ofland use rights upon equitization shall be handled under the Government's regulations on equitization of state enterprises, ensming adherence to the principle that the land price used for detennining the value of land use rights is the specific land price decided by provincial-level People 's Committee as prescribed in Clause 3 and Point d, Clause 4, Alticle 114 of the Land Law. 3. Upon equitization of state ente1prises, provincial-level People's Committees shall review land areas cmTently used by the ente1prises, handle such land areas and grant ce1ti:ficates of land use rights and ownership of houses and other land-attached assets under Alticle 102 of the Land Law and Alticle 25 of this Decree. Section 2 AGRICULTURAL LAND Article 44. Quotas for acquisition of agricultmal land use rights of households and individuals Quotas for acquisition of land for cultivation of annual crops, land for cultivation of perennial trees, land for planted production forests , land for aquacultme and land for salt production for each household or individual for agricultmal pmposes are applicable to the cases of transfer or acquisition of land use rights or debt handling as agreed in land use rights mo1tgage contracts, specifically as follows: 1. Land for cultivation of annual crops , land for aquaculture or land for salt production: al Not exceeding 30 ha for each type of land, for provinces and centrally nm cities in the southeastern region and the Mekong delta region; b/ Not exceeding 20 ha for each type ofland, for remaining provinces and centrally nm cities. 2. Land for cultivation of perennial trees: al Not exceeding 100 ha, for delta commlmes, wards and townships; b/ Not exceeding 300 ha, for midland and mountainous communes, wards and townships. 3. Land for planted production forests: al Not exceeding 150 ha, for delta commlmes, wards and townships; © Vietnam Law and Legal Forum 40 OFFICIAL GAZETTE lssut> nos 04-06/May 2014 bl Not exceeding 300 ha , for midland and mountainous communes, wards and townships. 4. In case a household or an individual acquires agricultural land use rights in more than one province or centrally nm city, the total area eligible for acquisition within quota for each type of land (land for cultivation of annual crops, land for cultivation of perennial trees, land for planted production forests , land for aquaculture or land for salt production) equals the quota eligible for acquisition of land use rights in the province or centrally nm city in which the highest quota eligible for acquisition of land use rights is applicable. 5. In case a household or an individual acquires agricultural land use rights of different types of land (land for cultivation of annual crops, land for cultivation of perennial trees, land for planted production forests , land for aquaculture and land for salt production), the quota for acquisition of agricultural land use rights for this household or individual shall be dete1mined for each type of land as prescribed in Clauses 1, 2 and 3 of this Article. 6. Households and individuals that have used agricultural land in excess of the quotas for acquisition of land use rights prescribed in Clauses 1 thrn 5 of this Aliicle and had registered to transfer land use rights before July 1, 2007, may continue using the over-quota land areas like agricultural land within the quotas eligible for acquisition. 7. Households and individuals that have used agricultural land in excess of the quotas for acquisition of land use rights prescribed in Clauses 1 thrn 5 of this Aliicle and had registered to transfer land use rights between July 1, 2007, and before July 1, 2014, may continue using such land and shall shift to lease land from the State only for the over-quota land areas. Article 45. Land for rice cultivation 1. Persons who are allocated or leased land specialized in wet rice cultivation by the State for use for non-agricultural pmposes shall pay a sum of money for land reclamation and rehabilitation and investment in local infrastrncture. 2. The dete1mination and use of the sums of money specified in Clause 1 ofthisAiiicle must comply with the Government's regulations on management and use of land for rice cultivation. Article 46. Management and use of land of agricultural and forestiy companies after they are reorganized, renovated and developed to raise their operation efficiency 1. In the course of reorganization, renovation and development to raise their operation efficiency, agricultural and forestiy companies that cmTently use land shall: a/ Review the current land use status in terms of location and bounda1y for land management and use; land area used properly; land area used improperly; unused land area; land areas which are cmTently contracted, leased, lent, encroached upon, occupied, used for joint venture or investment cooperation and are under dispute; bl Propose land use plans based on the approved plans on reorganization, renovation and development of agricultural and forestiy companies; local land use master plans and land use status. © Vietnam Law and Legal F ornm Issue nos 04-06/May 2014 OFFICIAL GAZETTE 41 Aland use plan must indicate the location and boundaiy ofland use; land area proposed to be retained for use by type of land, fo1m of land use and land use te1m ; and land area to be handed over to the locality. c/ Repo1t on land use plans to the natural resources and environment agency for appraisal before submitting them to the provincial-level People's Committee for approval; d/ Organize the implementation of the approved land use plans. 2. Provincial-level People's Committees shall consider and approve land use plans of local agricultural and forestry companies; direct the determination of boundaries, placement of land use boundaiy landmarks under approved plans, making of land allocation and lease dossiers, and grant of ce1tificates of land use rights and ownership of houses and other land attached assets to the companies; and decide to recover the land areas handed over to localities under the approved land use plans. 3. The land areas retained by the companies for use under the approved land use plans which are illegally leased or lent; ai·e encroached upon or occupied; or unlawfully used for joint venture or investment cooperation shall be handled as follows: a/ For the land area which is illegally leased or lent or used by the companies for joint venture or investment cooperation, the companies shall te1minate such illegal lease or lending or unlawful use and use the land area for proper purposes; b/ The land area cmTently encroached upon or occupied shall be definitely handled and put to use. 4. For the land ai·ea handed over to localities, provincial-level People's Committees shall make plans on its use in the following order of priority: a/ Building public facilities; b/ Allocating or leasing to local households and individuals that have no land or lack production land; c/ Allocating or leasing to cmTent land users if they so wish, provided that such use of land complies with local land use master plans. Article 47. Inland land with water surface located in different provinces and centi·ally nm cities 1. The use of inland land with water smface located in different provinces and centi·ally nm cities must comply with approved land use master plans and plans and water resources master plans as well as the law on water resources. 2. Provincial-level People's Committees or district-level People's Committees shall lease inland land with water surface to economic organizations, households or individuals for investment in aquaculture, agricultural production or for combined agricultural and non agricultural purposes according to their competence defined in Alticle 59 of the Land Law. 3. Land lessees defined in Clause 2 of this Alticle shall protect the environment and landscape and ensure that their land use does not affect the main pmposes of facilities using inland land with water surface. ©Vietnam Law and Legal Fomm 42 OFFICIAL GAZETTE lssut> nos 04-06/May 2014 Article 48. Riparian and coastal alluvial land 1. District-level People's Committees shall investigate, survey, monitor and assess the areas of riparian and coastal alluvial land that are regularly deposited or affected by landslide in order to make plans for land exploitation and use. 2. Competent state agencies shall consider and decide on lease of riparian and coastal alluvial land that are regularly deposited or affected by landslides to persons who need such land. 3. The Minister of Natural Resources and Environment shall detail the use of riparian and coastal alluvial land. Section 3 NON-AGRICULTURAL LAND Article 49. Use of land for construction of condominiums 1. Land for constrnction of condominiums or condominiums for combined residence and use as offices or trade and se1vice establishments (below refened to as condominiums) includes land for constmction of condominiums, land for use as yards and for planting flowers and trees around condominiums, and land for constmction of infrastrncture facilities. 2 . Investors of condominium construction projects shall be allocated or leased land and granted ce1tificates ofland use rights and ownership of houses and other land-attached assets for the land area under these projects according to the following provisions: a/ For the area of land for constmction of condominiums and land for construction of infrastructure facilities used by investors for commercial pmposes under the projects and approved detailed master plans, the investors shall be allocated or leased such land by the State and shall pay land use levy or land rental; they shall also be granted ce1tificates of land use rights and ownership of houses and other land-attached assets; bl For the area of land used for roads and other infrastructure facilities se1ving people living in and outside the condominiums which is not used by investors for the provision of se1vices under the investment projects, the investors shall be allocated or leased such land by the State for management and construction of facilities and do not have to pay land use levy or land rental; they shall not be granted ce1tificates ofland use rights and ownership of houses and other land-attached assets; the investors shall hand over such land to localities for management after completing the constmction under the investment projects, detailed constrnction master plans and land allocation or lease decisions of competent agencies. 3. Land use rights and the grant of certificates ofland use rights and ownership of houses and other land-attached assets under projects on constmction of condominiums for sale or for combined sale and lease must comply with the following provisions: a/ Investors shall hand over the land area under common use rights of owners of apaitments, offices and tr·ade and se1vice establishments in the condominiums (below refened to as apaitments ), covering the ai·ea of land for construction of condominiums, land for use as yai·ds and for planting flowers and frees around the condominiums and land for constmction © Vietnam Law and Legal F ornm Issue nos 04-06/May 2014 OFFICIAL GAZETTE 43 of infrastrncture facilities outside the condominiums which directly serve the condominiums, to apartment owners for management and use under the investment projects. Investors shall clearly detennine the locations, boundaries and land ai-eas under common use rights under the investment projects, detailed construction master plans and layout designs for submission to competent agencies for approval; and in house purchase and sale contracts and as-built drawings for canying out the procedures for grant of ce1iificates of land use rights and ownership of houses and other land-attached assets to the purchasers. b/ Land use rights mentioned at Point a of this Clause are common use rights which cannot be divided. The ratio of land use rights shall be the ratio of the area of an apaiiment to the total floor area of all apaiiments in a condominium. The use and disposition of land use rights in a condominium shall be decided by the majority of persons representing the ratio of land use rights but must serve the common interests of the community and comply with law; c/ Apaiiment owners shall be granted ce1iificates of land use rights and ownership of houses and other land-attached assets for the land area under common use as prescribed at Point a of this Clause for a long and stable te1m; the ai·ea of apa1iments shall be dete1mined based on apartment purchase and sale contracts; d/ Upon grant of ce1iificates ofland use rights and ownership of houses and other land attached assets to apa1iment purchasers, the ce1iificates akeady granted to investors prescribed in Clause 2 of this Aliicle shall be adjusted to the fo1m of common use for the land area specified at Point a of this Clause. The land ai·ea under housing development projects outside the areas specified at Point b of Clause 2 and Point a of this Clause shall come under the use rights of investors, for which investors shall be granted ce1iificates of land use rights and ownership of houses and other land-attached assets. Article 50. Land for national defense or security pmposes 1. Users of land for national defense or security pmposes are defined as follows: a/ Units under the Ministry of National Defense or the Ministry of Public Security shall be users of land for militaiy baiTacks, except the case specified at Point c of this Clause; land for militaiy bases; land for national defense works, battle fields and special works of national defense and security; public-duty houses of people 's aimed forces; and land in the ai·eas allocated by the Government exclusively to the Ministry of National Defense or the Ministry of Public Security for management, protection and use; b/ Units directly using land are land users for land used for inilitaiy railway stations and poiis; land for industrial and science and technology facilities directly seiving national defense and security; land for warehouses for people's aimed forces; land for shooting grounds, training grounds, and weapon testing or weapon destr·oying sites; land for construction of schools, hospitals and sanitaria of the people's aimed forces; land for detention and re-education institutions managed by the Ministiy of National Defense or the Ministry of Public Security; c/ Militaiy commands of provinces or centrally mn cities; militaiy commands of districts, towns or provincial cities; public security depaiiments of provinces or centrally mn ©Vietnam Law and Legal Fomm 44 OFFICIAL GAZETTE lssut> nos 04-06/May 2014 cities; public security offices of districts, towns or provincial cities; public security offices of wards or townships; and border guard stations aTe users of land for construction of their offices. 2. Land for national defense or security purposes shall be properly used. For unused or improperly used land areas, provincial-level People's Committees shall notify land users to put the land to proper use; 12 months after receiving such notification, ifland users fail to put the land to proper use, provincial-level People's Committees shall recover such land for allocation to others for use. 3. If wishing to change the land use pmpose within the national defense or security land areas under approved master plans or plans on use of land for national defense or security pmposes, land users shall submit written requests for pe1mission for change of the land use pmpose to provincial-level Natural Resources and Environment Depaiiments, enclosed with written opinions of the Ministry of National Defense or the Ministry of Public Security. 4. Land cmTently managed and used by people 's aimed force units but not under approved master plans on use of land for national defense or security pmposes shall be handed over to localities for management and handled as follows: a/ For land areas aheady allocated for households of officers and soldiers of the people's aimed force units for building houses under approved land use master plans or plans, the land users shall be granted ce1iificates of land use rights and ownership of houses and other land attached assets and shall fulfill all financial obligations prescribed by law; bl For land for non-agricultural production and business pmposes which is cmTently used by national defense or security ente1prises, these ente1prises shall shift to lease such land under production and business plans approved by the Ministry of National Defense or the Ministry of Public Security; c/ For land areas not specified at Points a and b of this Clause, provincial-level People's Committees shall decide to recover them for allocation or lease for use in accordance with law. 5. Competent state agencies shall definitely handle disputed land areas for identifying land users. Article 51. Land for industr·ial parks, expo1i-processing zones and industr·ial clusters 1. The use te1m ofland in industri.al pai·ks, expo1i-processing zones and industri.al clusters must coITespond to the te1m of investment projects. In case the te1m of an investment project is longer than the remaining use te1m of land of the industi-ial park, expo1i-processing zone or industr·ial cluster, the ente1prise that builds and commercially operates infrastructure of such industr·ial park, expo1i-processing zone or industi-ial cluster shall seek pennission from a competent state agency for adjustment of the land use te1m as appropriate, provided that the total land use te1m must not exceed 70 yeai·s, and it shall pay land use levy or land rental for the ai·ea eligible for use te1m extension. 2. Self-financed public non-business units that are assigned by competent agencies to build and commercially operate infrastructure of industi-ial pai·ks or industi-ial clusters and © Vietnam Law and Legal F ornm Issue nos 04-06/May 2014 OFFICIAL GAZETTE 45 are leased land by the State may sublease such land after having invested in infrastrncture facilities therein. 3. Annually, enterprises that build and commercially operate infrastrncture of industrial parks, exp01t-processing zones or industrial clusters shall rep01t to provincial-level People's Committees and publicize the land aieas not yet leased or subleased in such industrial parks, exp01t-processing zones or industrial clusters on the websites of the enterprises and localities. Article 52. Land for hi-tech zones 1. The use te1m ofland for implementing projects on production and trading of hi-tech products; hi-tech research, development and application and training of human resources in hi-tech zones must comply withAiticles 125 and 126 of the Land Law. 2. Land management responsibilities of hi-tech zone management boards are prescribed as follows: al To coordinate with organizations in charge of compensation and ground clearance in providing compensation, suppo1t and resettlement; bl To submit to provincial-level People 's Committees for decision land use levy or land rental exemption and reduction for each project; cl To recover the leased land from land users that commit violations of the land law as prescribed at Points a, b, c, d, e, g and i, Clause 1, Alticle 64 of the Land Law; or from land users that te1minate land use under law or voluntarily return land as prescribed at Points a, b, c and d, Clause 1, Alticle 65 of the Land Law; to manage the recovered land areas prescribed at this Point; d/ To decide to allocate land without land use levy to users of land in hi-tech zones in the cases prescribed in Clauses 2 and 3, Alticle 54 of the Land Law; dd/ To establish the order and administrative procedures related to land in hi-tech zones; el To send land allocation, land lease or land use te1m extension decisions and extracts of cadastral maps or extracts of cadastral measurements of land areas to the land registration office for registration in the cadastral records and updating of the land database, and submit dossiers to competent agencies for grant of ce1tificates of land use rights and ownership of houses and other land-attached assets. 3. Inspection, and settlement of land-related complaints, denunciations and disputes in hi-tech zones must comply with the laws on complaints, denunciations and land. 4. For hi-tech zones established and allocated land under decisions of provincial-level People's Committees before July 1, 2014, the land management and use must comply with the following provisions: a/ Hi-tech zone management boards shall comply with Points a, c, d, dd and e, Clause 2, of this Alticle; and may continue implementing the approved constrnction master plans; bl Hi-tech zone management boards may decide on land rental rates provided that the land price used for land rental calculation is not lower than the land price in the land price table ©Vietnam Law and Legal Fomm 46 OFFICIAL GAZETTE lssut> nos 04-06/May 2014 prescribed by the provincial-level People's Committee; and decide on land rental exemption and reduction for each project according to the Government's regulations. Article 53. Land for economic zones 1. Land management responsibilities of economic zone management boards are prescribed as follows: a/ To coordinate with organizations in charge of compensation and ground clearance in providing compensation, support and resettlement; bl To decide on land use levy and land rental rates provided that the land price used for land use levy or land rental calculation is not lower than the land price in the land price table prescribed by the provincial-level People's Committee; and on land use levy or land rental exemption and reduction for each project in case of land re-allocation or lease according to the Government's regulations; cl To recover the re-allocated or leased land from land users that commit violations of the land law as prescribed at Points a, b, c, d, e, g and i, Clause 1, Alticle 64 of the Land Law; or from land users that tenninate land use under law or voluntarily return land as prescribed at Points a, b, c and d, Clause 1, Alticle 65 of the Land Law; to manage the recovered land areas prescribed at this Point; di To establish the order and administrative procedures related to land in economic zones; el To send land allocation, land lease or land use te1m extension decisions and extracts of cadastral maps or extracts of cadastral measurements of the land area to the land registration office for registration in the cadastral records and updating of the land database, and submit dossiers to competent agencies for grant of ce1t ificates of land use rights and ownership of houses and other land-attached assets. 2. Inspection and settlement of land-related complaints, denunciations and disputes in economic zones must comply with the laws on complaints, denunciations and land. 3. The management and use of other land outside the functional areas of economic zones and other tasks related to the management of land in economic zones shall be perfo1med by administrative agencies at all levels in accordance with the land law. Article 54. Land for implementation of build-transfer (BT) and build-operate-transfer (BOT) projects 1. The State shall allocate land areas to investors for implementing BT projects; investors are not required to pay land use levy or land rental during the construction of facilities under approved projects and shall preserve the land areas allocated to them for management and use strictly according to the pmposes indicated in the projects. The ti·ansfer of facilities and land areas under these projects shall be conducted within the time limit written in approved investinent projects or the extended time limit for ti·ansfer as pe1mitted by competent state agencies. Past the time limit for ti·ansfer, if the investors fail to transfer, they shall lease land from the State, with the time of land lease staiting from the © Vietnam Law and Legal F ornm Issue nos 04-06/May 2014 OFFICIAL GAZETTE 47 end of the time of constrnction of facilities under the approved projects. 2. The State shall allocate or lease land to investors for implementation of BOT projects; investors are entitled to exemption from or reduction of land use levy or land rental under the Government's regulations. 3. Persons who are transfened facilities for use and operation shall be allocated or leased land by the State or assigned to manage land areas with such facilities in accordance with the land law. Article 55. Land for civil aiiports and aiiiields 1. Based on approved detailed master plans on ai1po1is and aiiiields, the Ministry of Transpo1i shall assume the prime responsibility for, and coordinate with the Ministry ofNational Defense in, dii·ecting the detennination of boundaries of areas exclusively used for civil activities and areas commonly used for civil and militaiy activities under civil management. 2. Land used for the pmposes specified at Points a and b, Clause 1, Aliicle 156 of the Land Law shall be allocated for a stable and long te1m; land used for the pmposes specified at Points c and d, Clause 1, Alticle 156 of the Land Law shall be leased for a te1m not exceeding 50 yeai·s. Upon the expii·ation of the land lease te1m, the cmTent users may be considered for extension of the land lease te1m if they wish to continue using land. 3. Provincial-level People's Committees shall decide on rent rates for land in ai1po1is and ai1iields in accordance with the land law. 4. For land areas allocated by provincial-level People's Committees, aiipo1t authorities shall: a/ Manage and use land properly and effectively; b/ Examine the use of land and the fulfillment of land-related financial obligations by organizations and individuals that ai·e allocated or leased land by the ai1po1i authorities; c/ Decide to recover land from those that are allocated land by the ai1po1i authorities that fall in the cases specified at Points a, b, e, g and i, Clause 1, Alticle 64, and Points a, b, c and d, Clause 1, Aliicle 65, of the Land Law. Decide to te1minate land lease contr·acts with those breaching the contracts. 5. Inspection and settlement of complaints, denunciations and disputes related to land of aiipo1is and ai1iields must comply with the laws on complaints, denunciations and land. 6. The Ministry of Transpo1i shall assume the prime responsibility for, and coordinate with the Ministry ofNatmal Resomces and EnviI·ollillent in, detailing this Aliicle. Article 56. Land for construction of public facilities with safety protection conidors 1. For land for safety protection coni.dors of public facilities under decisions of competent state agencies while such facilities do not use smface land, land shall be leased only dming the construction of the facilities. 2. Pursuant to competent state agencies' regulations on the scope of safety protection conidors of facilities, organizations dii·ectly managing facilities with safety protection conidors ©Vietnam Law and Legal Fomm 48 OFFICIAL GAZETTE lssut> nos 04-06/May 2014 shall assume the prime responsibility for, and coordinate with People 's Committees of localities where the facilities are built in, drawing plans on placement of boundaiy landmarks to specifically dete1mine safety protection corridors and submit such plans to provincial-level People 's Committees of localities where the facilities ai·e built, for approval; and at the same time, to notify People's Committees at all levels oflocalities where the facilities are built, for coordination in the protection of their safety coni.dors. 3. Within 30 working days after having plans on placement of boundaty landmarks to specifically dete1mine safety protection conidors approved by provincial-level People's Committees, organizations directly managing facilities with safety protection conidors shall assume the prime responsibility for, and coordinate with distii.ct-level People's Committees and commune-level People's Committees oflocalities where the facilities are built in, publicizing boundaty landmarks of facilities protection conidors and place bounda1y landmarks in the field, then deliver such boundaiy landmarks to commune-level People's Committees of localities where the facilities are built, for management. 4. Organizations directly managing facilities with safety protection coni.dors shall assume the prime responsibility for, and coordinate with commune-level People's Committees and disti·ict-level Natural Resources and Environment Divisions oflocalities where the facilities are built in, reviewing the land use status within their safety protection conidors in order to propose handling measures to competent state agencies according to the following provisions: a/ In case the use ofland affects the safety protection of facilities or in case the operation of facilities directly affects the life or health ofland users, agencies in charge of state management of such facilities shall appraise the level of impacts, and, if land recove1y is needed, propose competent People's Committees to decide on recove1y of such land. Persons having land recovered are entitled to compensation and support for land and land-attached assets which ah-eady exist before the facilities' safety corridors are publicized, and to resettlement in accordance with law. In case the use of land affects the safety protection of facilities, their owners and land users shall take remedies. Facility owners shall take responsibility for such remedy; if they ai·e unable to take remedies, the State shall recover land and persons having land recovered ai·e entitled to compensation, suppo1t and resettlement in accordance with law; b/ In the cases of land use not specified at Point a of this Clause, cmTent users of land within facility safety protection conidors may continue using such land according to the set pmposes and shall comply with regulations on facilities safety protection; c/ Ce1t ificates ofland use rights and ownership of houses and other land-attached assets shall be granted for land within facility safety protection conidors in case the conditions for grant of such ce1tificates ai·e fully met in accordance with the Land Law, unless land recove1y notices or decisions have been issued. Persons who are granted ce1tificates ofland use rights and ownership of houses and other land-attached assets may only use the land under Point b of this Clause. 5. Agencies and organizations directly managing facilities with safety protection conidors shall take main responsibility for the safety protection of the facilities. In case the safety © Vietnam Law and Legal F ornm Issue nos 04-06/May 2014 OFFICIAL GAZETTE 49 protection coITidors are encroached, occupied or illegally used, they shall promptly repo1t the case to commune-level People's Committees of localities where exist such coITidors, for handling. 6. Chaiipersons of People's Committees at all levels of localities where facilities with safety protection coITidors are located shall: a/ Detect and promptly handle cases of encroaching upon, occupying or illegally using land areas within the safety protection con-idors; promptly stop the illegal building of facilities on the land of the safety protection coITidors; and force violators to restore the original status ofland; b/ Coordinate with agencies or organizations directly managing the facilities in disseminating regulations on safety protection of facilities and in publicizing boundary landmarks of the facilities' safety protection coITidors; c/ Chaiipersons of People's Committees at all levels shall take joint responsibility for the cases of encroaching upon, occupying or illegally using land areas within the safety protection coITidors of facilities in then· localities in accordance with law. 7. The tempora1y use of land for constrnction of public facilities with safety protection coITidors shall be agreed upon by constrnction units and land users in accordance with the civil law. Article 57. Use of land for constrnction of underground facilities Based on land use master plans and plans, master plans on space for urban underground constrnction and other relevant master plans approved by competent state agencies, provincial level People 's Committees shall decide to allocate or lease land for the constrnction of underground facilities according to the following provisions: 1. Economic organizations, overseas Vietnamese and foreign-invested ente1prises may be leased land by the State with annual land use levy or full one-off rental payment for the entii·e lease te1m if they use land to construct underground facilities for commercial pmposes. 2. Economic organizations, overseas Vietnamese and foreign-invested ente1prises may be allocated land by the State without land use levy if they use land to construct underground facilities not for commercial pmposes. 3. The use of land for the constrnction of underground facilities in the fo1m of BT or BOT projects must comply with Aliicle 54 of this Decree. Section 4 MANAGEMENT OF UNUSED LAND AND PUTTING OF UNUSED LAND TO USE Article 58. Management of unused land 1. Unused land includes unused :flatland, unused hilly and mountainous land and rocky mountains with no forests. 2. Annually, commune-level People 's Committees shall repo1i on the management and exploitation of unused land areas to distr·ict-level People's Committees. ©Vietnam Law and Legal Fornm 50 OFFICIAL GAZETTE lssut> nos 04-06/May 2014 Article 59. Measures to put unused land to use under approved land use plans 1. The State shall adopt policies on infrastructure investment in border, island, deep lying, remote and highland areas, areas having much land but sparsely inhabited, and areas with difficult natural conditions in order to put unused land to use; and to exempt or reduce land use levy or land rental for cases of allocation or lease of unused land for use. 2 . Provincial-level People's Committees shall use revenues collected from the change of land under wet rice cultivation into land used for other purposes and other lawful funding sources for the reclamation, rehabilitation and use of unused land. Chapter VII ORDER AND ADMINISTRATIVE PROCEDURES FOR MANAGEMENT AND USE OF LAND Section 1 GENERAL PROVISIONS Article 60. Dossier submission and notification of results of implementation of land related administrative procedures 1. Agencies receiving dossiers and notifying results of settlement of procedures for land allocation, land lease and change of land use pmpose are prescribed as follows: a/ Provincial-level Natural Resources and Environment Departments shall receive dossiers and notify results for the cases prescribed in Clause 1, Alticle 59 of the Land Law; b/ District-level Natural Resources and Environment Divisions shall receive dossiers and notify results for the cases prescribed in Clause 2, Alticle 59 of the Land Law. 2 . Agencies receiving dossiers and notifying results of settlement of procedures for registration of land and other land-attached assets; granting, renewing and re-granting ce1tificates are land registration offices. In localities where land registration offices have not been established, provincial-level land use rights registration offices shall receive dossiers from organizations, religious institutions and overseas Vietnamese implementing investment projects, foreign organizations and individuals and foreign-invested ente1prises; district level land use rights registration offices shall receive dossiers from households, individuals, communities and overseas Vietnamese entitled to own houses associated with residential land use rights in Vietnam. For households, individuals or communities wishing to submit dossiers to commune level People 's Committees, commune-level People's Committees oflocalities where the land is located shall receive dossiers and notify results. In case of registration of changes in land and land-attached assets; and grant and re-grant of ce1tificates, within 3 working days after receiving a complete dossier, a commune-level People 's Committee shall fo1ward that dossier to the land registration office. 3. Localities that have organized the one-stop-shop section for receiving dossiers and notifying results of implementation of administrative procedures according to the Government's © Vietnam Law and Legal F ornm Issue nos 04-06/May 2014 OFFICIAL GAZETTE 51 regulations, the agencies specified in Clauses 1 and 2 of this Aiticle shall receive dossiers and notify results tluough the one-stop-shop section under decisions of provincial-level People's Cormnittees. 4. Hi-tech zone and economic zone management boards; and airpo11 authorities are focal points for receiving dossiers and notifying results of implementation of land-related administrative procedures in hi-tech zones, economic zones, ai1p orts and airfields. 5. Results of settlement of administrative procedures shall be notified as follows: a/ Results of settlement of administrative procedures shall be notified to land users and owners of land-attached assets within 3 working days after those results are available, except the case prescribed at Point b of this Clause; b/ In case financial obligations related to administrative procedures shall be fulfilled, ce1tificates ofland use rights and ownership of houses and land-attached assets shall be handed over after land users and owners of land-attached assets submit documents on fulfillment of financial obligations under regulations. In case ofland lease with annual rental payment, results shall be notified after land users have signed land lease contracts. In case of exemption from financial obligations related to administrative procedures, results shall be notified after receipt of a competent agency's written certification of such exemption; c/ For a dossier ineligible for settlement, the dossier-receiving agency shall return it and clearly notify the reason for its ineligibility. Article 61. Time limit for implementation of land-related administrative procedures 1. The time limits for implementation of procedures for land allocation, land lease and change ofland use pmpose are prescribed as follows: a/ Land allocation or lease: 20 days excluding the time for ground clearance; b/ Change ofland use pmpose: 15 days. 2. The time limits for implementation of procedures for registration of land and land attached assets; and grant and re-grant of ce1tificates are prescribed as follows: a/ Registration of land and land-attached assets, grant of certificates of land use rights and ownership of houses and other land-attached assets: 30 days; b/ Registration and grant of ce11ificates of land use rights and ownership of houses and other land-attached assets to acquirers ofland use rights and ownership of houses or constrnction facilities from constrnction investment organizations: 30 days; c/ Registration and grant of supplemented ce1tificates of land use rights and ownership of houses and other land-attached assets for land-attached assets: 20 days; d/ Registration of changes in land and land-attached assets in case of winning auctions ofland use rights; settlement ofland-related disputes, complaints or denunciations; handling of m01tgage or capital contribution contracts; distraint or auction ofland use rights and land-attached assets for judgment enforcement; division, split, consolidation or merger of organizations, company transfo1mation; agreement on consolidation or division ofland use rights and ownership of land-attached assets of households, husband and wife or groups of land users: 15 days; ©Vietnam Law and Legal Fomm 52 OFFICIAL GAZETTE lssut> nos 04-06/May 2014 dd/ Split or consolidation of land parcels; registration of land allocated by the State for management: 20 days; el Extension of land use tenn: 15 days; gl Ce1ti:fication of continued use of agricultural land by households or individuals upon expiration of land use tenn: 10 days; h/ Registration of establishment, change or tennination of limited use rights on the adjacent land parcel: 10 days; ii Registration of changes as a result of change of names of land users or owners ofland attached assets or change of shape, size, area, number or address of land parcels or change of limitations on land use rights or change in :financial obligations or change in land-attached assets compared with registered contents: 15 days; kl Shift from land lease with annual rental payment to lease with full one-off rental payment; from allocation of land by the State without land use levy to land lease; from land lease to allocation of land with land use levy: 30 days; 1/ Exchange, transfer, inheritance, donation and registration of contribution of land use rights and ownership of land-attached assets as capital: 10 days; ml Deregistration of contribution of land use rights and ownership of land-attached assets as capital: 5 working days; n/ Registration, deregistration of mortgage, lease or sub-lease of land use rights: 3 working days; ol Transfo1mation of land use rights and ownership of land-attached assets of husband or wife into common ownership of both husband and wife: 10 days; pl Renewal of ce1ti:ficates, certificates of house ownership or ce1ti:ficates of constmction facility ownership: 10 days; in case of renewal of ce1ti:ficates for many land users due to re drawing of maps: 50 days; qi Re-grant of ce1ti:ficates, certificates of house ownership or ce1ti:ficates of constmction facility ownership due to loss: 30 days. 3. The time limit for implementation of procedures for conciliation and settlement of land-related disputes is prescribed as follows: a/ Conciliation ofland-related disputes: 45 days; bl Settlement ofland-related disputes within the competence of chairpersons of district level People's Committees: 45 days; cl Settlement ofland-related disputes under the competence of chairpersons of provincial level People's Committees: 60 days; di Settlement ofland-related disputes within the competence of the Minister of Natural Resources and Environment: 90 days; dd/ Coercive enforcement of decisions on settlement ofland-related disputes or decisions on recognition of successful conciliation: 30 days. © Vietnam Law and Legal F ornm Issue nos 04-06/May 2014 OFFICIAL GAZETTE 53 4. The time limit prescribed in Clause 1, 2 or 3 of this Aiticle shall be counted from the date of receipt of valid dossiers and exclude the time for fulfillment of financial obligations of land users, for consideration and handling of cases of unlawful land use and for solicitation of expe11 opinions. Within 3 days after receiving an incomplete or invalid dossier, the dossier-receiving and processing agency shall notify and guide the person submitting the dossier to supplement the dossier under regulations. For communes in mountainous, island, deep-lying and remote areas and areas with difficult socio-economic conditions, the time limit for implementation of each procedure prescribed in this AI1icle shall be extended for 15 days. Article 62. Responsibilities for prescribing dossiers, implementation time and order and land-related administrative procedures 1. The Ministiy of Natural Resources and Environment shall specify the f01m and components of the dossier for implementation of land-related administrative procedures prescribed in this Decree. 2. Provincial-level People's Committees shall specify agencies receiving and settling procedures; time and steps for implementation of procedures of each related agency or unit and coordinated settlement between related agencies under the one-stop-shop mechanism suitable to local practical conditions, which, however, must not exceed the total time limit prescribed for each procedure under this Decree. Article 63. Dete1mination of :financial obligations of land users in implementation of administl'ative procedures for land management and use 1. Land use levy, land rental, land-related taxes and registration fee (below refened to as :financial obligations) shall be dete1mined by tax agencies. Provincial-level Natural Resources and Environment Depaitments, distl'ict-level Natural Resources and Environment Divisions or land registl'ation offices shall provide cadasti·al inf01mation for tax agencies in cases of eligibility and subject to :financial obligations under regulations. Land prices for calculation of :financial obligations shall be dete1mined by provincial-level Natural Resources and Environment Depaiiments; or by tax agencies, in case of application of the land price adjustment coefficient for determination of specific land prices. 2. Tax agencies shall notify financial obligations to land users or owners ofland-attached assets as prescribed by law within 5 working days from the date of receipt of cadastl'al info1mation. Competent agencies shall sign ce1tificates of land use rights and ownership of houses and other land-attached assets, for land users and owners of land-attached assets exempted from, or entitled to owe, :financial obligations, those subject to :financial obligations and having fulfilled these obligations, and those having obtained decisions on exemption from :financial obligations in accordance with law. 3. Dossier-receiving agencies shall dete1mine amounts of charges and fees related to land management and use, except the registi·ation fee prescribed in Clause 1 of this Aiticle, to ©Vietnam Law and Legal Fomm 54 OFFICIAL GAZETTE lssut> nos 04-06/May 2014 be paid by land users upon implementation of administrative procedures for land management and use; and notify and guide land users to pay them in accordance with law. Article 64. Contracts and transaction documents on land use rights and ownership of land-attached assets 1. Contracts and transaction documents on land use rights and ownership ofland-attac.hed assets of households shall be signed by the persons named in the ce1tificates or authorized in accordance with the civil law. 2. Contracts and transaction documents on land use rights and ownership ofland-attached assets of groups of land users or groups of owners of land-attached assets shall be signed by all group members or enclosed with authorization documents in accordance with the civil law, except the case of apa1tment owners sharing the use of a land parcel in an apaitment building. Section 2 ORDER OF AND PROCEDURES FOR LAND RECOVERY, REQUISITION, ALLOCATION AND LEASE AND CHANGE OF LAND USE PURPOSE Article 65. Order and procedures for land recove1y due to lawful termination of land use, volunta1y return of land and the risk of threatening human life 1. The order of and procedures for land recove1y due to lawful tennination of land use or volunta1y return of land are prescribed as follows: a/ Organizations that are allocated land by the State without land use levy, allocated land by the State with land use levy which is paid from state budget-originated sources, or leased land with annual rental payment and move to other places or have lower demand or no longer have demand for land use; and land users that voluntai·ily return land shall send land return notices or documents and ce1ti:ficates of land use rights and ownership of houses and other land-attached assets to natural resources and environment agencies; bl For recove1y of land from dissolved or bankrnpt organizations allocated land by the State without land use levy or with land use levy which is paid from state budget-originated sources, or leasing land with annual rental payment, agencies issuing dissolution or bankrnptcy decisions shall send these decisions to provincial-level Natural Resources and Environment Depaitments of localities where land is recovered; c/ For recove1y of land of individual land users who die without heirs, commune-level People 's Committees of places of residence of these individual land users shall send death ce1ti:ficates or decisions declaring the death of such a person in accordance with law and their written ce1tifications of persons who die without heirs to district-level Natural Resources and Environment Divisions of localities where land is recovered; di For cases of definite land use te1m, natural resources and environment agencies shall annually review and issue notices of those ineligible for extension of land use te1m; dd/ Natural resources and environment agencies shall conduct field inspection and verification when necessaiy; propose People's Committees of the same level to decide on © Vietnam Law and Legal F ornm Issue nos 04-06/May 2014 OFFICIAL GAZETTE 55 land recove1y; organize land recove1y in the field and handover to land fund development organizations or collllllune-level People 's Collllllittees for management; direct the updating and modification of the land database and cadastral records and revoke ce1iificates or notify the cancellation of celiificates in case of failure to revoke ce1iificates. 2. The order and procedures for recove1y of land in polluted areas at risk of threatening human life; land at risk of landslide or land subsidence or being affected by other natural disasters threatening human life are prescribed as follows: a/ District- or provincial-level People's Collllllittees shall assign competent agencies to examine and determine the level of environmental pollution, landslide, land subsidence or impacts of other natural disasters threatening human life; b/ After competent agencies issuing documents detennining the level of environmental pollution, landslide, land subsidence or impacts of other natural disasters threatening human life, due to which land shall be recovered, natural resources and environment agencies shall perfo1m the jobs prescribed at Point dd, Clause 1 of this Alticle; c/ Competent agencies shall airnnge tempora1y residences and provide resettlement for persons subject to coerced relocation, for land recove1y cases prescribed at Points dd and e, Clause 1, Alticle 65 of the Land Law. 3. Coercion of land recove1y due to lawful te1mination of land use or the risk of threatening human life: a/ Coercion of land recove1y must adhere to the principles prescribed in Clause 1, Alticle 70 of the Land Law; b/ After land recove1y decisions are issued, natural resources and environment agencies shall coordinate with collllllune-level People's Collllllittees and collllllune-level Vietnam Fatherland Front Collllllittees in mobilizing and persuading persons subject to land recove1y to hand over land; c/ When persons subject to land recove1y fail to implement land recove1y decisions after being mobilized and persuaded, natural resources and environment agencies shall propose People's Collllllittees that have issued land recove1y decisions to issue decisions on coercive enforcement of land recove1y decisions; d/ Assigned coercion organizations shall make coercion plans and subinit them to People 's Collllllittees having issued coercion decisions for approval; dd/ Assigned coercion organizations shall mobilize and persuade coerced persons to voluntarily hand over land; el People 's Collllllittees having issued coercion decisions shall organize forces to coerce coercion decisions for coerced persons or organizations failing to implement coerce decisions after being mobilized and persuaded under Point dd of this Clause. 4. Natural resources and environment agencies shall direct the updating and modification of the land database and cadastral records; revocation of ce1ti:ficates or notification of the invalidity of ce1tificates for land users failing to return certificates. ©Vietnam Law and Legal Fomm 56 OFFICIAL GAZETTE lssut> nos 04-06/May 2014 5. Settlement of complaints about land recove1y decisions lodged by persons subject to land recove1y must comply with the law on settlement of complaints. Article 66. Order and procedures for land recove1y due to violation of law 1. For land recove1y due to violation oflaw, when the statute of limitations for sanctioning administrative violations expires under the law on handling of administrative violations, competent sanctioning persons shall make records of administrative violations as a basis for land recove1y. When land-related violations of law are not subject to sanctioning of administrative violations under the law on sanctioning of administrative violations in the field ofland, records of the violations must be made in the witness of representatives of commune-level People's Committees as a bas is for deciding on land recove1y according to the following provisions: a/ Natural resources and environment agencies shall conduct examination to dete1mine the violations prescribed at Points c, d and g, Clause 1, Alticle 64 of the Land Law; and conduct inspection to dete1mine the violations prescribed at Points h and i, Clause 1, Alticle 64 of the Land Law; b/ Within 7 working days after making a record, the person assigned to conduct examination or inspection shall send this record to the competent land recove1y agency for direction for land recove1y. 2. Natural resources and environment agencies shall conduct field inspection and verification when necessaiy and propose People 's Committees of the same level to decide on land recove1y. 3. Competent People 's Committees shall: a/ Notify the land recove1y to land users and publish it on the websites of provincial level and district-level People's Committees; b/ Direct the handling of the residual value of the investments on land or land-attached assets (if any) in accordance with law; c/ Organize the coercive enforcement of land recove1y decisions under Clause 3, Alticle 65 of this Decree; d/ Alrnnge funds for the coercion of land recove1y. 4. Natural resources and environment agencies shall direct the updating and modification of the land database and cadastral records; and revocation of ce1t ificates or notification of invalidity of ce1t ificates for land users failing to return ce1t ificates. Article 67. Detailed provisions on order and procedures for land requisition 1. A decision on or written ce1t ification of land requisition must have the following major contents : a/ Full name, position and working place of the person deciding on land requisition; b/ Name and address and the person subject to land requisition or the person cmTently managing and using land to be requisitioned; © Vietnam Law and Legal F ornm Issue nos 04-06/May 2014 OFFICIAL GAZETTE 57 c/ Name and address of the organization or person to be allocated the requisitioned land; d/ Purpose and te1m of land requisition; dd/ Position, area, type of land and assets attached to land to be requisitioned; el Time for handover of requisitioned land. 2. The return of requisitioned land to land users after the land requisition te1m must comply with the following provisions: a/ The person competent to decide on land requisition shall issue a decision on return of requisitioned land and send it to the person having the requisitioned land; b/ If the person having the requisitioned land voluntarily donates land to the State, procedures for donation of land use rights shall be caITied out in accordance with law. 3. Responsibilities for dete1mination of level of compensation for damage caused by land requisition are prescribed as follows: a/ The chaitperson of the district-level People's Committee of the locality where the requisitioned land is located shall dete1mine the level of compensation for damage caused by land requisition, except the case prescribed at Point b of this Clause; b/ The chaitperson of the provincial-level People's Committee of the locality where the requisitioned land is located shall dete1mine the level of compensation for damage caused by land requisition in case the requisitioned land is within the administrative boundaries of different district-level administrative units. 4. A council for dete1mination of level of compensation for damage caused by land requisition shall be composed of: a/ The chai1person or a vice chaitperson of the People's Committee as its head; b/ Members from the natural resources and envit·onment and :finance agencies and other related members; c/ Representative of the agency of the person competent to issue the land requisition decision; d/ Representatives of the district-level People's Comi and People's Procuracy of the locality where the land is located; dd/ Members being representatives of the commune-level Vietnam Fatherland Front; e/ Representative of the person having the requisitioned land. Article 68. Order and procedures for land allocation, land lease and pe1mission for change of use pmpose of land for rice cultivation, land for protection forests and land for special-use forests to other pmposes 1. The order and procedures for appraisal ofland use demand and appraisal of conditions for land allocation, land lease and pe1mission for change of land use pmpose are prescribed as follows: a/ The requester for land allocation, land lease or change of land use pmpose shall subtnit a dossier for appraisal to the natural resources and envit·onment agency. ©Vietnam Law and Legal Fomm 58 OFFICIAL GAZETTE lssut> nos 04-06/May 2014 Investment projects in which investment has been decided by the National Assembly or approved in principle by the Prime Minister are not required to go through appraisal procedures prescribed in this Clause; bl Within 30 days after receiving a complete and valid dossier, the natural resources and environment agency shall send an appraisal document to the investor for compilation of a dossier of request for land allocation, land rent or change of land use purpose. The time limit prescribed at this Point excludes the time for implementation of procedures for pennission for change of use purpose ofland for rice cultivation, land for protection forest or land for special-use forests for implementation of investment projects prescribed in Clause 2 of this Aliicle; cl The Ministiy of Natural Resources and Environment shall specify the appraisal ofland use demand and conditions for land allocation, land lease or change of land use pmpose. 2 . The order and procedures for pennission for change of use pmpose of land for rice cultivation, land for protection forests or special-use forests for implementation of investment projects are prescribed as follows: a/ Natural resources and environment agencies shall summarize demands for change of use pmpose of land for rice cultivation, land for special-use forests or land for protection forests for implementation of investment projects in localities and submit them to People's Committees of the same level for repo1iing to superior People's Committees or the Ministiy of Natural Resources and Environment; bl Within 10 working days after receiving a complete and valid dossier, the provincial level People's Committee shall assume the prime responsibility for appraising the dossier and submit it to the provincial-level People 's Council for approval before a competent People's Committee decides on the change ofland use pmpose. The Ministiy ofNatmal Resources and Environment shall assume the prime responsibility for, and coordinate with the Ministiy of Agricultme and Rural Development in, conducting the appraisal and shall propose the Prime Minister to approve the change of land use pmpose before a competent People's Committee decides on such change; cl After the Prime Minister issues a written approval of change of land use pmpose, the provincial-level People's Council shall adopt a resolution on change of land use pmpose and a competent People's Committee shall organize the land recove1y, land allocation, land lease or change of land use pmpose. 3. The order and procedures for land allocation and land lease not through auction of land use rights are prescribed as follows: a/ The natural resources and environment agency shall guide the investor in compiling a dossier of request for land allocation or land lease and fulfilling :financial obligations as prescribed by law; and propose a competent People's Committee to decide on the land allocation or land lease; and sign a land lease conti·act, in case of land lease; bl The person that is allocated or leased land shall pay land use levy in case of land allocation with land use levy, or pay land rental in case of land lease; © Vietnam Law and Legal F 01um Issue nos 04-06/May 2014 OFFICIAL GAZETTE 59 c/ The natural resomces and environment agency shall propose a competent state agency to grant a certificate ofland use rights and ownership of houses and other land-attached assets; organize land allocation in the field; hand over the ce11ificate to the person that is allocated or leased land; and direct the updating and modification of the land database and cadastral records. 4. For land allocation and land lease not through auction of land use rights for project implementation prescribed in Alticles 61 and 62 of the Land Law, some preparation steps for land allocation or land lease concmTently caiTied out together with the order and procedmes for land recove1y are prescribed as follows: a/ During the implementation of the plan on land recove1y, investigation, survey, measurement and invento1y, the investor may conduct smvey and measmement for elaboration of an investment project in accordance with the investment law and construction law. The competent agency shall cany out procedures for appraisal of the investor 's land use demand and conditions for land allocation or land lease; b/ During implementation of the approved compensation, suppo1t and resettlement plan, the investor may submit a dossier of request for land allocation or land lease without having to wait until the ground clearance is completed. 5. For land allocation and lease through auction of land use rights , the order and procedures for allocation and lease of land with cleared ground are prescribed as follows: a/ Based on the district-level annual land use plan approved by a competent state agency, the natural resources and environment agency shall direct the elaboration of a land use right auction plan for submission to the People 's Committee of the same level for approval; b/ The organization selected under the approved land use right auction plan shall organize the auction of land use rights; c/ The competent People's Committee shall issue a decision recognizing the auction winning result; d/ After the auction winner fulfills financial obligations, the natural resources and environment agency shall propose a competent agency to grant a ce1tificate and sign a land lease conti·act, in case of land lease; organize the handover of land in the field and deliver the ce1tificate; and direct the updating and modification of the land database and cadastral records. When an auction winner fails to fully pay the required amount, the natural resources and environment agency shall propose the competent People's Committee to cancel the decision recognizing the auction winning result. 6 . The Ministiy of Natural Resources and Environment shall assume the prime responsibility for, and coordinate with the Ministiy of Justice in, organizing auctions of land use rights upon land allocation or lease by the State. Article 69. Order and procedmes for pe1mission for change of land use pm-pose ©Vietnam Law and Legal Fomm 60 OFFICIAL GAZETTE lssut> nos 04-06/May 2014 1. A land user shall submit a written request for change of land use pmpose together with the certificate to the natural resources and environment agency. 2. The natural resources and environment agency shall appraise the dossier; conduct field verification and appraise the demand for change ofland use pmp ose; guide the land user in fulfilling financial obligations in accordance with law; propose the competent People's Committee to permit the change ofland use pmpose; and direct the updating and modification of the land database and cadastral records. Au investor that acquires land use rights from a cmTent land user for implementation of an investment project shall cany out procedures for transfer of land use rights concmTently with procedures for permission for change of land use pmpose. 3. The land user shall fulfill financial obligations under regulations. Section 3 ORDER AND PROCEDURES FOR REGISTRATION OF LAND AND LAND ATTACHED ASSETS AND GRANT OF CERTIFICATES OF LAND USE RIGHTS AND OWNERSHIP OF HOUSES AND LAND-ATTACHED ASSETS Article 70. Order and procedures for registration of land and land-attached assets and grant of certificates of land use rights and ownership of houses and land-attached assets for the first time and additional registration of land-attached assets 1. A land user shall submit a set of dossier under regulations for cany ing out registration procedures. 2 . When a household, an individual, a community or an overseas Vietnamese entitled to own houses in Vietnam requests registration of land and land-attached assets or grant of a ce1iificate of laud use rights and ownership of houses and other land-attached assets, the commune-level People's Committee shall examine the dossier and perfo1m the following jobs: a/ For land registration, celiifying the cmTent laud use status as compared with declared registration contents. In case the papers specified in Aliicle 100 of the Land Law and Aliicle 18 of this Decree are not available, ce1iifying the origin and the time ofland use, state oflaud use-related dispute and confo1mity with planning . For registration ofland-attached assets, certifying the cmTent state ofland-attached assets as compared with declared registration contents. In case the papers specified in Aliicles 31, 32, 33 and 34 of this Decree are not available, ce1iifying the status of dispute over the asset ownership; for houses and constrnction facilities, celiifying the time of creation of assets, case subject or not subject to constrnction licensing and confo1mity with approved planning; ce1iifying plans of houses or constrnction facilities in case of unavailability of ce1iification by a legal entity engaged in constrnction or map survey operations; b/ In case of unavailability of cadastral maps, before perfo1miug the jobs specified at Point a of this Clause, notifying the laud registration office to conduct cadastral measurement © Vietnam Law and Legal F ornm Issue nos 04-06/May 2014 OFFICIAL GAZETTE 61 of the land parcel or examine the cadastral measurement document of the land parcel submitted by the land user (if any); c/ Publicly posting up for 15 days the results of dossier examination, ce1i ification of cunent land use status and state of dispute, origin and use time of land at its office and in the residential area where the land and land-attached assets are located; considering and settling feedback on the publicized contents, and sending the dossier to the land registration office. 3. The land registration office shall perfo1m the following jobs: a/ For households, individuals and communities submitting dossiers to the land registration office, sending the dossiers to the commune-level People's Committee for ce1t ification and publication of results under Clause 2 of this Alticle; b/ Extracting cadastral maps or conducting cadastral measurement ofland parcels without cadastral maps or with cadastral maps but changed land use boundaries or examining cadastral measurement documents of land parcels submitted by land users (if any); c/ Examining and ce1t ifying plans ofland-attached assets which have not been ce1t ified by legal entities engaged in constrnction or map smvey operations, for domestic organizations, religious institutions, foreign organizations and individuals and overseas Vietnamese implementing investment projects; d/ Examining registration dossiers; conducting field verification when necessaiy; ce1t ifying in the written requests the eligibility or ineligibility for grant of ce1t ificates of land use rights and ownership of houses and other land-attached assets; dd/ In case owners of land-attached assets do not have the papers , or the cunent status of assets has changed as compared with the papers , specified in Alticles 31, 3 2, 3 3 and 34 of this Decree, sending written requests for opinions of state management agencies about those assets, which shall issue written replies to the land registration office w ithin 5 working days; el Updating info1mation on land pai·cels and land-attached assets, registering in the cadastral records and land database (if any); g/ For land users applying for ce1t ificates ofland use rights and ownership of houses and other land-attached assets, sending cadastral info1mation to the tax agency for dete1mination and notification of :financial obligations , except cases not subject to :financial obligations or entitled to owe :financial obligations as prescribed by law; preparing dossiers for the natural resomces and environment agency to submit for signing certificates of land use rights and ownership of houses and other land-attached assets; additionally updating the grant of certificates of land use rights and ownership of houses and other land-attached assets to the cadastral records and land database; handing over certificates ofland use rights and ownership of houses and other land-attached assets to the persons concerned or sending these ce1t ificates to the commune-level People's Committee for handover to the persons concerned, if dossiers are submitted at the commune level. 4. The natural resomces and environment agency shall perfo1m the following jobs: ©Vietnam Law and Legal Fomm 62 OFFICIAL GAZETTE lssut> nos 04-06/May 2014 a/ Examining dossiers and proposing a competent agency to grant ce1tificates of land use rights and ownership of houses and other land-attached assets; In case of land lease, proposing a competent People's Committee to sign land lease decisions; signing land lease contracts and proposing a competent agency to grant ce1iificates ofland use rights and ownership of houses and other land-attached assets after land users have fulfilled :financial obligations in accordance with law. b/ Sending processed dossiers to the land registration office. 5. A land user that has registered land in accordance with law and now wishes to obtain a ce1tificate of land use rights and ownership of houses and other land-attached assets shall submit an application for such ce1tificate. The land registration office and natural resources and environment agency shall perfo1m the jobs specified at Point g, Clause 3, and Clause 4 of this Alticle. Article 71. Order and procedures for land registration for those that are allocated land by the State for management 1. Person that are cmTently allocated land by the State for management under Alticle 8 of the Land Law and have not registered such land shall send 1 set ofland registration dossier. The land registration office shall examine the cmTent land use status and update info1mation in the cadastral records and land database. 2. In case competent state agencies allocate land for management, based on decisions on land allocation for management, the land registration office shall update info1mation in the cadastral records and land database. Article 72. Order and procedures for registration and grant of ceitificates of land use rights and ownership of houses and other land-attached assets to acquirers of land use rights and buyers of houses and constrnction facilities under housing development projects 1. After completing a work, the housing development project investor shall send to the provincial-level Natural Resources and Environment Department the following documents: a/ Project approval decision, investment decision, investment license or investment ce1tificate; b/ Decision approving the detailed constrnction master plan on a 1 : 500 scale; constrnction license (if any); c/ Ce1tificate or decision on land allocation or lease of a competent agency; documents proving the housing development project investor 's fulfillment of :financial obligations ( except cases entitled to exemption or owing as prescribed by law); d/ Plans of built houses and land which are as-built drawings of the ground or design drawings of the ground with sizes of edges of each sold apaitment in confo1mity with the cmTent construction status and signed contract; list of apaitments and construction facilities for sale (with info1mation on apaitment number, land area, construction area and common use ai·ea and area of each apartment); for an apaitment building, the plan must show the scope © Vietnain Law and Legal F ornm Issue nos 04-06/May 2014 OFFICIAL GAZETTE 63 (size and area) of the land for common use of apaiiment owners, construction ground of the apaiiment building and grounds of each floor and each apaiiment; dd/ Rep01is on project implementation results. 2. Within 30 days after receiving a dossier, the provincial-level Natural Resources and Environment Depaii ment shall examine the cunent land use status and built houses and constm ction facilities and conditions for transfer of land use rights and sale of houses of the project investor. After completing the examination, the provincial-level Natural Resources and Environment Depaiiment shall send to the project investor a notice of examination results; send the notice together with the plan of examined houses and land to the land registration office for implementing procedures for registration of houses and land for buyers, for cases eligible as prescribed by law. 3. The housing project investor shall submit 1 set of dossier for registration and grant of a ce1i ificate ofland use rights and ownership of houses and other land-attached assets on behalf of the acquirer of land use rights and buyers of houses and constmction facilities or provide dossiers for buyers to make registration themselves. A dossier must comprise: a/ Written request for registration ofland and land-attached assets and grant of a ce1i ificate of land use rights and ownership of houses and other land-attached assets; b/ Contract on transfer of land use rights, house and constmction facility purchase and sale as prescribed by law; c/ Record of handover of houses, land and constmction facilities. 4. The land registration office shall perfo1m the following jobs: a/ Examining legal documents in the dossier; ce1i ifying the eligibility or ineligibility for grant of a ce1i ificate ofland use rights and ownership of houses and other land-attached assets in the written request for registration; b/ Sending cadastral information to the tax agency for determination of :financial obligations (if any); c/ Updating info1mation in the cadastral records and land database (if any); d/ Preparing a dossier for submission to a competent agency for grant of a ce1ii:ficate ofland use rights and ownership of houses and other land-attached assets under Aliicle 37 of this Decree; dd/ Requesting the project investor to submit the granted ce1t ificate ofland use rights and ownership of houses and other land-attached assets for modification of the cadastral records and land database; e/ Handing over the ce1t i:ficate of land use rights and ownership of houses and other land-attached assets to the person concerned. 5. The provincial-level Natural Resources and Environment Department shall repo1t on project investors violating the laws on land, construction and housing to the provincial-level People's Committee for handling in accordance with law. ©Vietnam Law and Legal Fomm 64 OFFICIAL GAZETTE lssut> nos 04-06/May 2014 Article 73. Order and procedures for registration of establishment, change or tennination of limited use rights on adjacent land parcels 1. When arise, change or tenninate the limited use rights on the adjacent land parcel, one of the patties shall submit a written request, the ce1tificate (if any), the contract or the judgment or decision of the people's comt to the land registration office. 2. The land registration office shall check and update in the cadastral records and land database and write on the ce1tificate if requested. Article 74. Order and procedures for extension of land use tenn; certification of continued use of agricultural land of households and individuals upon expiration of the land use te1m 1. Organizations, overseas Vietnamese, foreign-invested enterprises, households or individuals that use land outside hi-tech zones or economic zones and do not fall into the cases prescribed in Clauses 2 and 3 of this Alticle, if wishing to extend their land use te1m, shall comply with the following provisions: a/ At least 6 months before the expiration of the land use te1m, a land user that wishes to extend the land use te1m shall submit 1 set of dossier of request for extension of land use te1m. In case the operation tenn of an investment project is changed due to the adjustment of such project, the dossier of request for extension of land use tenn shall be submitted after obtaining a document of a competent agency on the adjustment of the investment project; b/ The natural resources and environment agency shall appraise the land use demand; if the conditions for extension ai·e fully met, it shall assign the land registration office to send cadastral info1mation to the tax agency for dete1mining :financial obligations; submit the dossier to the People 's Committee of the same level for decision on the extension ofland use rights; sign a land lease contract, in case of land lease; and transfer the dossier to the land registration office for registration. In case the land use term extension requires registration of the adjustment of the investment project, the appraisal of the land use demand and the registration of the adjustment of the investment project shall be conducted concmTently. In case the operation te1m of an investment project is changed due to the adjustment of its size, the land use te1m may be adjusted according to the operation te1m of the project; c/ If the land use te1m extension is pe1mitted, the land user shall submit the granted ce1tificate and documents on fulfillment of :financial obligations to the natural resources and environment agency; d/ The land registration office shall ce1tify the extension of the land use te1m in the granted ce1tificate; adjust and update the change in the cadastral records and land database; hand over the certificate to the requester or send it to the commune-level People's Committee for handover, in case of submission of dossiers at commune level; © Vietnam Law and Legal F ornm Issue nos 04-06/May 2014 OFFICIAL GAZETTE 65 dd/ If the conditions for extension ofland use tenn are not fully met, the natural resources and environment agency shall notify it to the land user concerned and cany out land recove1y procedures according to regulations. 2. Households and individuals directly engaged in agricultural production that are using agricultural land allocated, or with land use rights recognized, by the State, or acquired through transfer, may continue to use such land according to the te1m prescribed in Clause 1, Article 126 and Clause 3, Alticle 210 of the Land Law upon the expiration of the land use te1m without having to register the adjustment of the land use te1m. 3. A household or an individual specified in Clause 2 of this Alticle that wishes to have the land use te1m re-ce1tified in the ce1tificate shall comply with the following order and procedures: a/ The land user shall submit a dossier of request for re-ce1tification of land use te1m; b/ The commune-level People 's Committee of the place where the land is located shall check the dossier and give ce1tification that the household or individual is directly using land for agricultural production and there is no land recove1y decision of a competent state agency, and send the dossier to the land registration office; c/ The land registration office shall check the dossier; ce1tify the duration for continued land use according to the te1m prescribed in Clause 1, Alticle 126 and Clause 3, Alticle 210 of the Land Law in the granted ce1tificate; adjust and update the change in the cadastral records and land database, and hand over the ce1tificate to the land user or send it to the commune-level People 's Committee for handover, in case of submission of dossiers at commune level. Article 75. Order and procedures for land parcel division or consolidation 1. A land user shall submit a set of dossier of request for land parcel division or consolidation. 2. The land registration office shall: a/ Conduct cadastral surveys for land parcel division; b/ Make dossiers and submit them to a competent agency for granting certificates of land use rights and ownership of houses and other land-attached assets to the land users with regard to newly divided or consolidated land parcels; c/ Adjust and update the change in the cadastral records and land database; hand over the ce1tificates ofland use rights and ownership of houses and other land-attached assets to the land users concerned or send them to the commune-level People's Committees for handover, in case of submission of dossiers at commune level. 3. In case a land parcel is divided due to the transfer of the use rights on pa.it of the land pai·cel or due to the settlement of a dispute, complaint, denunciation or land auction, or due to the division of the land-using household or group ofland users; due to the handling of a m01tgage or capital contribution contract, distraint and auction of land use rights for enforcement of a judgment (below refened to as transfer of rights), the land registration office shall: a/ Conduct cadastral surveys for land parcel division; ©Vietnam Law and Legal Fomm 66 OFFICIAL GAZETTE lssut> nos 04-06/May 2014 b/ Cany out the change registration procedures as prescribed by this Decree for the part of land area on which rights are transfe1Ted; at the same time ce1iify the change in the granted certificate or submit the case to an agency competent to grant the certificate of land use rights and ownership of houses and other land-attached assets for the remaining area of the land parcel on which rights are not trnnsfe1Ted; adjust and update the change in the cadastral records and land database; hand over the ce1iificate to the land user concerned or send it to the commune-level People's Committee for handover, in case of submission of dossiers at commune level. 4 . fu case a land parcel is divided due to the recove1y by the State of part of the land parcel, the natural resources and environment agency shall direct the land registration office to perfo1m the following pursuant to the recove1y decision of a competent state agency: a/ Surveying and adjusting the cadastral map, cadastral records and land database; b/ Ce1tifying the change in the granted ce1ti:ficate and handing it over to the land user concerned or sending it to the commune-level People 's Committee for handover, in case of submission of dossiers at commune level. Article 76. Renewal of certificates or ce1tificates of house ownership or ce1tificates of ownership of construction works 1. The renewal of granted ce1ti:ficates, ce1tificates of house ownership or ce1ti:ficates of ownership of construction works shall be made in the following cases: a/ Land users that wish to change ce1ti:ficates of house ownership or ce1ti:ficates of ownership of construction works or ce1ti:ficates granted before December 10, 2009, into ce1tificates of land use rights and ownership of houses and other land-attached assets; b/ Granted ce1ti:ficates or ce1tificates of house ownership or ce1ti:ficates of ownership of construction works are smeared, bluny, ragged or damaged; c/ Consolidation and swap of land parcels, re-survey and re-measurement of areas and sizes of land parcels; d/ Request for writing of full names of both husband and wife in the ce1tificates, in case land use rights are or ownership ofland-attached assets is common assets of husband and wife but the ce1tificates only indicate the full name of either of them. 2. A land user shall submit 1 set of dossier of request for ce1ti:ficate renewal. 3. The land registr·ation office shall: a/ Check the dossier and certify the reason for certificate renewal in the written request; b/ Make a dossier and submit it to a competent agency for granting a ce1ti:ficate of land use rights and ownership of houses and other land-attached assets; c/ Adjust and update the change in the cadastrnl records and land database; hand over the ce1ti:ficate ofland use rights and ownership of houses and other land-attached assets to the land user concerned or send it to the commune-level People 's Committees for handover, in case of submission of dossiers at commune level. © Vietnam Law and Legal F 01um Issue nos 04-06/May 2014 OFFICIAL GAZETTE 67 4. In case the ce1tificate is renewed after consolidation and swap of land parcels or smvey and making of cadastral maps but the granted ce1iificate is cmTently m01igaged at a credit institution, the land user shall submit a copy of the contract on m01igage of land use rights and land-attached assets in replacement of the granted ce1iificate in canying out the renewal procedmes. The land registration office shall notify the list of cases of request for renewal of the certificate to the credit institution at which land use rights and land-attached assets are mo1tgaged; and certify the mo1tgage registration in the certificate of land use rights and ownership of houses and other land-attached assets after it is signed and granted by a competent agency. 5. The handover of ce1tificates of land use rights and ownership of houses and other land-attached assets in the cases of renewal specified in Clause 4 of this Alticle shall be can-ied out by triple pa1ties including the land registration office, land user and credit institution under the following provisions: a/ The land user shall sign and receive the new ce1tificate from the land registration office and hand it over to the credit institution being the mo1tgagee; b/ The credit institution shall hand over the mortgaged old certificate to the land registration office for management. Article 77. Re-grant of ce1tificates, ce1tificates of house ownership or ce1tificates of ownership of constrnction works due to loss 1. Households, individuals or communities shall declare to the commune-level People 's Committee of the locality where the land is located the loss of their ce1tificates, ce1tificates of house ownership or ce1tificates of ownership of constrnction works. The commune-level People's Committee shall post up the loss at its office, except the loss due to a natmal disaster or fire. Domestic organizations, religious institutions, foreign organizations, foreigners or overseas Vietnamese shall announce the loss of their certificates, ce1tificates of house ownership or ce1tificates of ownership of construction works in the local mass media. 2. After 30 days from the date of posting up the loss of the ce1tificate at the office of the commune-level People's Committee, for households, individuals or communities, or from the date of the first announcement in the local mass media, for domestic organizations, religious institutions, foreign organizations, foreigners or overseas Vietnamese, the person whose ce1tificate is lost shall submit a dossier of request for re-grant of the ce1tificate. 3. The land regisfration office shall check the dossier; the exti·act of the cadasti·al map or the exfract of the cadasfral smvey of the land parcel, in case the cadasti·al map is unavailable and a cadasti·al smvey of the land parcel has not yet been conducted; make a dossier and submit it to a competent state agency defined in Alticle 37 of this Decree for signing a decision to cancel the lost ce1tificate and sign and re-grant the ce1tificate ofland use rights and ownership of houses and other land-attached assets; and adjust and update the change in the cadasfral records and land database; hand over the ce1tificate to the land user concerned or send it to ©Vietnam Law and Legal Fornm 68 OFFICIAL GAZETTE lssut> nos 04-06/May 2014 the commune-level People's Committees for handover, in case of submission of dossiers at commune level. Article 78. Order and procedures for exchanging agricultural land use rights of households and individuals for consolidation and swap of land parcels 1. Households or individuals using agricultural land themselves shall reach agreement on the documents on exchanging agricultural land use rights. 2 . Commune-level People's Committees shall make plans on exchanging agricultural land use rights for the whole communes, wards or townships (including the exchange schedule), and send them to district-level Natural Resomces and Environment Divisions. 3. District-level Natural Resources and Environment Divisions shall verify the plans and submit them to district-level People 's Committees for approval, which shall then direct commune-level People 's Committees to organize the swap of agricultural land among households and individuals according to the approved plans. 4. Provincial-level Natural Resources and Environment Depaitments shall direct the survey, making and adjustment of cadastral maps. 5. Households and individuals using land shall submit dossiers for renewal of ce1tificates. 6. The land registration office shall: a/ Check the dossiers and ce1tify the change in the written requests for renewal of ce1tificate; b/ Make dossiers and submit them to competent agencies for granting ce1tificates ofland use rights and ownership of houses and other land-attached assets to land users; c/ Make or update and adjust the cadastral records and land database; hand over ce1tificates of land use rights and ownership of houses and other land-attached assets to land users in communes, wai·ds or townships where the land is located. For land users who m01tgage land use rights at credit institutions, the land registration office shall hand over the ce1tificates under Clause 5, Alticle 76 of this Decree. Article 79. Order and procedmes for exchange, transfer, lease, sub-lease, inheritance, donation, contribution as capital of land use rights and ownership of land-attached assets; conversion of land use rights and ownership of land-attached assets of husband or wife into common rights and ownership of husband and wife 1. A land user shall submit 1 dossier set for exercise of rights of land users and owners of land-attached assets. For exercising the rights ofland users on pait of a land pai·cel, before submitting dossiers for exercise of rights ofland users, land users shall request the land registration office to measure and divide the land ai·ea on which land users need to exercise their rights. 2 . The land registration office shall check dossiers. If seeing that all conditions for exercise of rights ai·e fully met under regulations, it shall: © Vietnam Law and Legal F ornm Issue nos 04-06/May 2014 OFFICIAL GAZETTE 69 a/ Send cadastral info1mation to the tax agency for dete1mination and notification of financial obligations, in case financial obligations must be fulfilled under regulations; b/ Certify the change in the granted ce1tificates UI1der regulations of the Ministiy of Natural Resources and Envirolllllent. In case a ce1tificate of land use rights and ownership of houses and other land-attached assets must be granted, it shall make a dossier and submit it to a competent agency for granting such ce1ti:ficate to the land user concerned; c/ Adjust and update changes in the cadastral records and land database; hand over the ce1ti:ficates to land users or to commlllle-level People's Committees for handover, in case of submission of dossiers at commlllle level. 3. In case a land user donates land use rights for the constluction of public facilities, a document on donation of land use rights must be made UI1der regulations. After the constluction of public facilities on the donated land is completed, the land registration office shall base itself on the donation document already ce1ti:fied by the commlllle level People's Committee and on the cmTent land use status to survey and update the change in the cadasti·al records and land database, and notify the land user to submit the granted ce1ti:ficate for change ce1ti:fication. In case the land user donates the whole land area UI1der the granted ce1ti:ficate, the land registi·ation office shall withdraw the ce1tificate for management. 4. In case the applicant for a ce1ti:ficate dies before being handed over the ce1ti:ficate, the person who inherits land use rights in accordance with the inheritance law shall additionally submit a paper on inheritance as prescribed. The land registration office shall certify the inheritance in the granted ce1tificate or make a dossier and submit it to a competent agency for granting the ce1ti:ficate of land use rights and ownership of houses and other land-attached assets to the heir UI1der regulations of the Ministiy of Natural Resources and Environment. The heir shall perfo1m financial obligations for land use rights and land-attached assets in case the deceased has such financial obligations as prescribed by law. 5. In case the users of land leased from the State with annual rental payment sell or contribute as capital leased land-attached assets, they shall comply with the following order and procedmes: a/ Selling or conti·ibuting as capital leased land-attached assets in accordance with the civil law; b/ After receiving the dossier of the sale or contribution as capital of leased land attached assets, the land registi·ation office shall make a dossier for the purchaser or recipient of contributed capital being land-attached assets to lease the land; c/ The natural resources and environment agency shall verify the dossier and submit it to the People's Committee of a competent level to decide on the recove1y of the land from the seller or contributor of land-attached assets as capital to the purchaser or recipient for lease; sign a land lease contract with the purchaser or recipient; and notify the tax agency of the invalidity of the land lease contract signed with the asset seller or contributor; ©Vietnam Law and Legal Fomm 70 OFFICIAL GAZETTE lssut> nos 04-06/May 2014 di The land registration office shall send the land lease contract to the purchaser or recipient of assets contii.buted as capital; adjust and update the change in the cadastral records and land database; and hand over the ce1iificate to the grantee; ddl In case of purchase and sale or conti·ibution as capital of assets attached to paii of a leased land pai·cel, the land users shall cany out the procedures for division of the land parcel before canying out land lease procedures presc1i.bed in this Clause. Article 80. Order and procedures for deregisti·ation of lease, sub-lease or contribution as capital of land use rights and ownership of land-attached assets 1. One or all of the paiiies to the conti·act on lease, sublease or contribution as capital of land use rights and ownership ofland-attached assets shall submit a dossier set for deregistration of lease, sub-lease or conti·ibution as capital of land use rights and ownership land-attached assets. 2 . The land registration office shall check the dossier; if seeing that the dossier is valid, it shall: a/ Ce1iify the deregisti·ation of the lease, sub-lease or contribution as capital ofland use rights and ownership of land-attached assets in the ce1iificate under regulations and handing over it to the lessor, sub-lessor or contributor. In case of leasing or subleasing land in an industrial pai·k or of contributing as capital land use rights in which the ce1ii:ficates have been granted to the lessees, sub-lessees or recipients, it shall recover the granted ce1iificates; the recipients shall be re-granted the ce1ii:ficates of land use rights and ownership of houses and other land-attached assets. If the land use te1m expires at the same time with the deregisti·ation of the lease, sub lease or contribution as capital of land use rights and ownership of land-attached assets and the land user does not wish to continue using the land or a competent state agency refuses to extend the land use te1m, the granted ce1ii:ficate shall be withdrawn; b/ Deregister the lease, sub-lease or contribution as capital of land use rights and ownership of land-attached assets in the cadastral records and land database. 3. The contribution ofland use rights as capital shall te1minate in the following cases: a/ Upon expiration of the duration of contribution of land use rights as capital; b/ At the request of one or all of the paiiies as agreed upon in the capital contribution conti·act; c/ Upon land recove1y in accordance with the Land Law; di The paiiy contii.buting land use rights as capital to the business cooperation contract or joint venture enterprise is declai·ed bankrnpt or dissolved; ddl The individual paiiicipating in the capital contribution conti·act dies; is declared dead; loses the civil act capacity or has it restricted; is banned from operation in the field of business cooperation while such conti·act must be perfo1med by such individual; el The legal entity paiiicipating in the capital contribution contract te1minates operation while such conti·act must be perfo1med by such legal entity. © Vietnam Law and Legal F ornm Issue nos 04-06/May 2014 OFFICIAL GAZETTE 71 4. Upon tennination of the capital contribution, land use rights shall be handled as follows: a/ If the capital contribution duration expires or the pruiies reach agreement on the tennination of the capital contribution, the capital contributor is entitled to fmiher use the land for the remaining duration. If the land use te1m expires or the contributor of land use rights as capital no longer needs to use the land, the State may allow the capital recipient to continue leasing the land if the latter so needs; b/ If the capital contribution te1minates under a decision of a competent state agency due to a violation of the land law, the State shall recover such land; c/ If the recipient or the contributor ofland use rights as capital is an organization which falls bankmpt, the contributed land use rights shall be handled under the bankmptcy declaration decision of the comt. The person who receives land use rights and land-attached assets under decisions of people 's comts may continue using the land for the dete1mined purpose for the remaining land use te1m and shall be granted ce1tificates ofland use rights and ownership of houses and other land-attached assets. If there is no person to receive land use rights and land-attached assets, the State shall recover such land and assets; d/ If the individual entering into the capital contribution contract dies, his/her land use rights already contributed as capital may be bequeathed in accordance with the civil law; dd/ In case the individual entering into the capital contribution is declru·ed dead or has his/her civil act capacity restricted, his/her contributed land use rights shall be handled in accordance with the civil law; e/ If the joint-venture enterprise or the institutional pruiy contributing land use rights as capital is dissolved, the contributed land use rights shall be handled as agreed upon between the patties in accordance with the Land Law and other relevant laws. Article 81. Order and procedures for registration or deregistration of the mo1igage of land use rights and handling of mo1tgaged land use rights, for debt recove1y 1. The Ministry of Justice shall assume the prime responsibility for, and coordinate with the Ministry of Natural Resources and Environment in, guiding the registr·ation of the mo1igage of land use rights and land-attached assets. 2. The handling of land use rights ah-eady guaranteed under the 2003 Land Law or ah-eady mo1igaged for debt recove1y is prescribed as follows: a/ The mortgaged or guaranteed land use rights shall be handled as agreed in the mo1igage or guaranty contr·acts . If they cannot be handled as agreed, the mo1tgagee or guarantee may transfer the mo1igaged or guaranteed land use rights to another person for debt recove1y, or request a competent state agency to auction such land use rights without © Vietnam Law and Legal Forum 72 OFFICIAL GAZETTE lssut> nos 04-06/May 2014 having to obtain the consent of the mo1tgagor or guarantor, or file a lawsuit at a people's court in accordance with law; bl The person receiving land use rights under Point a of this Clause shall be granted a ce1i ificate of land use rights and ownership of houses and other land-attached assets; may use the land for the detennined pmpose and has the rights and obligations as prescribed in the land law within the remaining land use tenn; for residential land, the land user may use it in a stable and pe1manent manner. Article 82. Procedures for registration and grant of ce1i ificates of land use rights and ownership of houses and other land-attached assets in case land use rights have been transfened but the procedures for transfer of such rights have not yet been can ied out 1. In case the cmTent user of land acquired from transfer or inheritance or donation of land use rights before Januaiy 1, 2008, which has not yet been granted a ce1i ificate but does not fall into the case specified in Clause 2 of this Alticle, such person shall cany out the procedures for land registration and grant of a ce1t ificate of land use rights and ownership of houses and other land-attached assets as prescribed in the Land Law and this Decree without having to cany out the land use rights transfer procedures; the dossier-receiving agency may not ask him/her to submit the contract or document on land use rights transfer as prescribed by law. 2 . In case the cmTent user of land acquired from transfer or inheritance or donation ofland use rights before July 1, 2014, and such person has only a ce1t ificate of the land use rights transferor or a contract or paper on land use rights transfer as prescribed, the following provisions shall be complied with: a/ Such person shall submit an application for a ce1t ificate ofland use rights and ownership of houses and other land-attached assets and available land use rights papers; b/ The land registration office shall notify writing the rights transferor and post up at the office of the commune-level People's Committee of the place where the land is located of the cany ing out of the procedures to grant a ce1tificate of land use rights and ownership of houses and other land-attached assets to the rights recipient. If the rights transferor 's address is unknown, an announcement must be published in the local mass media for three consecutive issues (announcement expenses shall be paid by the applicant for the ce1tificate); c/ After 30 days from the date of notification or first announcement in the local mass media, if there is no written claim for dispute settlement, the land registration office shall make a dossier and submit it to a competent agency for the latter to decide to cancel the granted certificate, in case the ce1t ificate is not submitted, and concmTently grant a new ce1tificate ofland use rights and ownership of houses and other land-attached assets to the rights recipient. If receiving a written claim for dispute settlement, the land registration office shall instruct the pa1t ies to file such claim with a state agency competent to settle disputes according to regulations. Article 83. Order and procedures for change registi·ation in the case of establishment of private ente1p rises, ti·ansfer of investinent projects or ti·ansfo1mation of companies; division, splitting, consolidation or merger of ente1prises © Vietnam Law and Legal F ornm Issue nos 04-06/May 2014 OFFICIAL GAZETTE 73 1. In case a household or an individual sets up a private enterprise and uses land for such enterprise 's production and business activities without changing the land use pmpose, the private enterprise may continue using the land and shall cany out the procedmes for registration of the change of the name of land user under Point b, Clause 4, Alticle 95 of the Land Law and AI1icle 85 ofthis Decree. In case of using land leased by the State, the private enterprise shall re-sign the land lease contract with the provincial-level Natural Resources and Environment Department prior to receipt of a certificate. In case a household or an individual sets up a private enterprise and uses land for such enterprise's production and business activities for a new purpose for which permission must be obtained, the private enterprise shall cany out the procedures for land use purpose change. It shall submit a dossier of request for pe1mission to change the land use pmpose together with a dossier of registration of the change of the name of land user; competent agencies shall consider and decide to pe1mit the change of the land use pmpose and consider and certify the change of the name of land user at the same time. When the private ente1prise te1minates operation and its land use rights are not dealt with in accordance with law, registration of the change of the name of land user may be made for the household or individual concerned under Point b, Clause 4, AI1icle 95 of the Land Law and Alticle 85 of this Decree. 2. In case of transfer of investment projects using land in accordance with law, the following provisions shall be complied with: a/ In case of transfer of an investment project in which the transferor is allocated land by the State with land use levy, is leased land with full one-off land rental payment for the entire lease te1m or acquires land use rights in accordance with law and the paid land use levy, land rental or amount for the transfer of land use rights does not originate from the state budget, the related parties shall carry out the procedures for transfer of land use rights under Alticle 79 of this Decree. The project transfer contract must clearly indicate the value ofland use rights in the total value of the transferred project and is valid for substituting the land use rights transfer contract when carrying out the land use rights transfer procedures; b/ In case of transfer of a project in which the transferor is allocated land by the State without land use levy, is leased land with annual land rental payment or is allocated land with land use levy or is leased land with full one-off land rental payment for the entire lease te1m or acquires land use rights and the paid land use levy, land rental or amount for the transfer of land use rights originates from the state budget, the related patties shall submit the project transfer contract and the granted ce1tificate for canying out the procedures as in the case of sale of land-attached assets. The provincial-level Natural Resources and Environment Depaitment shall submit the dossier to the provincial-level People's Committee for the latter to decide to recover land from the project transferor and to allocate or lease land to the project transferee; grant a ce1ti:ficate of land use rights and ownership of houses and other land-attached assets to the project transferee in accordance with the land law. ©Vietnam Law and Legal Fomm 74 OFFICIAL GAZETTE lssut> nos 04-06/May 2014 3. The Minist1y of Natural Resources and Environment shall detail the registration of land-related changes in the case of transformation of companies or division , splitting, consolidation and merger of ente1p rises. Article 84. Order and procedures for registration of change of land and land-attached assets in the cases of winning auctions of land use rights; settlement of land-related disputes, complaints or denunciations; handling of m01tgage and capital contribution contracts; distraint and auction of land use rights and land-attached assets for judgment enforcement; division, splitting, consolidation and merger of organizations or transfo1mation of companies; agreement on consolidation or division of land use rights and ownership of land-attached assets of households, husband and wife or group of land users 1. Persons responsible for submitting dossiers are prescribed as follows: a/ Recipients ofland use rights and land-attached assets shall submit dossiers for the cases of receiving land use rights according to results of settlement ofland-related disputes, complaints or denunciations; handling of contracts on m01tgage ofland use rights and land-attached assets under agreement; decisions or judgments of people 's comts, judgment enforcement decisions of judgment enforcement agencies ah eady enforced; results of auctions of land use rights and land-attached assets; and division or splitting of households or group of land users; b/ Organizations that have dealt with land use rights and land-attached assets shall submit dossiers on behalf of recipients of land use rights in the cases of handling contracts on m01tgage or contribution as capital of land use rights and land-attached assets not under agreement; distraint and auction of land use rights and land-attached assets for judgment enforcement in accordance with law. 2 . The submission of dossiers for registration ofland use rights and land-attached assets must comply with Alticles 60 and 79 of this Decree. 3. The land registration office shall check the dossier. If the dossier is valid, the land registration office shall: a/ Measure the land parcel, if it has no cadastral map or is not measured yet, or land use rights on pait of the land parcel which has a celiificate are transfeITed; b/ Send cadastral info1mation to the tax agency for dete1mining financial obligations, in case the financial obligations must be fulfilled under regulations, and for notifying such financial obligations; c/ Give certification in the granted certificate. If a ce1t ificate of land use rights and ownership of houses and other land-attached assets is to be granted according to regulations, make a dossier and submit it to an agency competent to grant such certificate, when so requested; d/ Update the change in the cadastral records and land database; hand over the ce1t ificate of land use rights and ownership of houses and other land-attached assets to the applicant or send it to the commune-level People's Committee for handing, in case of submission of dossiers at commune level. © Vietnam Law and Legal F ornm Issue nos 04-06/May 2014 OFFICIAL GAZETTE 75 Article 85. Order and procedures for registration of change of land and land-attached assets due to change of inf01m ation on ce1i ificate holders; decrease of land parcel area due to natural erosion; change of limitations on land use rights; change of financial obligations; change ofland-attached assets compared to registered contents or granted ce1i ificates; change from land lease with annual land rental payment to land lease with full one-off land rental payment for the entire lease te1m or from land allocation without land use levy to land lease or from land lease to land allocation with land use levy 1. A land user shall submit a dossier of change registration. 2. The land registration office shall check the dossier. If the dossier is valid, the land registration office shall: a/ Measure the land parcel, if there is a change in the land parcel area and land-attached assets or the ce1i ificate has been granted but the land parcel has no cadastral map or is not measured yet; b/ In case of registration of change of construction area, use area, number of stories, structure, grade (class) of house or construction work not in compliance with the construction license or without construction license in case pe1mission is required, send a written request to the constmction management and licensing agency for opinion in accordance with the constmction law; c/ Send cadastr·al info1mation to the tax agency for dete1mining financial obligations, in case land use levy or land rental must be paid according to regulations; d/ Give certification in the granted ce1i ificate. If a ce1i ificate is to be re-granted according to regulations of the Ministry of Natural Resources and Environment, make a dossier and submit it to a competent agency for granting a certificate of land use rights and ownership of houses and other land-attached assets; notify the land user to sign or re-sign the land lease contr·act with the natural resources and environment agency, in case land shall be leased; dd/ Update the change and adjust the cadastr·al records and land database; hand over the ce1i ificate of land use rights and ownership of houses and other land-attached assets to the applicant or send it to the commune-level People's Committee for handing, in case of submission of dossiers at commune level. 3. For land users that wish to change the land use purpose and concmTently register the change of a content specified in this Article, the procedures prescribed in Clauses 1 and 2 of this Aliicle and the procedures for land use purpose change shall be carried out at the same time. Article 86. Procedures for coITection of granted certificates, certificates of house ownership and certificates of ownership of constr1.1ction works 1. Land users or owners of land-attached assets shall submit the granted ce1iificates, ce1i ificates of house ownership or ce1i ificates of ownership of construction works containing eITors to the land registr·ation office for coITection. For eITors due to the fault of land users or owners of land-attached assets, they shall make a written request for coITection. © Vietnam Law and Legal Forum 76 OFFICIAL GAZETTE lssut> nos 04-06/May 2014 If the land registration office detect enors in a granted ce1iificate, ce1iificate of house ownership or certificate of ownership of constmction works, it shall notify them to the land user or owner of land-attached assets and request the latter to hand over the certificate for conection. 2. The land registration office shall check and make a written record of conclusions on the contents and causes of e1rnrs; make a dossier and submit it to a competent agency to make conection in the granted ce1ti:ficate, ce1tificate of house ownership or ce1tificate of ownership of constmction works containing e1rnrs; and concunently conect the enoneous contents in the cadastral records and laud database. 3. If the holder of the ce1tificate, ce1iificate of house ownership or ce1tificate of ownership of constmction works that needs to be conected requests to change it into a ce1ti:ficate oflaud use rights and ownership of houses and other laud-attached assets, the land registration office shall submit such request to a competent agency for granting such ce1tificate. Article 87. Procedures for withdrawal of granted ce1ti:ficates, certificates of house ownership and ce1ti:ficates of ownership of constmction works 1. In case the State recovers land under Alticles 61 and 62 of the Land Law, laud users shall return the granted ce1ti:ficates prior to receipt of compensation and suppo1t money in accordance with the laud law. Organizations in charge of compensation and ground clearance shall withdraw the granted ce1ti:ficates and transfer them to the land registration office for management. 2. In case the State recovers land under Alticles 64 and 65 of the Land Law, laud users shall return the granted ce1ti:ficates prior to handover of laud to the State, except the case prescribed at Point b, Clause 1, Alticle 65 of the Land Law. Organizations in charge of laud recove1y shall withdraw the granted ceiti:ficates and transfer them to the land registration office for management. 3. In case of renewal of granted ce1ti:ficates, ce1ti:ficates of house ownership or ce1tificates of ownership of construction works or registration of changes ofland and land-attached assets, land users shall return the previously granted ce1ti:ficated when submitting the dossiers of request for renewal of ce1tificate or dossiers of change registration. The land registi·ation office shall manage the returned ce1ti:ficates after completing the procedures for renewal of ce1ti:ficates or registration of change of laud and land-attached assets. 4. In case of withdrawing ce1ti:ficates granted in violation of the land law under Point d, Clause 2, Alticle 106 of the Land Law, the following provisions shall be complied with: a/ In case the investigation or inspection agency makes a written conclusion that the ce1ti:ficate has been granted in violation of the land law, a competent state agency shall consider and decide to withdraw the granted ce1tificate, if such conclusion is conect, or notify the investigation or inspection agency, if dete1mining that the ce1ti:ficate has been granted lawfully; © Vietnam Law and Legal F ornm Issue nos 04-06/May 2014 OFFICIAL GAZETTE 77 b/ In case a state agency competent to grant ce1tificates ofland use rights and ownership of houses and other land-attached assets detects a ce1ti:ficate that has been granted in violation of the land law, it shall notify it in writing to the inspection agency of the same level for verification; if it is concluded that the ce1tificate has been granted in violation of law, it shall notify the land user concerned of the reason. If there is no written complaint after 30 days since the date of sending a notice to the land user, it shall issue a decision to withdraw the granted ce1ti:ficate; c/ In case the land user detects a ce1ti:ficate that has been granted in violation of the land law, he/she shall send a repo1t on his/her detection to a state agency competent to grant ce1ti:ficates of land use rights and ownership of houses and other land-attached assets, which shall consider and settle the case under Point b of this Clause; d/ The land registration office shall withdraw and manage ce1ti:ficates under competent agencies' decisions on withdrawal of ceiti:ficates; dd/ A land user or owner of land-attached assets that disagrees with the settlement of a competent state agency as prescribed at Points a, b and c of this Clause may lodge a complaint in accordance with the law on complaints. 5. The State shall not withdraw ce1ti:ficates which have been granted in violation of law in the cases prescribed at Point d, Clause 2, Alticle 106 of the Land Law if the holders of such ce1ti:ficates have caITied out the procedures for exchange or transfer of land use rights and ownership of land-attached assets or for change of land use purpose and their cases have been settled in accordance with law. The handling of damage caused by the grant of certificates in violation of law must comply with decisions or judgments of people's courts. Those who commit violations leading to the unlawful grant of ceiti:ficates shall be handled under Alticles 206 and 207 of the Land Law. 6. The granted ce1ti:ficates not falling into the case prescribed in Clause 2,Alticle 106 of the Land Law shall be withdrawn only after the judgments or decisions of the people's comt have been enforced. 7. In case of withdrawing ce1ti:ficates under Clauses 1, 2, 3, 4 and 6 of this Alticle, if the land user or owner of land-attached assets fails to return the ce1ti:ficate, the land registration office shall repo1t the case to the agency competent to grant ce1ti:ficates of land use rights and ownership of houses and other land-attached assets, to decide to invalidate such ce1ti:ficate; adjust the cadastral records under regulations; and make a list of invalidated ce1ti:ficates and send it to the provincial-level Natural Resources and Environment Depa1tment and the General Depa1tment of Land Administration for publicly posting on their websites. 8. The land registration office shall submit dossiers to competent agencies for re-grant of ce1ti:ficates to land users in accordance with law; for ce1ti:ficates that have been granted in violation of law at the fault of land users or that have been granted to wrong subjects, the land registration office shall instmct the land users to cany out the procedures for re-grant of ce1ti:ficates according to regulations. ©Vietnam Law and Legal Fomm 78 OFFICIAL GAZETTE lssut> nos 04-06/May 2014 Section 4 ORDER OF AND PROCEDURES FOR CONCILIATION AND SETTLEMENT OF LAND DISPUTES Article 88. Procedmes for conciliation of land disputes 1. Upon receiving a written request for settlement of a land dispute, a provincial-level People 's Committee shall: a/ Verify and learn about the cause of the dispute, collect relevant documents about the land origin, land use process and cmTent land use status from the parties; bl Fo1m a council for conciliation of land disputes. This council shall be composed of the chairperson or a deputy chairperson of the People's Committee as its head; a representative of the Fatherland Front Committee of the commune, ward or township; the head of the street quarter, for mban areas; the head of the village, for mral areas; a representative of households that have lived for a long time in the commune, ward or township and know well about the origin and use process of the disputed land parcel; and the cadastral and justice officers of the commune, ward or township. On a case-by-case basis, representatives of the Faimers' Association, Women's Union, Veterans' Association and Ho Chi Minh Communist Youth Union may be invited; c/ Organize a conciliation meeting with the participation of the disputing parties, members of the council for conciliation of land disputes and persons with related interests and obligations. The conciliation may take place only when all the disputing paiiies ai·e present. If any of the disputing pa1iies is absent for the second time, the conciliation shall be regarded as unsuccessful. 2 . The result of conciliation of a land dispute must be recorded in a minutes which specifies the time and place of the conciliation; pa1iicipants in the conciliation; summaiy of the dispute clearly stating the origin and time of use of the disputed land, cause of the dispute (akeady verified), opinion of the conciliation council; and contents agreed and disagreed between the disputing pa1iies. The conciliation minutes must be signed by the head of the conciliation council, the disputing pa1iies present at the conciliation session and paiiicipants in the conciliation, and sealed by the commune-level People 's Committee. It must be immediately sent to the disputing paiiies and preserved at the commune-level People 's Committee. 3. Within 10 days after the date of making a minutes of successful conciliation, if the paiiies express in writing opinions different from the contents agreed in this minutes, the chaiiperson of the commune-level People's Committee shall organize another meeting of the conciliation council to consider and handle supplementaiy opinions and make a minutes of successful or unsuccessful conciliation. 4. In case of successful conciliation resulting in a change in the cm-rent land use boundai·ies or land user, the commune-level People's Committee shall send the minutes of © Vietnam Law and Legal F ornm Issue nos 04-06/May 2014 OFFICIAL GAZETTE 79 successful conciliation to a competent agency for settlement under Clause 5, Alticle 202 of the Land Law. In case of unsuccessful conciliation or of successful conciliation but at least one party changes its opinion on the conciliation result, the coillillune-level People's Cominittee shall make a minutes of unsuccessful conciliation and guide the disputing paities to file a petition with a competent agency to finther settle the dispute. Article 89. Procedures for settlement of land disputes falling under the competence of chairpersons of district- or provincial-level People's Cominittees 1. A petition for settlement of land disputes shall be filed with the competent-level People's Coillillittee. 2. The chairperson of the competent-level People's Cominittee shall assign its adviso1y agency to settle. 3. The adviso1y agency shall verify the case, organize conciliation among the disputing pa1ties, hold a meeting among related depaitments and sectors to advise on the settlement of the land dispute (if necessaiy), and complete the dossier of the case and subinit it to the People 's Coillillittee of the same level for the latter to issue a decision on settlement of the land dispute. A dossier of settlement of a land dispute must comprise: a/ The petition for settlement of land dispute; b/ The minutes of conciliation at the commune-level People 's Coillillittee; minutes of working with the disputing paities and related persons; minutes of the field inspection of the disputed land; minutes of the meeting with related depaitments and sectors to advise on the settlement of the land dispute, in case of unsuccessful conciliation; and minutes of conciliation during the settlement of the dispute; c/ Extracts from the cadastral maps and records made in different periods related to the area of the disputed land and documents as evidence and proof in the process of dispute settlement; d/ The proposal repo1t and draft decision on settlement of the dispute or draft decision on recognition of successful conciliation. 4. The chairperson of the competent-level People's Cominittee shall issue the decision on settlement of the dispute or recognition of successful conciliation, and send it to the disputing pa1ties and organizations and individuals with related rights and obligations. Article 90. Procedures for settlement of land disputes falling under the competence of the Minister of Natural Resources and Environment 1. A petition for settlement of a land dispute shall be filed with the Minister of Natural Resources and Environment. 2. After receiving a petition for settlement of a land dispute, the Minister of Natural Resources and Environment shall assign a relevant unit to advise on the settlement. The assigned unit shall collect and study documents, organize conciliation among the disputing pa1ties. In case of necessity, it may propose the Minister of Natural Resources and Environment to decide ©Vietnam Law and Legal Fomm 80 OFFICIAL GAZETTE lssut> nos 04-06/May 2014 to fo1m a working team to verify the case in the locality; and shall complete the dossier and submit it to the Minister of Natural Resources and Environment for issuance of a decision on settlement of the land dispute. 3. A dossier of settlement of a land dispute must comprise: a/ The petition for settlement of land dispute; b/ The minutes of working with the disputing parties and related organizations and individuals; minutes of the field inspection of the disputed land; and minutes of conciliation dming the settlement of the dispute; c/ Extracts from the cadastral maps and records made in different periods related to the area of the disputed land and documents as evidence and proof in the process of settlement of the dispute in the locality; d/ The proposal repo1t and draft decision on settlement of the dispute or draft decision on recognition of successful conciliation. 4. The decision on settlement of the land dispute or recognition of successful conciliation shall be sent to the disputing paities and organizations and individuals with related rights and obligations. Article 91. Grounds for settlement of land disputes in case the disputing paities have no papers on land use rights and decisions on settlement of land disputes or decisions on recognition of successful conciliation are enforced 1. The settlement of land disputes in which the disputing paities have no ce1tificate or any of the papers prescribed in Article 100 of the Land Law and Alticle 18 of this Decree shall be based on the following grounds: a/ Evidences on the origin and use process of the land presented by the disputing paities; b/ Actual land areas cmTently used by the paities in addition to the disputed land ai·ea and the average land area per household member in the locality; c/ Confo1mity of the cmTent use status of the disputed land parcel with land use master plans and plans ah-eady approved by competent state agencies; d/ Preferential treatment policies toward persons with meritorious services to the State; dd/ Regulations on land allocation, land lease and land use rights recognition. 2 . Pmsuant to regulations on enforcement of administrative decisions, provincial-level People 's Committees shall detail the enforcement of decisions on settlement of land disputes and decisions on recognition of successful conciliation. Chapter VIII MONITORING AND EVALUATION OF LAND MANAGEMENT AND USE Article 92. Functions of monitoring and evaluation systems © Vietnam Law and Legal F ornm Issue nos 04-06/May 2014 OFFICIAL GAZETTE 81 1. To monitor and review the implementation of the land law; to analyze and evaluate the effectiveness of land management and use and impacts of land policies and law on the economy, society and environment. 2. To receive opinions of organizations and citizens on land management and use and fo1ward them to competent agencies for settlement. 3.To make public info1mation collected from the process ofland management and use, and results of settlement prescribed in Clause 2 of this Alticle on the websites of the monitoring and evaluation systems. 4. To propose amendments and supplements to land policies and law; to devise measures to organize the implementation of land policies and law. Article 93. Principles of designing and operation of monitoring and evaluation systems 1. Monitoring and evaluation systems for land management and use are components of the land info1mation system; are established unifo1mly from the central to local level and publicized on the national inf01mation network in accordance with law. 2. Monitoring and evaluation systems for land management and use must reflect the scale, quality and effectiveness of land management and use; impacts of land policies and law; level of transparency and involvement of the people in the process of land management and use through qualitative and quantitative indicators. Article 94. Provision and reflection of info1mation on land management and use The provision and reflection of info1mation on land management and use must comply with the following provisions: 1. Natural resources and environment agencies shall repo1t and provide fully, accurately, timely and objectively info1mation on land management and use; results of implementation of land management projects to the People's Committees of the same level and higher-level natural resources and environment agencies for updating in the monitoring and evaluation systems. 2. Other related ministries and sectors and provincial-level People 's Committees shall make repo1ts and provide fully, accurately, timely and objectively info1mation relating to land management and use within the scope of their respective management tasks to the Ministry of Natural Resources and Environment. 3. Organizations and individuals shall reflect fully, accurately, timely and objectively information on land management and use to land administration agencies and People 's Committees of all levels for updating in the monitoring and management systems. Article 95. Responsibility for building and operating monitoring and evaluation systems 1. The Ministry of Natural Resources and Environment shall: a/ Design and build the monitoring and evaluation systems for land management and use; manage and operate the monitoring and evaluation system for land management and use ©Vietnam Law and Legal Fomm 82 OFFICIAL GAZETTE lssut> nos 04-06/May 2014 at the central level; and guide the management and operation of the monitoring and evaluation systems for land management and use in localities; b/ Direct and guide the annual evaluation of the land management and use and impacts of land policies and law; c/ Make periodical repo1ts and specialized repo11s on the land management and use and impacts of land policies and law; d/ Promulgate evaluation criteria and processes for the land management and use and impacts ofland policies and law; repo1t fo1ms and repo1ting responsibility of natural resources and environment agencies. 2 . Provincial-level People's Committees shall direct the building and operation of the monitoring and evaluation systems for land management and use in their localities. 3. Local natural resources and environment agencies shall manage and operate the monitoring and evaluation systems for land management and use in their localities; repo1t on the land management and use and impacts ofland policies and law to the People's Committees of the same level and higher-level natural resources and environment agencies upon request. Chapter IX HANDLING OF VIOLATIONS OF THE LAND LAW COMMITTED BY PERSONS ON OFFICIAL DUTY IN THE FIELD OF LAND Article 96. Subjects to be handled 1. Heads of organizations, heads of agencies competent to decide on land management who commit violations of the land law. 2 . Cadres and civil servants of land administration agencies of all levels and cadastral officers of communes, wards and townships who commit violations of regulations on the order and procedures in land administration. 3. Heads of organizations, cadres, civil servants, public employees and staff members of organizations that are allocated land by the State for management falling in the cases prescribed in Clause 1, Alticle 8 of the Land Law who commit violations of the land law related to their allocated land. Article 97. Acts in violation of the land law committed by persons on duty in the field ofland 1. Violations of regulations on administrative bounda1y dossiers and markers include the following acts: a/ Disto1ting the position plans, coordinates table and written records of handover of administrative boundaiy markers; b/ Planting administrative boundaiy markers at wrong positions in the field. 2 . Violations of regulations on land use master plans and plans include the following acts: © Vietnam Law and Legal F ornm Issue nos 04-06/May 2014 OFFICIAL GAZETTE 83 a/ Failing to organize the f01mulation and adjustment of land use master plans and plans in time under regulations; b/ Failing to strictly comply with regulations on public consultation in the process of land use planning; c/ Failing to publicize land use master plans and plans; failing to publicize the adjustment or cancellation of the recove1y or change of pm-pose of land areas indicated in land use plans for which no land recove1y decision is issued or no pe1mission is obtained for land use pmpose change after three years; failing to repo1t on the implementation of land use master plans and plans. 3. Violations of regulations on land allocation, land lease or change of land use pmpose include the following acts: a/ Allocating, re-allocating or leasing land at inconect positions and with inco1Tect areas in the field; b/ Allocating, re-allocating or leasing land or pennitting change of land use pmpose ultra vires, to or for improper subjects, or not in confo1mity with annual district-level land use plans approved by competent state agencies; c/ Re-allocating or leasing land in hi-tech zones, economic zones or civil aiipo1ts or au-fields not in confo1mity with constrnction master plans approved by competent state agencies. 4. Violations of regulations on land recove1y, compensation, suppo1t and resettlement include the following acts: a/ Failing to give prior notice to persons whose land is recovered under Alticle 67 of the Land Law; failing to publicize compensation, support and resettlement plans; b/ Failing to strictly comply with regulations on consultation on compensation, suppo1t and resettlement; c/ Paying compensations to, providing suppo1t and organizing resettlement for, improper subjects or for inconect areas and with inconect compensation, suppo1t and resettlement levels; disto1ting land recove1y dossiers; identifying inconect positions and areas of recovered land in the field; d/ Recovering land ultra vires, from improper subjects; not in confo1mity with land use master plans or plans ah-eady approved by competent state agencies; 5. Violations of regulations on land requisition include the following acts: a/ Paying compensations to improper subjects, for inco1Tect areas, at inconect levels, or not according to compensation time limits, to persons whose land is requisitioned; b/ Requisitioning land not in the cases prescribed in Clause 1, Alticle 72 of the Land Law. 6. Violations of regulations on management ofland allocated by the State for management include the following acts: ©Vietnam Law and Legal Fomm 84 OFFICIAL GAZETTE lssut> nos 04-06/May 2014 al Letting persons, who are allowed by law to temporarily use land, use land for improper purposes; bl Using land for improper purposes; cl Letting land be encroached upon, occupied or appropriated. 7. Violations of regulations on the order and administrative procedures in land management and use include the following acts: a/ Failing to receive complete and valid dossiers, failing to give specific instructions when receiving dossiers, causing troubles to dossier submitters, receiving dossiers without recording in the monitoring register; bl Imposing additional administrative procedures against general regulations, causing troubles to persons requesting perfom1ance of administ:J.·ative procedures; cl Settling administrative procedures not according to the prescribed order, delaying the handing of papers akeady signed by competent agencies to persons requesting perfonnance of administ:J.·ative procedures; di Settling administrative procedures beyond prescribed time limits; dd/ Refusing or failing to perfo1m administ:J.·ative procedures which, under the land law, have all conditions to perfo1m; el Perfo1ming administrative procedures ultra vires; gl Issuing decisions, writing opinions in or certifying dossiers against regulations, causing, or creating conditions for persons requesting perfo1mance of administrative procedures to cause, damage to the State; organizations or citizens; h/ Causing loss of or damage to, or disto1ting, dossiers. Article 98. Application of legal provisions on cadres, civil servants and public employees to handling violations of the land law committed by persons on official duty in the field of law The principles of disciplining, statutes of limitations and time liinits for disciplining, application of disciplinaiy fo1ms, competence to discipline, order and procedures for consideration of disciplining and other issues related to the disciplining of cadres, civil servants and public employees must comply with the laws on cadres, civil servants and public employees. Chapter X IMPLEMENTATION PROVISIONS Article 99. Handling of cases in which land recove1y procedures ai·e being canied out before July 1, 2014 Provincial-level People 's Committees shall scrntinize cases in which land recove1y procedures ai·e being canied 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 recove1y sent to eve1y person whose land is to © Vietnam Law and Legal F ornm Issue nos 04-06/May 2014 OFFICIAL GAZETTE 85 be recovered, or a document permitting the investor to reach agreement with land users within the project's scope before July 7, 20 14, but there is not yet a land recove1y decision, then: a/ The provincial-level People 's Committee shall pennit the continued implementation of the project and apply the fo1m of land recove1y, 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 confo1mable with the annual district-level land use plan ah-eady 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 confo1mable with the approved annual district-level land use plan; c/ In case of implementing a production or business project subject to land recove1y by the State under which the investor is pe1mitted 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 recove1y decision before July 1, 2014, but the enforcement is not organized yet, the land recove1y 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, Aiiicle 64 of the Land Law, and handle as follows: 1. If there is ah-eady a document of a competent agency on this violation before July 1, 2014, but there is not yet a land recove1y decision, the People's Committee of a competent level shall handle under Point i, Clause 1, Aiiicle 64 of the Land Law; the extended duration shall be counted from July 1, 2014. 2. If there is ah-eady a land recove1y 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 Aiticle 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. ©Vietnam Law and Legal Fomm 86 OFFICIAL GAZETTE lssut> nos 04-06/May 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 Janua1y 27, 2006, amending and supplementing a number of aii icles of the Decrees guiding the implementation of the Land Law, and Decree No. l 87 /2004/ND-CP on transfo1mation of state companies into joint-stock compames; c/ The Government's Decree No. 84/2007/ND-CP of May 25, 2007, additionally providing the grant of land use right ce1i i:ficates, land recove1y, exercise of land use rights, order and procedures for compensation, suppo1i and resettlement upon land recove1y 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 recove1y, and compensation, suppo1i and resettlement; dd/ The Government 's Decree No. 88/2009/ND-CP of October 19, 2009, on ce1i i:ficates 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 scmtinize legal documents they have promulgated which are contra1y 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 ofTranspo1i, the Ministry of Home Affairs and other related ministr-ies and sectors, and provincial-level People 's Committees shall guide the aii icles 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. On behalf of the Government Prime Minister NGUYEN TAN DUNG © Vietnam Law and Legal F 01um