Order No. 06/2001/L-CTN on the promulgation of the Law amending and supplementing a number of articles of the Land Law

No. :l2 (31--8--2001) Of/FICTAJ, G1\ZET"l'J., THE STATE PRESIDENT ORDER No. 06/2001/L-CTN OF JULY 12, 2001 ON THE PROMULGATION OF LAW THE STATE PRESIDENT OF THE SOCIALIST REPUBLIC OF VIETNAM Pursuant to Articles 103 and 106 of the 1992 Constitution of the Soda/isl RtjJ11bltc df Vietnam; Pursuant lo Article 78 of the Law on Organizalion of the National Assembly; P11rs 1w'1f to Article 50 of the Law on the Prorl1u/gatioH o fLegal l>ocuments, llEREBY PR OMULGATES: The Law Ambndirtt f!lld Supplementing a Number of Articles ofthG.,Land.Liiw, .. which w.is pilsscd by..t:lie·X th National Assembly of the Socialist Repl,lblic- of Vietnam at its 9th session on June 29, 200L: · ·' Stale Pi-;~~Jdent of the Socialis{Rfr/!uhlic of Vietnam TRAN OIJC LUONG LAW AMENDING AND SUPPLEMENTING A NUMBER OF ARTICLES OF THE LAND LAW (No. 25/2001/QHJ0 of June 29, 2001) Pursuant to the I 99 2 Constitution of the Socialist Republic of Vietnam; This Law amends and .vupp/ements a number (4' articles of the land Law which was passed by the National Assembly o.f the Socialist Republic o.fVietnam on July 14, 1993 and already amended and supplemented by the Law Amending and Supplementing a Number ofArticles of the Land Law passed hy the National Assembly of the Socialist Republic of Vietnam 011 /.)eccmb(T 2, 1998. Artide 1.-To amend, supplcmctlt a number of articles of (he Lmid Law: L Article 12 is amended and supplemented as follows: "Article 12. 1. The Government shall prescribe the price bracket for land of different categories for each region in each period, us well as th·c principles and method for detenninatio11 oflahd pric·es. 2. Based on the Government's stipulations on the price bracket as well as the principles and method for determinmg PnCCs of laiid· 6( ~iffererit categories, the People's Committees of the provihces or centfally•run c:ities shall prescribe land priCes ~\lifed to the practical situation of their respective localities for ·~alculation of land use right transfer ta:x; colleqf money. 1}.pon the land assignment or the change·,of land•\.tse.P.U.tp:osc~ as well as the land rents and regiStratiOh .ffle~ derenhine the property's yalue upon the land. ·as'#gnin~nt and pay compensation whe~ land fo..r~coVet:e~·~y:~e $tate." ' ' 2. Article 16 is aIT1¢nd1.:~t ·~nd. suppl~Cntcd as follows: "Arth:le 16. .1 , The Goven1n1entshall elabprate plamting and plans for the use of laJld ihroughoul the country and submit them to the National Asse1llbly 'for decision. 2. The People's Committees of all levels shall elaborate plannings and plans for the use of land in their respective locali(ics and submit them to the People's Councils of the same level for adoption before they are s~tbmitted to the competent State bodies for approval. 3. The Ministry of Defense and the Ministry of Public Security shall base themselves 011 their tasks and powers to elaborate plannings and plans on tlie use of laud respectively under their managemeJlt and submit them to the Government for approval. 4. The land management bodies at the central level and in localities shall coordinate with the concerned agencies in assisting the Govcrninent and People's Committees of all levels to elaborate land-nse plannings and plans.'' 3, Article 18 is amended and sup11lcmentc1I a.~ follows: "Article 18.- Competence to decide. consider t111(l approve land-use planning and plans: I. The National Assembly shall decide long-tern plmrning and plans on the use ofland 111 the whole country once every 5 years in accordance with the State's 5-yc;:ir plans, which arc submitted by the Government; 2. The Government shall consider and approve land use plannings of the People's Conurtittees of the pr°''inccs or centrally-nm cities; the latter's 5-ycar plans for land use and annual plans on adjustments and supplements thereto; as well as the planning and plans on the use of land fQr def':'11 s~ anrl/or ,;0bidty purposes; 3. The sup1iiof:.P9,ol)Jc's Committees shall consider and approve-the: amfoal ·land-use plannings and plans of the irnmedifttc ~Ubordinate People's Committees; 4. The St~te.·6ody dompetent to decide, consider and approv~·.:U ,.l~ii:ds. Us'e .Pt1hrii'ng or plan shall also be compefo.tlL id permit :the ·Supplement or adjustment thereto.'\''·.····· 4. Ai-ficlc j9 is a~~ndt;d·-·Uuu sµpplcmented as follows:·. · · · · "Article, J.9.:- B1:1ses for de,cidi~g land assignment and land lease: ' ' I. The land:use platmirtgs.and,plails already approved by the competent State·bodieS; 2. The land-use requirement inscribed in the investment projects and designs already ratified or approved in writing by the competent State bodies regarding the location, land area or application for land assignment or land lease." 5. Article 23 is amended and supplemented as follows: /(Article 23.- The competence to assign or lease land for use for purposes other than agricultural production, forestry or salt-making is prescribed as follows: I. 'f11e Government shall decide land assignment in the following cases: a/ Land assignment with the collection of hmd use leyy for the creation of capital for infrastructure construction under pro1ects, No. 32 (:J1•8-21lf)I) b/] ,and assignment for use for defense aml/or security purpOS\;S. 2. The People's Committees of the provmces mid centrnlly-rnn cities shall decide (he a&sign1111.::nl or kase ofland to the following Sttbjcc(s: a/ Organizations using land; b/ Households and mdividuals using land in urban centers and i1mcr provincial towns. 3. The People's Committees of rural districts, provmcial towns or cities shall decide the assignment or lease of land to households·and individuals, except for cases defined at Poiut b, Cl'a,use 2 of this Article." 6. Article 24 is mjw1id,cd .~md supplemented as follows: "Article 24.- The compctCQqe.tc{assign or lease land for use for the purposes 6f agriOUit uial production, forestry or salt-making ii prl:)~ciNeµ aidol,!ows: l The People's CotiiJtlittcP:s,:of th◊, Provinces or centrallyMnm citie~ shall d~i;:i.~~ /h~{~~{i~f[)n 91 1t or lease of land to economic orgamzttttbllS,U§H¼!iJ1.~6d; 2. The p'~~pie•s Co,mmitt~eef',olkiaisfricts, urban districts, pn;ivlneial t(h0i!r ·.O; cifies shall decide the assignment or lease':onandit◊ households and.individuals; I ' , , 3. 1;he Peop16 1s COQuillttees ofco1iui:):µnes, wards or district towns shaif .!ease.Jand"~4tP~·giUg to the public land fund of such tpnun1-1{1es,'wiir"i:1$ of' district towns." 7. Tn sup11Iement Artl~·le.l4a as follows: /(Article 24a: l. The decision .to allow current land users to change tl1e use p tll'poses of agricultural, forestrial, salt-making, residential or Spetial:usc land to other use purposes must be based on land-use plannings and plans already approved by the competent State bodies. 2. The competence to decide permitting the current land users to change the use purposes of agricultural, foresirial, salt-making, residential or special-use land to other use purposes is prescribed as follows: a/ The People's Committees of the provinces or centrally-run cities shall decide to change land-use purposes for economic organizations, households and mdividuals in urban centers and inner provincial towns, b/ The People's Committees of rural districts, No 31 (1J 8-2001) OFFlClAl G/\ll::1--i.·(: provincial towns or cities shall decide to chang,: land use purp0scs for households alll\ indi, 1d.m1\s, except for cases defined at Point a of tlus Clause.·, 8, To supplement Article 24h a~- follom; "Article 2.Jh: l The decision to allow current agricultural land users w110 arc growing wet rice to switch to aquuculhirc or growing of perennial trees or wh.o arc growing -pe.rcimial trees to switch to the growing of aru1i.ial trees, 111ust be based on land-use planning,s an4 plans already approved by the competent State bodies. 2. The co01peten9y. to dccide·.pennitting the current agricultural hind usefr viho Me growing rice to switch to aquaculture or gro\{,ltig of.perennial f..:0s or wh6 «;ts-·· growitlg percimial-.irees to switch ·to the growing of anmia\ trees i:s Jlfe~cribc'd;aifollows: a/ The Beqpfeyis COi:mnittecs of the provinces or centrally-run:·6~ti~s' ~1;-~ii, '.SS~-e decisions for economic organizatiQps:USirtg;,fuO:d; ,' b/ ·n1i}?e1:¥16fs. Corrii:i1ittees of rural distric1s, mban districts, Pr-~--Jfubl~Lfu-~s:~~ cities shi1ll issue decisions for househOid{ji\dJ(iJiVid{1M $. l,lsfug:l~nd." · ' ' ., ' ' '·'.\ .:: . 9. Arti.i;lc-1,7· is anli•lfd'e'tl' iifid si1pplcmented as follows: ', : ' ', ' . . '·. 1. In really neCcss;u:y ¢ases-, -vJhere the State recovers land being used by.: J'aiid ·u sers for I.WC for defense or security purposes, for:'i lational or public interests, the people having land i;~covcred sli.U:11 be entitled to compensation or suppoit.'. '.fhe cOn1pensation or support shall comply with the Govemmerit's stipulations. 2. The State shall agopt policies to stabilize the life of people having !andrceovered. Where people with bnd being recovered have to change their residential places, they may buy State-owned dwelling ·houses or be assigned land \-Vith the collection oflund use levy for the constrnclion of their houses. Where tho compensation plan has been approved by the competent Stale bodies, made public mid come into f-Orce according to law provisions but people with land to be rneO\'ercd dD nDt. execuic i.he hmd-·recovcry decisions, the agencies i~suing snch decis10ns shall have the right lo issue decisions on the coercive execution thereof. Where the Govcrutnent issues decisions on land recovery, the Pc<1ple 's Committees llf the provrnces and cc111rnlly-rnn cities shall issue dec1s1011s on the coercive execution thereof 3. Where a populalion conummity builds projects in sen ice or tlw community's public rntcrests under planmug with capital contributed by people or su11portcd by the State, the compensation or support for people with lam[ used for the construction of pr~jccts shall be agreed upon by the population community and those people." JO. Article 31 is amended and supplemented as follows: "Article 31. I. Procedures for laod use tigh(conversion shall be caJTied out at the comnnYne 'Pedple's Committees, for rnral areas; and at (he PG.ople'$ Con1.mittees of rnrat districts, urba11 districts, provfocj~T towns or cities, for urban areas. ,.'- , ,, " ' 2. Procedures for land use t"igl;lt)i.fl:nsfi$r shall be carried out at tbe People's· Con1mi~&es-~f.hif~( districts, urban disit•icts, provincial toWiis.:9f Wids, , . , ..... " 3. The GOve rn~fe11f $h'hil/ rfttfs',Sf,i·b:e )n detail procedures for tlw fe¥~;;:iJ.lbl.eaSt-alld-inh.eritaf\tC of land use right as well \<ts .. tfa e ': lllortgage of and capital ¢ontribution witl1 th.b liti'4 Use right valwt,'" ''; ',,·, . , '-, --:·:·., 11. Arti!,:le 36 iS amended and sUp,:ilemcnted as follows: · · · "Artic[e . .36.~ i'he'gra nting-·'.of land use nght certificates shall cott4)ly-with. the 'following provisions: J Land use right certificates shall be issued by the central~levcl land mana gement agencies; 2, The People's· Committees of the provinces or centrally-run cities shall grant land·use right certificates to organizations using land and subjects itssigned land under the Government's decisions. The People's Committees of rnral districts, urban districts, provincial tmvns or cities shall grant land use right certificates to households and individuals. 3. 1n cases where a land plot is used jointly by mm1y mdi.Yidnals from different family houscholds or different or3a11iiations, the land use right certificate shall be granted lo each organization, each houSehold or each individual.'' 0FFICII\L GAZFTTJ"t No. ·17. C' 1-X)OIJl) 12, To supplcnwnt Artidc 78g a.~ follom·: "Article 78g Economic organizations, households and indi11iduals that use land and have the right to mortgage the land use 1:igl\t value accrn-d-ing to file provisions of the Lnm\ Law may mortgage or guarantee the land use right vahtc and their OlVU assets affixed to such land at credit mstitutions licensed to operate in Vietnam." 13.- Artie.le 80 is amended and supplementctl as follows: "Article 80. l. The People's Committee.', of the provinces or centrally~run cities",Jhall decide ·to lyase land to 1!1r: following subj~ct~: a/ Forcigi\-'11l?i'r>t\j~tic.inissions, consulates and other representati,'\'.~;~offices with diplomatic functions in Vietnam; · ·· bl Ref~~iPu'f;ti,Y~ Pffices of the lJnited Nat ions' /· ,·, ,··,•~ ' ' orga11i.z'~tiO.it~r'.:lflHr.+iovernmental agencies and organizpJfon, @~;):~l){~se,nt ative offi.ces of inter~ govermwenfati()tg'w:J\;~ti9D$.in Vieµ-tam. , ,. ' . ' {. ' ., 2. The, camPete'bce1 fo' l~ase .land to foreign oiganizai\on.s:' and indi\'iQualS as well as overseas VietnameS~Jlutt tliake invettment in Vietnath ·shall comply witnitti!!:.90:yerun10iifs slipulations. •JH' ,, • ,,.,, . 3. The rightihirid obl i,ga;Hons of foreig,norganiµtions and individuals, ·fute.ntational orgi:mizations and owrscrts Vietnamese tha't are 1~as.od lmtd by-the State shall c6mply with the National Assembly Sttlllding Cominittee's stipulations. Overseas Vietnamese who return home to make long tcnn investment and have dentand for dwcJ1ing houses durit1g their investment in Vietnam; people ,,,ith meritorious services to the couqtry; cultural aoti-vists alld scientists having demand for regular activities i11 Vietnam in service of the cause of national construction; and people having demand for a stable life in Vietnam may buy dwelling houses associated with residential land use nght according to tl1e Government's regulations." 14. The phrase "cconomic~teclmieal study reports" in Article 63 and Clause 2 of Article 81 of the Land Law is replaced by the phrase "investment projects''; the phrases "compensation for damage" i11 Atiiclc 73, <'redemption for damage" i11Art1clc 28 and '·redemption'· in Article 79 of the Limd Law arc replaced b~, the phrnsc ''compensation" Article 2. 1. This Law takes effect as from October l, 2001. 2. The Govcrn111e11l shall amend and supplement legal documents detailing and guiding the implementation of the l,,nnd Luw in complinncc with this Law. 1'his Law was passed hy the X/h National Assembly of the Socialist Rapuh/ic of Vietnam at its 91h session on June 29, 200/. Nation.al Assembly Chairman NGUYEN VAN AN