Land Law No. 45/2013/QH13

4 THE PRESIDENT No. 22/2013/L-CTN OFFICIAL GAZETTE Issue nos 01-04/January 2014 SOCIALIST REPUBLIC OF VIETNAM Independence - Freedom - Happiness Hanoi, December 9, 2013 ORDER on the promulgation of law <•J THE PRESIDENT OF THE SOCIALIST REPUBLIC OF VIETNAM Pursuant to Articles 103 and 106 of the 1992 Constitution of the Socialist Republic ofVi,etnam, which was amended and supplemented under Resolution No. 51/2001/QH10 of December 25, 2001, of the Xth National Assembly, the 10th session; Pursuant to Article 91 of the Law on Organization of the National Assembly; Pursuant to Article 57 of the Law on Promulgation of Legal Documents, PROMULGATES: The Land Law, which was passed on November 29, 2013, by the :xnrh National Assembly of the Socialist Republic of Vietnam at its 6th session. (•J Cong Bao Nos 1011-1012 (31/12/2013) President of the Socialist Republic of Vi,etnam TRUONG TAN SANG © Vietnam Law and Legal F ornm Issue nos 01-04/January 2014 OFFICIAL GAZETTE THE NATIONAL ASSEMBLY SOCIALIST REPUBLIC OF VIETNAM Indepenclence - Freedom - Happiness No. 45/2013/QHB LANDLAW <*J Pursuant to the Constitution of the Sodalist Republic of V,,etnam; The National Assembly promulgates the Land Law. Article l. Scope ofregulation Chapter I GENERAL PROVISIONS 5 This Law presclibes the land ownership, powers and responsibilities of the State in representing the entire-people ownership ofland and uniformly managing land, the land management and use regimes, and the rights and obligations ofland users over the land in the tenito1y of the Socialist Republic of Vietnam. Article 2. Subjects of application 1. State agencies that exercise the powers and perfo1m the responsibilities of the representative of the entire-people ownership of land, and perfo1m the tasks of unifo1m state management of land. 2. Land users. 3. Other subjects involved in land management and use. Article 3. Interpretation oftenns In this Law, the te1ms below are construed as follows: l . Land parcel means a land area delimited by boundaries dete1mined in the field or described in records. 2. Land use master plan means the distlibution and zoning of land by use space to serve the objectives of socio-economic development, national defense, security, enviromnental protection C-J Cong Bao Nos 1011-1012 (31/1212013) ©Vietnam Law and Legal Fo1um 6 OFFICIAL GAZETTE Issue nos 01-04/January 2014 and climate change adaptation based on the land potential and land use demands of all sectors and fields, for each socio-economic region or administrative unit in a given period of time. 3. Land use plan means the division of a land use master plan according to pe1iods of time for implementation dming the peliod of the land use master plan. 4. Cadastral map is a map that shows the land parcels and related geographic elements, and is made according to administrative units of communes, wards or townships, and certified by a competent state agency. S. Current land use map is a map that demonstrates the distribution of various types of land at a specified time, and is made for eve1y administrative unit. 6. Land use master plan map is a map made at the beginning of a planning period, which demonstrates the distribution of various types of land at the end of that planning period. 7. The State allocates land use rights (below refened to as the State allocates land) means that the State issues decisions on land allocation to grant land use rights to subjects having land use demand. 8. The State leases land use rights (below refened to as the State leases land) means that the State decides to grant land use lights to subjects having land use demand under contracts on land use rights lease. 9. The State recognizes land use rights means that the State grants land use lights to a person that is using stably the land not allocated or leased by the State, through the grant of a ce1tificate of land use lights and ownership of houses and other land-attached assets for the first time, for a ce1tain land parcel. 10. Transfer of land use rights means the transfer ofland use rights from one person to another by ways of exchange, transfer, inheritance or donation of land use tights, or cont1ibution of land use rights as capital. 11 . The State recovers land means the State decides to recover land use rights from a person that is granted land use rights by the State, or from a land user that violates the land law. 12. Land compensation means the State retmns the value ofland use rights for the recovered land area to land users. 13 . Remaining land investment costs include costs for ground fill-up and leveling and other directly related costs that can be proved to have been invested in the land and have not been retrieved by the time the State recovers the land. 14. Support upon land recovery by the State means the State provides assistance to those whose land is recovered, in order to stabilize their livelihood, production and development. © Vietnam Law and Legal F ornm Issue nos 01-04/January 2014 OFFICIAL GAZETTE 7 15. Registration of land, houses and other land-attached assets means the declaration and acknowledgement of the legal stah1s ofland use 1ights, ownership of houses and land-attached assets, and the right to manage a ce1tain land parcel, in the cadastral records. 16. Certificate of land use rights and ownersh;p of houses and other land-attached assets is a legal ce1tificate in which the State ce1tifies the lawful land use rights and ownership of houses and land-attached assets of the person who has land use rights and ownership of houses and land-attached assets. 17. Land statistics means that the State, based on the cadastral records, summarizes and reviews the land use stah1s at the time of making statistics, and the land-related changes between two points of time of making statistics. 18. Land inventory means that the State, based on the cadastral records and field findings, investigates, summarizes and reviews the land use stan1s at the time of conducting invento1y, and the land-related changes between the two points of time of conducting invento1y. 19. Land price means the value of land use rights calculated per unit of land area. 20. Value of land use rights means the monetary value ofland use rights over a specified land area during a specified land use tenn. 21. Land use levy means an amount of money that a land user shall pay to the State when being allocated land with land use levy by the State, pem1itted to change the land use purpose, or having land use rights recognized by the State. 22. Land information system means the system consisting of info1mation technology technical infrastmcture, software, data and processes and procedures which are developed to collect, store, update, process, analyze, synthesize and track land infonnation. 23. Land database means a collection of land data that are a1rnnged and organized to serve the access to, use, management and update of, info1mation by electronic devices. 24. Land dispute means a dispute over the rights and obligations of land users among two or more parties in a land relationship. 25. Land destruction means acts that defo1m the land, reduce land quality, pollute the land, negate or reduce the usability of the land according to a detennined purpose. 26. Public non-business unit means an organization established by a competent state agency or by a political organization or a socio-political organization, to provide public se1vices in accordance with law. 27. Economic organization means an enterp1ise, a cooperative or another economic organization as prescribed by the civil law, excluding foreign-invested enterprises. ©Vietnam Law and Legal Fomm 8 OFFICIAL GAZETTE Issue nos 01-04/January 2014 28. Land for construction of underground facilities means a land area used for constrnction of underground facilities that are not pa1ts of works constructed on the ground. 29. Land-using household means those who share a marital, family or foster relationship as presclibed by the maniage and family law, are living together and have joint land use lights at the tim e of being allocated land or leased land, or having land use 1ights recognized by the State; or acquiring land use rights. 30. Household or individual directly engaged in agricultural production means a household or an individual that has been allocated agricultural land, leased agiicultural land, or having agi·iculniral land use lights recognized by the State; or has acquired agiicultural land use 1ights, and generates stable income from agiicultural production on that land. Article 4. Land ownership Land belongs to the entire people with the State acting as the owner's representative and unifomtly managing land. The State shall gi·ant land use 1ights to land users in accordance with this Law. Article 5. Land users Land users may be allocated land or leased land, have land use lights recognized by the State, or acquire land use rights in accordance with this Law, including: 1. Domestic organizations, including state agencies, people's aimed forces units, political organizations, socio-political organizations, economic organizations, socio-politico-professional organizations, social organizations, socio-professional organizations, public non-business organizations, and other organizations as prescribed by the civil law (below refened collectively to as organizations). 2. Domestic households or individuals (below refened collectively to as households or individuals). 3. Communities, including Vietnamese communities residing in the same village, street qua1ter or similar residential area sharing the same customs and practices or the same family line. 4. Religious institutions, including pagodas, churches, oratolies, chancels, monasteries, abbeys, religious schools, head offices of religious organizations, and other religious instin1tions. 5. Foreign organizations with diplomatic functions, including diplomatic representative missions, consulates, other foreign representative agencies with diplomatic functions recognized by the Vietnamese Government, representative missions of organizations of the United Nations, inter-governmental agencies or organizations, and representative missions of inter-governmental organizations. © Vietnam Law and Legal F ornm Issue nos 01-04/January 2014 OFFICIAL GAZETTE 9 6. Overseas Vietnamese as presclibed by the nationality law. 7. Foreign-invested enterplises, including 100% foreign-invested enterp1ises, joint-vennire enterp1ises, Vietnamese enterplises in which foreign investors purchase shares, merge or acquire in accordance with investment law. Article 6. Land use principles 1. Compliance with land use master plans and plans, and use for proper purposes. 2. Economy, effectiveness, environmental protection, and causing no harm to the legitimate interests of adjacent land users. 3. Land users may exercise their rights and pe1fo1m their obligations within the land use te1m in accordance with this Law and other relevant laws. Article 7. Persons taking responsibility before the State for land use 1. The head of an organization, a foreign organization with diplomatic functions, or a foreign invested enterprise, is responsible for the land use by his/her organization. 2. The chairperson of the People's Committee of a commune, ward or township is responsible for the use of agriculn1ral land for public purposes; the use of non-agricultural land which is allocated to the People's Committee of the commune, ward or township (below refened to as commune-level People's Committee) for the purpose of constrnction of the People's Committee offices, public facilities used for culnire, education, health, physical training and sports, entertainment, recreation, markets, cemeteries, graveyards and other public facilities in the locality. 3. The representative of a community who is the head of a village or street quarter, or the person appointed by a community, is responsible for the use of the allocated or recognized land of the community. 4. The head of a religious institution is responsible for the use ofland allocated to the religious institution. 5. The head of a household is responsible for the land use by the household. 6. Individuals and overseas Vietnamese are responsible for the use of their own land. 7. The person who shares, or represents a group sharing, land use lights, is responsible for the use of that land. ©Vietnam Law and Legal Fomm 10 OFFICIAL GAZETTE Issue nos 01-04/January 2014 Article 8. Persons taking responsibility before the State for the management of allocated land 1. The head of an organization is responsible for land management in the following cases: a/ Organizations assigned to manage public facilities , including roads, bridges, culve1ts, sidewalks, water supply and drainage systems, iITigation systems, dikes and dams; squares, stan1es and monuments, and memorial stela; b/ Economic organizations assigned to manage land used for investment projects in the fonn of build- transfer (BT) and other fom1s prescribed by the investment law; c/ Organizations assigned to manage land with water surface of rivers and land with special use water surface; d/ Organizations assigned to manage the land fund recovered under decisions of competent state agencies. 2. The chafrperson of a commune-level People's Committee is responsible for the management of land used for public purposes and land that has not been allocated or leased in the locality. 3. The chairperson of a People's Committee of a province or centrally rnn city is responsible for the management of unused land on uninhabited islands in the locality. 4. The representative of a community is responsible for land allocated to the community for management. Article 9. Encouragement of investment in land The State shall promulgate policies to encourage land users to invest labor, materials and capital in, and apply scientific and technological achievements to, the following activities: 1. Land protection, improvement and fe1tilization. 2. Reclamation of waste and unused land, seaward encroachment, use of empty land, bare hills and unused land with water surface in accordance with land use master plans and plans. 3. Development of infrastrncture to increase added value for land. Article 10. Land classification Depending on land use purpose, land is classified into the following types: 1. Agriculniral land, including: a/ Land for cultivation of annual crops, including paddy land and land for cultivation of other annual crops; © Vietnam Law and Legal F 01um Issue nos 01-04/January 2014 OFFICIAL GAZETTE b/ Land for cultivation of perennial trees; c/ Land for production forests ; d/ Land for protection forests ; dd/ Land for special-use forests; e/ Land for aquaculnire; g/ Land for salt production; 11 h/ Other agriculniral land, including land used to build greenhouses and other building types for cultivation purpose, including fanning not directly on the land, or to build breeding facilities for cattle, poultry and other animals as pennitted by law; land for cultivation, breeding and aquaculnire for the purpose ofleaming, research or experimentation; land for planting and nursing seedlings and breeders, and land for growing flowers and ornamental plants. 2. Non-agriculniral land, including: a/ Residential land, including rnral residential land and urban residential land; b/ Land for constrnction of offices; c/ Land for national defense or security purpose; d/ Land for const:rnction of non-business facilities, including land for constrnction of offices of non-business organizations; land for constrnction of culniral, social, health, education and training, physical training and spo11s, science and technology, and diplomatic facilities and other non-business facilities; dd/ Land for non-agricultural production and business, including land for industrial parks, industrial clusters, expo1t processing zones; land for trading and service; land of non-agriculniral production establishments; land used for mining activities; and land for production of building matelials, and potte1y; e/ Land used for public purposes, including land used for transport (including airports, airfields, inland waterway po1ts, maritime po1ts, rail system, road system and other transport facilities); iITigation; land with histolical-cultural relics or scenic spots; land for community activities or public entertaimnent and recreation; land for energy facilities; land for post and telecommunications facilities; land for markets; land for waste dumping and treatment, and land for other public facilities; g/ Land used by religious institutions; h/ Land used for cemeteries, graveyards, funeral service centers and cremation centers; i/ Land with rivers, streams, canals, springs and special-use water surface; ©Vietnam Law and Legal Fornm 12 OFFICIAL GAZETTE Issue nos 01-04/January 2014 k/ Other non-agricultural land, including land for motels, tents and camps for workers in production establishments; land for warehouses and houses to store ag1icultural products, plant protection mugs, fe1tilizers , machinery and tools for agricultural use, and land for other buildings of land users which are used for non-commercial purposes and not attached to residential land. 3. Unused land, including land of types for which land use purposes have not been detem1ined yet. Article 11. Bases for detem1ining land types The detennination of a land type must be based on the following: 1. The ce1tificate of land use rights, or ce1tificate of house ownership and residential land use rights which is granted before December 10, 2009; and the ce1tificate of land use rights and ownership of houses and other land-attached assets. 2. Papers on land use rights prescribed in Clauses 1, 2 and 3, Alticle 100 of this Law, for the cases in which the ce1tificates mentioned in Clause 1 of this Alticle have not been granted. 3. Decisions on land allocation, land lease or pe1mission for change ofland use purpose issued by competent state agencies, for the cases in which the ce1tificates mentioned in Clause 1 of this Alticle have not been granted. 4. For the cases in which papers prescribed in Clauses 1, 2 and 3 ofthisAiticle are not available, the dete1mination of land type must comply with the Government's regulations. Article 12. Prohibited acts 1. Encroaching, occupying or destroying land. 2. Violating publicized land use master plans and plans. 3. Failing to use land, or using land for improper purposes. 4. Failing to comply with law when exercising the rights ofland users. 5. Acquiring agriculniral land use rights exceeding the quota set for households and individuals as prescribed by this Law. 6. Failing to register with competent state agencies when using land or making transactions of land use rights. 7. Failing to perfo1m or fully perfo1m financial obligations toward the State. 8. Abusing positions and powers to act against land management regulations. © Vietnam Law and Legal F 01um Issue nos 01-04/January 2014 OFFICIAL GAZETTE 13 9. Failing to provide land info1mation or providing incon-ect land info1mation as prescribed by law. 10. Obstructing, or causing difficulties to, the exercise of the rights ofland users as prescribed by law. Chapter II RIGHTS AND OBLIGATIONS OF THE STATE OVER LAND Section 1 RIGHTS OF THE STATE OVER LAND Article 13. Rights of the representative of the land owner 1. To decide on land use master plans and plans. 2. To decide on land use purposes. 3. To prescribe land use quotas and land use te1ms. 4. To decide on land recove1y and land requisition. 5. To decide on land prices. 6. To decide on grant of land use rights to land users. 7. To decide on financial policies on land. 8. To prescribe the rights and obligations of land users. Article 14. The State shall decide on land use pmposes The State shall decide on land use pmposes through land use master plan and plans, and pe1mit the change of land use pmposes. Article 15. The State shall prescribe land use quotas and land use te1ms 1. The State shall prescribe land use quotas, including allocation quotas for agiicultural land, allocation quotas for residential land, recognition quotas for residential land use rights, and quotas for acquisition of agi·icultural land use rights. 2. The State shall prescribe land use tenns of the following fo1ms : a/ Long and stable land use te1m; b/ Definite land use tenn. ©Vietnam Law and Legal Fomm 14 OFFICIAL GAZETTE Issue nos 01-04/January 2014 Article 16. The State shall decide on land recove1y or requisition 1. The State shall decide to recover land in the following cases: a/ For the purpose of national defense or secmity; socio-economic development in the national or public interest; b/ Due to violations of the land law; c/ Due to te1mination ofland use in accordance with law, voluntaiy return ofland, or the risk of threatening human life. 2. The State shall decide to requisition land in case of extreme necessity to perfo1m national defense and security tasks, or in the state of war or a state of emergency, or to prevent and combat natural disasters. Article 17. The State shall grant land use lights to land users The State shall grant land use rights to land users in the following fotms: 1. Decision on allocation of land without land use levy, and allocation of land with land use levy. 2. Decision on lease ofland with annual rental payment, and lease ofland with one-off rental payment for the entire lease period. 3. Recognition of land use rights. Article 18. The State shall decide on land prices 1. The State shall prescribe the principles and methods for land valuation. 2. The State shall promulgate land price brackets and tables, and decide on specific land piices. Article 19. The State shall decide on financial policies on lai1d 1. The State shall decide on policies on financial collection and spending related to land. 2. The State shall prescribe the added value from land which does not originate from land user's investment through tax polices, land use levy, land rental, investments in infrastmcture, and suppo1t policies for those whose land is recovered. Article 20. The State shall prescribe the rights and obligations of land users The State shall presciibe the rights and obligations of land users in confo1mity with the fonns of land allocation, land lease, recognition of land use rights, land use 01igin and financial obligations of land users. © Vietnam Law and Legal F omm Issue nos 01-04/January 2014 OFFICIAL GAZETTE 15 Article 21. Exercise of the rights of the land owner representative 1. The National Assembly shall promulgate laws and resolutions on land; decide on national land use master plans and plans; and exercise the power of supreme oversight ofland management and use nationwide. 2. People's Councils at all levels shall exercise the right to adopt local land use master plans and plans before submitting them to competent agencies for approval; to adopt land price tables and approve land recove1y to implement socio-economic development projects in the national or public interest in their localities, according to their competence prescribed in this Law; and to oversee the implementation of the land law in their localities. 3. The Government and People's Committees at all levels shall exercise the rights of the land owner representative according to their competence prescribed in this Law. Section 2 RESPONSIBILITIES OF THE STATE FOR LAND Article 22. Contents of state management of land 1. Promulgating legal documents on land management and use and organizing the implementation thereof. 2. Dete1mining administrative boundaries, compiling and managing administrative bounda1y records and making administrative maps. 3. Surveying, measming, making cadastral maps, cunent land use maps and land use planning maps; surveying and assessing land resources; and surveying for land pricing. 4. Managing land use master plans and plans. 5. Managing land allocation, land lease, land recove1y and change of land use purposes. 6. Managing compensation, suppo1t and resettlement upon land recove1y. 7. Registering land use rights, compiling and managing cadastral records, and granting certificates of land use rights and ownership of houses and other land-attached assets. 8. Making land statistics and canying out land inventories. 9. Developing the land inf 01mation system. 10. Managing land-related finance and land prices. ©Vietnam Law and Legal Fo1um 16 OFFICIAL GAZETTE Issue nos 01-04/J anuary 2014 11. Managing and supervising the exercise of rights and perfo1mance of obligations by land users. 12. Inspecting, examining, supervising, monitoring and assessing the observance of the land law, and handling violations of the land law. 13. Disseminating and educating about the land law. 14. Settling land-related disputes; settling complaints and denunciations related to land management and use. 15. Managing land-related services. Article 23. Responsibilities of state management of land 1. The Government shall perfo1m the unified state management of land nationwide. 2. The Ministiy of Naniral Resources and Enviromnent shall take responsibility before the Government for the unified state management of land. Related ministries and ministerial-level agencies shall, within the ambit of their respective tasks and powers, assist the Government in perfonning the state management of land. 3. People's Committees at all levels shall pe1fo1m the state management of land in their localities according to their competence prescribed in this Law. Article 24. Land administration agencies 1. The system ofland administration agencies shall be organized unifo1mly from central level to local level. 2. The land administi·ation agency at the central level is the Minist1y of Natural Resources and Enviromnent. Land ad1ninist1·ation agencies at the local level shall be set up in provinces and centrally rnn cities and in districts, towns and provincial cities; land-related public service organizations shall be set up and operate in accordance with the Government's regulations. Article 25. Cadastral civil servants in communes, wards and townships 1. Communes, wards and townships must have civil servants perfo1ming cadasti·al work in accordance with the Law on Cadres and Civil Servants. 2. Cadastral civil servants in communes, wards and townships shall assist commune-level People's Committees in local land management. © Vietnam Law and Legal F ornm Issue nos 01-04/January 2014 OFFICIAL GAZETTE 17 Article 26. The State's guarantee for land users 1. Guarantee of the lawful 1ights to use land and land-attached assets of land users. 2. Grant of the ce1tificates ofland use rights and ownership of houses and other land-attached assets to land users who are eligible as prescribed by law. 3. When their land is recovered by the State for national defense or security purpose; or for socio-economic development in the national or public interest, land users are entitled to compensation, suppo1t and resettlement in accordance with law. 4. Adoption of policies in the fo1m of vocational training, change of occupation and facilitation of job seeking for those who are directly engaged in agiiculture, forest1y, aquaculture or salt production and lack land for production due to land use restmcturing or economic restmcniring. 5. The State does not recognize the reclaim of land which has been allocated to others in accordance with the State's regulations in the process of implementing the land policy of the State of the Democratic Republic of Vietnam, the Provisional Revolutionaiy Government of the Republic of South Vietnam and the State of the Socialist Republic of Vietnam. Article 27. Responsibilities of the State for residential and agricultural land for ethnic minorities 1. To adopt policies on residential land and land for community activities for ethnic minorities in confonnity with their customs, practices and cultural identities and the practical conditions of each region; 2. To adopt policies to help ethnic minorities who ai·e directly engaged in agi·iculniral production in mral areas have land for agi·iculniral production. Article 28. Responsibilities of the State for the creation and provision of land info1mation 1. To develop and manage the land infonnation system and guarantee the right to access to the land info1mation system for organizations and individuals. 2. To promptly publicize available infonnation in the land infonnation system for organizations and individuals, except confidential infonnation as prescribed by law. 3. To notify administrative decisions and acts in the field ofland administration to organizations and individuals whose lawful rights and interests are affected. 4. Competent state agencies and persons in land administration and use shall create conditions and provide land infonnation for organizations and individuals in accordance with law. ©Vietnam Law and Legal Fomm 18 OFFICIAL GAZETTE Issue nos 01-04/January 2014 Chapter III ADMINISTRATIVE BOUNDARIES AND BASE INVESTIGATION ON LAND Section 1 ADMINISTRATIVE BOUNDARIES Article 29. Administrative boundaries 1. The Government shall direct the identification of administrative boundaries and the compilation and management of administrative boundary records at all levels throughout the countiy. The Minister of Home Affairs shall prescribe the order and procedures for identification of administrative boundaries and the management of boundary landmarks and administrative boundary records at all levels. The Minister of Natural Resources and Environment shall prescribe the techniques and economic-technical specifications for placing administrative boundary landmarks and compiling administrative boundary records at all levels. 2. People's Committees at all levels shall organize the identification of administrative boundaries in the field and compilation of administrative boundary records in their respective localities. Commune-level People's Committees shall manage administi·ative boundary landmarks in the field in their respective localities. If the administrative boundary landmarks are lost, moved or damaged, commune-level People's Committees shall promptly report this to the People's Committees of districts, towns or provincial cities (below refened to as district-level People's Committee). 3. The ad1ninistrative boundary records include paper and electi·onic documents showing info1mation on the establishment and adjustment of an adlninisti·ative unit and boundary landmar-ks and boundary lines of that administrative unit. The superior People's Committee shall certify the administi·ative boundary records of the immediate subordinate level. The Minist1y of Home Affairs shall certify the administrative boundary records of provinces and centi·ally rnn cities. The administrative boundary records of a level shall be archived at the People's Committee of such level, the superior People's Committee, the Ministiy of Home Affairs and the Minist1y of Natural Resources and Environment. © Vietnam Law and Legal F ornm Issue nos 01-04/January 2014 OFFICIAL GAZETTE 19 4. Disputes over administrative boundaries among administrative units shall be settled by the People's Collllllittees of such administrative units through their coordination. If no agreement can be reached or the results lead to changes in administrative boundaiies, the settlement competence is provided as follows: a/ If the dispute is related to the boundaries of provinces or centrally nm cities, the Government shall submit it to the National Assembly for decision; b/ If the dispute is related to the boundai·ies of districts, towns or provincial cities or com1mmes, wai·ds or townships, the Government shall sub1nit it to the National Assembly Standing Committee for decision. The Minist1y of Natural Resources and Environment, the land administr·ation agencies of provinces and centrally rnn cities and the land administr·ation agencies of distlicts, towns and provincial cities shall provide necessary documents and coordinate with competent state agencies in settling land disputes over administrative boundaries. Article 30. Administrative maps 1. The administr·ative maps of a locality must be made based on the administr·ative bounda1y maps of such locality. 2. The making of administrative maps must comply with the following provisions: a/ The Ministry ofN atural Resources and Enviromnent shall provide directions and guidelines for making administr·ative maps of all levels nationwide and organize the making of ad1ninistr·ative maps for the whole count1y and provinces and centrally rnn cities; b/ The People's Committees of provinces and centrally rnn cities (below refened to as provincial-level People's Committee) shall organize the making of administrative maps of districts, towns and provincial cities. Section 2 BASE INVESTIGATION OF LAND Article 31. Making and adjustment of cadastr·al maps 1. The survey for the establishment of cadastr·al maps must be conducted for each land parcel in each administrative unit of commune, ward or township. 2. The adjustment of cadastr·al maps is made when there are changes in shape, dimension, area of the land parcel or other factors related to the contents of cadastr·al maps. ©Vietnam Law and Legal Fomm 20 OFFICIAL GAZETTE Issue nos 01-04/January 2014 3. The Minister of Natural Resources and Environment shall prescribe the making, adjustment and management of cadastral maps for the whole country and conditions for practicing cadastral survey. 4. Provincial-level People's Committees shall organize the making, adjustment and management of cadastral maps in their respective localities. Article 32. Investigation and assessment of land 1. Investigation and assessment of land include the following activities: a/ Investigating and assessing land quality and potential; b/ Investigating and assessing land degradation and pollution; c/ Investigating and classifying agricultural land; di Making land statistics and conducting land invento1y; dd/ Investigating and making statistics on land prices; monitoring land price changes; e/ Establishing and maintaining observation and supervision systems for land resources. 2. Investigation and assessment of land include the following contents: a/ Sampling, analyzing and making statistics on observation data of, land; b/ Making maps on land quality, land potential, land degradation, land pollution, classification of agricultural land, and land prices; c/ Making assessment reports on land quality, land potential, land degradation, land pollution, classification of agricultural land, and land prices; d/ Making reports on land statistics and land invento1y, cunent land use maps, and reports on land price and changes in land prices. Article 33. Organization of land investigation and assessment 1. The Minist1y of Natural Resources and Enviromnent shall: a/ Organize, and publicize results of, investigation and assessment of land for the whole countiy and all regions once eve1y 5 years and for each theme; b/ Direct the investigation and assessment of land for provinces and centi·ally rnn cities; c/ Summarize and publish results of investigation and assessment of land for the whole countiy. © Vietnam Law and Legal F ornm Issue nos 01-04/January 2014 OFFICIAL GAZETTE 21 2. Provincial-level People's Committees shall organize, and publicize results of, investigation and assessment ofland of their respective localities, and send the results to the Ministry ofNatural Resources and Environment for summarization. 3. The Minister of Natural Resources and Environment shall prescribe the land investigation and assessment and conditions on the capacity of units which conduct land investigation and assessment. Article 34. Land statistics and inventolies and the making of ctment land use maps 1. Land statistics and inventolies include peliodical land statistics and inventolies and thematic land inventories. 2. Periodical land statistics must be made and land inventolies must be conducted according to the following provisions: a/ Land statistics are made and land inventories aJe conducted for administr·ative units of communes, wards and townships; b/ Land statistics are made once a yeaJ, except the year when land invent01y is conducted; c/ Land invento1y is conducted once eve1y 5 years. 3. The cunent land use map must be made once eve1y 5 yeaJs in connection with land invento1y as prescribed in Clause 2 of this Alticle. 4. Thematic land inventories serving the state management of land must be conducted under decisions of the Plime Minister or the Minister of Natural Resources and Enviromnent. 5. Responsibilities for making land statistics and conducting land inventories and making cunent land use map aJe prescribed as follows : a/ The People's Com1nittees at all levels shall make land statistics and conduct land inventolies and make cunent land use maps of their respective localities; b/ The People's Committees at commune and distr·ict levels shall report the results of land statistics and inventories and the making of cunent land use maps of their respective localities to their immediate superior People's Committees. Provincial-level People's Committees shall repo1t the results of land statistics and inventories and the making of cunent land use maps of their respective localities to the Ministry of Natural Resources and Environment; c/ The Ministry of National Defense and the Minist1y of Public Security shall assume the prime responsibility for, and coordinate with provincial-level People's Committees in, making statistics and conducting inventories on land used for national defense or secmity purpose, and send reports on their results to the Ministry of Natural Resources and Enviromnent; ©Vietnam Law and Legal Fomm 22 OFFICIAL GAZETTE Issue nos 01-04/January 2014 di The Ministiy of N antral Resources and Environment shall summaiize and repo1t to the Prime Minister and publicize the results of annual land statistics and 5-year land inventories for the whole count1y. 6. The Minister of Natural Resources and Environment shall detail the making ofland statistics, conducting of land inventories and making of cmTent land use maps. Chapter IV LAND USE MASTER PLANS AND PLANS Article 35. Principles of fo1mulation of land use master plans and plans 1. To confo1m with strategies, master plans and plans on socio-economic development, national defense and security. 2. To be fo1mulated from the master level to detailed level. The land use master plan of the subordinate level must confonn with the land use master plan of the superior level; and the land use plans must confo1m with the land use master plan approved by competent state agencies. The national land use master plan must take into account specific characte1istics and linkages of the socio-economic regions; and the district-level land use master plans must demonstrate the contents of the commune-level land use. 3. To use land economically and efficiently. 4. To exploit natural resources reasonably together with environmental protection and climate change adaptation. 5. To protect and embellish culniral-historical relics and scenic spots. 6. To be democratic and public. 7. To ensure priority for using the land fund for the purposes of national defense and security, serving national and public interests, food security and environmental protection. 8. Master plans and plans of the sectors and localities that use land must confonn with the land use master plans and plans already decided or approved by competent state agencies. Article 36. System of land use master plans and plans 1. National land use master plans and plans. 2. Provincial-level land use master plans and plans. 3. Disti·ict-level land use master plans and plans. © Vietnam Law and Legal F ornm Issue nos 01-04/January 2014 OFFICIAL GAZETTE 23 4. Land use master plans and plans for national defense. 5. Land use master plans and plans for security. Article 37. Pe1iods ofland use master plans and plans 1. The period of land use master plans is 10 years. 2. The period of land use plans at the national and provincial levels and for national defense and security is 5 years. District-level land use plans must be made eve1y year. Article 38. National land use master plan and plan 1. The national land use master plan must be fo1mulated based on: a/ National strategies for socio-economic development, national defense and security; master plans on the development of socio-economic regions; and strategies and master plans for development of sectors; b/ Natural and socio-economic conditions; c/ Cunent land use status, land potential and results of implementation of the national land use master plan in the previous period; di Land use demands of all sectors and fields; ddl Scientific and technological advances related to land use. 2. The national land use master plan includes the following contents: a/ Orientation for land use in 10 years; b/ Dete1mination ofland use targets for agricultural land, non-agricultural land, unused land, including the dete1mination of the areas of paddy land, land used only for wet rice fanning, land for protection forest, land for special-use forest, land for production forest, land for aquaculture, land for salt production, land for national defense or security purpose, land for industrial parks, land for expo1t processing zones, land for hi-tech zones, land for economic zones, land for national infrastmcture development, land for cultural-historic relics and scenic spots, urban land and land for waste dumping and treatment; c/ Dete1mination of the areas of the land types specified at Point b, Clause 2 of this A1ticle in the planning period for each provincial-level administrative unit and each socio-economic region; di The land use master plan maps at the national level and of socio-econo1nic regions; ddl Solutions for implementation of the land use master plan. ©Vietnam Law and Legal Fo1um 24 OFFICIAL GAZETTE 3. The national land use plan must be fo1mulated based on: a/ The national land use master plan; Issue nos 01-04/January 2014 b/ The 5-year and annual socio-economic development plans of the whole cotmt1y; c/ Land use demands in 5 years of all sectors and fields; d/ Results of implementation of the national land use plan in the previous period; dd/ Ability to invest and mobilize resources for implementing the land use plan. 4. The national land use plan includes the following contents: a/ Analysis and evaluation of the implementation of the national land use plan in the previous period; b/ Dete1mination of the areas of the land types specified at Point b, Clause 2 of this Article in the 5-year land use plan; c/ The 5-year land use plans for each provincial-level administrative unit and each socio economic region; d/ Solutions for implementation of the land use plan. Article 39. Provincial-level land use master plans and plans 1. A provincial-level land use master plan must be fo1mulated based on: a/ The national land use master plan; b/ The master plans for socio-economic development of the socio-economic region and the province or centrally mn city; the strategies and master plans for development of sectors and fields; c/ Natural and socio-economic conditions of the province or centrally mn city; d/ Cunent land use status, land potential and results of implementation of the provincial-level land use master plan in the previous peliod; dd/ Land use demands of all sectors and fields and of the province; e/ Land use quotas; g/ Scientific and technological advances related to land use. 2. A provincial-level land use master plan has the following contents: a/ Orientation for land use in 10 years; b/ Detennination of the areas of the land types ah-eady allocated in the national land use master plan and the areas of the land types in accordance with provincial-level land use demands; © Vietnam Law and Legal F omm Issue nos 01-04/January 2014 OFFICIAL GAZETTE 25 c/ Determination of land use zones by land use function; di Determination of the areas of the land types specified at Point b of this Clause for each district-level administrative unit; ddl The provincial-level land use master plan map; e/ Solutions for implementation of the land use master plan. 3. The provincial-level land use plans must be fo1mulated based on: a/ The national 5-year land use plan; the provincial-level land use master plan; b/ The provincial-level 5-year and annual socio-economic development plans; c/ Land use demands in 5 years of all sectors and fields and the province; di Results of implementation of the provincial-level land use plan in the previous peliod; ddl Ability to invest and mobilize resources for implementing the land use plan. 4. A provincial-level land use plan has the following contents: a/ Analysis and evaluation of the implementation of the provincial-level land use plan in the previous peliod; b/ Dete1mination of the areas of the land types specified at Point b, Clause 2 of this Alticle in the land use plan peliod for each year and each distlict-level administrative unit; c/ Dete1mination of the areas of the land types for which land use purposes need to be changed as presclibed at Points a, b, c, d and e, Clause 1, A1ticle 57 of this Law in the land use plan period for each year and each district-level administrative unit; di Detennination of the areas and locations of national and provincial-level constrnction works and projects which use land for the purposes prescribed in Alticles 61 and 62 of this Law in the land use plan period for each year and each district-level administrative unit. For projects on technical infrastrncnire, constrnction, improvement of urban centers and rnral residential areas, the dete1mination oflocations and areas of recovered land areas in the adjacent areas must be conducted simultaneously in order to put land use lights up for auction to implement housing, trading, service, production and business projects; ddl The provincial-level land use plan map; e/ Solutions for implementation of the land use plan. Article 40. District-level land use master plans and plans 1. A district-level land use master plan must be fo1mulated based on: a/ The provincial-level land use master plan; © Vietnam Law and Legal F 01um 26 OFFICIAL GAZETTE Issue nos 01-04/January 2014 b/ The master plans for socio-economic development of the province and distlict; c/ Naniral and socio-economic conditions of the district, town or provincial city; di The cmTent land use stan1s, land potential and results of implementation of the previous district-level land use master plan; ddl Land use demands of all sectors and fields, the distlict and communes; e/ Land use quotas; g/ Scientific and technological advances related to land use. 2. A distiict-level land use master plan has the following contents: a/ Orientation for land use in 10 years; b/ Dete1mination of the areas of the land types already allocated in the provincial-level land use master plan and the areas of land types in accordance with land use demands of the district and communes; c/ Dete1mination ofland use zones by land use function for each commune-level administi·ative unit; di Dete1mination of the areas of land types prescribed at Point b of this Clause for each commune-level administi·ative unit; ddl The disti·ict-level land use planning map in which the zones already planned for paddy land and for changes of land use purposes as prescribed at Points a, b, c, d and e, Clause 1, Article 57 ofthis Law must be demonsti·ated in detail for each commune-level administi·ative unit; el Solutions for implementation of the land use master plan. 3. A distiict-level annual land use plan must be fo1mulated based on: a/ The provincial-level land use plan; b/ The district-level land use master plan; c/ Land use demands in the planning year of all sectors, fields and levels; di Ability to invest and mobilize resources for implementing the land use plan. 4. A distiict-level annual land use plan has the following contents: a/ Analysis and evaluation on the implementation of the land use plan in the previous year; b/ Dete1mination of the areas of the land types already allocated in the provincial-level land use plan and the area of land types in accordance with land use demands of the disti·ict and communes in the planning year; © Vietnam Law and Legal F ornm Issue nos 01-04/January 2014 OFFICIAL GAZETTE 27 c/ Determination of the areas and locations ofland to be recovered to implement constrnction works and projects which use land for the purposes prescdbed in Articles 61 and 62 of this Law in the planning year for each commune-level administrative unit. For the projects on technical infrastrncture, constrnction, improvement of urban centers and rnral residential areas, the dete1mination of locations and areas of the recovered land in the adjacent area must be conducted simultaneously in order to put up land use rights for auction to implement housing, trading, se1vice, production and business projects; di Dete1mination of the areas of land types of which land use purposes need to be changed as prescdbed at Points a, b, c, d and e, Clause 1, Alticle 57 ofthis Law in the planning year and for each commune-level administrative unit; ddl District-level annual land use plan map; e/ Solutions for implementation of the land use plan. 5. Urban districts of which the urban master plans have been approved by competent state agencies shall fo1mulate annual land use plans, but not land use master plans; in case the urban master plan of an urban district is inconsistent with the area allocated in the provincial-level land use master plan, it must be adjusted in accordance with the provincial-level land use master plan. Article 41. Land use master plans and plans for national defense or secmity purpose 1. A land use master plan for national defense or security purpose must be fo1m ulated based on: a/ The national land use master plan; b/ Strategies for socio-economic development, national defense and security and master plans for the development of socio-economic regions; c/ Natural and socio-economic conditions; di The cunent land use status, land potential and results of implementation of the land use master plan for national defense or security purpose in the previous period; ddl The land use demands for national defense or security; e/ Land use quotas; g/ Scientific and technological advances related to land use. 2. A land use master plan for national defense or secmity purpose has the following contents: a/ Orientation for land use for national defense or security purpose; © Vietnam Law and Legal F 01um 28 OFFICIAL GAZETTE Issue nos 01-04/January 2014 b/ Detemlination ofland use demands for national defense or secmity purpose in the planning petiod in accordance with the master plan for socio-economic development, national defense and secmity and national plan for socio-economic development; c/ Determination of the locations and areas ofland for national defense or security pmpose which may be re-allocated to localities for management and use for socio-economic development; d/ Solutions for implementation of the land use master plan for national defense or secmity pmpose. 3. A land use plan for national defense or security purpose must be fo1mulated based on: a/ The national 5-year land use plan and the land use master plan for national defense or secmity purpose; b/ The land use demands in 5 years for national defense or security pmpose; c/ Results of implementation of the land use plan for national defense or security pmpose in the previous petiod; d/ Ability to invest and mobilize resources for implementing the land use plan for national defense or security purpose. 4. A land use plan for national defense or security purpose has the following contents: a/ Analysis and evaluation of the implementation of the land use plan for national defense or secmity purpose in the previous period; b/ Dete1mination of the locations and areas of land which shall be used for national defense or security pmpose in the 5-year land use plan for each year; c/ Dete1mination in detail of the locations and areas of land for national defense or secmity pmpose wllich may be re-allocated to localities in the 5-year period; d/ Solutions for implementation of the land use plan for national defense or security pmpose. Article 42. Responsibilities for fonnulating land use master plans and plans 1. The Government shall organize the fo1mulation of national land use master plans and plans. The Ministiy of N aniral Resources and Environment shall assume the prime responsibility for assisting the Government in fonnulating national land use master plans and plans. 2. Provincial-level People's Committees shall organize the fonnulation of provincial- level land use master plans and plans. District-level People's Committees shall organize the development of disti·ict-level land use master plans and plans. © Vietnam Law and Legal F ornm Issue nos 01-04/January 2014 OFFICIAL GAZETTE 29 Provincial- and district-level land administration agencies shall assume the pdme responsibility for assisting their respective People 's Committees in the fonnulation of land use master plans and plans. 3. The Ministry of National Defense shall organize the formulation ofland use master plans and plans for national defense. The Ministry of Public Security shall organize the fo1mulation of land use master plans and plans for security. 4. The Government shall detail this Alticle. Article 43. Consultations on land use master plan and plans 1. The agencies which organize the fo1mulation ofland use master plan and plans as prescdbed in Clauses 1 and 2, Alticle 42 of this Law shall organize consultations with the public on land use master plans and plans. 2. The fo1ms, contents and timing of consultation with the public on land use master plans and plans must comply with the following provisions: a/ The consultations with the public on national and provincial-level land use master plans and plans must be conducted in the fo1m of publicizing the contents ofland use master plans and plans on the websites of the Ministry of Natural Resources and Environment and the provincial level People's Committees. The consultations with the public on distdct-level land use master plans and plans must be conducted in the fo1m of organizing meetings, direct consultation and publicizing the contents of land use master plans and plans on the websites of provincial-level and distdct-level People's Committees. b/ The consultations with the public on land use master plans and plans must be conducted on the targets ofland use master plans and plans, projects and construction works to be implemented dming the land use master plan and plan periods; c/ The consultations with the public on land use master plans and plans must be conducted within 30 days after competent state agencies decide to conduct consultations. 3. Agencies responsible for conducting consultations with the public on land use master plans and plans prescribed in Clause 1 of this Alticle shall prepare repo1ts on summarization, assimilation and explanation of the public opinions, and improve the land use master plans and plans before submitting to the appraisal board for land use master plans and plans. 4. For land use master plans and plans for national defense or secmity purpose, the Ministry of National Defense and the Ministry of Public Security shall conduct consultations with provincial level People's Committees in the course of fo1mulation ofland use master plans and plans. ©Vietnam Law and Legal Fo1um 30 OFFICIAL GAZETTE Issue nos 01-04/January 2014 5. The Government shall detail this AI1icle. Article 44. Appraisal of land use master plans and plans 1. Competence to establish the appraisal board for land use master plans and plans: a/ The Plime Minister may establish an appraisal board for national land use master plans and plans. The Ministry of Natural Resources and Environment shall assist this appraisal boa.rd in the process of appraising land use master plans and plans; b/ The Minister of Natural Resources and Environment may establish an appraisal board for land use master plans and plans for national defense or security purpose, and for provincial-level land use master plans and plans. Land a.dministr·a.tion agencies at central level shall assist this appraisal board in the process of appraising land use master plans and plans; c/ The chairperson of a provincial-level People's Comtnittee may establish an appraisal board for distr·ict-level land use master plans and plans. Land administr·a.tion agencies at provincial and distr·ict levels shall assist this appraisal board in appraising land use master plans and plans. 2. The appraisal boards for land use master plans and plans at all levels shall appraise and send the notices of appraisal results to the agencies in charge of organizing the formulation of land use master plans and plans as prescribed in AI1icle 42 of this Law. The agencies in charge of organizing the fo1mula.tion ofland use master plans and plans shall assimilate and explain the contents stated in the notices of appraisal results. In case of necessity, the appraisal board for land use master plans and plans shall organize the examination and field survey of the areas for which the land use pmposes are planned to change, especially paddy land, land for protection forest and land for special-use forest. 3. The appraisal of a land use master plan covers the following contents: a/ Legal and scientific bases for the fo1mulation of the land use master plan; b/ The extent of confo1mity of the land use master plan with strategies and master plans for socio-economic development, national defense and security of the whole country and the locality, and with the master plans for development of sectors and fields; c/ Socio-economic and environmental effects; d/ The feasibility of the land use master plan. © Vietnam Law and Legal F ornm Issue nos 01-04/January 2014 OFFICIAL GAZETTE 31 4. The appraisal of a land use plan covers the following contents: a/ The extent of conformity of the land use plan with the land use master plan; b/ The extent of conformity of the land use plan with the plan for socio-economic development; c/ The feasibility of the land use plan. 5. The fund for appraisal ofland use master plans and plans is determined as a separate item in the fund for fo1mulation of land use master plans and plans. Article 45. Competence to decide and approve land use master plans and plans 1. The National Assembly shall decide on national land use master plans and plans; 2. The Government shall approve provincial-level land use master plans and plans, land use master plans and plans for national defense purpose and land use master plans and plans for security purpose. Provincial-level People's CoIIlillittees shall submit provincial-level land use master plans and plans to their respective People's Councils for adoption before submitting them to the Government for approval. 3. Provincial-level People's Committee shall approve distiict-level land use master plans and plans. Disti·ict-level People's Committees shall submit district-level land use master plans to their People's Councils for adoption before submitting them to the provincial-level People's CoIIlillittee for approval. Disti·ict-level People's CoIIlillittees shall submit annual land use plans to the provincial-level People's CoIIlillittee for approval. Provincial-level People's Coillillittees shall submit to their People's Councils for adoption the lists of projects for which land needs to be recovered as presclibed in Clause 3, Article 62 of this Law, before approving the distiict-level annual land use plans. Article 46. Adjustment of land use master plans and plans 1. Adjustment of a land use master plan is only conducted in the following cases: a/ There are adjustments to the strategies for socio-economic development, national defense, and secmity or master plan for development of socio-economic regions and such adjustments result in change of land use st111cture; ©Vietnam Law and Legal Fomm 32 OFFICIAL GAZETTE Issue nos 01-04/January 2014 b/ Nattlral disasters or wars result in changes in the land use purposes, structure, locations and area; c/ There are adjustments in the land use master plan of the immediate supe1ior level which affect the land use master plan of the concerned level; di There are adjustments to local administrative boundaiies. 2. Adjustments to a land use plan are only conducted when there are adjustments in the land use master plan or there are changes in the ability to implement the land use plan. 3. Adjustments to a land use master plan are part of the approved land use master plan. Adjustments to a land use plans are part of the approved land use plan. The adjustment ofland use master plans and plans must be conducted under Alticles 42, 43, 44 and 48 ofthis Law. 4. The state agencies competent to decide on or approve land use master plans and plans at a ce1tain level have competence to decide on or approve adjustments to land use master plans and plans at that level. Article 47. Consultancy on fonnulation ofland use master plan and plans 1. In the process of fo1mulation of land use master plans and plans, the agencies in charge of the fo1mulation process may hire consultants to fonnulate land use master plans and plans. 2. The Government shall prescribe the conditions for organizations and individuals to provide consultancy on fo1mulation of land use master plans and plans. Article 48. Publicization of land use master plans and plans 1. The land use master plans and plans at national, provincial and district levels must be publicized after being decided or approved by competent state agencies. 2. Responsibilities for publicizing land use master plans and plans are prescribed as follows: a/ The Minist1y of Natural Resources and Environment shall publicize the national land use master plans and plans at its head office and on its website; b/ Provincial-level People's Com1nittees shall publicize provincial-level master plans and plans at their head offices and on their websites; c/ District-level People's Com1nittees shall publicize district-level land use master plans and plans at their head offices and on their websites and the contents of district-level land use master plans and plans related to communes, wards and townships at the head offices of commune-level People's Committees. © Vietnam Law and Legal F ornm Issue nos 01-04/January 2014 OFFICIAL GAZETTE 33 3. Timing and duration for publicizing land use master plans and plans are prescribed as follows: a/ The land use master plan and plans must be publicized within 30 days from the date they are decided or approved by competent state agencies; b/ The publicity lasts throughout the land use master plan and plan periods. Article 49. Implementation ofland use master plans and plans 1. The Government shall organize and direct the implementation of the national land use master plans and plans. The P1ime Minister shall, based on national land use targets which have been decided by the National Assembly, allocate land use targets for provinces and centrally rnn cities, the Ministiy of National Defense and the Ministiy of Public Security. Provincial- and district-level People's Committees shall implement land use master plans and plans of their respective localities. Commune-level People's Committees shall implement land use master plans and plans in their communes. The Minist1y of National Defense and the Ministiy of Public Security shall implement land use master plans and plans for national defense or security, respectively. 2. If the land use master plan has been publicized but the annual district-level land use plan is not yet available, land users may continue using land and exercise the rights of land users as presciibed by law. If the land use master plan and the annual district-level land use plan are available, land users for whom the land use purposes are to be changed or whose land is to be recovered in accordance with the plans may continue exercising the rights of land users, but may not build new houses or constrnction works or plant perennial crops. They shall apply for pennission from competent state agencies before repairing or renovating existing houses or constrnction works. 3. If a land area is to be recovered for implementation of a project or for change of land use purpose as indicated in the publicized annual district-level land use plan, but the decision to recover land has not been issued or the change of land use purpose has not been approved within 3 years, the state agency that has competence to approve the land use plan shall adjust or cancel the recove1y or change of land use purpose and shall publicize such adjustment or cancellation. ©Vietnam Law and Legal Fomm 34 OFFICIAL GAZETTE Issue nos 01-04/January 2014 In case the state agency that has competence to approve the land use plan fails to adjust or cancel, or does adjust or cancel but fails to publicize such adjustment or cancellation, land users are not subject to the limitation of 1ights as presc1ibed in Clause 2 of this Alticle. 4. At the end of the land use master plan pe1iod, the land use targets that have not fully been implemented may continue to be implemented until the land use master plan of the subsequent period is decided or approved by competent state agencies. 5. The Government shall detail the organization of the implementation of land use master plans and plans. Article 50. Repo1t on implementation of land use master plans and plans 1. The responsibility to make annual reports on results of implementation of land use master plans and plans is prescribed as follows: a/ The People's Committees at commune and district levels shall send repo1ts on results of implementation of land use master plans and plans to the direct superior People's Committees. Provincial-level People's Committees shall send repo1t on results of implementation ofland use master plans and plans to the Ministry ofNaniral Resources and Environment; b/ The Ministry of National Defense or the Ministry of Public Security shall send repo1ts on results of implementation of land use master plans and plans for national defense or security purpose to the Ministry of Natural Resources and Environment; c/ The Minist1y of Natural Resources and Environment shall summarize the annual results of implementation of land use master plans and plans of the whole country in a repo1t to the Government for submission to the National Assembly at the year-end session. 2. The report on results of implementation of the annual land use plan for the last year of the first land use plan period must be enclosed with the review report on the implementation of the whole land use plan period. The report on results of implementation of the annual land use plan for the last year of the land use master plan period must be enclosed with the review repo1t on the implementation of the last land use plan period and the review report on the implementation of the whole land use master plan period. Article 51. Settlement of problems arising in land use master plans and plans after this Law takes effect 1. When fo1mulating the land use plans for 5 years (2016-2020), the land use master plans and plans that have been decided or approved by competent state agencies prior to the effective © Vietnam Law and Legal F 01um Issue nos 01-04/January 2014 OFFICIAL GAZETTE 35 date of this Law must be reviewed and additionally investigated for adjustment in accordance with this Law. 2. If the distiict-level land use master plan and plan have not yet been approved by competent state agencies when this Law ta.lees effect, the land recove1y, land allocation, land lease, recognition of land use rights and change of land use purpose must be conducted in accordance with the provincial land use plans and the list of projects for socio-economic development of the disti·ict concerned which is prepared and submitted by the district-level People's Committee to the provincial-level People's Committee for decision. The approval of district-level land use master plans and plans must be completed within 1 year after this Law takes effect. ChapterV LAND ALLOCATION, LAND LEASE AND CHANGE OF LAND USE PURPOSE Article 52. Bases for land allocation, land lease and change of land use purpose 1. The annual district-level land use plans which have been approved by competent state agencies. 2. Land use demands as indicated in investment project documents or in applications for land allocation, land lease or change of land use purpose. Article 53. Allocation or lease of land which is cunently used by a person to another The State's decision on allocation or lease of land which is afready being used by a person to another may be made only after a competent state agency decides on land recove1y in accordance with this Law and the compensation, suppo1t and resettlement have been completed in accordance with law in case ground clearance is required. Article 54. Land allocation without land use levy The State shall allocate land without land use levy in the following cases: 1. Households and individuals directly engaged in agriculture, forest1y, aquaculture or salt production to whom agricultural land is allocated within the quotas prescribed in Alticle 129 of this Law; 2. Persons who use land for protection forests, special-use forests or production forests which are natural forests, for office constrnction, for national defense or secmity purpose, for non commercial public use, for cemeteries and graveyards which fall outside the cases prescribed in Clause 4, Alticle 55 of this Law; ©Vietnam Law and Legal Fornm 36 OFFICIAL GAZETTE Issue nos 01-04/January 2014 3. Public non-business organizations that are not self-financed and use land for office constrnction. 4. Organizations that use land for construction of resettlement houses under the State's projects. 5. Communities using agiiculniral land; religious instin1tions using non-agdcultural land as prescribed in Clause 1, A1ticle 159 ofthis Law. Article 55. Land allocation with land use levy The State shall allocate land and collect land use levy in the following cases: 1. Households and individuals that are allocated residential land; 2. Economic organizations that are allocated land to implement investment projects on construction of houses for sale or a combination of sale and lease; 3. Overseas Vietnamese and foreign-invested enterprises that are allocated land to implement investment projects for the construction of houses for sale or for a combination of sale and lease; 4. Economic organizations that are allocated land to implement investment projects on infrastrncnire of cemeteries and gi·aveyards for tr·ansfer of land use rights together with the infrastr11cture. Article 56. Land lease 1. The State may lease land and collect an annual land rental or full one-off rental for the entire lease peliod in the following cases: a/ Households and individuals that use land for the purpose of agi·iculture, forest1y, aquaculture or salt production; b/ Households and individuals that need to fmther use agiicultural land that exceeds the land allocation quotas prescribed inA1ticle 129 of this Law; c/ Households and individuals that use land for trading and services, mining activities, production of constr11ction materials, production of ceramic products, and non-agricultural production establishments; di Households and individuals that use land for construction of public facilities for commercial purpose; dd/ Economic organizations, overseas Vietnamese and foreign-invested enterprises that use land to implement investment projects in agriculture, forestiy, aquaculnire or salt production, © Vietnam Law and Legal F ornm Issue nos 01-04/January 2014 OFFICIAL GAZETTE 37 for non-agricultmal business and production purpose, for construction of public facilities for commercial purpose, and for implementation of investment projects on houses for lease; e/ Economic organizations, self-financed public non-business organizations, overseas Vietnamese and foreign-invested enterp1ises that use land for const:rnction of non-business facilities; g/ Foreign organizations with diplomatic functions that use land to build offices. 2. The State may lease land to and collect annual rentals from people's aimed forces units for the purpose of agriculture, fores tty, aquaculture or salt production, or in combination with national defense or security tasks. Article 57. Change of land use purpose 1. Cases in which change of land use purpose requires pe1mission by competent state agencies: a/ Change of land for rice cultivation to land for perennial crops, forests, aquaculture or salt production; b/ Change of land for other annual crops to land for saltwater aquaculnire, salt production or aquaculnire in ponds, lakes or marshlands; c/ Change of land for special-use forests, protection forests or production forests to land for other purposes within the type of agriculniral land; d/ Change of agriculniral land to non-agricultural land; dd/ Change of non-agricultural land which is allocated by the State without land use levy to non-agriculniral land which is allocated by the State with land use levy, or to leased land; e/ Change of non-agiicultural land which is not residential land to residential land; g/ Change of land for construction of non-business facilities or land for public purposes involving commercial purpose, or non-agi·iculniral land for business and production purposes which is not land for trading or services to land for trading or services; change ofland for trading or services or land for construction of non-commercial facilities to land for non-agiicultural production establishments. 2. When changing the land use purpose under Clause 1 ofthis Article, land users shall fulfill financial obligations as prescribed by law. The land use regime and the rights and obligations of land users are those applicable to the type of the land used for the new purpose. Article 58. Conditions for land allocation, land lease and change of land use purpose to implement investment projects ©Vietnam Law and Legal Forum 38 OFFICIAL GAZETTE Issue nos 01-04/January 2014 1. For investment projects that use paddy land or land for protection forests or land for special use forests for other purposes and are other than those to be decided by the National Assembly or approved in principle by the P1ime Minister, competent state agencies may only decide on land allocation or land lease or pennit change of land use purpose when one of the following documents is available: a/ The written approval by the Prime Minister for change of land use purpose for the paddy land with an area of 10 ha or more, and for protection forest or special-use forest with a land area of 20 ha or more; b/ The resolution of the provincial-level People's Council for change ofland use purpose for the paddy land with an area less than 10 ha, and for protection forest or special-use forest with a land area less than 20 ha. 2. For investment projects which use land on islands or in border or coastal communes, wards or townships, competent state agencies may only decide on land allocation, land lease or change of land use purpose upon receiving written approval from related ministries and agencies. 3. Those who are allocated land or leased land by the State, or pe1mitted by the State to change land use purpose to implement investment projects must meet the following conditions: a/ Having financial capacity to ensure the land use according to the investment project's schedule; b/ Paying a deposit in accordance with the investment law; cl Not violating the land law if they are implementing other projects on the state-allocated or -leased land. 4. The Government shall detail this Alticle. Article 59. Competence to allocate, lease land and approve change of land use purpose 1. Provincial-level People's Committees may decide on the allocation or lease of land, and pennit change of land use purpose in the following cases: a/ Allocation or lease of land to, and pe1mission for change of land use purpose for, organizations; b/ Allocation of land to religious institutions; c/ Allocation of land to overseas Vietnamese or foreign-invested enterprises under Clause 3, Alticle 55 ofthis Law; d/ Lease of land to overseas Vietnamese or foreign-invested enterprises under Points dd and e, Clause 3, A1ticle 56 of this Law; © Vietnam Law and Legal F ornm Issue nos 01-04/January 2014 OFFICIAL GAZETTE 39 dd/ Lease ofland to foreign organizations with diplomatic functions. 2. District-level People 's Committees may decide on the allocation or lease ofland, and pennit change of land use purpose in the following cases: a/ Allocation or lease of land to, and pennission of change ofland use purpose for, households and individuals. If these subjects wish to lease or use agiicultural land with an area of 0.5 ha or more for trading and se1vice purposes, written approval from the provincial-level People's Committee is required before the district-level People's Committee makes decision; b/ Allocation of land to communities. 3. Commune-level People's Committees may lease land from the agi·icultural land fund for public purposes in their communes, wards or townships. 4. Agencies having the competence to decide on land allocation or lease and pennit change of land use purpose as presclibed in Clauses 1 and 2 of this Article may not delegate their competence. Article 60. Handling of cases of land allocation and land lease which are decided prior to the effective date of this Law 1. Econo1nic organizations, households, individuals and overseas Vietnamese that are eligible to lease land in accordance with this Law and are allocated land with land use levy by the State prior to the effective date of this Law, may continue using the land for the remaining land use te1m without having to change to lease land. Upon the expily of the land use te1m, if pe1mitted to extend the land use te1m by a competent state agency, they shall change to lease land in accordance with this Law. 2. Organizations, households, individuals and overseas Vietnamese who are eligible to lease land in accordance with this Law and are allocated land by the State without land use levy plior to the effective date of this Law, shall change to lease land from the effective date of this Law and pay land rental. 3. Econo1nic organizations, households, individuals and overseas Vietnamese that are eligible to lease land in accordance with this Law and lawfully acquire land use rights prior to the effective date of this Law, may continue using the land for the remaining land use tenn without having to change to lease land in accordance with this Law. 4. Econo1nic organizations that are eligible to lease land in accordance with this Law and lawfully acqufre agricultural land use rights from households or individuals that are allocated land without land use levy by the State to ilnplement investment projects in agricultural production ©Vietnam Law and Legal Fomm 40 OFFICIAL GAZETTE Issue nos 01-04/January 2014 piior to the effective date of this Law, may continue using the land for the remaining land use te1m without having to change to lease land in accordance with this Law. 5. Overseas Vietnamese and foreign-invested enterpiises that lease land with full one-off rental payment for the entire lease period to implement investment projects on construction of houses for sale or for a combination of sale and rent prior to the effective date of this Law, may continue using the land for the remaining land use term, or change to land allocation with land use levy in accordance with this Law if they have demand. Chapter VI LAND RECOVERY, LAND REQUISITION, COMPENSATION, SUPPORT AND RESETTLEMENT Section 1 LAND RECOVERY AND LAND REQUISITION Article 61. Land recove1y for national defense or security purpose The State may recover land for national defense or security purpose in the following cases: 1. Land for milita1y banacks or offices; 2. Land for constmction of military bases; 3. Land for constmction of national defense works, battle fields and special works of national defense or security; 4. Land for milita1y railway stations and ports; 5. Land for industrial, scientific and technological, cultural or spo1ts facilities that directly serve national defense or security purpose; 6. Land for warehouses for the people's armed forces; 7. Land for shooting grounds, training grounds, and weapon testing and destroying sites; 8. Land for training institutions and centers, hospitals and sanatoriums of the people's aimed forces; 9. Land for constmction of public-duty houses of the people's anned forces; 10. Land for detention and re-education institutions managed by the Ministiy of National Defense or the Ministiy of Public Security. © Vietnain Law and Legal F omm Issue nos 01-04/January 2014 OFFICIAL GAZETTE 41 Article 62. Land recovery for socio-economic development in the national or public interest The State may recover land for socio-economic development in the national or public interest in the following cases: 1. Implementation of projects of national importance which are approved in p1inciple by the National Assembly for which land must be recovered. 2. Implementation of projects which are approved or decided by the Prime Minister, including: a/ Projects on constmction of industiial parks, expo1t processing zones, hi-tech zones, economic zones, new urban centers; investment projects funded with official development assistance (ODA) capital; b/ Projects on constmction of offices of state agencies, central political and socio-political organizations, offices of foreign organizations with diplomatic functions; ranked histolical-cultural relics and scenic spots, parks, squares, statutes, monuments and national public non-business facilities; c/ Projects for const111ction of national technical infrastiucture including t1·anspo1t, inigation, water supply and drainage, electi·icity and communication facilities; oil and gasoline pipelines and depots; national reserve warehouses; facilities for waste collection and treatment. 3. Implementation of projects which are approved by provincial-level People's Councils for which land must be recovered, including: a/ Projects on construction of offices of state agencies, political and socio-political organizations; ranked histolical-cultural relics and scenic spots, parks, squares, statutes, monuments, and local public non-business facilities; b/ Projects on constmction of local technical infrast111cture including t1·anspo1t, inigation, water supply and drainage, electricity, communication and urban lighting works; facilities for waste collection and treatment; cl Projects on const111ction of common activities of the communities; projects on resettlement, don nitories for students, social houses, and public-duty houses; constmction of religious institutions, public culnire, spo1ts and ente1tainment and recreation centers; markets; graveyards, cemeteries, funeral service centers and cremation centers; di Projects on constmction of new urban centers and mral residential areas; on improvement of urban areas and mral residential areas; industrial clusters; concenti·ated zones for production and processing of agricultural, forest1y , aquaculture and seafood products; and projects on development of protection forests or special-use forests; ©Vietnam Law and Legal Fomm 42 OFFICIAL GAZETTE Issue nos 01-04/January 2014 dd/ Mining projects that are licensed by competent agencies, except mining of minerals for use as common construction matelials, peat, and minerals in scattered and small mining areas, and salvage mining. Article 63. Bases for land recove1y for national defense or secmity purpose; for socio-economic development in the national or public interest Land recove1y for national defense or secmity purpose; for socio-economic development in the national or public interest must be based on the following: 1. The projects require land recove1y as prescribed in Articles 61 and 62 of this Law. 2. The annual district-level land use plans which are approved by competent state agencies. 3. The land use schedule of the projects. Article 64. Land recove1y due to violations of land law 1. Cases of land recove1y due to violations of the land law include: a/ Land is not used for the purposes for which land has been allocated, leased, or land use rights have been recognized by the State and the land users, after having been sanctioned administratively for using land for improper purposes, still continue committing the violation; b/ Land users intentionally damage land; c/ Land was allocated or leased to wrong subjects or ultra vires; di Land that is ineligible for transfer or donation as prescribed in this Law is transfened or donated; dd/ Land that is allocated by the State for management is encroached or occupied; e/ Land that is ineligible for transfer ofland use lights as prescribed by this Law is encroached or occupied due to the i1Tesponsibility of land users; g/ Land users who fail to fulfill obligations to the State and have been administratively sanctioned for such violation but do not comply; h/ Land for annual crops that is not used for 12 consecutive months; land for perennial plants that is not used for 18 consecutive months; land for afforestation that is not used for 24 consecutive months; ii Land that is allocated or leased for implementing investment projects is not used within 12 consecutive months, or the land use schedule is 24 months late compared with the schedule stated in the project documents since the hand-over in the field. In case of not putting the land into use, the land use ten n may be extended 24 months and the investors shall pay a sum of money © Vietnam Law and Legal F ornm Issue nos 01-04/January 2014 OFFICIAL GAZETTE 43 equivalent to the total land use levy or land rental for the delayed period. If the investors still fail to put the land into use when the extended time is over, the State shall recover the land without compensation for land and land-attached assets, except due to force majeure. 2. Land recove1y due to violations of the land law must be based on documents and decisions issued by state agencies which are competent to detennine violations of the land law. 3. The Government shall detail this Alticle. Article 65. Land recove1y due to tennination of land use in accordance with law, volunta1y return of land or risks of threatening human life 1. Cases of land recove1y due to te1mination of land use in accordance with law, volunta1y return of land or risks threatening human life include: a/ Organizations to which land is allocated by the State without land use levy, or organizations to which land is allocated with land use levy and the land use levy is originated from the state budget, are dissolved, go bankrnpt, move to another place, or have lower or no land use demand; land users which lease land with annual rental payment are dissolved, go bankrnpt, move to another place, or have lower or no land use demand; b/ Individual land users die without any heir; c/ Land users return the land voluntarily; d/ Land is allocated or leased by the State for definite periods and such periods expire without extension allowed; dd/ Land is located in enviromnentally polluted areas which bears the risks of threatening human life; e/ Land having risks of being eroded or sunk or otherwise affected by other natural disasters threatening human life. 2. Land recove1y prescribed in Clause 1 of this Alticle must be based on the following: a/ For the case ofland recove1y prescribed at Point a, Clause 1 of this A1ticle, the document of a competent agency which has taken legal effect; b/ For the case of land recove1y prescribed at Point b, Clause 1 of this A1ticle, the death certificate or the decision declaring that the individual concerned is dead in accordance with law and the document issued by the commune-level People's Committee of the locality where the individual concerned resides, confinning that he/she has no heir; cl For the case ofland recove1y prescribed at Point c, Clause 1 of this A1t icle, the document of the land user on the return of land; ©Vietnam Law and Legal Fornm 44 OFFICIAL GAZETTE Issue nos 01-04/January 2014 di For the case of land recove1y presctibed at Point d, Clause 1 of this Alticle, the decision on land allocation or land lease; dd/ For the case of land recove1y prescribed at Point dd and Pointe, Clause 1 of this Alticle, the decision issued by a competent state agency dete1mining the extent to which land is environmentally polluted, eroded, sunk, or othe1wise affected by another nan1ral disaster which threatens human life. 3. The Government shall detail this Alticle. Article 66. Competence to recover land 1. Provincial-level People's Committee may decide on land recove1y in the following cases: a/ Recove1y of land from organizations, religious institutions, overseas Vietnamese, foreign organizations with diplomatic functions, and foreign-invested enterptises, excluding the case prescribed at Point b, Clause 2 of this Alticle; b/ Recove1y of agriculniral land which is pa1t of the public land funds of communes, wards or townships. 2. District-level People's Committees may decide on land recove1y in the following cases: a/ Recove1y of land from households, individuals and communities; b/ Recove1y of land from overseas Vietnamese who are allowed to own houses in Vietnam. 3. In case both subjects prescribed in Clauses 1 and 2 of this Alticle exist in one recovered area, the provincial-level People's Committee shall decide on the land recove1y or authorize district-level People's Committees to decide on the land recove1y. Article 67. Notification of land recove1y and compliance with decisions on land recove1y for national defense or security purpose; or for socio-economic development in the national or public interest 1. Before issuing a decision on land recove1y, at least 90 days prior to the recove1y of agriculniral land or 180 days ptior to the recove1y of non-agricultural land, competent state agencies shall notify the land users of the land recove1y. The contents to be notified include land recove1y, investigation, survey, measurement and invento1y plans. 2. In case land users whose land is recovered agree on the land recove1y plan prior to the time limit presctibed in Clause 1 ofthisAlticle, the competent People's Committee may decide on land recove1y without having to wait until the time litnit for the land recove1y notification expires. © Vietnam Law and Legal F ornm Issue nos 01-04/January 2014 OFFICIAL GAZETTE 45 3. Land users whose land is recovered shall coordinate with agencies and organizations performing compensation and ground clearance in the process of investigation, survey, measurement, inventory, and making of plans for compensation, support and resettlement. 4. After the land recove1y decisions take effect and plans for compensation, suppo1t and resettlement approved by competent state agencies are publicized, land users whose land is recovered shall comply with the land recove1y decisions. Article 68. Organizations in charge of compensation and ground clearance; management of recovered land 1. Organizations in charge of compensation and ground clearance include public land se1vice organizations and compensation, suppo1t and resettlement councils. 2. The recovered land shall be allocated for management and use according to the following provisions: a/ Land recovered under Articles 61 and 62 of this Law shall be allocated to investors for implementation of investment projects or to public land se1v ice organizations for management; b/ Land recovered under Clause 1, Alticle 64, and Point a, b, cord, Clause 1, Alticle 65 of this Law shall be allocated to public land se1vice organizations for management and auction of land use rights. In case the land recovered under Clause 1, Alticle 64, and Point a, b, cord, Clause 1, Alticle 65 of this Law, is agiicultural land of households and individuals in rural areas, that land shall be allocated to commune-level People's Committees for management. This land fund shall be allocated or leased in accordance with law to households and individuals that have no land or lack production land. 3. The Government shall detail this Alticle. Article 69. Order and procedures for land recovery for national defense or security purpose; for socio-economic development in the national or public interest 1. The making and implementation of plans for land recove1y, investigation, smvey, measurement and invento1y are prescribed as follows: a/ The People's Committee having competence to recover land shall issue a notice of land recove1y. The notice ofland recove1y must be sent to eve1y land user whose land is recovered, publicized in the meetings with people in the recovered area and through the mass media, posted up at offices of the commune-level People's Committee and at common public places of the residential areas of which land is recovered; ©Vietnam Law and Legal Fomm 46 OFFICIAL GAZETTE Issue nos 01-04/January 2014 b/ The commune-level People's Collllllittee shall coordinate with the organization in charge of compensation and grOlmd clearance to implement plans for land recove1y, investigation, survey, measurement and invento1y; c/ Land users shall coordinate with the organization in charge of compensation and ground clearance in conducting investigation, survey and measurement ofland area, invento1y of houses and other land-attached assets to develop plans for compensation, suppo1t and resettlement; d/ In case the land users in the recovered area do not cooperate with the organization in charge of compensation and ground clearance for investigation, survey, measurement and invento1y, the commune-level People's Committee and Vietnam Fatherland Front in the locality and the organization in charge of compensation and ground clearance shall mobilize and persuade the land users to cooperate. If the land users still do not cooperate with the organization in charge of compensation and ground clearance within 10 days after the mobilization and persuasion, the chairperson of the district-level People's Committee shall issue a decision on compulso1y invento1y. Land users whose land is to be recovered shall comply with that decision. In case the land users do not comply with the decision, the chairperson of the district-level People's Committee shall issue a decision on enforcement of the decision on compulso1y invento1y and organize the enforcement in accordance with Alticle 70 of this Law. 2. The making and appraisal on plans for compensation, support and resettlement are prescribed as follows: a/ The organization in charge of compensation and ground clearance shall make the plan for compensation, suppo1t and resettlement and coordinate with the commune-level People's Committee in the locality to conduct consultations on the plans for compensation, suppo1t and resettlement in the fo1ms of meetings with land users living in the recovered area, posting up the plan for compensation, suppo1t and resettlement at offices of the commune-level People 's Committee and at common public places of the residential areas of which land is recovered. The consultation results must be recorded in minutes which are ce1tified by representatives of the commune-level People's Committee and Vietnam Fatherland Front, and land users whose land is recovered. The organization in charge of compensation and ground clearance shall make a written summarization of opinions which clearly specifies the numbers of opinions for, against and other opinions regarding the plans for compensation, suppo1t and resettlement; coordinate with the commune-level People's Committee in the locality in organizing dialogues with those who have objections on the plans for compensation, suppo1t and resettlement; and improve the plans for compensation, support and resettlement for submission to competent agencies. © Vietnam Law and Legal F ornm Issue nos 01-04/January 2014 OFFICIAL GAZETTE 47 bl Competent agencies shall appraise the plans for compensation, suppo1t and resettlement before submitting them to the competent People's Committee for decision on land recovery. 3. The decision on land recovery, the approval and the organization of implementation of the plans for compensation, suppo1t and resettlement are presclibed as follows: a/ The People's Committee which has the competence as presclibed inAlticle 66 of this Law shall issue a decision on land recove1y and a decision on approval of the plans for compensation, support and resettlement in the same day; b/ The organization in charge of compensation and ground clearance shall coordinate with the commune-level People's Committee to publicize and post up the decision on approval of the plans for compensation, suppo1t and resettlement at the commune-level People's Committee offices and at common public places of the residential areas of which land is recovered. The organization shall send the decision on compensation, suppo1t and resettlement to each person whose land is recovered and that decision will clearly show the level of compensation and suppo1t, anangement of the resettlement land or house (if any), time and place of payment for compensation or suppo1t, time to anange resettlement land or house (if any) and time to hand over the recovered land to the organization in charge of compensation and ground clearance; c/ The organization in charge of compensation and ground clearance shall implement activities in accordance with the approved plans for compensation, suppo1t and resettlement; d/ In case land users whose land is to be recovered fail to hand over the land to the organization in charge of compensation and ground clearance, the commune-level People's Committee and Vietnam Fatherland Front in the locality and the organization in charge of compensation and ground clearance shall mobilize and persuade the land users to hand over. In case the land users fail to comply with the decision even after the mobilization and persuasion, the chairperson of the district-level People's Committee shall issue a decision on enforcement of land recove1y and organize the enforcement in accordance with Al.tide 71 of this Law. 4. The organization in charge of compensation and ground clearance shall manage land which is already cleared. Article 70. Enforcement of decisions on compulso1y invento1y 1. Principles of enforcement of a decision on compulso1y invento1y: a/ The enforcement is conducted in a public, democratic, objective, orderly, safe and lawful manner; b/ The time to start the enforcement falls within working hours. ©Vietnam Law and Legal Fo1um 48 OFFICIAL GAZETTE Issue nos 01-04/January 2014 2. The enforcement of a decision on compulso1y invento1y may be conducted when all the following requirements are met: a/ Land users whose land is to be recovered do not comply with the decision on compulso1y invento1y after the mobilization and persuasion by the commlme-level People's Committee, Vietnam Fatherland Front and the organization in charge of compensation and ground clearance; b/ The decision on enforcement of the compulso1y invento1y decision is posted up publicly at the office of the commune-level People's Committee and at common public places of the residential area of which land is recovered; c/ The decision on enforcement of the compulso1y invento1y decision has taken effect; di The person who is to be coerced has received the effective decision on enforcement. In case the person who is to be coerced refuses to receive the decision on enforcement or is absent when the decision on enforcement is delivered, the commune-level People's Committee shall make a minutes of delive1y. 3. The district-level People's Committee chairperson who issues the decision on enforcement shall execute the decision on compulso1y invento1y and organize the execution of the decision on enforcement. 4. The order and procedures for executing the decision on enforcement of compulso1y invento1y are presclibed as follows: a/ The organization assigned to conduct the enforcement shall mobilize, persuade and organize dialogues with, the coerced people; b/ In case the coerced person complies with the decision on enforcement, the organization assigned to conduct enforcement shall make a minutes to acknowledge the compliance, and conduct investigation, survey, measurement or invento1y. In case the coerced person fails to comply with the decision on enforcement, the organization assigned to conduct the enforcement shall execute the decision on enforcement. Article 71. Enforcement of land recove1y decisions 1. The principles of enforcement of a land recove1y decision comply with Clause 1, A1ticle 70 of this Law. 2. The enforcement of a land recove1y decision is conducted when all the following requirements are met: © Vietnam Law and Legal F ornm Issue nos 01-04/January 2014 OFFICIAL GAZETTE 49 a/ The person whose land is to be recovered fails to comply with the land recovery decision after the mobilization and persuasion by the commune-level People's Committee and Vietnam Fatherland Front in the locality and the organization in charge of compensation and ground clearance~ b/ The decision on enforcement of the land recovery decision is posted up at the office of the commune-level People's Committee and at common public places of the residential area of which land is recovered; c/ The decision on enforcement of the land recovery decision has taken effect; d/ The person who is to be coerced has received the effective decision on enforcement. In case the person who is to be coerced refuses to receive the decision on enforcement or is absent when the decision on enforcement is delivered, the commune-level People's Committee shall make a minutes of delivery. 3. The chairperson of the district-level People's Committee issues the decision on enforcement of the land recovery decision, and organizes the execution of the decision. 4. The order and procedures for enforcement ofland recovery: a/ Before executing the enforcement, the chairperson of the district-level People's Committee shall decide to establish an enforcement board; b/ The enforcement board shall mobilize, persuade, and conduct dialogues with, the coerced persons. If the coerced persons comply, the enforcement board shall prepare a minutes to acknowledge the compliance. The land must be handed over within 30 days from the date of making the minutes. In case the coerced person fails to comply with the decision on enforcement, the enforcement board shall execute the enforcement; c/ The enforcement board has the power to ask coerced persons and related people to leave the coerced areas and to move their properties out of the land areas by themselves. If these people fail to comply, the enforcement board shall move the coerced persons, related people and their properties out of the areas. In case the coerced person refuses to receive their properties, the enforcement board shall make a minutes, preserve the properties in accordance with law, and notify the properties' owners to get the properties back. 5. Responsibilities of organizations and individuals in executing decisions on enforcement of land recovery: a/ The district-level People's Committee shall implement the enforcement, settle complaints related to the enforcement in accordance with the law on complaints; implement the resettlement ©Vietnam Law and Legal Forum 50 OFFICIAL GAZETTE Issue nos 01-04/January 2014 plans before executing the enforcement; ensure necessa1y conditions and means to serve the enforcement; and allocate funds for enforcement activities; b/ The enforcement board shall assume the ptime responsibility for making the enforcement plans and cost estimation for enforcement activities and submitting them to the competent People's Committee for approval, conduct the enforcement in accordance with the approved plans and hand over the land to the organization in charge of compensation and ground clearance. In case there remain prope1ties on the coerced land, the enforcement board shall preserve the prope1ties. The preservation cost shall be born by the prope1t ies' owners; c/ The police shall maintain social order and safety in the process of organizing the execution of the decision on enforcement ofland recove1y; d/ The commune-level People's Committee of the locality concerned shall coordinate with related agencies in delivering and posting up the decision on enforcement of land recove1y , participate in the enforcement process and coordinate with the organization in charge of compensation and ground clearance in sealing and moving the prope1ties of coerced people; dd/ Other related agencies, organizations and individuals shall coordinate with the enforcement board in executing the enforcement of land recove1y at the request of the enforcement board. 6. The Government shall detail this Alticle. Article 72. Land requisition 1. The State may requisition land in case of extreme necessity to pe1fo1m the tasks of national defense or security, or in a state of war or emergency, or of prevention and combat of natural disasters. 2. The decision on land requisition must be made in writing. In case of emergency when the decision can not be made in wtiting, the person who has competence to requisition land may make the decision verbally but shall write a confi1mation document on the land requisition decision right at the time of land requisition. The decision on land requisition talces effect from the time of its issuance. Within 48 hours from the time of making the land requisition decision verbally, the agency of the person making that decision shall confitm in wtiting and send the confitmation document to the person whose land is requisitioned. 3. The Minister ofNational Defense, the Minister of Public Security, the Minister ofTranspo1t, the Minister of Agriculture and Rural Development, the Minister of Health, the Minister of Industty and Trade, the Minister of Natural Resources and Environment, chairpersons of provincial-level People's Committees and chairpersons of distt·ict-level People's Committees have the competence © Vietnam Law and Legal F ornm Issue nos 01-04/January 2014 OFFICIAL GAZETTE 51 to decide on land requisition and to extend the duration ofland requisition. The persons who have the competence to requisition land may not delegate this competence to another person. 4. The dmation of land requisition must not exceed 30 days from the time the decision on land requisition takes effect. In a state of war or emergency, the duration of land requisition is counted from the date of issuance of the decision on land requisition, but must not exceed 30 days from the date the state of war or emergency is repealed. In case the duration of land requisition expires but the objectives of the requisition have not been achieved, the land requisition duration may be extended for no more than 30 days. The decision to extend the land requisition must be made in writing and sent to the people whose land is requisitioned before the land acquisition duration expires. 5. The person whose land is requisitioned shall comply with the decision on land requisition. If the land requisition decision is made in accordance with law and the people whose land is requisitioned fail to comply with that decision, the person who decides to requisition the land shall issue a decision on enforcement and organize the enforcement, or assign the chairperson of the provincial-level People's Committee and the district-level People's Committee of the locality to organize the enforcement. 6. The person who has the competence to decide on land requisition shall allocate the requisitioned land to organizations and individuals for efficient and proper management and use; return the land when the requisition duration expires; and make compensation for the damage caused by the land requisition. 7. The compensation for damage caused by land requisition is presclibed as follows: a/ The person whose land is requisitioned is entitled to compensation in case the requisitioned land is destroyed or his/her income is lost as a direct consequence of the land requisition; b/ If the requisitioned land is destroyed, the compensation must be made in money, based on the price of land use rights transfe1Ted in the market at the payment time; c/ If the person whose land is requisitioned loses income as a direct consequence of the land requisition, the compensation must be dete1mined based on the actual loss of income from the hand-over date to the returning date of the requisitioned land which is indicated in the decision on return of the requisitioned land. The amount of actual loss of income must be consistent with the income incu1Ted from the requisitioned land in n01mal conditions plior to the requisition. d/ The chairperson of the provincial- or district-level People's Committee of the locality shall fo1m a council to dete1mine the level of compensation for damage caused by the land requisition ©Vietnam Law and Legal Fomm 52 OFFICIAL GAZETTE Issue nos 01-04/January 2014 based on the written declarations of the land users and cadastral records. Based on the level of compensation dete1mined by the council, the chairperson of the provincial- or district-level People's Committee shall decide on the compensation; dd/ Compensation for damage caused by land requisition must be paid from the state budget in one-off payment and directly to the person whose land is requisitioned within 30 days from the returning date. 8. The Government shall detail this Alticle. Article 73. Use of land through transfer and lease of land use lights and receipt of land use rights contributed as capital for production and business 1. If the land used for the projects or facilities for production and business purposes is not subject to recovery by the State as prescribed inAlticles 61 and 62 of this Law and such land use is in accordance with the land use master plans and plans approved by competent state agencies, the investors may receive the transfer of, or lease, land use rights, or receive land use rights contributed as capital in accordance with law. 2. The State shall adopt policies to encourage the lease of land use rights or the receipt of land use rights contributed as capital of economic organizations, households and individuals to implement the projects or facilities for production and business. 3. The Government shall detail this Alticle. Section 2 COMPENSATION FOR LAND, SUPPORT AND RESETTLEMENT Article 74. Principles of compensation upon land recove1y by the State 1. Land users who meet the conditions prescribed inA1ticle 75 of this Law upon land recove1y by the State shall be compensated. 2. The compensation must be made in the fo1m of allocating new land with the same land use purpose with the recovered land. If there is no land available for compensation, the land users shall receive compensation in money calculated according to the specific land price of the type of recovered land which is decided by the provincial-level People's Committee at the time of the recove1y decision. 3. The compensation upon land recove1y by the State must be made in a democratic, impartial, equal, public, timely and lawful manner. © Vietnam Law and Legal F ornm Issue nos 01-04/January 2014 OFFICIAL GAZETTE 53 Article 75. Conditions for receiving compensation when the State recovers land for national defense or secmity purpose; for socio-economic development in the national or public interest 1. Households and individuals using land which is not leased land with annual rental payment, having a ce1tificate of land use ti ghts, a ce1tificate of ownership of houses and residential land use rights, or a ce1tificate of land use rights and ownership of houses and other land-attached assets (below refetTed to as the certificate), or being eligible to be granted a ce1tificate under this Law but not being granted that ce1tificate yet, except the cases prescribed in Clause 2, Article 77 of this Law. Overseas Vietnamese who are eligible to own houses associated with land use rights in Vietnam and are granted a ce1tificate of land use rights and ownership of houses and residential land use rights and other land-attached assets, or being eligible to be granted such certificate under this Law but not being granted that ce1tificate yet. 2. Communities and religious instin1tions using land which is not allocated or leased land by the State and having a ce1tificate, or being eligible to be granted a ce1tificate of land use rights and ownership of houses and other land-attached assets under this Law but not being granted that ce1tificate yet. 3. Overseas Vietnamese who are allocated land with land use levy by the State, or are leased land with full one-off rental payment for the entire lease period, or are transfetTed land use rights in industrial parks, industrial clusters, expo1t processing zones, hi-tech zones or economic zones, having a ce1tificate or being eligible to be granted a certificate ofland use rights and ownership of houses and other land-attached assets under this Law but not being granted that ce1tificate yet. 4. Organizations that are allocated land with land use levy by the State, or are leased land with full one-off rental payment for the entire lease period, or receive inherited land use rights, or are transfetTed land use rights for which the land use levy has been paid or the amount paid for the transfer does not originate from the state budget, having a ce1tificate or being eligible to be granted a ce1tificate ofland use rights and ownership of houses and other land-attached assets under this Law but not being granted that ce1tificate yet. 5. Foreign organizations with diplomatic functions that are leased land by the State with full one-off rental payment for the entire lease period and having a ce1tificate or being eligible to be granted a ce1tificate of land use rights and ownership of houses and other land-attached assets under this Law but not being granted that ce1tificate yet. 6. Economic organizations, overseas Vietnamese and foreign-invested enterprises that are allocated by the State land with land use levy to implement investment projects for constrnction of houses for sale or for a combination of sale and rent, or are leased land with full one-off rental payment for the entire lease period, having a ce1tificate or being eligible to be granted a ce1tificate ©Vietnam Law and Legal Fornm 54 OFFICIAL GAZETTE Issue nos 01-04/January 2014 ofland use lights and ownership of houses and other land-attached assets 1mder this Law but not being granted that certificate yet. Article 76. Compensation for remaining investment costs on land when the State recovers land for national defense or secmity pmpose; or for socio-economic development in the national or public interest 1. Cases that are not eligible for compensation for land but are eligible for compensation for the remaining investment costs on land when the State recovers the land include: a/ Land which is allocated by the State without land use levy, except the cases in which agriculniral land is allocated to households and individuals as prescribed in Clause 1, Article 54 of this Law; b/ Land which is allocated with land use levy by the State to organizations but those organizations are exempted from land use levy; c/ Land which is leased by the State with annual rental payment or leased land with full one off rental payment for the entire lease period but the land rental is exempted, for cases in which households and individuals use land under the policies for people with medt01ious services to the revolution; di Agricu ltural land belonging to the public land fund of the communes, wards or townships; dd/ Contracted land for agriculture, forestry, aquaculture or salt production. 2. The Government shall detail this Article. Article 77. Compensation for land and remaining investment costs on land when the State recovers agriculniral land from households and individuals 1. Households and individuals using agricultural land when the State recovers land are eligible to receive compensation for land and remaining invesllnent costs on land in accordance with the following provisions: a/ Agriculniral land area to be compensated includes the area within the quotas as prescribed in Articles 129 and 13 0 of this Law and the area received in the fo1m of inheritance; b/ Agricultural land area exceeding the quota specified in Article 129 of this Law is ineligible for compensation for land but is eligible for the remaining investment costs on land; c/ For agriculniral land area exceeding the quota prior to the effective date of this Law, the compensation and suppo1t must comply with the Government's regulations. © Vietnam Law and Legal F ornm Issue nos 01-04/January 2014 OFFICIAL GAZETTE 55 2. For agricultural land which was used before July 1, 2004, of which land users are households and individuals directly engaged in agricultural production but have not been granted a certificate or not being eligible to be granted a ce1tificate of land use rights and ownership of houses and other land-attached assets lmder this Law, the compensation must be made for the land area which is acnially used and does not exceed the agriculrural land allocation quota prescribed in A1ticle 129 of this Law. Article 78. Compensation for land and remaining investment costs on land when the State recovers agriculn1ral land from economic organizations, self-financed public non-business organizations, communities or religious instin1tions 1. For economic organizations that are using allocated agiiculniral land with land use levy or leased land with full one-off rental payment for the entire lease pe1iod, or are transfeITed land use rights, if they are eligible for compensation as prescribed inAlticle 75 of this Law when the State recovers the land, they shall be compensated for land for the remaining land use te1m. 2. Economic organizations, self-financed public non-business organizations that are using allocated agricultural land with annual rental payment, shall, upon land recovery by the State, not be compensated for land but for the remaining investment costs on land if the costs do not originate from the state budget. If agricultural land is not land for special-use forest, protection forest or production forest which is natural forest and has been contracted by econotnic organizations to households and individuals in accordance with law, upon land recove1y by the State, the households and individuals acquiring the contracted land shall not be compensated for land but for the remaining investment costs on land. 3. Communities and religious institutions that are using agriculrural land and eligible for compensation as prescribed in Alticle 7 5 of this Law, shall, upon land recove1y by the State, be compensated for land in accordance with the Government's regulations. Article 79. Compensation for land when the State recovers residential land 1. Households and individuals using residential land and overseas Vietnam owning houses associated with land use rights in Vietnam, who are eligible for compensation as prescribed in A1ticle 75 of the Law upon land recove1y by the State, shall be compensated as follows: a/ If they have no other residential land or houses in the communes, wards or townships in which the recovered land is located, they shall be compensated with residential land or house. If they have no need for compensation with residential land or house, the State shall compensate them in money; ©Vietnam Law and Legal Fomm 56 OFFICIAL GAZETTE Issue nos 01-04/January 2014 b/ If they have other residential land or houses in the communes, wards or townships in which the recovered land is located, they shall be compensated in money. For localities with available land fund, the compensation in the form ofland may be considered. 2. For households and individuals that are required to move upon the State's recove1y ofland and land-attached houses, if they are ineligible for compensation with residential land and have no other living place, the State shall offer houses for them to buy or lease-purchase, or allocate them residential land with land use levy. 3. Economic organization, overseas Vietnamese and foreign-invested enterprises that are using land for housing projects and are eligible for compensation as presciibed in Alticle 75 of this Law, shall be compensated for land upon land recove1y by the State. 4. The Government shall detail this Alticle. Article 80. Compensation for land and remaining investment costs on land when the State recovers non-agiicultural land which is not residential land of households and individuals 1. For households and individuals using non-agi·icultural land which is not residential land, when the State recovers land, if they are eligible for compensation as presciibed inAiticle 75 of this Law, they shall be compensated with land having the same land use purpose. In case such land is not available for compensation, they shall be compensated with money calculated based on the remaining land use te1m. 2. For households and individuals using non-agi·icultural land which is not residential land and is leased by the State with annual rental payment or with full one-off rental payment for the entire lease period but being exempted from land rental, when the State recovers land, they shall not be compensated for land but for the remaining investment costs in land, except the cases in which households and individuals use land under the policies for people with meritorious services to the revolution. 3. The Government shall detail this Alticle. Article 81. Compensation for land and remaining investment costs on land when the State recovers non-agricultural land which is not residential land from economic organizations, self-financed public non-business organization, communities, religious institutions, overseas Vietnamese, foreign organizations with diplomatic functions, and foreign-invested enterprises 1. For econo1nic organizations and overseas Vietnamese using non-agricultural land which is not residential land or land of cemeteries or graveyards, when the State recovers land, if they © Vietnam Law and Legal F ornm Issue nos 01-04/January 2014 OFFICIAL GAZETTE 57 are eligible for compensation as prescdbed inAlticle 75 of this Law, they shall be compensated with land having the same land use purpose. In case that land is not available for compensation, they shall be compensated with money calculated based on the remaining land use tenn. 2. Economic organizations using land allocated for constmction of cemeteries or graveyards as prescdbed in Clause 4, Alticle 55 of this Law, or joint ventures using non-agricultural land that is not residential land as a result of receipt of land use lights contributed as capital as prescribed in Alticle 184 of this Law, shall be compensated for land according to the Government's regulations when the State recovers the land. 3. For economic organizations, self-financed public non-business organization, overseas Vietnamese, foreign organizations with diplomatic functions , and foreign-invested enterprises using non-agricultural land which is leased with full one-off rental payment for the entire lease period, if they are eligible for compensation as prescribed in Article 7 5 of this Law when the State recovers land, they shall be compensated for land according to the remaining land use te1m. 4. Economic organizations, self- financed public non-business organization, overseas Vietnamese, foreign organizations with diplomatic functions, and foreign-invested enterpdses using non-agricultural land which is leased by the State with annual rental payment shall be compensated for the remaining investment costs on land upon land recove1y by the State. 5. For communities and religious instin1tions using non-agriculniral land, if they are eligible for compensation as prescribed inAlticle 75 of this Law when the State recovers land, they shall be compensated for land in accordance with the Government's regulations. Article 82. Cases in which compensation for land is not made upon land recove1y by the State The State shall recover land without compensation for land in the following cases: 1. The cases specified in Clause 1, Alticle 7 6 of this Law; 2. Land which is allocated by the State for management; 3. Land which is recovered as prescribed in Alticle 64 and at Points a, b, c and d, Clause 1, A1ticle 65 of this Law; 4. Cases that are not eligible for a ce1tificate of land use rights and ownership of houses and other land-attached assets in accordance with this Law, except the cases prescribed in Clause 2, A1ticle 77 of this Law. ©Vietnam Law and Legal Fomm 58 OFFICIAL GAZETTE Issue nos 01-04/January 2014 Article 83. Suppo1t upon land recove1y by the State 1. Plinciples of suppo1t upon land recove1y by the State: a/ Upon land recovery by the State, in addition to receiving compensation in accordance with this Law, land users shall also be considered for receiving suppo1t from the State; b/ The suppo1t must ensure impartiality, equality, publicity, timeliness and lawfulness. 2. The suppo1t upon land recove1y by the State includes: a/ Suppo1t for stabilizing livelihood and production; b/ Suppo1t for training, occupation change and job seeking for cases of recove1y of agriculniral land from households and individuals directly engaged in agricultural production, or of recove1y of land which is a combination between residential land and land for trading and services of households and individuals that have to be relocated; c/ Suppo1t for resettlement in case of recove1y of land from households, individuals and overseas Vietnamese who have to be relocated; d/ Other suppo1t. 3. The Government shall detail this Alticle. Article 84. Suppo1t for vocational training, occupation change and job seeking for households and individuals upon land recove1y by the State 1. For households and individuals directly engaged in agi·icultural production, when the State recovers agriculniral land and there is no agricultural land available for compensation, in addition to receiving compensation in money, they are entitled to support for vocational training, occupation change and job seeking. In case the people who are entitled to suppo1t for vocational training, occupation change or job seeking are of working age and have need for vocational training, they may be admitted to vocational training centers, receive counseling on job seeking and preferential loans to develop production and business. 2. Households and individuals using residential land in combination with trading and services in which the main source of income delives from trading and se1vices, and need to be relocated when the State recovers land, are entitled to preferential loans to develop production and business. Those whose land is recovered and who are of working age are entitled to suppo1t for vocational training, occupation change and job seeking. 3. Based on the annual distlict-level land use plans, provincial- and district-level People's Committees shall make and implement plans for vocational training, occupation change and job © Vietnam Law and Legal F ornm Issue nos 01-04/January 2014 OFFICIAL GAZETTE 59 seeking for those whose recovered land is agiicultural land or residential land in combination with trading and services. Plans for vocational training, occupation change and job seeking shall be developed and approved concmTently with plans for compensation, suppo1t and resettlement. Dming the process of making plans for vocational training, occupation change and job seeking, provincial- and distiict-level People's Committees shall organize consultations with, and give explanation and assimilate opinions from, people whose land is recovered. Article 85. Fo1mulation and implementation of resettlement projects 1. Provincial- and district-level People's Committees shall develop and implement the resettlement projects before conducting the land recove1y. 2. In the concentrated resettlement areas, infrastmcture must be developed synchronously, ensuring constmction standards and regulations and confo1mity with the conditions, customs and practices of each region and area. 3. Land recove1y can only be conducted after the constmction of houses and infrastmcnire in the resettlement area is completed. 4. The Government shall detail this Alticle. Article 86. Resettlement aITangement for those whose land is recovered and who need to be relocated 1. The organization in charge of compensation and ground clearance which is assigned by the provincial- and district-level People's Committees to aITange resettlement shall notify those whose land is recovered and who need to be relocated of the tentative resettlement a1nngement plan and post up the plan at the offices of the commune-level People's Committee, at common public places of the residential areas of which land is recovered and at resettlement areas for at least 15 days before competent state agencies approve the plan. The contents of the notification include the location and area of resettlement land and resettlement houses, design and area of each land lot or apaitment, prices of resettlement land and resettlement houses, and the tentative plan for resettlement a1rnngement for those whose land is recovered. 2. People whose land is recovered shall be resettled in the same place if the resettlement projects are developed or conditions for resettlement ainngement exist in the recovered area. Convenient locations are piioiitized for those who hand over the recovered land early or people with meritoiious services to the revolution. ©Vietnam Law and Legal Fomm 60 OFFICIAL GAZETTE Issue nos 01-04/January 2014 The approved plan for resettlement arTangement must be publicized at the office of the commune-level People's Committee and at common public places of the residential areas of which land is recovered. 3. The specific land price used to calculate land use levy at resettlement areas and the sale price ofresettlement houses shall be determined by the provincial-level People's Committee. 4. In case people having land recovered are resettled while the amount of compensation and support is not enough to buy the minimum resettlement plot, the State shall make up the deficit. The Government shall specify the minimum resettlement plot in conformity with specific conditions of each region, area and locality. Article 87. Compensation, support and resettlement for special cases 1. For investment projects that are decided by the National Assembly or approved in principle by the Prime Minister and require relocation of all population in the community, affecting all the livelihood, socio-economic activities, and culnrral traditions of the community, and for projects of which the recovered land is located in several provinces and centrally nm cities, the Prime Minister shall decide on the policy framework for compensation, support and resettlement. 2. For projects using loans from international or foreign organizations for which Vietnam has com1nitted to a policy framework for compensation, support and resettlement, that framework policy shall apply. 3. For the cases prescribed at Points dd and e, Clause 1, Article 65 of this Law, people whose land is recovered are entitled to compensation, support and resettlement to stabilize their livelihood and production in accordance with the Government's regulations. Section 3 COMPENSATION FOR DAMANGE TO ASSETS, PRODUCTION AND BUSINESS Article 88. Principles of compensation for damage to assets and damage inc1med due to stopped production and business upon land recovery by the State 1. Ifland-attached assets are damaged upon land recovery by the State, lawful owners of those assets are entitled to compensation. 2. Upon the land recovery by the State, if organizations, households, individuals, overseas Vietnamese or foreign-invested enterprises have to stop production and business which causes them damage, they are entitled to compensation for the damage. © Vietnam Law and Legal F ornm Issue nos 01-04/January 2014 OFFICIAL GAZETTE 61 Article 89. Compensation for damage to houses and constmction facilities on land upon the land recove1y by the State 1. For houses and land-attached residential constrnction facilities of households, individuals or overseas Vietnamese which are wholly or pa1tially dismantled upon land recove1y by the State while the remaining pa1t does not meet technical standards as presctibed by law, their owners are entitled to compensation equivalent to the value of new houses and constmction facilities with equivalent technical standards. If the remaining part of the houses and construction facilities still meets the technical standards as prescribed by law, the compensation must be made based on the actual damage. 2. For houses and other land-attached constmction facilities not falling into the case specified in Clause 1 of this Alticle, which are wholly or pa1tially dismantled upon land recove1y by the State while the remaining pa1t does not meet technical standai·ds as prescribed by law, their owners are entitled to compensation for the damage in accordance with the Government's regulations. 3. For land-attached technical infrasuucnire and social infrast111cture cunently in use and not falling into the cases specified in Clauses 1 and 2 of this Alticle, the compensation amount is equivalent to the value of new constmction facilities with equivalent technical standards presctibed by specialized law. Article 90. Compensation for plants and livestock 1. In case the land recove1y by the State causes damage to plants, the compensation shall be made according to the following provisions: a/ For annual crops, the compensation must be equal to the output value of the harvest. The output value of the harvest is the highest yield of the harvests in the preceding 3 years of the local main crop and the average price at the time of land recove1y; b/ For perennial crops, the compensation must be equal to the cmTent value of the planting area calculated in local prices at the time of the land recove1y, excluding the value of land use rights; c/ For plants which have not been harvested yet but can be brought to another location, the transportation cost and the actual damage due to the transportation and re-planting must be compensated; d/ For planted forests funded by the state budget and for natural forests allocated to organizations, households and individuals for planting, management, growing or protection, the value of the actual damage must be compensated. The compensation amount must be divided to those who manage, grow and protect the forests in accordance with the law on forest protection and development. © Vietnam Law and Legal F 01um 62 OFFICIAL GAZETTE Issue nos 01-04/January 2014 2. In case land recove1y by the State causes damage to aquatic livestock, the compensation must be made according to the following provisions: a/ For aquatic livestock which are due to be harvested at the time of land recove1y, no compensation must be made; b/ For aquatic livestock which are not due to be harvested at the time of land recove1y, the actual damage due to the early harvest must be compensated. In case the aquatic livestock can be brought to another location, the transportation cost and the damage caused by the transportation must be compensated. The specific compensation amount must be dete1mined by provincial-level People's Committees. Article 91. Compensation for transportation costs upon land recove1y by the State 1. Upon land recove1y by the State, people whose assets need to be moved shall be compensated for the cost of dismantlement, transpo1tation and installation. In case of moving machine1y or production lines, the damage caused dming the process of dismantlement, transpo1tation and installation must also be compensated. 2. Provincial-level People's Committees shall presclibe the compensation amount mentioned in Clause 1 ofthis A1ticle. Article 92. Cases ineligible for compensation for land-attached assets upon land recove1y by the State 1. Land-attached assets falling into any of the cases ofland recove1y specified at Points a, b, d, dd, e and i, Clause 1, Alticle 64, and at Points band d, Clause 1, Alticle 65 of this Law. 2. Land-attached assets which are illegally created or created after the notice ofland recovery by a competent state agency takes effect. 3. Technical infrastmcture, social infrastmcture and other constmction facilities which are no longer in use. Article 93. Payment of compensation, support and resettlement money 1. Within 30 days after the decision on the land recove1y by a competent state agency takes effect, agencies and organizations in charge of compensation shall pay compensation and suppo1t to people whose land is recovered. 2. If agencies and organizations in charge of compensation delay the payment, in addition to the compensation and suppo1t prescribed in approved plans for compensation, suppo1t and © Vietnam Law and Legal F ornm Issue nos 01-04/January 2014 OFFICIAL GAZETTE 63 resettlement, people whose land is recovered are entitled to an amount equivalent to the late payment interest in accordance with the Law on Tax Administration calculated based on the lmpaid amount and the delayed period. 3. In case people whose land is recovered do not receive the compensation and suppo1t presctibed in approved plans for compensation, suppo1t and resettlement, this compensation and support must be deposited in the tempora1y custody account of the State Treasmy. 4. For land users who are entitled to compensation upon land recove1y by the State but have not fulfilled land-related financial obligations as presctibed by law, the amount of these financial obligations must be deducted from the compensation amount and paid back to the state budget. 5. The Government shall detail this Alticle. Article 94. Compensation for land within safety conidors upon constmction of facilities with safety conidors When the State constmcts public, national defense or security facilities with safety conidors without recovering the land located within the safety conidors, the land users are entitled to compensation for the damage caused by limited land use and for the damage to land-attached assets in accordance with the Government's regulations. Chapter VII LAND REGISTRATION, GRANT OF CERTIFICATES OF LAND USE RIGHTS AND OWNERSHIP OF HOUSES AND OTHER LAND-ATTACHED ASSETS Section 1 REGISTRATION OF LAND, HOUSES AND OTHER LAND-ATTACHED ASSETS Article 95. Registration of land, houses and other land-attached assets 1. Land registration is compulso1y for land users and people who are allocated land for management. Registration of ownership of houses and other land-attached assets is conducted at the request of the owner. 2. Registration of land, houses and other land-attached assets includes the first registration and change registration which are conducted at the land registration organization under the land administration agency, in the fo1m of paper or electronic registration, which are of the same legal validity. © Vietnam Law and Legal F 01um 64 OFFICIAL GAZETTE 3. First registration is conducted in the following cases: a/ The land parcel is allocated or leased for use; b/ The land parcel is in use but not registered yet; Issue nos 01-04/January 2014 c/ The land parcel is allocated for management but not registered yet; d/ The houses and other land-attached assets are not registered yet. 4. Change registration is conducted in the cases in which the ce1tificates have been granted or change occurs after the first registration as follows: a/ The land user or the owner of land-attached assets exercises the right to exchange, transfer, lease, sublease, inherit, donate land use rights or land-attached assets; mo1tgage or contribute as capital land use rights or land-attached assets; b/ The land user or the owner of land-attached assets is allowed to change his/her name; c/ There is a change in the shape, dimension, area, number and address of the land parcel; d/ There is a change in land-attached assets compared with the registered contents; dd/ There is a change of land use purpose; el There is a change of land use tenn; g/ There is a change from land lease with annual rental payment to land lease with one-off rental payment for the entire lease period, from land allocation without land use levy to land lease, or from land lease to land allocation with land use levy in accordance with this Law; h/ Land use rights or the ownership of houses and other land-attached assets of the wife or husband is conve1ted the joint land use rights and ownership of houses and other land-attached assets of both husband and wife; i/ The joint land use rights and ownership of houses and other land-attached assets of the organization or the household, of both husband and wife, of joint land users group and joint owners of land-attached assets are split; k/ There is a change in land use rights or ownership of houses and other land-attached assets as a result of the successful conciliation of land disputes which is confumed by a competent People's Committee, the agreement in the mo1tgage contract to settle the debt, the decision of a competent state agency on settlement of land dispute, complaint and denunciation, the decision or judgment of a People's Comt, the decision on enforcement of the enforcement board which has been implemented, or the document recognizing the result of the auction of land use rights in accordance with law; © Vietnam Law and Legal F ornm Issue nos 01-04/January 2014 OFFICIAL GAZETTE 65 1/ The limited use lights to the adjacent land parcel are established, changed or terminated; ml There is a change in the limitations on the rights of land users. 5. Land users and owners ofland-attached assets who have declared and registered are recorded in the cadast:ral book and granted a ce1tificate of land use lights and ownership of houses and other land-attached assets if they so request and a:re eligible in accordance with this Law and other relevant laws. In case of change registration, land users are granted a ce1tificate of land use lights and ownership of houses and other land-attached assets, or have the change certified in the granted ce1tificate. In case of first registration, if land users are ineligible for a certificate of land use rights and ownership of houses and other land-attached assets, they may use land temporarily until the State issues a handling decision on the issue in accordance with Government's regulations. 6. For the cases of change registration specified at Points a, b, h, i, k and I, Clause 4 of this A1ticle, land users shall pe1fo1m the procedures for change registration within 30 days from the date of the change. In case of inheritance, this period is calculated from the date the inherited land use rights a:re divided. 7. The registration of land and land-attached assets takes effect on the date of registration in the cadastral book. Article 96. Cadastral records 1. Cadastral records include paper or digital documents which show detailed info1m ation on each land parcel, people assigned to manage the land, the land user, the owner of any land-attached asset, land use rights and changes of land use lights, and the ownership of land-attached assets. 2. The Minister of Natural Resources and Environment shall presc1ibe cadastral records, the establishment, editing and management of cadastral records, and provide a roadmap for change from paper to digital cadastral records. Section 2 GRANT OF THE CERTIFICATE OF LAND USE RIGHTS AND OWNERSHIP OF HOUSES AND OTHER LAND-ATTACHED ASSETS Article 97. Ce1tificates of land use rights and ownership of houses and other land-attached assets 1. A certificate of land use lights and ownership of houses and other land-attached assets is granted to those who have land use rights and the ownership of houses and other land-attached assets, which is made according to a single fo1m used nationwide. ©Vietnam Law and Legal Fo1ll1Il 66 OFFICIAL GAZETTE Issue nos 01-04/January 2014 The Minister of Natural Resources and Environment shall issue specific regulations on the certificate of land use rights and ownership of houses and other land-attached assets. 2. The ce1tificate ofland use lights, the ce1tificate of house ownership and residential land use rights, the ce1tificate of house ownership and the certificate of constrnction facilities ownership which have been granted in accordance with the land law, housing law or constrnction law before December 10, 2009, remain legally valid and are not required to be changed to the ce1tificate of land use rights and ownership of houses and other land-attached assets. In case those who were granted a certificate before December 10, 2009, want to change the ce1tificate, they shall be granted the certificate ofland use rights and ownership of houses and other land-attached assets in accordance with this Law. Article 98. Principles of grant of ce1tificates of land use lights and ownership of houses and other land-attached assets 1. The ce1tificate of land use rights and ownership of houses and other land-attached assets shall be granted for each land parcel. Land users who are using several agricultural land parcels in the same commune, ward or township, shall be granted one ce1tificate for all parcels at their request. 2. For a land parcel which is used by several land users or for the houses and other land-attached assets which are owned by several owners, the names of all involved persons shall be recorded in the ce1tificate, and each person shall be granted one ce1tificate. At the request of the land users or owners, only one ce1tificate may be granted to all of them and delivered to the representative. 3. Land users or owners of houses and other land-attached assets shall be granted a ce1tificate ofland use rights and ownership of houses and other land-attached assets after they have fulfilled the financial obligations as presclibed by law. In case the land users or owners of houses and other land-attached assets do not have to fulfill financial obligations or are exempted from financial obligations or allowed to owe the financial obligations and in case the land is leased with annual rental payment, they may receive the ce1tificate of land use rights and ownership of houses and other land-attached assets right after the certificate is granted by a competent agency. 4. In case land use rights, or land use rights and the ownership of houses and other land attached assets, or the ownership of houses and other land-attached assets are/is the joint prope1ty of husband and wife, the full names of both husband and wife must be recorded in the ce1tificate of land use rights and ownership of houses and other land-attached assets, unless husband and wife agree to record the full name of only one person. © Vietnam Law and Legal F ornm Issue nos 01-04/January 2014 OFFICIAL GAZETTE 67 In case land use lights, or land use lights and the ownership of houses and other land-attached assets, or the ownership of houses and other land-attached assets are/is the joint property of husband and wife and the granted ce1tificate only records the full name of the husband or wife, a new ce1tificate which records the full names of both husband and wife may be granted if requested. 5. If there is a difference in the area between the actual surveyed data with data recorded on the documents as prescribed in Alticle 100 of this Law or in the granted ce1ti:ficate while the boundaries of the land parcel in use have not changed compared with the boundaries of the land parcel at the time of receiving the document on land use rights and there is no dispute with the adjacent land users, the land area is detennined in accordance with the actual surveyed data for granting or changing the ce1ti:ficate. Land users do not have to pay land use levy for the positive balance in area, if any. In case of resurvey and the boundaries of the land parcel change compared with the boundaries of the land parcel at the time of receiving the document on land use rights and the surveyed area is larger than the area recorded in that document, the balance area (if any) may be considered for the grant of a certificate of land use rights and ownership of houses and other land-attached assets in accordance withA1ticle 99 of this Law. Article 99. Cases of land use to be granted a ce1tificate of land use lights and ownership of houses and other land-attached assets 1. The State shall grant a ce1tificate of land use rights and ownership of houses and other land-attached assets for the following cases: a/ Cunent land users who are eligible to be granted a ce1tificate of land use lights and ownership of houses and other land-attached assets in accordance with Alticles 100, 101 and 102 of this Law; b/ People who are allocated land or leased land by the State from the date this Law talces effect; c/ People who are allowed to exchange, acquire, inherit, receive land use lights as a donation, or receive land use rights contributed as capital, or to receive land use rights upon settlement of contracts on mortgage with land use rights to recover debts; d/ People who are entitled to use land as a result of the successful conciliation ofland disputes, a judgment or decision of the People's Comt, a judgment enforcement decision of the judgment enforcement agency, or a decision on settlement of land disputes, complaints or denunciations of a competent state agency, which has been executed; ©Vietnam Law and Legal Fomm 68 OFFICIAL GAZETTE Issue nos 01-04/January 2014 dd/ People who win an auction of land use rights; e/ People who use land in industrial parks, industiial parks, export processing zones, hi-tech zones or economic zones; g/ People who buy houses and other land-attached assets; h/ People who buy houses attached to residential land liquidated by the State or buy state owned houses; ii People who use split or consolidated land parcels; a group of land users or members of a household, husband and wife, organizations using land who split or consolidate the existing land use rights; k/ Land users who request change or re-grant of a lost ce1tificate. 2. The Government shall detail this Alticle. Article 100. Grant of the ce1tificate of land use rights and ownership of houses and other land-attached assets to households, individuals and communities that are using land and have documents on land use rights 1. Households and individuals that are using land stably and have one of the following documents shall be granted a ce1tificate of land use rights and ownership of houses and other land-attached assets without having to pay land use levy: a/ The documents on land use rights before October 15, 1993, which were granted by a competent agency in the process of implementing the land policy of the Democratic Republic State of Vietnam, the Provisional Revolutionary Government of the Republic of South Vietnam or the Socialist Republic of Vietnam; b/ Temporary ce1ti:ficates of land use rights granted by competent state agencies, or having their names recorded in the Land Register Book or Cadasti·al Book before October 15, 1993; c/ Lawful papers on inheritance or donation of land use rights or land-attached assets, documents on hand-over of land-attached gratitude house or charity house; di The document on the transfer of land use rights or purchase of residential land-attached houses before October 15, 1993, and such houses were ce1ti:fied as being used before October 15, 1993, by the commune-level People's Com1nittee; dd/ The document on liquidation of residential land-attached houses by the State or document on purchase of a state-owned house in accordance with law; e/ The document on land use rights issued by a competent authority of the fo1mer regime to land users; © Vietnam Law and Legal F ornm Issue nos 01-04/January 2014 OFFICIAL GAZETTE 69 g/ Other documents issued before October 15, 1993, in accordance with the Government's regulations. 2. Households and individuals that are using the land and have one of the documents specified in Clause 1 of this Article beating the names of other people accompanied by the documents on transfer of land use rights signed by the related patties, but have not perfo1med the procedures for the transfer of land use rights in accordance with law prior to the effective date of this Law, and there is no dispute on that land, shall be granted a certificate ofland use rights and ownership of houses and other land-attached assets without having to pay land use levy. 3. Households and individuals that are allowed to use land pursuant to a decision or a judgment of the People's Court, a judgment enforcement decision of a judgment enforcement agency, a document recognizing results of the successful conciliation or a decision of a competent state agency on settlement ofland disputes, complaints or denunciations which was executed, shall be granted a ce1tificate of land use rights and ownership of houses and other land-attached assets. In case they have not fulfilled their financial obligations, they shall fulfill those obligations in accordance with law. 4. Households and individuals using land that is allocated or leased by the State from October 15, 1993, to the effective date of this Law and have not been granted a certificate, shall be granted a ce1tificate of land use rights and ownership of houses and other land-attached assets. In case they have not fulfilled their financial obligations, they shall fulfill those obligations in accordance with law. 5. Communities using land with communal houses, temples, shrines, he1mitages, worship halls or ancestral temples; agiicultural land prescribed in Clause 3, Article 131 of this Law, and that land is dispute-free and is certified as the land used commonly by the community by the commune-level People's Committee, shall be gi·anted a ce1tificate ofland use rights and ownership of houses and other land-attached assets. Article 101. Grant of a certificate ofland use rights and ownership of houses and other land attached assets to households and individuals that are using land and have no documents on land use rights 1. Households and individuals using the land prior to the effective date of this Law and having none of documents prescribed in Article 100 of this Law that have a book of status of pe1manent residence in the locality and are directly engaged in agi·iculture, forestry, aquaculture or salt production in areas with difficult socio-economic conditions or especially difficult socio-economic conditions, and are certified by the commune-level People's Committee that the land has been used stably and dispute-free, shall be granted a certificate of land use rights and ownership of houses and other land-attached assets without having to pay land use levy. ©Vietnam Law and Legal Fo1um 70 OFFICIAL GAZETTE Issue nos 01-04/January 2014 2. Households and individuals using land and having none of documents prescribed in Article 100 of this Law that have used land stably before July 1, 2004, with no violations of the land law and such land is ce1tified by the commune-level People 's Committee as dispute-free and confonnable with the land use master plan, detailed urban construction master plan and master plan on construction of rural residential areas approved by competent state agencies, shall be granted a certificate ofland use lights and ownership of houses and other land-attached assets. 3. The Government shall detail this Alticle. Article 102. Grant of a certificate ofland use rights and ownership of houses and other land attached assets to organizations and religious institutions that are using land 1. Organizations using land shall be granted a ce1tificate of land use rights and ownership of houses and other land-attached assets for the land area which is used for proper purposes. 2. The land area used by organizations which is not covered in the ce1tificate ofland use rights and ownership of houses and other land-attached assets is settled as follows: a/ The State shall recover land which is not used, is used improperly, is bonowed or leased illegally, is encroached or occupied; b/ Organizations shall hand over the land area which was used as residential land to the district-level People's Committee for management. In case that residential land is in accordance with the land use master plan approved by a competent state agency, the land users are entitled to be granted a ce1tificate of land use rights and ownership of houses and other land-attached assets. In case a state enterprise engaged in agriculture, forestry, aquaculture or salt production is allocated land and lets households and individuals use part of that land for residential purpose before July 1, 2004, that enterprise shall make a plan for reanangement of such residential area into a residential qua1ter and submit it to the provincial-level People's Committee for approval before handing over the land to the locality for management. 3. For organizations using leased land as prescribed inAiticle 56 of this Law, the provincial level land adminisu·ation agency shall perfo1m the procedures to sign the land lease conu·act before granting a ce1tificate of land use rights and ownership of houses and other land-attached assets. 4. Religious instin1tions using land shall be granted a ce1tificate ofland use lights and ownership of houses and other land-attached assets if they fully meet the following conditions: a/ Being licensed to operate by the State; b/ The land is dispute-free; © Vietnam Law and Legal Forum Issue nos 01-04/January 2014 OFFICIAL GAZETTE c/ The land is not acquired via transfer or donation after July 1, 2004. 5. The Government shall detail this Alticle. 71 Article 103. Detennination of residential land area with respect to land with ponds and gardens 1. In order to be considered as residential land with gardens and ponds of households or individuals must be located within a land parcel with existing houses. 2. If a land parcel with gardens and ponds was fo1med before December 18, 1980, and the land user possesses one of the documents on land use rights as prescribed in Clauses 1, 2 and 3, Alticle 100 of this Law, the area of residential land shall be dete1mined in accordance with such documents. In case the residential area is not indicated clearly in documents on land use rights prescribed in Clauses 1, 2 and 3 of Alticle 100 of this Law, the residential land area to be recognized without land use levy must not exceed 5 times the land allocation quota prescribed in Clause 2, Alticle 143, and Clause 4, Alticle 144 of this Law. 3. If a land parcel with gardens and ponds was fonned in the period from December 18, 1980, to before July 1, 2004, and the land user possesses one of the documents on land use rights as prescribed in Alticle 100 of this Law and the land area is indicated clearly in those documents, the residential land area shall be dete1mined according to those documents. 4. If a land parcel with gardens and ponds was fo1med in the period from December 18, 1980, to before July 1, 2004, and the land user possesses one of the documents on land use rights as prescribed inAlticle 100 of this Law and the land area is not indicated clearly in those documents, the residential land area shall be dete1mined as follows: a/ The provincial-level People's Committee shall, based on the local conditions and customs, prescribe the residential land recognition quota for each household in accordance with local customs and the number of people in the household; b/ If the land parcel is larger than the prescribed residential land recognition quota of the locality, the residential land area shall be detennined equal to the residential land recognition quota of the locality; c/ If the land parcel is smaller than the prescribed residential land recognition quota of the locality, the residential land area must be detennined as the whole area of the land parcel. 5. In case there are no documents on land use rights as prescribed in Alticle 100 of this Law, and the land has been used stably since before October 15, 1993, the residential land area shall be dete1mined under Clause 4 of this Alticle. In case the land has been used stably from October © Vietnam Law and Legal F 01um 72 OFFICIAL GAZETTE Issue nos 01-04/January 2014 15, 1993, the residential land area shall be dete1mined in accordance with residential land area allocated to each household or individual as presclibed in Clause 2, Al.tide 143, and Clause 4, Al.tide 144 of this Law. 6. After the residential land area is dete1mined under Clauses 2, 3, 4 and 5 of this Al.tide, the remaining land area with gardens and ponds shall be used for the cmTent land use purpose lmder Clause 1, A1ticle 10 of this Law. 7. The Government shall detail this Al.tide. Article 104. Grant of a ce1tificate for land-attached assets 1. Land-attached assets to be granted a ce1ti:ficate of land use rights and ownership of houses and other land-attached assets include houses, other constrnction facilities, production forests which are planted forests, and perennial crops existing at the time the ce1ti:ficate ofland use rights and ownership of houses and other land-attached assets is granted. 2. The grant of a ce1tificate ofland use rights and ownership of houses and other land-attached assets for land-attached assets must comply with the Government's regulations. Article 105. Competence to grant certificates ofland use rights and ownership of houses and other land-attached assets 1. Provincial-level People 's Committees shall grant certificates of land use rights and ownership of houses and other land-attached assets to organizations, religious institutions, overseas Vietnamese, foreign-invested enterprises which implement investment projects, and foreign organizations with diplomatic functions. Provincial-level People's Committees may autholize the agency in charge of natural resources and enviromnent of the same level to grant the ce1tificates of land use rights and ownership of houses and other land-attached assets. 2. District-level People's Committees shall grant the ce1tificates of land use rights and ownership of houses and other land-attached assets to households, individuals and communities, and to overseas Vietnamese that are eligible to own house associated with land use rights in Vietnam. 3. For the subjects that were granted a ce1ti:ficate, a ce1ti:ficate of houses ownership or a ce1tificate of constrnction facilities ownership, and execute the rights of land users or owners of land-attached assets or apply for the renewal or re-grant of the ce1ti:ficate, the certificate of houses ownership or the ce1tificate of constrnction facilities ownership, the agency in charge of natural resources and environment shall handle in accordance with the Government's regulations. © Vietnam Law and Legal F 01um Issue nos 01-04/January 2014 OFFICIAL GAZETTE 73 Article 106. CotTection and withdrawal of existing ce1tificates 1. The state agencies which have the competence to grant the ce1tificate shall cotTect the granted ce1tificates which bear the following etTors: a/ There is wrong inf 01mation on the name, the papers on legal status or personal identity, in the address of the land user or owner of land-attached assets as compared with the papers on legal status or personal identity at the time of grant of the ce1tificate to such person; b/ There is wrong info1mation on the land parcel, land-attached assets as compared with the registration application dossier on land and land-attached assets which have been inspected and certified by the land registration agency. 2. The State may withdraw a granted ce1tificate in the following cases: a/ The State recovers the whole land area indicated on the granted ce1tificate; b/ The granted ce1tificate is renewed; c/ The land user or owner of the land-attached assets registers for a change of land or land attached assets for which a new ce1tificate of land use rights and ownership of houses and other land-attached assets must be granted; d/ The existing ce1tificate was granted ultra vires, to an improper land user, for a wrong land area, without sufficient conditions, for improper land use purpose or land use te1m or land use origin as prescribed by the land law, except for the case in which the person for whom the ce1tificate is granted has transfetTed land use rights or ownership of land-attached assets in accordance with the land law. 3. The withdrawal of a granted ce1tificate for the cases prescribed at Point d, Clause 2 of this A1ticle shall be decided by the agency having the competence to grant the ce1tificate of land use rights and ownership of houses and other land-attached assets as prescribed inAlticle 105 of this Law based on the conclusion of the inspection agency at the same administrative level, or based on the effective document issued by a competent state agency on land dispute settlement. Chapter VIII LAND FINANCE, LAND PRICE AND AUCTIONS OF LAND USE RIGHTS Section 1 LAND FINANCE Article 107. Financial revenues from land 1. Financial revenues from land include: © Vietnam Law and Legal F 01um 74 OFFICIAL GAZETTE Issue nos 01-04/January 2014 a/ Land use levy upon land allocation by the State with land use levy, pe1mission for change of land use purpose, or recognition of land use rights with land use levy; b/ Land rental upon land lease by the State; c/ Land use tax; d/ Income tax on transfer of land use rights; dd/ Revenue from sanction of administrative violations of the land law; e/ Indemnification to the State for damage caused during land management and use; g/ Charges and fees in land management and use. 2. The Government shall prescribe in detail the collection of land use levy and land rental, sanctioning of administrative violations of the land law, and indemnification to the State for damage caused during land management and use. Article 108. Bases and time for calculation ofland use levy and land rental 1. Bases for calculation of land use levy include: a/ The land area which is allocated, pennitted for change of land use purpose, or of which land use rights are recognized; b/ The land use purpose; c/ The land price as prescribed inAiticle 114 of this Law; in case of auction of land use rights, the land price is the winning price. 2. Bases for calculation of land rental include: a/ The area of leased land; b/ The land lease tenn; c/ The unit price for land lease; in case of auction of land lease rights, the land rental is the winning unit price; d/ Types of land lease, including annual rental payment or full one-off rental payment for the entire lease period. 3. The time for calculation of land use levy or land rental is the time when the State decides on the land allocation or land lease, pe1mits change of land use purpose, or recognizes land use rights. Article 109. Payment of land use levy or land rental upon change of land use purpose or extension of land use tenn © Vietnam Law and Legal F ornm Issue nos 01-04/January 2014 OFFICIAL GAZETTE 75 1. Upon change ofland use purpose as prescribed at Points d, dd, e and g, Clause 1, Alticle 57 of this Law, land users shall pay land use levy or land rental in accordance with the fo llowing provisions: a/ Payment of land use levy or the full one-off rental payment for the entire lease period which is the difference between the land use levy or land rental after and before the change of the land use purpose; b/ Payment of annual rental payment based on the type of land after the change of the land use purpose. 2. When the land use tennis extended and the land user is obliged to pay land use levy or land rental, the land user shall fulfill their financial obligations for the extended land use term. 3. The Government shall detail this Alticle. Article 110. Exemption from and reduction of land use levy or land rental 1. The exemption from and reduction of land use levy or land rental apply in the following cases: a/ Using land for production and business purposes in sectors or geographical areas that are given investment preferences in accordance with the investment law, except for investment projects on constrnction of commercial houses; b/ Using land for implementation of policies on houses and residential land for the people with meritorious services to the revolution, for poor households, for households and individuals of ethnic minorities living in areas with especially difficult socio-economic conditions, in bordering areas or on islands; using land for social housing constrnction in accordance with the housing law; residential land for people who have to be relocated when the State recovers land due to the risks threatening humans life; c/ Using agriculnrral land by households and individuals of ethnic minorities; d/ Using land for construction of non-business facilities of public non-business organization; dd/ Using land for construction of infrastructure of airports, airfields and facilities to provide air services; e/ Using land for construction of offices , drying grounds and warehouses; service facilities directly serving agriculture, forestry, aquaculnrre or salt production for agriculnrral cooperatives; g/ Other cases as prescribed by the Government. 2. The Government shall detail this Alticle. ©Vietnam Law and Legal Forum 76 OFFICIAL GAZETTE Issue nos 01-04/January 2014 Article 111. Land development fund 1. The land development ftmd of a locality shall be established by the provincial-level People's Committee or entrusted to the Fund for development investment or other financial funds of the locality to advance capital for compensation, ground clearance or creation of land fund in accordance with land use master plans and plans approved by competent state agencies. 2. The financial sources for the land development fund shall be allocated from the State budget and other mobilized sources in accordance with law. 3. The Government shall detail this Alticle. Section 2 LAND PRICE Article 112. Principles and methods of land valuation 1. Land valuation must abide by the following principles: a/ Based on the lawful land use purpose at the time of land valuation; b/ Based on the land use te1m; cl Being suitable with the popular market price of transfened land with the same land use purpose, or winning price in auctions of land use rights in case of organizing auctions of land use rights, or the income earned from land use; d/ At a time, the adjacent land parcels with the same land use purpose, profitability and income earned from land use have the same price. 2. The Government shall prescribe land valuation methods. Article 113. Land price frames The Government shall promulgate land price frames once eve1y 5 years for each type ofland and for each region. During the implementation of land price frames, if the popular price in the market increases 20% or more over the maximum price or reduces 20% or more below the minimum price prescribed in land price frames, the Government shall adjust land price frames accordingly. Article 114. Land price tables and specific land p1ices 1. Based on the principles, methods of land valuation and land price frames, provincial-level People's Com1nittees shall develop and submit the land price tables to the People's Councils of the same level for review before promulgation. Land price tables shall be developed once eve1y 5 years and publicized on January 1 of the beginning year of the period. © Vietnam Law and Legal F 01um Issue nos 01-04/January 2014 OFFICIAL GAZETTE 77 Dming the implementation ofland pdce tables, when the Government adjusts land pdce frames or there are changes in popular land price in the market, provincial-level People's Committees shall adjust land pdce tables accordingly. At least 60 days before submitting the land pdce tables to the People's Council of the same level for review, the provincial-level People's Committee shall send the draft land pdce tables to agencies in charge of developing land pdce frames for consideration. In case of big difference in land pdces at bordering locations among provinces and centrally nm cities, this difference must be repo1ted to the Prime Minister for decision. 2. Land pdce tables shall be used as a basis for the following cases: a/ Calculation of land use levy when the State recognizes land use rights of households and individuals for land areas within land use quotas, or pe1mits change of land use purpose from agricultural land or non-agricultural land which is non-residential land to residential land for land areas within land allocation quotas applied to households and individuals; b/ Calculation of land use tax; c/ Calculation of charges and fees in land management and use; d/ Calculation of fines for administrative violations in the field of land; dd/ Calculation of indemnification paid to the State for damage caused in land management and use; e/ Valuation of land use rights paid to the people who voluntarily return land to the State in case the renuned land is allocated with land use levy, recognized ofland use lights with land use levy, or leased land with full one-off rental payment for the entire lease period by the State. 3. Provincial-level People's Committees shall decide on specific land pdces. The provincial level land administration agency shall assist the provincial-level People's Committee in the dete1mination of specific land prices. During the implementation, the provincial-level land administration agency may hire organizations having consultancy functions for advising on the dete1mination of specific land prices. The dete1mination of specific land prices must be based on the investigation, collection of info1mation about land parcels, market land price and inf 01mation on land price in the land database, and based on suitable valuation methods. Based on the consultation on land price, the provincial-level land administration agency shall submit the specific land price to the council for land price appraisal for consideration before submitting it to the People's Council of the same level for decision. ©Vietnam Law and Legal Fo1um 78 OFFICIAL GAZETTE Issue nos 01-04/January 2014 The council for land pdce appraisal comprises the chairperson of the provincial-level People's Committee as the chairperson, and representatives ofrelated agencies and organizations and the organization with the function of consultancy on land price detennination. 4. Specific land ptice shall be used as a basis for the following cases: a/ Calculation of land use levy when the State recognizes land use rights of households and individuals for land areas in excess ofland use quotas, or pe1mits change ofland use purpose from agricultural land or non-agricultural land which is non-residential land to residential land for land areas in excess ofland allocation quotas applied to households and individuals; and dete1mination of land rental for agricultural land areas in excess of land allocation quotas or quotas for receipt oftransfened agricultural land use lights of households and individuals; b/ Calculation of land use levy when the State allocates land with land use levy not through auction of land use rights, recognizes land use lights, or pe1mits change of land use purpose for organizations that shall pay land use levy; c/ Calculation of land rental when the State leases land not through auction of land use rights; d/ Valuation of land use rights upon equitization of state enterprises that are allocated land with land use levy, leased land with one-off rental payment; and calculation ofland rental in case equitized state enterprises are leased land by the State with annual rental payment; dd/ Calculation of compensation amount upon land recove1y by the State. 5. The Government shall detail this Alticle. Article 115. Consultancy on land price dete1mination 1. Consultancy on land price dete1mination may be necessary in the following cases: a/ Development or adjustment ofland price frames; development or adjustment ofland price tables and dete1mination of specific land prices at the request of competent state agencies; b/ Settlement of complaints about land plice at the request of competent state agencies or related parties; c/ Pe1fo1mance of civil transactions related to specific land prices at the request by parties. 2. Conditions for activities and practice ofland price dete1mination consultancy comply with the Government's regulations. © Vietnam Law and Legal F ornm Issue nos 01-04/January 2014 OFFICIAL GAZETTE 79 3. The land price dete1mination by consultants must be independent, impaitial and honest and must comply with land valuation principles and methods prescribed in Alticle 112 of this Law. 4. Land p1ices dete1mined by consultants serve as one of the bases for competent state agencies to prescdbe or decide on land plices. Article 116. Rights and obligations of organizations with the function of consultancy on land price detennination 1. An organization with the function of consultancy on land price dete1mination has the following rights: a/ To provide consultancy on land price dete1mination in accordance with this Law, the Law on Price and other relevant laws; b/ To request inf 01mation and documents relating to the consultancy on land p1ice dete1mination from consultancy hirers; and to receive service charges as agreed in the contracts; c/ To unilaterally tenninate or cancel the contract on consultancy on land price dete1mination when the consultancy hirer violates conditions agreed by both pa1ties in the contract or as prescdbed by law; d/ Other rights as prescribed by law. 2. An organization with the function of consultancy on land price dete1mination has the following obligations: a/ To take responsibility before law for the accuracy, honesty and impa1tiality of the results of consultancy on land valuation detennination; b/ To implement the agreements with consultancy hirers stated in the contract on consultancy on land price dete1mination; c/ To submit to the inspection and exainination by competent state agencies; and to report on the organization and results of consultancy on land plice dete1mination to competent state agencies annually or in unexpected cases; di To fulfill the tax obligations and other financial obligations in accordance with law; dd/ To register the list of member valuators and the change or adjustment of this list to competent state agencies of the locality where the organization is headqua1tered; el To archive documents and records on results of consultancy on land price detennination; g/ Other obligations as prescribed by law. ©Vietnam Law and Legal Fomm 80 OFFICIAL GAZETTE Issue nos 01-04/January 2014 Section 3 AUCTIONS OF LAND USE RIGHTS AI·ticle 117. Ptinciples of auctions ofland use tights 1. Auctions of land use tights shall be conducted on the ptinciples of publicity, continuity, impartiality, honesty, equality and protection of lawful lights and interests of involved parties. 2. Auctions ofland use lights shall be conducted in accordance with the order and procedures prescribed in the land law and law on asset auctions. Article 118. Cases subject to auction of land use rights and cases not subject to auction of land use rights 1. The State shall allocate land with land use levy or lease land through auction of land use rights in the following cases, except the cases prescribed in Clause 2 ofthis Atticle: a/ Investment in construction of houses for sale or for lease or for lease-purchase; b/ Investment in constrnction of infrastiucnire for transfer or for lease; c/ Use of land fund to create capital for infrastrncrure constrnction; di Use of land for trading or services, and land for non-agricultural production establishments; dd/ Lease of land which is part of agriculrural land fund for public purposes for agriculrure, forestty, aquaculrure or salt production; e/ Allocation or lease of land recovered by the State through rea1nngement and handling of working offices, non-business establishments, or production or business establishments of which the land-attached assets are owned by the State; g/ Allocation of urban and rnral residential land to households or individuals; h/ Allocation or lease of land in the cases eligible to land use levy or land rental reduction. 2. Cases not subject to auction of land use rights upon land allocation and land lease by the State: a/ Land allocation without land use levy; b/ Use of land for which land use levy or land rental is exempted as prescribed in Alticle 110 of this Law; c/ Use of land as prescribed at Points b and g, Clause 1, and in Clause 2, Article 56 of this Law; © Vietnam Law and Legal F 01um Issue nos 01-04/January 2014 OFFICIAL GAZETTE 81 cl/ Use ofland for mining activities; dcV Use ofland for implementation of projects on constmction of resettlement housing, social housing or public-duty housing; e/ Land allocation to cadres, civil servants and public employees who change offices under transfer decisions of competent agencies; g/ Allocation of residential land to households or individuals that have pe1manent residence status books in a commune but have no residential land and have not been allocated residential land by the State; hi Allocation of residential land to households or individuals that have pe1manent residence status books in a township in an area with difficult socio-economic conditions or with especially difficult socio-economic conditions but have no residential land and have not been allocated residential land by the State; ii Other cases as decided by the Prime Minister. 3. In case the land has been put up for auction of land use rights as prescribed in Clause 1 of this Article but nobody participates in the auction or only one person registers or the auction fails after at least 2 times, the State may allocate or lease land without organizing auctions of land use rights. Article 119. Holding of auctions of land use rights 1. Conditions for holding an auction of land use rights upon land allocation or land lease by the State: a/ The annual district-level land use plan approved by a competent state agency is available; b/ The land has been cleared or is land with attached assets owned by the State; c/ The plan for holding the auction of land use rights approved by a competent state agency is available. 2. Organizations and individuals pa1ticipating in an auction of land use rights must satisfy the following conditions: a/ Being eligible to be allocated or leased land as prescribed in Article 55 or 56 of this Law; b/ Meeting the conditions for the implementation of investment projects under Article 58 of this Law in case ofland allocation or land lease for implementation of investment projects. ©Vietnam Law and Legal Fo1um 82 OFFICIAL GAZETTE Issue nos 01-04/January 2014 Chapter IX LAND INFORMATION SYSTEM AND LAND DATABASE Article 120. Land info1mation system 1. The land info1mation system shall be designed comprehensively and developed as a unifo1m system nationwide to serve multiple purposes in accordance with national standards and regulations as well as international ones recognized in Vietnam. 2. The land info1mation system includes the following basic parts: a/ Technical infrastmcture for land info1mation technology; b/ The system of operation software, system software and application software; c/ The national land database. Article 121. The national land database 1. The national land database shall be unifo1mly developed nationwide. 2. The national land database has the following components: a/ Database on legal documents on land; b/ Cadastral database; c/ Database of base investigations on land; di Database of land use master plans and plans; dd/ Database of land prices; e/ Database of land statistics and land inventolies; g/ Database on inspection, examination, settlement of disputes, complaints and denunciations on land; h/ Other databases related to land. 3. The contents, structure and infonnation types of the land database shall be prescribed by the Minister of Natural Resources and Environment. Article 122. Management and use of land databases 1. Info1mation in land databases provided by competent state agencies bears the same legal validity as info1mation in paper documents. 2. Land databases are a national property which needs to be str·ictly protected in te1ms of security and safety. All activities of illegal access, destruction or causing deviations in infonnation of land databases are prohibited. © Vietnam Law and Legal F ornm Issue nos 01-04/January 2014 OFFICIAL GAZETTE 83 3. Organizations and individuals that have demands for land information and land data may use or exploit them through central and local land information portals with payment of fee. The use and exploitation of land information and data must be in accordance with law. Article 123. Online public se1vices in the field of land 1. Online public se1vices to be provided include registration of land and land-attached assets, perfo1mance of transactions on land and land-attached assets, and provision ofland info1mation and data. 2. Land administration agencies shall provide public se1vices as presclibed in Clause 1 of this Article and provide se1vices in a convenient, simple and safe manner to organizations and individuals in the internet environment. Article 124. Responsibilities for developing the land info1mation system 1. The State shall adopt investment policies for the development of the land info1mation system and land databases and ensure funds for the operation and maintenance of the land info1mation system and land databases. 2. The Ministry of Natural Resources and Environment shall organize the development, management and use of the land information system and the national land database; and provide online public services in the field of land in accordance with the Government's regulations . 3. Ministries, sectors and related agencies shall provide results of base investigations on land and other land-related info1mation and data to the Ministry of Natural Resources and Environment to update the national land database and the land info1mation system. 4. Provincial-level People's Committees shall organize the development, management and exploitation of the land info1mation system and the land databases in their localities and provide land data to the Ministry of Natural Resources and Environment to integrate into the national land database. 5. The Minister of Natural Resources and Environment shall issue detailed regulations on the development, management and exploitation of the land information system and on conditions for organizations and individuals practicing consultancy on land database and land inf 01mation system development. © Vietnam Law and Legal F Ollllil 84 OFFICIAL GAZETTE ChapterX LAND USE REGIME Section 1 LAND USE TERM Alticle 125. Land used for long and stable te1m Issue nos 01-04/January 2014 Land users may use land for a long and stable tenn in the following cases: 1. Residential land used by households or individuals. 2. Aglicultural land used by communities as prescribed in Clause 3, Article 131 of this Law. 3. Land for protection forest, for special-use forest and for production forest which are natural forests. 4. Land for trading or services, for non-agiicultural production establishments of households and individuals that are using the land stably and that land is not allocated for limited te1m or leased by the State. 5. Land for construction of offices as prescribed at Point 1, Article 147 of this Law and land for constmction of public service facilities of public non-business organization which are not self-financed as prescribed at Point 2, Alticle 147 ofthis Law. 6. Land used for national defense or security purpose. 7. Land used by religious institutions as prescribed inA1ticle 159 of this Law. 8. Land for religious practices. 9. Land for transpo1tation and iITigation, land with histolical-cultural relics and scenic spots and land used for the constmction of other public facilities for non-commercial purposes. 10. Land for cemeteries or gi·aveyards. 11. Land used by economic organizations as prescribed in Clause 3, A1ticle 127 and Clause 2, Alticle 128 of this Law. Article 126. Land used for limited te1m 1. The te1m for land allocation, recognition of agdcultural land use lights for households and individuals dfrectly engaged in agricultural production as prescribed in Clauses 1 and 2, at Point b, Clause 3, in Clauses 4 and 5, Aiticle 129 of this Law is 50 years. When the te1m expfres, households or individuals directly engaged in agi·icultural production that have demand may continue using land in accordance with the land use te1m prescribed in this Clause. © Vietnam Law and Legal F 01um Issue nos 01-04/January 2014 OFFICIAL GAZETTE 85 2. The te1m for lease of aglicultural land to households or individuals must not exceed 50 years. At the expily of the te1m, households or individuals that have demand shall be considered by the State for continued leasing of the land. The te1m for land allocation or land lease to organizations for the purpose of agliculnire, forestiy, aquaculnire or salt production; to organizations, households or individuals for the purpose of ti·ading and services or for non-agricultural production establishments; to organizations for implementing investment projects; to overseas Vietnamese and foreign-invested enterplises for implementing investinent projects in Vietnam, shall be considered and decided on the basis of the investment projects or applications for land allocation or land lease, but must not exceed 50 years. For large investment projects with slow recove1y of capital, projects in areas with difficult socio-economic conditions or with especially difficult socio-economic conditions which require a longer te1m, the te1m of land allocation or land lease must not exceed 70 years. For projects on const111ction of houses for sale or for a combination of sale and rent or for lease purchase, the land use te1m shall be dete1mined in accordance with the duration of the project. Those who buy houses associated with land use rights may use land for a long and stable te1m. At the expily of the te1m, if the land users still have land use needs, the State shall consider an extension which must not exceed the te1m prescribed in this Clause. 4. The land lease te1m for the purpose of office const111ction of foreign organizations with diplomatic functions must not exceed 99 years. At the expily of the te1m, if these organizations are still in need of the land, the State shall consider extending the land lease te1m or leasing another land parcel. Each extension period must not exceed the te1m prescribed in this Clause. 5. The lease te1m for land which is part of agricultural land fund for public purposes of communes, wards or townships must not exceed 5 years; 6. Regarding land for constrnction of non-business facilities of self-financed public non business organization as presclibed in Clause 2, Article 14 7 of this Law, and other public facilities involving commercial purpose, the land use te1m must not exceed 70 years. At the expily of the te1m, if the land users still have land use needs, the State shall consider an extension but the extension must not exceed the te1m prescribed in this Clause. 7. For a land parcel with multiple use purposes, the land use te1m shall be dete1mined in accordance with the land use te1m of the land type used for the main purpose. 8. The te1m for land allocation and land lease presclibed in thisAlticle shall be calculated from the date of the decision on land allocation or land lease issue by a competent state agency. ©Vietnam Law and Legal Fo1um 86 OFFICIAL GAZETTE Issue nos 01-04/January 2014 Article 127. Land use term upon change ofland use purpose 1. The land use term for households and individuals upon change of land use purpose is presclibed as follows: a/ In case the land use purpose is changed from land for protection forest or special-use forest to land for other purposes, the te1m shall be detennined on the basis of the land type of the new purpose. The land use tenn shall be calculated from the time of the decision on approval; b/ In case the land use purpose is changed from land for rice cultivation, other annual crops, perennial crops, production forest, aquaculnire or salt production to land for protection forest or special-use forest, households or individuals may use the land for a stable and long te1m; c/ In case the land use purpose is changed among land categories including land for other annual crops, perennial crops, production forests, aquaculture or salt production, households and individuals may continue using such land for the dete1mined land use te1m. At the expily of the te1m, if the land users still have land use needs, the State shall consider an extension which must not exceed the te1m presclibed in Clause 1, Alticle 126 of this Law; di In case the land use purpose is changed from agriculnll'al pmpose to non-agr·icultural pmpose, the land use te1m shall be dete1mined on the basis of the land type of the new pmpose. The new land use te1m shall be calculated from the time of the decision on approval; dd/ In case the land use pmpose is changed from non-agr·iculniral land with long and stable land use te1m to non-agricultural land with limited land use te1m or from non-agr·iculniral land with limited land use te1m to non-agriculniral land with long and stable land use te1m, households and individuals may use the land for a long and stable te1m. 2. For organizations, overseas Vietnamese or foreign-invested ente1prises implementing investment projects outside industrial parks, industrial clusters, export processing zones or hi tech zones, when the land use pmpose is changed, the land use te1m shall be dete1mined on the basis of the investment project as presclibed in Clause 3, Alticle 126 of this Law. 3. Economic organizations that change the land use pmpose from non-agricultural land with long and stable land use te1m to non-agricultural land with limited land use te1m or from non agr·iculniral land with limited land use te1m to non-agricultural land with long and stable land use te1m, may use the land for a long and stable te1m. Article 128. Land use te1m in case of transfer ofland use lights 1. The land use te1m in case of transfer ofland use rights for the land with definite land use te1m is the remaining period of the land use te1m defined prior to the transfer of land use rights. © Vietnam Law and Legal F ornm Issue nos 01-04/January 2014 OFFICIAL GAZETTE 87 2. People who acquire land use rights for the land with a long and stable land use te1m may use the land for a long and stable te1m. Section 2 AGRICULTURAL LAND Article 129. Allocation quotas for agriculniral land 1. The allocation quotas for land for annual crops, aquaculture and salt production for each household or individual directly engaged in agiicultural production are prescribed as follows: a/ Not exceeding 3 hectares for each type of land in provinces and centrally nm cities in the southeast region and Mekong Delta region; b/ Not exceeding 2 hectares for each type ofland in other provinces and centrally rnn cities. 2. The allocation quotas for land for perennial crops for each household or individual in a delta commune, ward or township must not exceed 10 hectares and must not exceed 30 hectares for each household or individual in a midland or mountainous commune, ward or township. 3. The land allocation quota for each household or individual does not exceed 30 hectares for each of the following land categories: a/ Land for protection forest; b/ Land for production forest. 4. In case a household or individual is allocated with land of different categories including land for cultivation of annual crops, land for aquaculnire and land for salt production, the total quota for all categories must not exceed 5 hectares. If the household or individual is additionally allocated with land for perennial crops, the land allocation quota for perennial crops must not exceed 5 hectares in a delta commune, ward or township and must not exceed 25 hectares in a midland and mountainous commlme, ward or township. If the household or individual is additionally allocated with land for production forest, the land allocation quota for production forest must not exceed 25 hectares. 5. The allocation quota for empty land, land for bare hill or land with water surface under the type of unused land to households or individuals for the purpose of agriculture, aquaculture or salt production in accordance with land use master plan must not exceed the quotas prescribed in Clauses 1, 2, and 3 of this A1ticle, and such quotas shall not be included in the allocation quotas of agi·icultural land to households or individuals as prescribed in Clauses 1, 2, and 3 of this Article. ©Vietnam Law and Legal Fornm 88 OFFICIAL GAZETTE Issue nos 01-04/January 2014 Provincial-level People's Committees shall prescribe the allocation quotas of empty land, land for bare hill and land with smface water in the type ofunused land to households or individuals for use in accordance with land use master plans and plans which have been approved by competent state agencies. 6. The allocation quotas of agricultural land for annual crops, perennial crops, afforestation, aquaculture or salt production in the buffer zone of a special-use forest for each household or individual must comply with Clauses 1, 2, 3, 4 and 5 ofthis A1ticle. 7. Households and individuals may continue using the land area which is located in a commune, ward or township other than where they have pe1manent residence status books. If that land is allocated without land use levy, its area shall be included in the allocation quota for agricultural land of the households or individuals The land administration agency that allocates aglicultural land without land use levy to households or individuals shall send a notice to the commune-level People's Committee of the locality where the households or individuals have pe1manent residence status books for its calculation of allocation quotas of agricultural land. 8. The area of agricultural land of households or individuals, which is acquired through the transfer, lease, sublease, inheritance or donation of land use rights, the receipt of land use rights contributed as capital or is contracted from other subjects or leased from the State, is not included in the allocation quota of agriculniral land as prescribed in this Alticle. Article 130. Quota for acquisition of agricultural land use rights by households and individuals 1. The quota for acquisition of land use rights by households or individuals must not exceed 10 times of the allocation quota for agriculniral land for households or individuals applicable to each type of land prescribed in Clauses 1, 2 and 3, Alticle 129 of this Law. 2. The Government shall presclibe quotas for acquisition ofland use rights of households and individuals in accordance with specific conditions of each locality and in each pe1iod. Article 131. Agriculniral land used by households, individuals or communities 1. Agricultural land used by households or individuals includes agricultural land allocated or leased by the State and agricultural land of which land use lights are recognized by the State or leased from other organizations, households or individuals or obtained through exchange, transfer, inheritance or donation in accordance with law. © Vietnam Law and Legal F ornm Issue nos 01-04/January 2014 OFFICIAL GAZETTE 89 2. The use of agricultural land allocated by the State to households or individuals is presc1ibed as follows: a/ Households and individuals that are allocated land by the State prior to the effective date of this Law may continue using such land in accordance with this Law; b/ In a locality where land has not been allocated to households or individuals in accordance with the land law, the commune-level People's Committee shall make a plan for land allocation and request the district-level People's Committee to decide on land allocation; c/ In a locality where the People's Committees of different levels have provided guidelines for households and individuals to negotiate and adjust land areas for one another during the implementation ofland policies and law before October 15, 1993, and such land area has been used stably, the cunent land users may continue using their land. 3. The use of agriculniral land by communities is prescribed as follows: a/ Communities are allocated land or recognized land use rights by the State to preserve national identities associated with the traditions and customs of the people; b/ Communities which are allocated land or recognized land use rights by the State shall protect the allocated land and may use land for combined purposes of agriculture and aquaculture, but may not use such land for other purposes. Article 132. Agriculniral land used for public purposes 1. Depending on the land fund, characteristics and demands of the locality, each commune, ward or township may establish an agiicultural land flmd for public purposes of the locality which does not exceed 5% of the total land area for annual crops, perennial crops and aquaculture production. Agricultural land which is returned or to which land use rights are donated to the State by organizations, households or individuals, reclaimed land and recovered agricultural land constin1te the source for creation or supplementation of the agriculniral land flmd used for public purposes of the commune, ward or township. In a locality where the area of agricultural land fund used for public purposes exceeds 5%, the excess area must be used for constmction or compensation when other land is used for constmction of public facilities of the locality; or be allocated to households and individuals that are directly engaged in agi·iculture or aquaculture in the locality but have not been allocated or still lack production land. 2. The agricultural land fund for public purposes of a commune, ward or township shall be used for the following purposes: ©Vietnam Law and Legal Fomm 90 OFFICIAL GAZETTE Issue nos 01-04/January 2014 a/ Construction of public facilities of the locality, including facilities for culture, physical training and sports, ente1tainment, recreation, health, education, markets, cemetedes, graveyards and other public facilities in accordance with regulations of the provincial-level People's Committee; b/ Compensation for people whose land is used for constmction of public facilities as prescdbed at Point a ofthis Clause; c/ Constmction of gratitude houses and charity houses. 3. The commune-level People's Committee shall lease the land area which has not been used for the purposes specified in Clause 2 of this A1ticle to households and individuals in the locality for the purposes of agriculture and aquaculnire, through auctions ofland lease. The land use tenn for each lease period must not exceed 5 years. Rentals gained from the lease ofland that is pait of the agiicultural land fund for public purposes must be paid to the state budget under management of the commune-level People's Committee and may only be used for public needs of the commune, wai·d or township in accordance with law. 4. The agi·icultural land fund for public purposes of a commune, ward or township must be managed and used by the commune-level People's Committee of the locality in accordance with the land use master plan and plans approved by competent state agencies. Article 133. Agricultural land used by organizations, overseas Vietnamese and foreign invested enterprises 1. Economic organizations, overseas Vietnamese or foreign-invested enterprises that have demand for land for agi·iculture, forest1y, aquaculnire or salt production, shall be considered by the State to lease land for implementation of investment projects. 2. Economic organizations and public non-business organization that have been allocated or leased land pdor to the effective date of this Law for the purpose of agi·iculnire or forestiy production, shall review the cunent land use status and make a plan for land use. A plan for land use must clearly define the land area and boundaries, the area ofland of each type to be used and its use tenn, and the land area to be handed over to the locality. Provincial-level People's Committees shall direct the review and approval of plans for land use; allocate or lease land in accordance with the approved plans for land use; and recover the land that is unused, or used for a improper purpose, or conti·acted, leased, lent illegally, or encroached or occupied in order to create the land fund for allocation and lease to organizations, households and individuals. During the process of land allocation or land lease, ethnic minodty households and individuals in the locality that have no land or lacking production land, shall be pdodtized. © Vietnam Law and Legal F ornm Issue nos 01-04/January 2014 OFFICIAL GAZETTE 91 3. Land that is allocated by the State without land use levy to economic organizations for agliculture, forestry, aquaculnire or salt production before the effective date of this Law, must be changed to leased land. Article 134. Land for lice cultivation 1. The State shall develop policies to protect land for rice cultivation and to limit the change from the purpose of rice cultivation to other non-agricultural purposes. In case it is necessaiy to change a ce1tain area for lice cultivation to another purpose, the State shall take measures to supplement such land area or improve the efficiency in using land for lice cultivation. The State shall adopt policies to suppo1t and invest in the construction of infrastructure and application of modem science and technologies into the areas planned for high-productivity and high-quality rice cultivation. 2. Those who use land for rice cultivation shall improve and increase the fe1tility of the soil. They may not use that land for planting perennial tr·ees, afforestation, aquaculnire and salt production or for non-agricultural purposes without pe1mission by competent state agencies. 3. People who are allocated or leased land by the State for non-agricultural purposes and that land is cunently used for wet rice cultivation, shall pay a ce1tain amount of money under the Government's regulations for the State to supplement the lost area of wet rice cultivation land or improve efficiency in using land for lice cultivation. Article 135. Land with production forest 1. The State shall allocate land with production forest which is natural forest to the forest management organizations for management, protection and development. 2. The State shall allocate or lease land with production forest which is planted forest according to the following provisions: a/ Allocation ofland to households and individuals directly engaged in agriculniral production within the quotas prescribed at Point b, Clause 3, A1ticle 129 of this Law for the purpose of forestry production. The area of production forest used by households and individuals which exceeds the quotas must change to leased land; b/ Lease ofland to economic organizations, households, individuals, overseas Vietnamese or foreign-invested enterprises to implement afforestation projects; c/ Economic organizations, households, individuals, overseas Vietnamese or foreign-invested enterplises which are allocated or leased land with production forest by the State as prescribed at Points a and b of this Clause may use the land not covered with forest for planting forest or perennial tr·ees. ©Vietnam Law and Legal Fo1um 92 OFFICIAL GAZETTE Issue nos 01-04/January 2014 3. Economic organizations, overseas Vietnamese or foreign-invested enterprises using land with production forest may concmTently provide landscape and eco-environmental to mist services using the space under the forest canopy. 4. Concentrated land area with production forest which is far from residential areas and can not be allocated directly to households or individuals, shall be allocated by the State to organizations for protection and development of the forest combined with agricultural production, forestry or aquaculture. Article 136. Land with protection forest 1. The State shall allocate land with protection forest to the protection forest management organization for management, protection, zoning off for regeneration and afforestation in accordance with land use master plans and plans ah-eady approved by competent state agencies. These organizations may use land for other combined purposes in accordance with the law on forest protection and development. 2. The protection forest management organization shall allocate land with protection forest under contracts to households or individuals that are living in the protection forest area for protection and development of the forest. Distlict-level People's Committees shall allocate residential land and land for agiicultural production to such households or individuals. 3. Organizations, households or individuals that have demand and ability to protect and develop the forest and are living in the protection forest area for which no management organization has been established or in the area that is planned for protection forest, shall be allocated the land with protection forest for protection and development, and may use the land for other combined purposes in accordance with the law on forest protection and development. 4. Provincial-level People Committees shall decide on the lease of land with protection forest to economic organizations in the areas where it is allowed to provide landscape and eco enviromnental tomist services under the forest canopy. 5. Communities that are allocated by the State protection forests in accordance with the Law on Forest Protection and Development, are entitled to be allocated land with protection forest for protection and development. The communities have the rights and obligations prescribed in the Law on Forest Protection and Development. Article 137. Land with special-use forest 1. The State shall allocate land with special-use forest to the special-use forest management organization for management and protection in accordance with land use master plans and plans © Vietnam Law and Legal F ornm Issue nos 01-04/January 2014 OFFICIAL GAZETTE 93 already approved by competent state agencies. These organizations may use the land for other combined purposes in accordance with the law on forest protection and development. 2. The special-use forest management authoiity shall allocate under sho11-tenn contracts land with special-use forest in strictly protected forest areas to households or individuals that can not move out of the area to protect the forests. 3. The special-use forest management organization shall allocate under contracts land with special-use forest in eco-rehabilitation areas to households or individuals residing stably in the area to protect and develop the forests . 4. Competent People's Committees shall decide to allocate and lease land in the buffer zones of special-use forests to organizations, households and individuals for the purpose of production, research or experiment on forestiy or in combination with national defense or secmity tasks in accordance with the master plan for forest development of the buffer zone. These subjects may use the land for other combined purposes in accordance with the law on forest protection and development. 5. Provincial-level People Committees shall decide to lease land with special-use forest in the area that is allowed to provide landscape and eco-enviromnental tourist services under the forest canopy to economic organizations. Article 138. Land for salt production 1. Land for salt production shall be allocated to households or individuals within the local land allocation quota for salt production. The land area which exceeds the allocation quota must be changed to leased land. Land for salt production shall be leased by the State to economic organizations, overseas Vietnamese or foreign-invested enterprises to implement investment projects on salt production. 2. Land areas where salt can be produced at high productivity and with high quality shall be protected and primarily reserved for salt production. 3. The State shall encourage the use of land areas with potential for salt production for industlfal and daily needs. Article 139. Inland land with water surface 1. Ponds, lakes and marshes shall be allocated by the State within land allocation quotas to households or individuals for aquaculture and agricultural production. ©Vietnam Law and Legal Fomm 94 OFFICIAL GAZETTE Issue nos 01-04/January 2014 Ponds, lakes and marshes shall be leased by the State to economic organizations, households, individuals, overseas Vietnamese or foreign-invested enterplises to implement investment projects on aquaculture production, agricultural production or agiicultural production in combination with non-ag1icultura1 purposes. 2. In case a pond, lake or marsh is located in several communes, wards and townships, its use shall be decided by the distlict-level People's Committee. In case a pond, lake or marsh is located in several districts, towns and provincial cities, its use shall be decided by the provincial-level People's Committee. In case a pond, lake or marsh is located in several provinces and centrally rnn cities, its use shall be dete1mined by the Government. Article 140. Coastal land with water surface 1. Coastal land with water surface shall be leased by the State to economic organizations, households, individual, overseas Vietnamese or foreign-invested enterprises for aquaculture, agi·iculniral, forestry, salt production or non-agricultural purposes. 2. The use of coastal land with water surface is prescribed as follows: a/ Confonning with land use master plans and plans which have been approved by competent state agencies; b/ Protection of land and increase of the sedimentation process in coastal land; c/ Protection of the ecosystem, environment and landscape; di Not hampe1ing the protection of national secmity and maritime navigation. Article 141. Riparian and coastal alluvial land 1. Riparian and coastal alluvial land includes riparian alluvial land, river islets, coastal alluvial land and sea islands. 2. Riparian and coastal alluvial land shall be managed by the People's Committee of the commune, ward or township where such land is located. Riparian and coastal alluvial land frequently expanded or eroded shall be managed and protected by distlict-level People's Committees. 3. Riparian and coastal alluvium land shall be leased by the State to economic organizations, households, individuals, overseas Vietnamese or foreign-invested enterprises to implement investment projects on agriculniral or non-agiicultural production and business. 4. Households or individuals that are allocated riparian and coastal alluvial land by the State for agi·icultural purpose prior to the effective date of this Law may continue using such land for © Vietnam Law and Legal F ornm Issue nos 01-04/January 2014 OFFICIAL GAZETTE 95 the remaining land use tenn. At the expiry ofthis te1m, if they still have demand to use the land in accordance with land use master plans and plans approved by competent agencies and do not violate the land law, the State shall consider leasing the land to them. 5. The State shall encourage economic organizations, households and individuals to invest in the use of ripa1ian and coastal alluvial land. 6. The Government shall detail this Alticle. Article 142. Land used for fann economy 1. The State shall encourage fa1m economy of households or individuals in order to use land efficiently for the development of production, expansion of the scale and enhancement of the efficiency of land use in agriculture, forestty, aquaculture or salt production, in association with se1vices, processing and sale of agricultural products. 2. Land used for farm economy includes the land allocated by the State without land use levy within land allocation quotas applicable to households and individuals that are directly engaged in agriculture, forestty, aquaculture or salt production as presc1ibed in Alticle 129 of this Law, the land leased from the State, the land obtained via lease, tt·ansfer, inhedtance and donation, the land contracted from organizations, and the land conttibuted by households or individuals. 3. Households or individuals that are using land for fa1m economy may change the land use purposes in accordance with law. 4. Households or individuals using land for fann economy in accordance with approved land use master plans and plans without any disputes, may continue using the land in accordance with the following provisions: a/ If the land is allocated without land use levy and within the allocation quotas applicable to households or individuals directly engaged in agriculnire, forestty, aquaculture or salt production as prescdbed in Clause 1, Alticle 54 of this Law, households or individuals may continue using the land under Clause 1, Alticle 126 of this Law; b/ If the land is allocated without land use levy to households or individuals not directly engaged in agriculnire, forestty, aquaculture or salt production, at the expity of the land use te1m, households or individuals shall change to lease land; c/ If the land is leased from the State or tt·ansfened, inhedted, donated or contt·acted from organizations or conttibuted by households or individuals, households or individuals may continue using the land in accordance with this Law. 5. It is forbidden to take advantage of fa1m economy to occupy and accumulate land for non production purposes. ©Vietnam Law and Legal Fo1um 96 OFFICIAL GAZETTE Section 3 NON-AGRICULTURAL LAND AI·ticle 143. Rural residential land Issue nos 01-04/January 2014 1. Residential land used by households or individuals in rural areas includes land for constrnction of houses and facilities for livelihood, gardens and ponds within one land parcel in a rnral residential area which is established in accordance with the land use master plan and the master plan for development of rnral residential areas already approved by competent state agencies. 2. Based on the local land fund and the rnral development master plans approved by competent state agencies, provincial-level People's Committees shall dete1mine the land allocation quota to each household or individual for housing constrnction in rnral areas and the minimum area for the division of a residential land parcel in accordance with local conditions and customs. 3. The allocation of residential land in rnral areas indicated in the land use master plans and plans must be in synchrony with the master plan for public facilities and public non-business facilities, ensuring convenience for production, people's life, environmental sanitation and rnral modernization. 4. The State shall adopt policies to create conditions for rnral residents to have accommodation by making full use of the land in existing residential areas and to restrict the expansion of residential areas on agricultural land. Article 144. Urban residential land 1. Urban residential land includes land for constrnction of houses and facilities for livelihood, gardens and ponds within one land parcel in an urban residential area which is established in accordance with the land use master plan and urban constrnction master plan afready approved by competent state agencies. 2. Urban residential land shall be allocated in synchrony with land for constrnction of public facilities and non-business facilities, ensuring environmental sanitation and modem urban landscape. 3. The State shall develop land use master plans for the purpose of urban housing constrnction and adopt policies to create conditions for urban residents to have accommodation. 4. Provincial-level People's Committees shall, based on the land use master plans, urban constrnction master plans and the local land fund, dete1mine the allocation quota of residential land to each household or individual for their own housing constrnction in case they are not © Vietnam Law and Legal F ornm Issue nos 01-04/January 2014 OFFICIAL GAZETTE 97 eligible to be allocated land in an investment project on housing construction; and presciibe the minimum area for the division of a residential land parcel. 5. The change ofland use pmpose from residential land to land for construction of production and business establishments must conform with land use master plans and plans and the urban construction master plan afready approved by competent state agencies and with regulations on public order, safety and urban environmental protection. Article 145. Land for construction of condominiums 1. Land for construction of condominiums includes land for the construction of condominiums, facilities directly se1ving the life of families living in the condominiums and facilities for public use in accordance with the construction master plan approved by competent state agencies. 2. The land master plan for constrnction of condominiums must be in harmony with the master plans on public facilities and environmental protection. 3. The Government shall detail the use of land for construction of condominiums. Article 146. Land used for improvement and development of urban areas and rural residential areas 1. Land for urban improvement and development includes land for improvement of the existing inner urban areas and land planned for expanding existing urban areas or developing new urban areas. Land for improvement and development of mral residential areas includes land for improvement of existing residential areas, land which is part of the agricultural land fund for public purposes, and land planned for expanding existing residential areas. 2. The use ofland for improvement and development of urban areas and mral residential areas must confo1m with the land use master plans and plans, urban constmction master plan and master plan for development of mral residential areas which have been approved by competent state agencies, and with constr11ction standards and regulations issued by competent state agencies 3. Provincial-level People's Committees shall organize the development of projects and assign them to economic organizations, overseas Vietnamese or foreign-invested enterprises for implementation in accordance with law in order to improve or develop new urban or mral residential areas. The land for such projects shall be allocated appropriately in land use master plans and plans for the whole area, including land for constmction of infrastructure, residential land, land for public facilities and non-business facilities, land for tr·ading and se1vices and land for non-agriculniral production establishments. ©Vietnam Law and Legal Fo1um 98 OFFICIAL GAZETTE Issue nos 01-04/January 2014 When implementing projects on technical infrastructure, development or improvement of urban or rural residential areas, the State shall proactively recover the land which includes land for construction of infrastructure and the nearby area in accordance with land use master plans and plans. 4. In case the communities develop or improve their facilities for public pmposes based on the contributions of people or the suppo1t by the State, the voluntary contribution ofland use rights, compensation or suppo1t shall be agreed upon by the communities and the land users. Article 147. Land for constiuction of offices and non-business facilities 1. Land for construction of offices includes land for constiuction of offices of state agencies, political organizations and socio-political organizations. 2. Land for const111ction of non-business facilities includes land for construction of non business facilities in the sectors and fields of economy, culture, society, health, education and training, physical ti·aining and sports, science and technology, environment, and foreign affairs and other non-business facilities. 3. The use of land prescribed in Clauses 1 and 2 of this Alticle must conf 01m with the land use master plans and plans, the urban constiuction master plan and the master plan for development of rnral residential areas approved by competent state agencies. 4. The heads of agencies or organizations to which land is allocated or leased shall preserve the allocated or leased land and ensure proper land use pmposes. It is forbidden to use the land for constrnction of offices and non-business facilities for other pmposes. 5. The State shall encourage the use of land for the pmpose of development of culture, health, education and training, physical ti·aining and spo1ts, science and technology, and environment. Article 148. Land for national defense or security pmpose 1. Land used for national defense or secmity pmpose includes land used in the cases prescribed in Alticle 61 of this Law. 2. Provincial-level People's Committees shall pe1fo1m the state management ofland used for national defense or security pmpose in their localities. The Ministiy of National Defense and the Ministiy of Public Security shall coordinate with provincial-level People's Committees in fo1mulating land use master plans and plans for national defense or secmity pmpose to meet the requirements of socio-economic development and strengthening of national defense and security; review and define the boundaries of land used © Vietnam Law and Legal F ornm Issue nos 01-04/January 2014 OFFICIAL GAZETTE 99 for national defense or secmity pmpose; and define the areas and locations of land for national defense or security purpose which are no more needed or are improperly used, for handover to the localities for management and use. 3. For land areas that are planned for national defense or secmity purpose but are still not used for these purposes, the cunent users may continue using the land until the decision by a competent state agency to recover the land is issued, but must not cause defo1mation to the natural tenain. 4. The Government shall detail this Alticle. Article 149. Land for industlial parks, expo1t processing zones, industrial clusters and trade villages 1. The use of land for constrnction of industrial parks, expo1t processing zones, industrial clusters or trade villages must confo1m with land use master plans and plans and detailed constrnction master plans approved by competent state agencies. During the planning and establishment of industlial parks or export processing zones, the planning and constrnction of housing areas and public facilities outside the industrial parks or expo1t processing zones to serve the life of workers in industrial parks or expo1t processing zones must be can-ied out simultaneously. 2. The State shall lease the land to economic organizations, overseas Vietnamese or foreign invested enterprises to invest in constrnction and commercial operation of infrastrncnire of industrial parks, industlial clusters and expo1t processing zones. For the land area that is leased with annual rental payment, the lessee may sublease that land with annual rental payment. For the land area that is leased with full one-off rental payment for the entire lease pe1iod, the lessee may sublease that land with full one-off rental payment for the entire lease pe1iod or annual rental payment. Investors are entitled to exemption from land rental for the land used for constmction of infrastrncture for common use in industrial parks, industrial clusters or expo1t processing zones. 3. Economic organizations, households, individuals, overseas Vietnamese and foreign invested enterplises that invest in production and business in industrial parks, industiial clusters or export processing zones are entitled to sublease land together with infrastrncture from other economic organizations, overseas Vietnamese or foreign-invested enterplises that have invested in the constrnction and commercial operation of infrast111cture, and have the following rights and obligations: ©Vietnam Law and Legal Fo1um 100 OFFICIAL GAZETTE Issue nos 01-04/January 2014 a/ In case of subleasing land with full one-off rental payment for the entire lease petiod, they have the 1ights and obligations presctibed inAiticle 174 of this Law; b/ In case of subleasing land with annual rental payment, they have the rights and obligations prescribed in Al.tide 17 5 of this Law. 4. Land users in industrial parks, indust1ial clusters or export processing zones shall use land for the dete1mined land use purposes, be granted a ce1tificate of land use rights and ownership of houses and other land-attached assets, and have the rights and obligations prescribed in this Law. 5. Economic organizations, households, individuals or overseas Vietnamese that invest in production and business in industrial parks, industrial clusters or expo1t processing zones and have been allocated land by the State or acquired land use tights together with infrastrncnire from other economic organizations or overseas Vietnamese that have invested in the construction and commercial operation of infrastrncture of industrial parks, industifal clusters or expo1t processing zones prior to the effective date of this Law, may continue using the land for the remaining project duration without having to change to lease land. At the expiry of the project duration, if these subjects still have demand, the State shall consider leasing land to them in accordance with this Law. 6. The Government shall detail this Al.tide. Article 150. Land for hi-tech zones 1. Land for hi-tech zones that are established lmder decisions of the Prime Minister includes land of different categories with different land use regimes used for the production and u·ading of hi-tech products, research, development and application of high technology and training of hi-tech human resources. During the planning and establishment of hi-tech zones, the planning and consu11ction of housing areas and public facilities outside the hi-tech zones to serve the life of expe1ts and workers in hi-tech zones must be canied out simultaneously. 2. The management board of a hi-tech zone shall be allocated land in the hi-tech zone by the provincial-level People's Committee. The board may lease land to organizations, individuals, overseas Vietnamese or foreign-invested enterptises using land in the hi-tech zone in accordance with this Law. 3. The management board of a hi-tech zone shall make a detailed constrnction plan of the hi-tech zone and submit it to the provincial-level People's Committee of the locality where the land is located for approval. © Vietnam Law and Legal F ornm Issue nos 01-04/January 2014 OFFICIAL GAZETTE 101 The provincial-level People's Committee shall allocate land to the management board of the hi-tech zone to organize the constmction and development of the hi-tech zone in accordance with the approved master plan. 4. Land users that lease land in a hi-tech zone from its management board have the same lights and obligations as leasing land from the State in accordance with this Law. 5. The enterprise that develops the hi-tech zone or develops the infrastmcnire is entitled to lease land from the management board. Those who have demand to use land in the hi-tech zone may sublease land from this enterprise. 6. Land users in a hi-tech zone shall use land in accordance with land use purposes indicated in the land lease contract, be granted a ce1tificate ofland use rights and ownership of houses and other land-attached assets, and have the lights and obligations prescribed in this Law. In case of transfer ofland use rights in a hi-tech zone, the transferee shall continue using the land for the dete1mined land use purpose. 7. The State shall encourage organizations, overseas Vietnamese and foreign-invested enterplises to invest in the constiuction and commercial operation of infrastmcture in hi-tech zones, and encourage organizations, individuals, overseas Vietnamese and foreign-invested enterplises to use land for the development of science and technology. 8. The dete1mination ofland rental rates and calculation ofland rentals in hi-tech zones must comply with this Law. Article 151. Land for economic zones 1. Land for economic zones includes land used for constluction of economic zones or border gate economic zones which are established under decisions of the Plime Minister. Land in an economic zone includes land used for its functional areas, including non-tariff zone, tariff bonded zone, export processing zone, industrial park, ente1tainment zone, tourist area, urban area, residential area, administrative area and other functional areas which are consistent with characteristics of each economic zone in order to create an especially favorable investinent and business environment for investors. The constluction or opening of an economic zone must confo1m with the master plan on the economic zone system in the whole countiy. 2. Provincial-level People's Committees shall allocate land to the management boards of economic zones to organize the constmction of the economic zones in accordance with the approved land use plan which is included in the detailed construction master plans of the economic zones. ©Vietnam Law and Legal Fo1um 102 OFFICIAL GAZETTE Issue nos 01-04/January 2014 3. The management board of an economic zone shall cany out the compensation and ground clearance for the recovered land which is allocated by a competent state agency before re-allocating or leasing the land. The management board may re-allocate land with or without land use levy or lease land to land users that need to use the land in the functional areas of the economic zone under A11icles 54, 55 and 56 of this Law. The land use te1m for production and business in an economic zone must not exceed 70 years. 4. Land users in an economic zone are entitled to invest in the constmction of and trading in houses and infrastmcture, and to conduct production, business and se1vice activities, and have the following rights and obligations: a/ In case of being re-allocated land in the economic zone by the management board, they have the rights and obligations as allocated land by the State in accordance with this Law; b/ In case of leasing land in the economic zone from the management board, they have the rights and obligations as leasing land from the State in accordance with this Law. 5. The State shall encourage investment in the construction and commercial operation of infrastmcture in economic zones and encourage the use of land for economic development. 6. The land use regime and rights and obligations of land users in an economic zone shall apply in accordance with each type of land as prescribed in this Law. 7. Economic organizations, households, individuals or overseas Vietnamese that invest in production and business in an economic zone and have been allocated land by the State or acquired land use rights from other economic organizations or overseas Vietnamese prior to the effective date of this Law may continue using the land for the remaining project duration without having to change to lease land. At the expiry of the project duration, if these subjects still have demand, the management board shall consider leasing land to them in accordance with this Law. 8. The Government shall detail this Alticle. Article 152. Land used for mining activities 1. Land used for mining activities includes land used for mineral exploration, exploitation and processing, land for auxiliaiy facilities for mining activities and safety conidors in mining activities. 2. Land used for mineral exploration and exploitation shall be leased by the State to organizations, individuals, overseas Vietnamese or foreign-invested enterprises that ai·e pe1mitted to cany out projects on mineral exploration and exploitation. © Vietnam Law and Legal F omm Issue nos 01-04/January 2014 OFFICIAL GAZETTE 103 Land used as ground for mineral processing falls under the type of non-agiicultural land for production and business pmposes with the same land use regime as for the land for trading and se1vices or non-agdcultural production establishments as prescribed inA11icle 153 of this Law. 3. The use of land for mining activities must comply with the following provisions: a/ Having a license for mining activities and a decision on land lease for mineral exploration and exploitation or a decision on lease ofland as mineral processing gi·ound, granted by a competent state agency according to the Government's regulations; b/ Taking measures for enviromnental protection, waste treatment and other measures to avoid causing damage to other land users in the area or the sunounding areas; c/ The use of land must be in line with the progress of mineral exploration and exploitation. Land users shall renun the land in accordance with the progi·ess of mineral exploration and exploitation and with the stan1s of smface soil as stipulated in the land lease contract; d/ If the mineral exploration and exploitation do not require the use of smface soil or do not affect the use of the ground, there is no need to lease the smface soil. Article 153. Land used for trading and se1vices; land for non-agricultural production establishments 1. Land used for trading or se1vices includes land used for constrnction of trading or se1vice establishments and other facilities se1ving trading or se1v ices. Land used for non-agricultural production establishments includes land used for constrnction of non-agi·iculnu-al production establishments that are located outside industiial parks, industiial clusters or export processing zones. 2. The use of land for ti·ading, services and non-agricultural production establislunents must be in line with land use master plans and plans, mban constrnction master plan and master plan for development of rnral residential areas which have been approved by competent state agencies, and with regulations on enviromnental protection. 3. Economic organizations, households or individuals may use land for trading, se1vices or for non-agi·iculnu-al production establishments, which is the land obtained tlu·ough leasing land from the State, acquhing land use lights, leasing or subleasing land or receiving land use rights contdbuted as capital from other economic organizations, households or individuals, or from overseas Vietnamese, or subleasing land together with infrastrncnu-e from foreign-invested ente1pdses. Overseas Vietnamese may use land for trading, services or non-agi·icultural production establishments, which is the land obtained tlu·ough leasing land from the State, or leasing or ©Vietnam Law and Legal Fornm 104 OFFICIAL GAZETTE Issue nos 01-04/January 2014 subleasing land from other economic organizations, households or individuals, or from other overseas Vietnamese, or subleasing land together with infrastrncture from foreign-invested enterp1ises. Overseas Vietnamese who are defined Clause 1, Alticle 186 of this Law are also entitled to obtain land through inhe1itance or donation of land use 1ights to use for construction of trading, services or non-agricultural production establishments. Foreign-invested enterpiises may use land for trading, services or non-agricultural production establishments, which is the land obtained through leasing land from the State, or leasing or subleasing land from economic organizations or overseas Vietnamese, or subleasing land together with infrastructure from other foreign-invested enterprises. Article 154. Land used for production of constmction materials and ceramic products 1. Land used for production of constr11ction mateiials and ceramic products includes land, land with surface water for material exploitation and land used as gi·olmd for processing and producing construction materials and ceramic products. The use ofland for exploiting raw materials for manufacniring blicks, tiles or ceramic products must take advantage of hilly land, uncultivated hillocks, abandoned land, land in riverbed or ponds or lakes that need to be dig deep, land along the livers not being used for agi·icultural production, soil dikes no longer in use, or land from rehabilitation of rice fields. 2. Land or land with surface water used for exploiting raw materials shall be leased by the State to households or individuals that are pe1mitted to exploit raw materials for the production of construction mateiials and ceramic products; to economic organizations, overseas Vietnamese or foreign-invested enterprises that are licensed to implement investment projects on exploitation of raw mateiials for production of construction materials and ceramic products. Land used as gi·ound for production of constiuction materials and ceramic products falls under the type of non-agi·iculniral land for production and business purposes with the same land use regimes as for trading, services or non-agi·iculniral production establishments as prescribed in Alticle 153 of this Law. 3. The use ofland for production of constiuction materials and ceramic products must comply with the following provisions: a/ Having a decision on land lease for the purpose of exploitation of raw mateiials, processing and production of const111ction materials and ceramic products issued by a competent state agency; b/ Taking necessary measures to avoid causing damage to production activities, life and negative effects to the environment, water flows or transpo1tation; © Vietnam Law and Legal F ornm Issue nos 01-04/January 2014 OFFICIAL GAZETTE 105 c/ Land users shall return the land in accordance with the progress of exploitation of raw mateiials and with the status of surface soil as stipulated in the land lease contract. 4. It is forbidden to use land of the following types to exploit raw mateiials for manufactming bricks, tiles or ceramic products: a/ Land with historical-cultural relics or scenic landscapes which have been ranked or placed under the protection of provincial-level People's Committees; b/ Land within the safety con-idor of constrnction facilities. 5. In the process of using land to exploit raw mateiials for manufacturing bricks, tiles or ceramic products, land users shall apply appropriate technology measures to exploit and use the land suitably and economically and shall take necessary measures to avoid causing damage to production activities and the life of adjacent land users and adverse effects to the environment. Article 155. Land used for public purposes or for implementation of build-transfer (BT) and build-operate-transfer (BOT) projects 1. The use of land for public purposes must be in line with the land use master plans and plans, urban constrnction master plan and master plan for development of rnral residential areas approved by competent state agencies. 2. For land used for public purposes, a detailed constmction master plan must be fo1mulated which clearly defines the functional areas used for public purposes involving non-commercial purpose and functional areas used for public purposes involving commercial purpose. The land used for functional areas for non-commercial purposes shall be allocated by the State without land use levy under Article 54 of this Law. The land used for functional ai·eas for commercial purpose shall be leased by the State under Alticle 56 of this Law. 3. The State shall allocate land to investors for management to implement BT projects and allocate or lease land to investors to implement BOT projects and other fo1ms as prescribed by the investment law. 4. The Government shall detail this Alticle. Article 156. Land used for civil airpo1ts and airfields 1. Land used for civil aviation operations at airpo1ts or airfields includes: a/ Land used for construction of offices of state agencies which operate constantly at airports or airfields; ©Vietnam Law ai1d Legal Fonun 106 OFFICIAL GAZETTE Issue nos 01-04/January 2014 b/ Land used for constrnction of infrastmcture in airpo1ts or airfields, including land for constrnction of mnways, taxiways, aircraft parking areas, facilities to ensure flight operations, aviation secmity and airfield emergency, fences , construction-serving roads, internal roads and other auxiliaiy facilities areas of the airfields; c/ Land used for constrnction of facilities for aviation se1vices at airpo1ts or airfields; d/ Land used for constrnction of facilities for non-aviation se1vices. 2. Airport authorities shall be allocated land by provincial-level People's Committees in accordance with land use master plans and plans and master plan for airpo1ts and airfields which have been approved by competent state agencies. The ce1tificate ofland use lights and ownership of houses and other land-attached assets which are used for civil aviation operations at airpo1ts or airfields shall be granted to the airpo1t authorities. 3. Based on land use master plans and plans approved by the state management agency in charge of civil aviation, airpo1t authorities shall allocate land without land use levy or lease land in accordance with the following provisions: a/ Allocation of land without land use levy for the land specified at Points a and b, Clause 1 ofthis Article; b/ Lease of land with annual rental payment for the land specified in Points c and d, Clause 1 of this Article. The calculation and collection of land rental must comply with this Law. 4. Organizations and individuals using land at airpo1ts or airfields have the following rights and obligations: a/ To use land for proper purposes; to refrain from exchanging, transfening, donating or leasing land use rights, or m01tgaging or contributing as capital land use rights; b/ To use the assets under their ownership which are attached to the leased land as collateral at credit institutions which are licensed to operate in Vietnam; to sell or lease assets and contlibute as capital assets under their ownership which are attached to the leased land. 5. The Government shall detail this Alticle. Article 157. Land used for constrnction of public facilities with safety conidors 1. Land used for constrnction of public facilities with safety conidors includes land used for construction of systems of transpo1t, inigation, dykes, water supply and drainage, waste treatment, power u·ansmission, oil and gas pipelines and communication, and land within the safety conidors of these systems. © Vietnam Law and Legal F ornm Issue nos 01-04/January 2014 OFFICIAL GAZETTE 107 2. The use of land for public facilities with safety conidors must ensure the use of both the aerial and underground space, the combination of different facilities in the same land area in order to save land, and comply with relevant specialized laws concerning safety protection of facilities. 3. Legally recognized users of land within the safety coni dors may continue using the land in accordance with the detennined purposes and may not hinder the safety protection of the facilities. In case the use of that land hinders the safety protection of the facilities, the owners of facilities and the land users shall take remedial measures. In case of failure to remedy the problem, the State will recover the land and pay compensation in accordance with law. 4. Agencies or organizations directly managing the facilities with safety conidors shall publicize info1mation on boundary marks of the safety conidors and take the main responsibility for the protection of the facilities. In case the safety conidors of the facilities are illegally encroached, occupied or used, the agencies or organizations shall promptly repo1t it to and request handling from the commune-level People's Committee of the locality where the safety conidors are located. 5. The People's Committees of all levels of the locality where the facilities with safety coni dors are located shall coordinate with the agencies or organizations directly managing the facilities in disseminating laws and regulations on safety protection of facilities, publicizing bounda1y marks for the land use within the safety conidors and promptly deal with the illegal occupation, encroachment or use of the safety conidors. 6. The Government shall detail this Alticle. Article 158. Land with historical-cultural relics and landscapes 1. Land with histolical-culniral relics and landscapes which are ranked or under the protection of provincial-level People's Committees shall be stii ctly managed in accordance with the following provisions: a/ Organizations, households, individuals and communities that directly manage land with historical-cultural relics and landscapes shall assume the main responsibility in the use of such land in accordance with the law on culniral helitage; b/ Commune-level People's Committees shall assume the main responsibility for the management of land with historical-culniral relics and landscapes in their localities which are not specified at Point a of this Clause; ©Viemam Law and Legal Fomm 108 OFFICIAL GAZETTE Issue nos 01-04/January 2014 c/ If land with histoiical-cultural relics and landscapes is encroached, occupied or used for improper or illegal pmposes, the chaitperson of the commune-level People 's Committee of the locality where such land is located shall detect, prevent and deal with these illegal activities promptly. 2. In special cases in which it is necessa1y to use land with historical-cultural relics and landscapes for other pmposes, the change of the land use purpose must confo1m with the land use master plans and plans approved by competent state agencies and must be approved in writing by the state agencies which have the competence to decide on the ranking of those historical cultural relics and landscapes. Article 159. Land used by religious instin1tions 1. Land used by religious institutions includes land for pagodas, churches, oratories, sanctuaries, monastelies, religious schools, head offices of religious institutions and other religious institutions whose operation is licensed by the State. 2. Provincial-level People's Committees shall base themselves on the state policies on religions and land use master plans and plans approved by competent state agencies to dete1mine the land areas to be allocated to the religious instin1tions. Article 160. Land used for belief practices 1. Land for belief practices includes land for commtmal houses, temples, shrines, he1mitages, ancestral worship houses and ancestral temples. 2. Land for belief practices must be used properly and in accordance with the land use master plans and plans, urban constmction master plan and master plan for development ofrural residential areas which have been approved by competent state agencies. 3. The constrnction or expansion of communal houses, temples, sluines, he1mitages, ancestral worship houses and ancestral temples of the communities must be pennitted by competent state agencies. Article 161. Land used for construction of underground facilities 1. The use of land for constr11ction of underground facilities must confo1m with the master plan for construction of underground facilities, land use plans and other related master plans which have been approved by competent state agencies. 2. Provincial-level People's Committees shall decide on land allocation and land lease for constmction of underground facilities in accordance with the Government's regulations. © Vietnam Law and Legal F omm Issue nos 01-04/January 2014 OFFICIAL GAZETTE 109 Article 162. Land used for cemete1ies or graveyards 1. Land used for cemeteries or graveyards must be developed in concentrated areas in confonnity with land use master plans; be located far from residential areas and convenient for bmial services and visits, satisfying sanitation and environmental requirements and used economically. 2. Provincial-level People's Committees shall prescribe land quotas and management regimes for constmction of graves, statues and monuments, and memorial stela in cemete1ies or graveyards with economical use of land, and adopt policies to encourage the burial without using land. 3. It is forbidden to build cemeteries or graveyards which are not in confo1mity with land use master plan and plans which have been approved by competent state agencies. Article 163. Land with rivers, streams, canals, sp1ings and special-use water surface 1. Based on the detennined main purpose, land with rivers, streams, canals, springs or special use water smface must be used and managed in accordance with the following provisions: a/ The State shall allocate land with special-use water smface to organizations for management in combination with use and exploitation of such land for non-agriculnire purposes, or non agriculture purposes in combination with aquaculture and exploitation of aquatic resources; b/ The State shall lease out land with rivers, streams, canals or sp1ings with annual rental payment to econo1nic organizations, households or individuals for aquaculture; c/ The State shall lease out land with rivers, streams, canals or springs with annual rental payment to overseas Vietnamese or foreign-invested enterprises for implementing their investment projects on aquaculnire. 2. The exploitation and use of land with rivers, streams, canals, springs or special-use water surface must not affect the dete1mined main land use purpose; and must also comply with the technical regulations of the related sector or field and the regulations on enviromnental and landscape protection, and may not obstmct naniral flows and wate1way transportation. Section 4 UNUSED LAND Article 164. Management of unused land 1. Commune-level People's Com1nittees shall manage and protect unused land in their localities and register it in cadastral records. 2. Provincial-level People's Committees shall manage unused land on uninhabited islands. 3. The management of unused land must comply with the Government's regulations. © Vietnam Law and Legal F 01um 110 OFFICIAL GAZETTE Issue nos 01-04/January 2014 Article 165. Putting of unused land into use 1. Based on the land use master plans and plans approved by competent state agencies, the People's Committees of all levels shall make plans for investment, reclamation and improvement of the unused land in order to put it into use. 2. The State shall encourage investment by organizations, households and individuals to put unused land into use in accordance with the land use master plans and plans approved by competent state agencies. 3. Land areas planned for agricultural purposes shall be allocated with priority to local households or individuals directly engaged in agricultural, forestry, aquaculnire or salt production that have not been allocated land or lack production land. Chapter XI RIGHTS AND OBLIGATIONS OF LAND USERS Section 1 GENERAL PROVISIONS Article 166. General rights of land users 1. To be granted the certificate of land use rights, houses and other land-related assets ownership. 2. To enjoy the results of the labor and investment on land. 3. To enjoy the benefits derived from facilities consll1.1cted by the State for protecting and improving agriculniral land. 4. To receive the State's guidance and assistance in the improvement and fertilization of agriculniral land. 5. To be protected by the State against others ' infringements of their lawful rights and benefits related to land. 6. To receive compensation when land is recovered by the State in accordance with this Law. 7. To complain about, denounce or file lawsuits over violations of their lawful land use rights and other violations of the land law. Article 167. The right to exchange, transfer, lease, sublease, inherit, donate, mortgage land use rights and contribute land use rights as capital © Vietnam Law and Legal F 01um Issue nos 01-04/January 2014 OFFICIAL GAZETTE 111 1. Land users may exercise the 1ights to exchange, transfer, lease, sublease, inherit, donate, m01tgage land use lights and to contribute land use lights as capital in accordance with this Law. 2. A group of land users shaiing land use rights have the following lights and obligations: a/ A group of land users including households and individuals have the same lights and obligations as households and individuals in accordance with this Law. In case one member of the group of land users is an economic organization, that group of land users have the same rights and obligations as economic organizations in accordance with this Law; b/ For a group of land users sharing land use lights which can be split into po1tions for each member in the group, if eve1y member wants to exercise his/her land use lights over such po1tion, they shall cany out the prescribed procedures to have the common land parcel split into different parcels of their own and apply for the ce1tificates of land use rights and ownership of houses and other land-attached assets. Those members will then have the rights and obligations of land users in accordance with this Law. In case land use rights of the group ofland users can not be split into po1tions, the group shall authorize its representative to exercise the rights and perfo1m the obligations of the group. 3. The notarization and ce1tification of contracts and documents on the exercise of the rights of land users shall be conducted as follows: a/ Contracts on transfer, donation, mortgage or contribution of land use rights as capital or the rights to use land and land-attached assets must be notarized or ce1tified, except the case of real estate business prescribed at Point b of this Clause; b/ Contracts on lease or sublease of land use rights or the rights to use land and land-attached assets, a contract on exchange of agricultural land use lights, a contract on transfer of land use rights or the rights to use land and land-attached assets in which one party or all paities involved in the transaction is/are a real estate business organization or organizations must be notarized or certified at the request of the parties; c/ The documents on inhelitance ofland use rights or the lights to use land and land-attached assets must be notarized or ce1tified under the civil law; di The notarization shall be conducted at notarization-practicing organizations and the certification shall be conducted at commune-level People 's Committees. Article 168. Time to exercise the rights of land users ©Vietnam Law and Legal Fo1um 112 OFFICIAL GAZETTE Issue nos 01-04/January 2014 1. Land users may exercise the lights to transfer, lease, sublease, donate and mortgage land use rights and to contribute land use rights as capital upon receipt of a certificate. In case of exchanging agricultural land use rights, land users may exercise their rights upon receipt of a decision on land allocation or land lease. In case of inhelitance of land use lights, land users may exercise their rights upon receipt of a ce1tificate or when they are eligible to be granted a ce1tificate. A land user who is allowed to delay the pe1fo1mance of, or owe, his/her financial obligations, may exercise his/her lights only after fulfilling all financial obligations. 2. The transfer of land use rights within an investment project on constrnction of houses for sale or lease or the transfer ofland use rights together with the whole project within an investment project on constrnction of infrastrncture for transfer or lease may only be conducted upon receipt of a ce1tificate and satisfaction of all conditions prescribed in Article 194 of this Law. Article 169. Acquisition of land use lights 1. Acquisition of land use lights is prescribed as follows: a/ Households and individuals may acquire agricultural land use rights through exchange of land use rights as presclibed at Point b, Clause 1, Alticle 179 of this Law; b/ Economic organizations, households and individuals may acquire land use lights through receipt of transfer of land use rights, except the cases presclibed in Alticle 191 of this Law. Overseas Vietnamese may acquire land use rights through receipt of transfer of land use rights in industlial parks, industrial clusters, expo1t processing zones, hi-tech zones or economic zones. Foreign-invested enterprises may acquire investment capital which is the value ofland use rights in accordance with the Government's regulations; c/ Organizations, households, individuals and communities may acquire land use lights through receipt of donation ofland use rights as prescribed at Point c, Clause 2, A1ticle 174, and Pointe, Clause 1, A1ticle 179, of this Law, except the case prescribed in Alticle 191 of this Law; d/ Organizations, households, individuals and communities may acquire land use rights through receipt of inherited land use rights; dd/ Overseas Vietnamese who are eligible to own houses in Vietnam under the housing law may acquire land use rights through purchase, lease-purchase, inheritance or donation of houses associated with land use rights, or acquire land use lights in housing development projects; e/ Economic organizations and joint ventures may acquire land use rights through receipt of contribution of land use rights as capital; g/ Organizations, households, individuals, communities, religious institutions and overseas Vietnamese may acquire land use rights through land allocation by the State. Foreign-invested © Vietnam Law and Legal F ornm Issue nos 01-04/January 2014 OFFICIAL GAZETTE 113 enterplises may acquire land use rights through land allocation by the State to cany out investment projects on construction of houses for sale or for a combination of sale and lease; h/ Economic organizations, self-financed public non-business organizations, households, individuals, overseas Vietnamese, foreign-invested enterptises and foreign organizations with diplomatic functions may acquire land use tights through land lease by the State; i/ Organizations, households, individuals, communities and religious instinttions may acquire land use rights through the State's recognition of the existing stable use of the land; k/ Organizations, households, individuals, overseas Vietnamese and foreign-invested enterprises may acquire land use rights through the successful conciliation ofland disputes which is cettified by a competent People's Committee, the agreement in the m01tgage contract to handle the debt, or the decision of a competent state agency on settlement ofland disputes, complaints or denunciations, the decision or judgment of a People's Comt, the decision on judgment enforcement of the judgment enforcement agency which has been executed, the document recognizing the result of the auction of land use rights in accordance with law, or the document on splitting land use rights for households or groups sharing land use rights in accordance with law; 1/ Communities and religious instinttions may acquire land use rights through the successful conciliation ofland disputes which is cettified by a competent People's Committee, the decision of a competent state agency on settlement of land disputes, complaints or denunciations, the decision or judgment of a People's Comt, or the judgment enforcement decision of the judgment enforcement agency which has been executed; ml The organization which is a newly established legal entity through splitting or merger under the decision of a competent agency or organization or according to a lawful document on splitting or merger of economic organizations may acquire land use rights from the organizations which are split or merged legal entities. 2. Households and individuals may acquire land use lights, regardless of place of residence, except the cases prescribed in Clauses 3 and 4, Alticle 191 , and Alticle 192 of this Law. Article 170. General obligations of land users 1. To use the land for proper purposes, in accordance with the land parcel boundaries, in compliance with regulations on use of the depth beneath and the space above the parcel while protecting underground public facilities and in accordance with other relevant laws. 2. To declare and register land; to complete all related procedures upon exchange, transfer, lease, sublease, inheritance, donation of land use tights; mottgage or contribution of land use rights as capital in accordance with law. ©Vietnam Law and Legal Fomm 114 OFFICIAL GAZETTE Issue nos 01-04/January 2014 3. To folfill financial obligations in accordance with law. 4. To take measures to protect the land. 5. To comply with regulations on environmental protection and not to cause damage to the lawful benefits of related land users. 6. To comply with the law on discove1y of underground objects. 7. To return the land upon the State's decision on land recove1y or at the expily of the land use te1m without being pennitted to extend the land use tem1. Article 171. Limited use rights to the adjacent land parcel 1. The limited use rights to the adjacent land parcel include the right to access path, water supply and drainage, i11igation and drainage in cultivation, gas supply, power lines, communication and other reasonable needs on the adjacent land parcel. 2. The lilnited use rights to the adjacent land parcel shall be established in accordance with the civil law and must be registered under A1ticle 95 of this Law. Article 172. Right to choose method of land rental payment 1. Economic organizations, self-financed public non-business organizations, households, individuals, overseas Vietnamese and foreign-invested enterprises specified in Clause 1, Alticle 56 of this Law may choose between the fo1m of annual rental payment or foll one-off rental payment for the entire lease period. 2. Economic organizations, self-financed public non-business organizations, households, individuals, overseas Vietnamese and foreign-invested enterprises that are leasing land from the State with annual rental payment may change to the fo1m of foll one-off rental payment for the entire lease period. The specific land price used for detennination of land rental must be re dete1mined in accordance with this Law at the time the decision on approval of the change to the fo1m of foll one-off rental payment for the entire lease period is issued. Section 2 RIGHTS AND OBLIGATIONS OF ORGANIZATIONS USING LAND Article 173. Rights and obligations of organizations that are allocated land without land use levy by the State 1. Organizations to which the land is allocated by the State without land use levy have the rights and obligations prescribed in Alticles 166 and 170 of this Law. © Vietnam Law and Legal F ornm Issue nos 01-04/January 2014 OFFICIAL GAZETTE 115 2. Organizations to which the land is allocated by the State without land use levy may not exchange, transfer, donate, lease land use lights; m01tgage, contribute land use lights as capital, and are not entitled to compensation upon land recovery by the State. Article 17 4. Rights and obligations of organizations that are allocated land with land use levy by the State, or leased land with full one-off rental payment for the entire lease period 1. In addition to the rights and obligations prescribed in Clause 1 of this Alticle, economic organizations that are allocated land with land use levy or leased land with foll one-off payment for the entire lease period by the State have the rights and obligations prescribed in Alticles 166 and 170 of this Law. 2. Economic organizations that are allocated land with land use levy or leased land with foll one-off rental payment for the entire lease period by the State have the following rights : a/ To transfer land use rights and land-attached assets under their ownership; b/ To lease land use rights and land-attached assets under their ownership in case of being allocated with land use levy by the State and to sublease land use rights and land-attached assets under their ownership in case of being leased land with full one-off rental payment for the entire lease period by the State; cl To donate land use rights to the State and communities for construction of facilities for common public interests of the communities and donate land-attached gratitude houses in accordance with law; di To mortgage with land use rights and land-attached assets under their ownership at credit institutions which are licensed to operate in Vietnam; dd/ To contribute land use rights and land-attached assets under their ownership as capital for cooperation in production and business with organizations, individuals, overseas Vietnamese or foreign-invested enterprises in accordance with law. 3. Self-financed public non-business organizations leasing land with full one-off rental payment for the entire lease period from the State and for which the paid rental does not originate from the state budget, have the rights and obligations prescribed in Clauses 1 and 2 ofthis Alticle. The exercise of the rights is subject to written approval by a competent state agency. Self-financed public non-business organizations leasing land with foll one-off rental payment for the entire lease period from the State and for which the paid rental originates from the state budget have the rights and obligations prescribed in Alticle 173 of this Law. 4. Organizations that are allocated land with land use levy or leased land with full one-off rental payment for the entire lease period by the State, but are entitled to exemption from or reduction of land use levy or land rental, have the following rights and obligations: ©Vietnam Law and Legal Forum 116 OFFICIAL GAZETTE Issue nos 01-04/January 2014 a/ If the organization is allocated or leased land by the State for implementation of projects on construction of and trading in houses and is entitled to exemption from or reduction of land use levy or land rental, it has the same rights and obligations as being not entitled to exemption from or reduction of land use levy or land rental; b/ If the organization is allocated or leased land by the State for implementation of investment projects for profit purpose that is not prescribed at Point a ofthis Clause, and is allowed to pay a reduced land use levy or land rental, it has the same rights and obligations as being not entitled to exemption from or reduction ofland use levy or land rental for the land type with similar land use purpose; c/ If the organization is allocated or leased land by the State for implementation of investment projects for profit purpose that is not prescribed at Point a of this Clause, and is exempted from land use levy or land rental, it has the same rights and obligations as leasing land with annual rental payment for the land type with similar land use purpose. Article 175. Rights and obligations of economic organizations and public non-business organizations using leased land with annual rental payment 1. Economic organizations or public non-business organizations using leased land from the State with annual rental payment have the following rights and obligations: a/ General rights and obligations prescribed in Alticle 166 and A1ticle 170 of this Law; bl To m01tgage their assets attached to the leased land at credit institutions which are licensed to operate in Vietnam; c/ To sell their assets attached to the leased land upon the satisfaction of the conditions prescribed in Alticle 189 of this Law. The buyer of these assets may continue to be leased land for dete1mined land use purpose by the State; di To contribute their assets attached to the leased land as capital. The recipient of these assets may continue to be leased land for dete1mined land use purpose by the State; dd/ To sublease land use rights with annual rental payment for the land with completely constrncted infrastrncture in case they are pe1mitted to invest in the constrnction and commercial operation ofinfrastrncture in industrial parks, industrial clusters, expo1tprocessing zones, hi-tech zones or economic zones. 2. Economic organizations or public non-business organizations using land leased from organizations, households or individuals that are located outside industiial parks, industi·ial clusters or expo1t processing zones have the rights and obligations prescribed in the civil law. © Vietnam Law and Legal F ornm Issue nos 01-04/January 2014 OFFICIAL GAZETTE 117 Article 176. Rights and obligations of economic organizations which acquire land use rights or change land use purposes 1. Economic organizations which acquire land use lights or change land use purpose have the general rights and obligations prescribed in Articles 166 and 170 of this Law. 2. Economic organizations acquiring the lights to use the land which originates from being allocated with land use levy or being leased with full one-off rental payment for the entire lease period by the State and the land use levy or land rental does not originate from the state budget have the lights and obligations prescribed in Clause 2, Alticle 17 4 of this Law. 3. Economic organizations acquiring the agricultural land use rights in accordance with law have the following rights and obligations: a/ If they acquire land use lights without changing the land use purpose, they have the rights and obligations presclibed in Clause 2, Alticle 17 4 of this Law; b/ If they acquire land use rights and change the land use purpose and are eligible for being allocated land with land use levy or leased land with full one-off rental payment for the entire lease period, they have the rights and obligations prescribed in Clause 2, Alticle 174 of this Law; c/ If they acquire land use rights and change the land use purpose and are eligible for being leased land with annual rental payment, they have the lights and obligations prescribed in Article 175 of this Law. 4. The rights and obligations of economic organizations which are approved by competent state agencies to change the land use purpose from land allocation without land use levy to land allocation with land use levy or to land lease are presclibed as follows: a/ If the economic organization is allocated land with land use levy or leased land with full one-off rental payment for the entire lease period, it has the rights and obligations prescribed in Clause 2, Alticle 174 of this Law; b/ If the economic organization is leased land with annual rental payment, it has the rights and obligations presclibed in Clause 1, Alticle 17 5 of this Law. Article 177. Rights and obligations of economic organizations receiving land use rights as contlibuted capital; land use rights of economic organizations upon dissolution or bankrnptcy 1. Economic organizations receiving land use rights as contributed capital from households, individuals or other economic organizations have the rights and obligations prescribed in Alticle 174 of this Law in the following cases: ©Vietnam Law and Legal Fornm 118 OFFICIAL GAZETTE Issue nos 01-04/January 2014 a/ The land of economic organizations which contlibute capital is the land allocated with land use levy or leased with full one-off rental payment for the entire lease period by the State, or obtained through acquisition of land use rights; b/ The land cont1ibuted by households or individuals is not the land leased by the State with annual rental payment. 2. Land use rights of cooperatives upon dissolution or bankruptcy are prescribed as follows: a/ The land allocated without land use levy or allocated with land use levy or leased by the State or obtained through buying land-attached assets or obtained through lawful acquisition of land use rights from others for which the land use levy or land rental, or the paid amount for purchase of land-attached assets, or the fund for acquisition of land use rights originates from the state budget, shall be recovered by the State; b/ The land allocated with land use levy, leased with full one-off rental payment for the entire lease period by the State, or obtained through buying land-attached assets or obtained through lawful acquisition of land use rights from others for which the land use levy or land rental, or the paid amount for purchase of land-attached assets, or the fund for acquisition of land use rights does not originate from the state budget; the land obtained through contribution of land use rights as capital from cooperative members, is not recovered by the State. Land use rights belong to the cooperative and shall be settled in accordance with the charter of the cooperative and the resolution of the members' meeting. 3. Land use rights of the economic organization which is an enterprise, upon its dissolution or bankrnptcy, shall be settled in accordance with law. Article 178. Rights and obligations of economic organizations that are leased land for constrnction of underground facilities Economic organizations that are leased land by the State to invest in the construction of underground facilities have the following lights and obligations: 1. If the land is leased with full one-off rental payment for the entire lease peliod, they have the same rights and obligations as economic organizations presclibed in Clauses 1, 2 and 4, Alticle 17 4 of this Law; 2. If the land is leased with annual rental payment, they have the same lights and obligations as economic organizations prescribed in Clause 1, A1t icle 175 of this Law. © Vietnam Law and Legal F ornm Issue nos 01-04/January 2014 OFFICIAL GAZETTE 119 Section 3 RIGHTS AND OBLIGATIONS OF HOUSEHOLDS, INDIVIDUALS AND COMMUNITIES USING LAND Article 179. Rights and obligations of households and individuals using land 1. Households or individuals that use agricultural land allocated by the State within land use quotas, are allocated land with land use levy or leased with full one-off rental payment for the entire lease period, have land use rights recognized by the State, or obtain land through exchange, transfer, inheritance or donation, have the following rights and obligations: a/ The general rights and obligations prescribed in A1ticle 166 and Alticle 170 of this Law; b/ To exchange agriculniral land use rights with other households and individuals within the same commune, ward or township; cl To transfer land use rights in accordance with law; d/ To lease land use rights to other organizations, households, individuals or overseas Vietnamese investing in Vietnam; dd/ Individuals using land are entitled to bequeath their land use rights in accordance with their will or law. If any member of a household to which land has been allocated by the State dies, land use rights of that member may be inherited in accordance with his/her will or law. If the heir is an overseas Vietnamese who falls into the category defined in Clause 1, Alticle 186 of this Law, he/she is entitled to inherit land use rights. Otherwise, he/she is only entitled to receive the value of the inherited land use rights; e/ To donate land use rights under Pointe, Clause 2, Alticle 174 of this Law and to donate land use rights to households, individuals or overseas Vietnamese who fall into the category defined in Clause 1, Alticle 186 of this Law; g/ To mo1tgage land use rights at credit institutions which are licensed to operate in Vietnam, or at other economic organizations or individuals in accordance with law; h/ To contribute land use rights as capital to organizations, households, individuals or overseas Vietnamese for cooperation in production or business; i/ In case the land is subject to recove1y for project implementation, land users are entitled to invest on land by their own or to lease land use rights to the investor or to contribute land use rights as capital to the investor for project implementation in accordance with the Government's regulations. ©Vietnam Law and Legal Fo1um 120 OFFICIAL GAZETTE Issue nos 01-04/January 2014 2. Households or individuals that are leased land by the State with annual rental payment have the following rights and obligations: a/ The general rights and obligations presc1ibed in AI1icle 166 and AI1icle 170 of this Law; b/ To sell their assets attached to the leased land. The buyer of these assets may continue leasing land from the State for the detennined pm-pose; c/ To inherit or donate their assets attached to the leased land. The heir or donee may continue leasing land from the State for the dete1mined purpose; d/ To lease their assets attached to the leased land in accordance with the civil law; dd/ To mortgage their assets attached to the leased land at credit instin1tions which are licensed to operate in Vietnam, or at other economic organizations or individuals in accordance with law; e/ To contribute their assets attached to the leased land within the lease te1m as capital to organizations, households, individuals or overseas Vietnamese for cooperation in production or business. The recipient of such capital contribution may continue leasing land from the State for the dete1mined purpose 3. Households or individuals that sublease land in industrial parks, industrial clusters or expo1t processing zones have the following rights and obligations: a/ In case of leasing or subleasing land with full one-off rental payment for the entire lease period, they have the rights and obligations prescribed in Clause 1 of this Alticle; b/ In case of leasing or subleasing land with annual rental payment, they have the rights and obligations prescribed in Clause 2 of this Alticle. 4. Households or individuals that are allocated or leased land by the State and are entitled to exemption from or reductions ofland use levy or land rental have the same rights and obligations as being not entitled to exemption from or reductions of land use levy or land rental. 5. Households or individuals that use leased land from organizations, households or individuals that do not fall into the case specified in Clause 3 of this Alticle, have the rights and obligations prescribed in the civil law, Article 180. Rights and obligations of households and individuals changing land use purpose from land allocation without land use levy to land allocation with land use levy or land lease 1. Households or individuals that change land use purpose from land allocation without land use levy to land allocation with land use levy or land lease have the general rights and obligations prescribed in Alticles 166 and 170 of this Law. © Vietnam Law and Legal F ornm Issue nos 01-04/January 2014 OFFICIAL GAZETTE 121 2. The rights and obligations of households or individuals using land of which the land use purpose is pennitted to change from land allocation without land use levy to land allocation with land use levy or land lease by competent state agencies are prescribed as follows: a/ In case of being allocated land with land use levy or leased land with full one-off rental payment for the entire lease period, these households or individuals have the 1ights and obligations prescribed in Clause 1, Alticle 179 of this Law; b/ In case of being leased land with annual rental payment, these households or individuals have the rights and obligations prescribed in Clause 2, Alticle 179 of this Law. Article 181. Rights and obligations of religious institutions and communities using land 1. Religious institutions and communities using land have the general rights and obligations prescribed in Alticles 166 and 170 of this Law. 2. Religious institutions and communities using land may not exchange, transfer, lease or donate land use rights or mortgage or contribute as capital land use rights. Section 4 RIGHTS AND OBLIGATIONS OF OVERSEAS VIETNAMESE, FOREIGN ORGANIZATIONS WITH DIPLOMATIC FUNCTIONS AND FOREIGN-INVESTED ENTERPRISES USING LAND Article 182. Rights and obligations of foreign organizations with diplomatic functions 1. Foreign organizations with diplomatic functions using land in Vietnam have the following rights and obligations: a/ The general rights and obligations prescribed in A1ticles 166 and 170 of this Law; b/ To constrnct facilities on land in accordance with the licenses granted by competent state agencies of Vietnam; cl To own the facilities on the leased land constrncted by their own within the lease te1m. 2. In case there are different provisions in treaties to which the Socialist Republic of Vietnam is a contracting party, foreign organizations with diplomatic functions have the rights and obligations as provided in those treaties. Article 183. Rights and obligations of overseas Vietnamese and foreign-invested enterprises using land for implementation of investment projects in Vietnam 1. Overseas Vietnamese investing in Vietnam who are allocated land with land use levy by the Vietnamese State have the following rights and obligations: ©Vietnam Law and Legal Fo1um 122 OFFICIAL GAZETTE Issue nos 01-04/January 2014 a/ The general rights and obligations prescribed in Alticles 166 and 170 of this Law; b/ The rights and obligations presc1ibed in Clause 2, Alticle 174 ofthis Law. 2. Overseas Vietnamese and foreign-invested enteiptises that are leased land with annual rental payment from the Vietnamese State have the following tights and obligations: a/ The general rights and obligations presclibed in Alticles 166 and 170 of this Law; b/ To mo1tgage their assets attached to the leased land at credit institutions which are licensed to operate in Vietnam, and to contribute as capital their assets attached to the leased land. The recipient of the capital contribution may lease land from the State for the detennined purpose for the remaining lease te1m; c/ To sell their assets attached to the leased land upon fulfillment of the requirements presclibed inAlticle 189 of this Law; di To lease houses if they are pe1mitted to invest in the constrnction of and trading in houses. 3. Overseas Vietnamese or foreign-invested enterprises that lease land from the State with full one-off rental payment for the entire lease period and foreign-invested ente1plises that are allocated land with land use levy to implement projects have the following lights and obligations: a/ The general rights and obligations presclibed in Alticles 166 and 170 of this Law; b/ To transfer land use lights and land-attached assets under their ownership during the land use te1m; c/ To lease and sublease land use lights and land-attached assets under their ownership within the land use te1m; di To mortgage land use rights and land-attached assets under their ownership at credit institutions which are licensed to operate in Vietnam within the land use te1m; ddl To contribute land use rights and land-attached assets under their ownership as capital for cooperation in production and business within the land use te1m. 4. Foreign-invested ente1plises using land fo1med through the purchase of shares of Vietnamese ente1prises have the following rights and obligations: a/ In case the foreign-invested ente1plise fonned through the purchase of shares ofVietnamese ente1prises is a wholly foreign-invested ente1plise or a foreign-invested ente1prise in which the foreign investor is the dominant shareholder in accordance with the law on ente1prises, that foreign-invested ente1prise has the rights and obligations prescribed in Clauses 2 and 3 of this Alticle conesponding to the fo1m of payment of land use levy or land rental; © Vietnam Law and Legal F ornm Issue nos 01-04/January 2014 OFFICIAL GAZETTE 123 b/ In case the foreign-invested enterpiise fo1med through the purchase of shares of Vietnamese enterprises is an enterprise in which the Vietnamese party is the dominant shareholder in accordance with the law on enterprises, that foreign-invested enterprise has the lights and obligations as economic organizations as prescribed in Alticles 17 4 and 17 5 of this Law. 5. For overseas Vietnamese or foreign-invested enterp1ises that use land to implement investment projects in Vietnam and are allocated or leased with full one-off rental payment for the entire lease peiiod by the State and are exempted from land use levy or land rental or allowed to pay a reduced one, they have the rights and obligations prescribed in Clause 4, Alticle 174 of this Law. Article 184. Rights and obligations of joint ventures using land through receipt of land use rights as capital and wholly foreign-invested enterprises which are conve1ted from joint ventures 1. Joint ventures between foreign organizations, foreign individuals or overseas Vietnamese and economic organizations in which the economic organizations contribute land use rights as capital, have the rights and obligations prescribed in Alticle 17 4 of this Law in the following cases: a/ The land of which land use rights are contributed by the economic organizations is land allocated with land use levy or leased with full one-off rental payment for the entire lease peiiod by the State, and the paid amount of land use levy or land rental does not originate from the state budget; b/ The land of which land use rights is contributed by the econo1nic organizations through acquisition of land use rights is not the land leased by the State with annual rental payment, and the paid amount for the acquisition of land use rights does not originate from the state budget. 2. In case a state enterpiise leases land from the State before July 1, 2004, and is entitled to contdbute the value of land use rights as allocated from the state budget, not as a recorded debt, and does not have to pay land rental in accordance with the land law, as capital to establish a joint venture with a foreign organization or individual, that joint venture has the rights and obligations prescdbed inAlticle 174 of this Law. The value ofland use rights is considered the State's capital contdbuted to the joint venture. 3. In case an overseas Vietnamese who is allocated land with land use levy or leased land with full one-off rental payment for the entire lease period by the State conttibutes the value of land use rights in the capacity as a domestic economic organization as capital to a joint venture with a foreign organization or individual, that joint venture has the rights and obligations prescribed in Alticle 17 4 of this Law. © Vietnam Law and Legal F 01um 124 OFFICIAL GAZETTE Issue nos 01-04/January 2014 4. If a joint venture in which the Vietnamese party contributes land use rights as capital is converted into a wholly foreign-invested enterptise, it has the following tights and obligations: a/ The tights and obligations prescribed in Clause 2, Atticle 183 of this Law, for the case in which the conttibuted land use rights are not used for implementing investment projects on houses for sale and the wholly foreign-invested entetprise is leased land by the State with annual rental payment under Clause 1, Atticle 56 of this Law; b/ The rights and obligations prescribed in Clause 3, Atticle 183 of this Law, for the case in which the conttibuted land use lights are not used for implementing investment projects on houses for sale and the wholly foreign-invested enterprise is leased land by the State with full one-off rental payment for the entire lease period under Clause 1, Atticle 56 of this Law; c/ The lights and obligations prescribed in Clause 3, Atticle 183 of this Law, for the case in which the contributed land use rights are used for implementing projects on houses for sale and the wholly foreign-invested enterplise is allocated land by the State under Clause 3, Atticle 55 ofthis Law. Article 185. Rights and obligations of overseas Vietnamese and foreign-invested enterprises using land in industrial parks, industrial clusters, export processing zones, hi-tech zones or economic zones 1. Overseas Vietnamese may acquire land use rights in industtial parks, industtial clusters, export processing zones, hi-tech zones or economic zones, and have the rights and obligations prescribed in Atticle 17 4 of this Law. 2. Overseas Vietnamese or foreign-invested entetpiises leasing or subleasing land in industtial parks, industt·ial clusters, export processing zones, hi-tech zones or economic zones have the following lights and obligations: a/ In case of making full one-off rental payment for the land lease or sublease for the whole lease or sublease period, they have the rights and obligations prescribed in Atticle 17 4 of this Law; b/ In case of making annual rental payment, they have the rights and obligations presciibed inAtticle 175 of this Law. Article 186. Rights and obligations related to land use of overseas Vietnamese who are eligible to own houses in Vietnam; foreign individuals or overseas Vietnamese who are ineligible to buy houses associated with land use rights in Vietnam 1. Overseas Vietnamese who are entitled to own houses in accordance with the housing law are entitled to own houses associated with residential land use lights in Vietnam. © Viet11am Law and Legal F 01um Issue nos 01-04/January 2014 OFFICIAL GAZETTE 125 2. Overseas Vietnamese who are entitled to own houses associated with residential land use rights in Vietnam have the following rights and obligations: a/ The general rights and obligations prescribed in Article 166 and Article 170 of this Law; bl To transfer land use rights when selling, donating, bequeathing, exchanging houses with domestic organizations or individuals, overseas Vietnamese who are eligible to own houses for their own living; to donate houses associated with residential land use rights to the State, communities or donate houses of gratitude as prescribed at Point c, Clause 2, Article 17 4 of this Law. In case of donating or bequeathing to people who are ineligible to own houses in Vietnam, such people may only to receive the value of houses associated with residential land use rights; cl To m01tgage houses associated with residential land use rights at credit instin1tions which are licensed to operate in Vietnam; di To lease, and authorize the management of, houses when unused. 3. If all the heirs of land use rights and ownership of houses and other land-attached assets are foreigners or overseas Vietnamese who are ineligible to own houses in Vietnam as prescribed in Clause 1 of this Article, the heirs shall not be granted the ce1tificate of land use rights and ownership of houses and other land-attached assets but may transfer or donate the inherited land use rights in accordance with the following provisions: a/ In case oftransfening land use rights, the heirs may act as the transferor in the contract of transfer of land use rights; b/ In case of donating land use rights, the people to receive land use rights must be the subjects specified at Pointe, Clause 1, Article 179 of this Law and be eligible under the housing law, in which the heir may act as the donor in the contract or written document on donation commitment; c/ In case of not making the transfer or donation of land use rights, the heir or his/her representative with a lawful document on authorization, shall submit a dossier on the inheritance to the land registration agency in order to update on the cadastral book. 4. In case there is an overseas Vietnamese who is ineligible to buy a house associated with residential land use rights in Vietnam among the heirs while others are eligible to inherit land use rights in accordance with the land law and the inherited land use rights have not been divided, the heirs or their representatives with lawful documents on authorization, shall submit dossiers on the inheritance to the land registration agency in order to update on the cadastral book. Once the inheritance is made, the ce1tificates of land use rights and ownership of houses and other land-attached assets are granted to those who are eligible for being granted such ce1tificate. ©Vietnam Law and Legal Fomm 126 OFFICIAL GAZETTE Issue nos 01-04/January 2014 Regarding the overseas Vietnamese who is ineligible to buy houses associated with residential land use rights in Vietnam, his/her inherited part shall be dealt with in accordance with Clause 3 of this Alticle. 5. In the cases specified at Point c, Clause 3, and in Clause 4 of this Alticle, the heirs may autho1ize in writing other persons to take care or use land temporarily and perfo1m the obligations in accordance with the land law and other relevant laws. Article 187. Rights and obligations of overseas Vietnamese and foreign-invested enterprises leasing land for constrnction of underground facilities Overseas Vietnamese or foreign-invested ente1plises investing in the constiuction of underground facilities and leasing land from the State have the following lights and obligations: 1. In case ofleasing land with full one-off rental payment for the entire lease period, they have the rights and obligations presclibed in Clauses 3 and 5, Alticle 183 of this Law. 2. In case of leasing land with annual rental payment, they have the rights and obligations prescribed in Clauses 2 and 5, Alticle 183 of this Law. Section 5 CONDITIONS FOR THE EXERCISE OF RIGHTS OF LAND USERS Article 188. Conditions for the exercise of the rights to exchange, transfer, lease, sublease, inherit, donate or m01tgage land use rights; to contlibute land use rights as capital 1. Land users may exercise the rights to exchange, ti·ansfer, lease, sublease, inherit, donate or m01tgage land use lights and contribute land use rights as capital when meeting the following conditions: a/ Having the ce1ti:ficate, except the case prescribed in Clause 3, Alticle 186 and the case of receiving inheritance prescribed in Clause 1, Alticle 168 of this Law; b/ The land is dispute-free; c/ The land use rights are not distrained to secure judgment enforcement; d/ Within the land use te1m. 2. In addition to the conditions specified in Clause 1 of this Alticle, when exercising the rights to exchange, transfer, lease, sublease, inherit, donate or m01tgage land use lights and contlibute land use lights as capital, land users must also be eligible under Alticles 189, 190, 191, 192, 193 and 194 of this Law. © Vietnam Law and Legal F ornm Issue nos 01-04/January 2014 OFFICIAL GAZETTE 127 3. The exchange, transfer, lease, sublease, inheritance, donation or mo1tgage ofland use lights or contlibution of land use rights as capital must be registered with the land registration agency and will take effect from the time of registration in the cadastral book. Article 189. Conditions for selling and buying assets attached to land which is leased by the State with annual rental payment 1. Economic organizations, households, individuals, overseas Vietnamese and foreign invested enterprises may sell assets attached to leased land when fully meeting the following conditions: a/ The assets attached to leased land are legally established in accordance with law; b/ The constrnction has been completed in accordance with the detailed constmction master plan and approved investment project. 2. The buyer of assets attached to leased land must ensure the following conditions: a/ Having financial capacity to implement investment projects; b/ Having business lines relevant to investment projects; c/ Not violating the land law when being allocated or leased land from the State to implement the previous projects. 3. The buyers of assets may continue leasing land from the State within the remaining land use te1m according to specific land price and for the purposes dete1mined in the project documents. 4. The case of leasing land to implement projects on constrnction and commercial operation of infrastrncture is prescribed in Article 194 of this Law. Article 190. Conditions for exchanging agiicultural land use rights Households and individuals using agi·icultural land which is allocated by the State or obtained through exchange, acquisition of land use lights, inheritance, donation of lawful land use lights from other land users, may only exchange these agiicultural land use lights to other households and individuals in the same commune, ward or township to facilitate agricultural production, and do not have to pay income tax incuned from the exchange of land use lights and registration fee. Article 191. Cases in which acquisition or donation ofland use rights is not allowed 1. Organizations, households, individuals, communities, religious institutions, overseas Vietnamese and foreign-invested enterprises may not receive transfer or donation of land use rights in case the transfer or donation of land use rights is prohibited by law. ©Vietnam Law and Legal Fornm 128 OFFICIAL GAZETTE Issue nos 01-04/January 2014 2. Economic organizations may not acquire the tights to use paddy land, protection forest land or special-use forest land from households or individuals, except the case of change in land use pmpose in accordance with the land use master plan and plans approved by competent state agencies. 3. Households and individuals not directly engaged in agricultural production may not receive the transfer or donation of paddy land use 1ights. 4. Households and individuals may not receive the transfer or donation ofresidential land use rights and agricultural land use rights with regard to the land located in the areas of protection forests, strictly protected zones and ecological rehabilitation zones in special-use forests if they do not live in such protection forests or special-use forests. Article 192. Cases in which households and individuals may transfer or donate land use rights under ce11ain conditions 1. Households and individuals living in the stiictly protected zones or ecological rehabilitation zones in special-use forests and are not able to move out of these areas may only ti·ansfer or donate the rights to use residential land or forest land in combination with agricultural, forest1y and aquaculture production purposes to households and individuals living in these areas. 2. Households and individuals that are allocated residential land or agiicultural land in protection forests by the State may only ti·ansfer or donate the tights to use residential or agiicultural land to households and individuals living in these areas. 3. Households and individuals of ethnic minorities using allocated land under the suppo1t policies of the State may ti·ansfer or donate land use rights after 10 years from the date of issuance of the decisions on land allocation in accordance with the Government's regulations. Article 193. Conditions for receiving the ti·ansfer or conti·ibution as capital of, or leasing, agi·iculniral land use rights to cany out investment projects on non-agiicultural production and business Economic organizations, households and individuals may receive the ti·ansfer or contiibution as capital of, or lease, agi·icultural land use tights to cany out investment projects on non-agi·icultural production and business when fully meeting the following conditions: 1. Economic organizations may receive the ti·ansfer or conti·ibution as capital of, or lease, agi·icultural land use tights to cany out investment projects upon receiving written approval from a competent state agency. 2. The use purpose for the land area of which land use tights are acquired, conti·ibuted as capital or leased must be consistent with the land use master plan and plans approved by competent state agencies. © Vietnam Law and Legal F ornm Issue nos 01-04/January 2014 OFFICIAL GAZETTE 129 3. For land used exclusively for wet rice cultivation, the provisions of Clause 3, Alticle 134 of this Law shall apply. Article 194. Conditions for transferring land use rights in implementation of investment projects on construction of and trading in houses; investment projects on construction of infrastructure for transfer of lease 1. The transfer of land use rights in investment projects on construction of and trading in houses must be conducted in accordance with the following provisions: a/ The provincial-level People's Committee may, based on the Government's regulations on conditions and types of urban centers, permit investors of projects on construction ofand trading in houses to transfer land use rights in the form of dividing land parcels upon completion of the infrastructure construction and fulfillment of financial obligations related to land; b/ For investment projects on construction of and trading in houses, the tr·ansfer of land use rights together with the tr·ansfer of the whole or part of the project may be conducted upon receipt of the certificate. Those who acquire land use rights shall implement investment projects in accordance with the approved schedule. 2. The tr·ansfer ofland use rights together with the transfer of the whole project on constr·uction of infrastructure for tr·ansfer or lease must meet the following conditions: a/ Satisfaction of all conditions specified in Clause 1, Alticle 188 of this Law; b/ The technical infrastructure facilities must be completely constructed in accordance with the schedule stated in the approved project document. 3. The Government shall detail this Alticle. Chapter XII LAND-RELATED ADMINISTRATIVE PROCEDURES Article 195. Land-related administrative procedures 1. Land-related administrative procedures include: a/ Procedures for land recovery, land allocation, land lease, and change of land use purpose; b/ Procedures for registration of land and land-attached assets and grant of the certificate of land use rights and ownership of houses and other land-attached assets; c/ Procedures for renewal, re-grant, conection or withdrawal of the certificate, the certificate of house ownership or the certificate of construction work ownership; d/ Procedures for exercising the rights of land users; ©Vietnam Law and Legal Forum 130 OFFICIAL GAZETTE Issue nos 01-04/January 2014 dd/ Procedures for enforcing decisions on compulsory inventory and enforcing the implementation of land recove1y decisions; e/ Procedmes for conciliation and settlement of land disputes at administrative agencies; g/ Procedmes for sanction of administrative violations in the field of land. 2. The Government shall detail this Alticle. Article 196. Publicity of land-related administrative procedures 1. Contents of administrative procedures that need to be publicized include: a/ State agencies which have competence to receive dossiers and return results; b/ Time for handling each of the administrative procedures; c/ Documents in the dossier for each of the administrative procedures; d/ The process and responsibilities for settling each of the administrative procedures; dd/ Financial obligations, charges and fees payable for each of the administrative procedures. 2. The publicity of contents presctibed in Clause 1 of this Alticle must be conducted by regular posting at the offices of the agencies where the dossiers are received and the results are renuned; and posting on the website of the national database on administrative procedures and websites of provincial and district-level People's Committees. Article 197. Implementation of land-related administrative procedures 1. Ministries and agencies shall, according to their functions, tasks and powers, coordinate in the direction, guidance and examination of the implementation of land-related administrative procedures to ensure consistency of the land-related ad1ninistrative procedures with other related administrative procedures. 2. People's Committees at all levels shall direct, guide, examine and implement ad1ninistrative procedures in the localities and issue regulations on the coordination among relevant local agencies in settling land-related administrative procedures and other related administrative procedures. 3. Agencies having competence to settle land-related administrative procedures shall follow the presctibed order and procedures. 4. Land users and other related people shall fully follow the land-related administrative order and procedures and fulfill financial obligations as presctibed by law. © Vietnam Law and Legal F 01um Issue nos 01-04/January 2014 OFFICIAL GAZETTE Chapter XIII SUPERVISION, INSPECTION, SETTLEMENT OF DISPUTES, COMPLAINTS, DENUNCIATIONS AND HANDLING OF VIOLATIONS OF LAND LAW Section 1 SUPERVISION, MONITORING AND EVALUATION OF LAND MANAGEMENT AND USE 131 Article 198. Oversight by the National Assembly, People's Councils at all levels, Vietnam Fatherland Front and its member organizations of the land management and use 1. The National Assembly and People's Councils at all levels shall exercise the power to oversee the land management and use in accordance with the Constitution and the Law on Oversight Activities of the National Assembly and the Law on Organization of the People's Councils and People's Committees. 2. The Vietnam Fatherland Front and its member organizations shall exercise the power to supervise the land management and use in accordance with the Constitution, the Law on the Vietnam Fatherland Front and other relevant laws. Article 199. Supervision by citizens of land management and use 1. Citizen have the right to supe1vise and repo1t on wrongdoings and violations in the land management and use by themselves or through representative organizations. 2. The supe1vision and reporting must ensure objectivity, honesty and lawfulness. Citizens may not abuse the right to supe1v ise and repo1t to lodge complaints and denunciations illegally or negatively affect social order. Citizens shall take responsibility before law for the accuracy of the info1mation they have reported. 3. The contents of supe1vision of the land management and use by citizens include: a/ Fo1mulation, adjustment, publicization and implementation of land use master plans and plans; b/ Land allocation, land lease, and pe1mission for change of land use purpose; c/ Land recove1y , compensation, support and resettlement; di Registration ofland and land-attached assets, and grant of the ce1tificate ofland use rights and ownership of houses and other land-attached assets; dd/ Collection of, exemption from, or reduction of, land use levy, land rental and land-related taxes, and land valuation; ©Vietnam Law and Legal Fomm 132 OFFICIAL GAZETTE Issue nos 01-04/January 2014 e/ Implementation of administrative procedures related to the lights and obligations of land users. 4. The methods of supervision of the land management and use by citizens include: a/ Directly exercising the right to supervision through reporting and sending petitions to agencies or persons with settling competence; b/ Sending petitions to the lawful representative organizations for these organizations to conduct the supervision. 5. Responsibilities of competent state agencies upon receiving opinions from citizens and representative organizations: a/ To exainine, settle and respond to the opinions in writing according to their competence; b/ To forward the petitions to competent state agencies for settlement, for cases falling beyond their competence; c/ To notify the results to the reporting organizations or individuals. Article 200. System of monitoring and evaluation of the land management and use 1. The system of monitoring and evaluation of the land management and use shall be used to evaluate the implementation of the land law, the efficiency of land management and use, and the impacts of land policy and law on the economy, society and enviromnent on both national and local scales. 2. The system of monitoring and evaluation of the land management and use shall be developed based on the land information system and the collection of other information dming the implementation of the land law throughout the countiy, including: a/ Information on land use master plans and plans, land statistics and invent01ies, land prices and land taxes; land allocation, land lease, land recovery, permission for change ofland use purpose, grant of the certificate ofland use rights and ownership of houses and other land-attached assets; implementation of investinent projects using land; observance of the land law; exainination, inspection and handling of land-related violations of administi·ative agencies; b/ Information on the settlement of disputes and lawsuits over land; c/ Information from the supervision process of the land law implementation of the National Assembly, People's Councils at all levels, Vietnam Fatherland Front and its member organizations, other related organizations and people; d/ Necessa1y info1mation which needs to be collected by technology solutions including aerial photography from satellites, aircraft and other flying craft, field smveys and other technical equipment; © Vietnain Law and Legal F ornm Issue nos 01-04/January 2014 OFFICIAL GAZETTE 133 dd/ Necessary info1mation from the sociological survey data on land management and use which is obtained from different researches, investigations, surveys and pe1fo1mance of additional sociological investigations when necessary. 3. The agency in charge of natural resources and environment shall manage the monitoring and evaluation system, conduct evaluation of the land law implementation, the efficiency in the land management and use and the impacts of land policy and law on the economy, society and environment on both national and local levels. The evaluation results shall be sent periodically to the Government and the National Assembly. 4. The state agency which archives the infonnation specified in Clause 2 of this Alticle shall provide infonnation sufficiently, accurately and timely to the agency managing the monitoring and evaluation system. The agency in charge of natural resources and enviromnent shall update the info1mation in the monitoring and evaluation system into the land info1mation system. 5. The monitoring and evaluation system on the land management and use shall be made public for info1mation search by organizations and individuals in accordance with law. 6. The Government shall prescribe in detail the creation and operation of the monitoring and evaluation system on land management and use. Section 2 INSPECTION, SETTLEMENT OF DISPUTES, COMPLAINTS AND DENUNCIATIONS AND TREATMENT OF VIOLATIONS OF LAND LAW Article 201. Specialized land inspection 1. Specialized land inspection means inspection activities cani ed out by competent state agencies toward agencies, organizations and individuals regarding their observance of the land law and professional, technical and management regulations in the field of land. The Ministry of Natural Resources and Environment shall direct and organize the implementation of specialized land inspection throughout the countiy. Local land administration agencies shall organize specialized land inspections in localities. 2. The specialized land inspection includes the following contents: a/ Inspection of the observance of the land law by People's Committees at all levels; b/ Inspection of the observance of the land law by land users and other related organizations and individuals; cl Inspection of the observance of professional and technical regulations in the field of land. ©Vietnam Law and Legal Fomm 134 OFFICIAL GAZETTE Issue nos 01-04/January 2014 3. Specialized land inspectors have the following tasks: a/ To inspect the obse1vance of the land law by state agencies and land users in land management and use; b/ To detect, prevent and handle violations of the land law according to their competence or propose the settlement of violations to competent state agencies. 4. The powers and obligations of leaders of inspection teams, inspectors, civil se1vants pe1fonning specialized land inspection, and the procedures for specialized land inspection comply with the inspection law. Article 202. Conciliation of land disputes 1. The State shall encourage the disputing parties to conciliate themselves or have their land disputes settled through grassroots conciliation. 2. In case the self-reconciliation fails, the parties may send a petition to the commune-level People's Committee of the locality where the disputed land is located, for reconciliation. 3. Commune-level People's Committee chailpersons shall organize conciliation ofland disputes in their localities. In the process of conciliation, they shall coordinate with the commune-level Vietnam Fatherland Front Committee and its member organizations and other social organizations. The conciliation procedures canied out at the commune-level People's Committees shall be completed within 45 days from the date the commune-level People's Committees receive a petition for settlement of land dispute. 4. The conciliation process must be recorded in a minutes with signanires of all parties and ce1tified by the commune-level People's Committee on the result, either a successful or unsuccessful conciliation. The conciliation minutes shall then be sent to the involved parties and archived at the commune-level People's Committee concerned. 5. In case of successful conciliation which results in changes in the boundaries or land users, the commune-level People's Committee shall send the conciliation minutes to the district-level Division of Narural Resources and Environment, for land disputes among households, individuals and communities, or to the provincial-level Depaitment ofNaniral Resources and Environment, for other land disputes. The district-level Division of Naniral Resources and Enviromnent or the provincial-level Depaitment ofNarural Resources and Enviromnent shall submit the case to the People's Committee of the same level for decision on recognizing the change in boundalies or renewing the ce1tificate ofland use rights, houses and other land-related assets ownership. © Vietnam Law and Legal F ornm Issue nos 01-04/January 2014 OFFICIAL GAZETTE 135 Article 203. Competence to settle land disputes If the conciliation at a commune-level People's Committee fails, a land dispute shall be settled as fo llows: 1. The land dispute in which the concerned paJty possesses a certificate or any of the papers prescribed in Alt icle 100 of this Law and the dispute over land-attached assets shall be settled by the People's Comt; 2. For the land dispute in which the concerned pa1ty does not possess a certificate or any of the papers prescribed in Alticle 100 of this Law, the pa1ties may choose between the following two options of settlement: a/ Filing a written request for dispute settlement with a competent People's Committee as prescribed in Clause 3 of this Alticle; b/ Filing a lawsuit with a competent People's Comt in accordance with the law on civil procedures; 3. In case the concerned pa1ties choose the option of settlement at a competent People's Committee, the settlement is as follows: a/ In case the dispute occurs among households, individuals and communities, the chairperson of the district-level People Committee is responsible for the settlement. If the concerned parties disagree with the settlement decision, they are entitled to lodge a complaint with the chairperson of the provincial-level People's Committee or to file a lawsuit at a People's Comt in accordance with the law on administrative procedures; b/ In case the dispute involves one party being an organization, a religious institution, an overseas Vietnamese or a foreign-invested enterplise, the chab.person of the provincial-level People's Committee is responsible for the settlement. If the concerned parties disagree with the settlement decision, they are entitled to lodge a complaint with the Minister ofNatural Resources and Environment or to file a lawsuit with a People's Comt in accordance with the law on adininistrative procedures; 4. The person having competence to settle the land dispute as prescribed in Clause 3 of this Article shall issue a settlement decision. The legally effective decision on dispute settlement must be strictly complied by the concerned parties. If the pa1ties fail to comply, the decision shall be enforced. Article 204. Settlement of complaints and lawsuits related to land 1. Land users and people who have land use-related rights and obligations are entitled to lodge complaints about, or file lawsuits against, administi·ative decisions or administi·ative acts in land management. © Vietnam Law and Legal F 01um 136 OFFICIAL GAZETTE Issue nos 01-04/January 2014 2. The order and procedures for settling complaints about administrative decisions or administrative acts related to land comply with the law on complaints. The order and procedmes for settling lawsuits against administrative decisions or administrative acts related to land comply with the law on administrative procedures. Article 205. Settlement of denunciations about land 1. Individuals are entitled to denounce violations of the law on land management and use. 2. The settlement of denunciations about violations of the law on land management and use shall comply with the law on denunciations. Article 206. Handling of violators of land law 1. Violators of the land law shall, depending on the nature and seriousness of their violations, be administratively sanctioned or examined for penal liability in accordance with law. 2. Those who commit violations of the land law which cause damage to the State or other people, shall be handled in accordance with law and pay compensation for the actual damage caused to the State or to other people. Article 207. Handling of persons who commit violations of land law while on duty in the field of land 1. Those who commit violations of the land law while on duty shall, depending on the nanire and seriousness of their violations, be disciplined or examined for penal liability in accordance with law for the following violations: a/ Abusing positions and powers to commit illegal acts in land allocation, land lease, change of land use purpose, land recove1y, compensation, suppo1t, resettlement, transfer of land use rights, implementation ofland use master plans and plans, dete1mination of financial obligations related to land, management of cadastral records, or issuance of administrative decisions in land management; b/ Lacking responsibility in management which lets violations ofland law occur, or committing other acts which cause damage to land resources or the rights and obligations of land users; c/ Violating regulations on consultation, publicization and publicity of info1mation; violating regulations on administrative order and procedures; violating reporting regulations in land management. 2. The Government shall detail this Alticle. © Vietnam Law and Legal F ornm Issue nos 01-04/January 2014 OFFICIAL GAZETTE 137 Article 208. Responsibilities of chairpersons of People's Committees at all levels in detecting, preventing and handling violations oflaw on land management and use 1. Chairpersons of the People's Committees at all levels shall detect, prevent and promptly handle violations of the law on land management and use in localities. 2. Chairpersons of commune-level People's Committees shall detect, prevent and promptly handle the illegal transfer of land use rights and change of land use purpose; detect, prevent and promptly handle the constrnction of facilities on encroached land, occupied land or the land used for improper purposes in their localities, and force the violators to restore the land to the conditions as before the violation was committed. Article 209. Receipt and handling of responsibility of heads, civil servants or public employees working at land administration agencies at all levels and commune-level cadastral civil servants who violate the order of canying out administrative procedures 1. Organizations or individuals that detect civil servants or public employees of the land administration agencies at all levels or commune-level cadast:ral civil servants violating regulations on the order and procedures and tenns for land allocation, land lease, pe1mission for change of land use pmpose, land recove1y, pe1fo1mance of procedures for exercising the rights ofland users, or grant of the ce1tificate, may send a petition to the following competent persons: a/ For violations committed by commune-level cadastral civil servants, the petition shall be sent to the chai1person of the commune-level People's Committee; b/ For violations committed by civil se1vants or public employees working at a land administration agency, the petition shall be sent to the director of the land administration agency concerned; c/ For violations com1nitted by the director of a land administration agency, the petition shall be sent to the chai1person of the People's Committee of the same level. 2. Within 30 days after receiving a petition, the chailperson of the People's Committee or the head of the land ad1ninistration agency prescribed in Clause 1 of this Alticle shall consider and settle the petition and notify the result to the petitioner. Chapter XIV IMPLEMENTATION PROVISIONS Article 210. Transitional provisions 1. For those that leased land from the State before July 1, 2004, and have paid land rental for the entire lease period or prepaid land rental for many years while the land lease period for ©Vietnam Law and Legal Fo1um 138 OFFICIAL GAZETTE Issue nos 01-04/January 2014 which the land rental is already paid remains 5 years or more, economic organizations have the rights and obligations presciibed in Article 174 of this Law, while households and individuals have the rights and obligations presciibed in Clause 1, Alticle 179 of this Law. 2. If an investor leasing land from the State with annual rental payment for constmction and commercial operation of infrastmcture of industrial parks, industrial clusters or export processing zones has subleased out the land together with infrastructure in the fo1m of full one-off rental payment for the entire lease period prior to the effective date of this Law, the investor shall pay the land rental to the State in accordance with the Government's regulations. Those who sublease the land have the same rights and obligations as leasing land with full one-off rental payment for the entire lease period from the State after the investor has paid the whole land rental to the state budget. 3. Households and individuals that are directly engaged in agricultural production and have been allocated or recognized land use rights or acquired agricultural land use rights prior to the effective date of this Law, if still having demand at the expiry of the land use te1m, may use the land within the term prescribed in Clause 1, Article 126 of this Law. The land use term shall be counted from October 15, 2013, for cases in which the land use term expires on October 15, 2013, in accordance with the 2003 Land Law; and from the expiry date of the land allocation term, for cases in which the land use term expires after October 15, 2013 . 4. For households and individuals that use agricultural land prior to the effective date of this Law and have not been gi·anted the ce1tificate, the land use te1m upon the grant of the Ce1tificate shall be counted from the effective date of this Law. 5. For the land allocated by the State to economic organizations to create capital for infrasll11cture constmction within a project, or the land obtained through the winning at auctions ofland use lights before July 1, 2004, and used by the economic organizations with no dete1mined land use te1m, the land use te1m will comply with the Government's regulations. 6. The provisions of this Law do not apply to the projects or facilities for which the compensation, suppo1t and resettlement have been conducted prior to the effective date of this Law. In case the plan for compensation, suppo1t and resettlement for the project or facilities has been approved or the compensation, suppo1t and resettlement are being conducted in accordance with the plan approved before the effective date of this Law, the compensation, suppo1t and resettlement must still be conducted in accordance with the approved plan, not in accordance with this Law. © Vietnam Law and Legal F ornm Issue nos 01-04/January 2014 OFFICIAL GAZETTE 139 7. Regarding cases of land allocation, land lease, change of land use purpose or recognition of land use lights which have been implemented before the effective date of this Law and the land users have not fhlfilled their financial obligations, the time for calculation of land use levy or land rental shall comply with the Government's regulations. 8. Households and individuals using agiicultural land areas allocated in excess of the land use quotas before the effective date of this Law, shall change to lease land in accordance with this Law. 9. The Government shall prescribe the handling of specific cases in which the land is used in contravention of the land law and the cases guaranteed by land use rights before the effective date of this Law. Article 211. Effect 1. This Law takes effect on July 1, 2014. Land Law No.13/2003/QHll and Resolution No. 49/2013/QH13 of June 21 , 2013, of the National Assembly on extension of the land use term for annual crops, aquaculture or salt production of households and individuals cease to be effective on the effective date of this Law. 2. Alticle 57 of Law No. 66/2006/QHl 1 on Vietnam Civil Aviation, Alticle 2 of Law No. 34/2009/Q H 12 Alnending and Supplementing Alticle 126 of the Law on Housing and A1ticle 121 of the Land Law, Alticle 4 of Law No. 38/2009/QH12 Amending and Supplementing a Number of A1ticles of Laws Concerning Capital Constmction Investment, Alticle 264 of Law No. 64/2010/ Q H 12 on Administrative Procedures, and the provisions on land requisition in Law No. 15/2008/ QH12 on Compulso1y Purchase and Requisition of Prope1ty, are hereby annulled. Article 212. Detailing provision The Government shall detail the articles and clauses as assigned in this Law. This Law was passed on November 29, 2013, by the XIJfh National Assembly of the Socialist Republic of Vzetnarn at its 6fh session. Chairman of the National Assembly NGUYEN SINH HUNG ©Vietnam Law and Legal Fo1um 140 OFFICIAL GAZETTE Issue nos 01-04/January 2014 SUMMARY Cone Bao Nos 1013-1014 (31112/2013) LEGAL DOCUMENTS THE NATIONAL ASSEMBLY Resolution No. 66/2013/QH13 of November 29, 2013, adjusting a number of contents and solutions to effectively implement the policy on construction of Ho Chi Minh Road under Resolution No. 38/2004/QHH Resolution No. 68/2013/QH13 of November 29, 2013, intensifying the implementation of policies and laws on health insurance toward universal health insurance Resolution No. 69/2013/QH13 of November 29, 2013, on questions and answers at the 6th session of the XIIIth National Assembly THE MINISTRY OF TRANSPORT Circular No. 49/2013/TT-BGTVT of December 6, 2013, announcing seaport waters of Ha Tinh province and areas under the management of the Maritime Administration of Ha Tinh province This Circular takes effect on March 1, 2014, and annuls Decision No. 11/2007/QD-BGTVT of February 28, 2007. Circular No. 50/2013/IT-BGTVT of December 6, 2013, amending and supplementing Article 2 of the Minister ofTransport's Circular No. 31/2010/TT-BGTVT of October 1, 2010, announcing seaport waters of Hai Phong city and areas under the management of the Maritime Administration of Hai Phong city This Circular takes effect on February 1, 2014. © Vietnam Law and Legal F arum Issue nos 01-04/January 2014 OFFICIAL GAZETTE 141 THE MINISTRY OF FINANCE Circular No. 176/2013/TI-BTC of November 29, 2013, guiding the exemption from land rents and land use levies serving main production and business activities of the Vietnam Post This Circular takes effect from January 15, 2014, through December 31, 2018. Circular No. 178/2013/TT-BTC of December 2, 2013, detailing and guiding a number of articles of the Government's Decree No. 10/2013/ND-CP of January 11, 2013, on the management, use and operation of road transport infrastructure assets This Circular takes effect on Febma1y 1, 2014. THE MINISTRY OF CULTURE, SPORTS AND TOURISM Circular No. 09/2013/TT-BVHTTDL of November 26, 2013, prescribing the operation conditions of sports facilities organizing Karate activities This Circular takes effect on Febma1y 1, 2014. OTHER DOCUMENTS CONSOLIDATED DOCUMENTS Document No. 08/2013/VBHN-NHNN of December 13, 2013, on consolidation of the Circulars guiding foreign exchange transactions between the State Bank of Vietnam and credit institutions and foreign bank branches This Document consolidates Circular No. 02/2012/TT-NHNN ofFebmaiy 27, 2012, of the Governor of the State Bank of Vietnam, guiding foreign exchange transactions between the State Bank of Vietnam and credit institutions and foreign bank branches, and Circular No. 27/2013/ TT-NHNN of December 5, 2013, amending and supplementing a number of articles of Circular No. 02/2012/TT-NHNN ofFebma1y 27, 2012. ©Vietnam Law and Legal Fo1um 142 OFFICIAL GAZETTE Issue nos 01-04/January 2014 Cone Bao Nos 01-02 (01101/2014) LEGAL DOCUMENTS THE COMMITTEE FOR ETHNIC AFFAIRS - THE MINISTRY OF AGRICULTURE AND RURAL DEVELOPMENT - THE MINISTRY OF PLANNING AND INVESTMENT - THE MINISTRY OF FINANCE - THE MINISTRY OF CONSTRUCTION Joint Circular No. 05/2013/TTLT-UBDT-NNPTNT-KHDT-TC-XD of November 18, 2013, guiding the implementation of Program 135 on supports for infrastructure investment and production development for extreme difficulty-hit, border and safety zone communes, and extreme difficulty-hit villages and hamlets This Joint Circular takes effect on Januaiy 3, 2014. OTHER DOCUMENTS CONSOLIDATED DOCUMENTS Document No. 24NBHN-BGTVT of December 12, 2013, on consolidation of the Circulars prescribing titles and title-based tasks of seamen and registration of seamen working on board Vietnam seagoing ships This Document consolidates the Minister of Transport's Circular No. 07/2012/TT-BGTVT of March 21 , 2012, prescribing titles and title-based tasks of seamen and registration of seamen working on board Vietnam seagoing ships, and Circular No. 04/2013/TT-BGTVT of April 1, 2013, amending and supplementing a number of articles of Circular No. 07/2012/TT-BGTVT of March 21, 2012. © Vietnam Law and Legal F ornm Price: Vietnam delivery VND 188,000 Overseas delivery US$ 20.00