Decree No. 181/2004/ND-CP on the implementation of the Land Law

THE GOVERNMENT DECREE No. 181/2004/ND-CP OF OCTOBER 29, 2004 ON THE IMPLEMENTATION OF THE LANDLAW THE GOVERNMENT Pursuant to the December 25, 2001 Law on Organization of the Government; Pursuant to the November 26, 2003 Land Law; At the proposal of the Minister of Natural Resources and Environment, DECREES: Chapter I GENERAL PROVISIONS Article 1.- Scope of regulation and subjects of application 1. This Decree prescribes the implementation of the Land Law, which was passed on November 26, 2003 by the Xl th National Assembly at its 4th session. 2. The prescription of land price•determining methods, price brackets for assorted land categories: land use levy and !and rent collection; compensation, support, resettlement when the State recovers land for use for defense or security purposes, for national interests, public interests, economic development; land inspection; sanctioning of administrative violations in the field of land shall comply with the provisions of other decroes of the Government. 3. Subjects of application of this Decree shall include: a) State agencies, which exercise the powers and perform the responsibilities o1 reprnsentatives of the entire-people owners of land, perform tl1e task of uniform State rnanagr:m1ent over land; b) Lc:md users, as provided for in Article 9 of the Land Law; c) Other subjects involved in land management and use. Article 2.- Persons answerable to the State for the use of land The persons answerable to the State for the use of land are stipulated as follows: 1. The Heads of Vietnamese organizations, foreign organizations are the persons answerable to the State for the use of land by their respective organizations. 2. The Presidents of the People's Committees of communes, wards, district townships are answerable to the State for the use of agricultural land for public· utility purposes; non-agricultural land assigned to the commune, ward or township People's Committees for use for the purpose of constructing ttie offices of the People's Committees as well as public works in service of cultural, educational, medical, physical exercise, sport, entertainment or recreation activities, market places, cemeteries, graveyards or other public works of the localities. 3. The representatives ot the population communities are the persons answerable to the State for the use of land assigned to such population communities. 4. The Heads of religious establishments are tho persons answerable to the State for the uso of land assigned to their religious establishments. 5. Household masters are the persons answerable to the State for the use of land by their households. 6. Vietnamese individuals, overseas Vietnamese, foreign individuals are answerablG to the Slate for their land use. 7. The repro~mritatives of \and usHrs who share the land use rights over their comrnor I land plots are the persons answ(mtblu to thn State for the u:-;n of such land. A1ticle 3.- Pnrsons answnrablo to thn Stato to,· land assigned for manage➔mnnt 1. The Heads of organi1ations aro answorablu to the State for land mana~wment in tho following r:ases: a) Organizations arn assignod to manage~ public works defined in Clause 3, Article 91 of this Docree; b) Economic organizations are assigrwd to manaoe land areas for exocution of investment projects in form of build- transfer (BT) under the provisions of Clause 1, Article 87 of this Decree; c) Organizations are assigned to manage land with surface water of big rivers and land with spocial use water surface; d) Land fund development organizations are assigned to manage funds of land recovered under decisions of competent Slate bodies. 2. The Presidents of the People's Committees of communes, wards or townships are answerable to the State for the management of assigned land used for public purposes, 'and recovered in rural areas for cases prescribed in Clauses 2, 3, 4, 5, 6, 7, 8, 9, 10, 11 and 12, Article 38 of the Land Law, land not yot assigned and land not yet leased in the localities. 3. The provincial/municipal People's Committee presidents arc answerable to the State for the management of unused land in uninhabited islands of the localities. 4. Tho roprosontativos of population communitius arc answerable to the State forforestry land assigned to the population communities for forost protoction and clevolopmont accordin9 to the provisions of tho Law on 1-::orest Protection and Developrnont. Article 4.- Guarantor)t, for land users 1. Trw Stalo shall not mcognizn land reclaim and shall not considur and :;ntlle complaint'.: for mclai111 of land already nssirJrH:!d ! 1y the State to 0U1Pr pfnsons for use➔ undor land policiu1; tJoforo Octolmr 1 (j, 1993 in tho following cw;n:,: a) Land wac; confo;cated, rHquisitioned or compulsorily purchm;ed upon 1he implmmrntation of land reforms in t11e North; the policy of completely abolishing t11e vostigos of land possession and forms of colonial and fnudal exploitation in the South; b) Land was donated or presented to the Statfl, cooperatives or other organizations, to households, individuals; c) l .. and was contributed to agricultural cooperatives undc~r the provisions of high-grado agriGultural Gooporntives' statutes; d) Inhabited land was assigned by the State to other persons for use as residential land; residen1ial land and garden land was returned to cooperatives before leaving for virgin land reclamation; land was recovered for assignment to other persons or readjusted to other persons upon the settlement of land disputes; e) Land was divided to other persons in response to the campaign of sharing land to landless people or land•deficient poopl(, in the South following the liberation. 2. The settlement of land .. related complaints and disputes must be based on the land legislation at the time when the land relations arose, leading to complaints or disputes, which include the following land•related documents: a) The Land Reform Law promulgated on December 4, 1953 of the Democratic Rc➔public of Vietnam; b) Circular No. 13/TTg of July 7, 1962 of tho Primo Minister of \ho Dornocratic Ropublic of Vietnam on the management of private land, which was leased, loft ownorl<➔ss, left unused in inner cities, towns; c) The high-yrade agricultural coopf~ratives' statuto promulgatocl on May 1 , 1969; d) Ho:1olution No. 12!.i/CP of Junn 28, 1911 of tlw Covmnrnont Couni:il of tlw Dnrnocratic Flnpublir: of Vietnam on ont1ancornent of lamJ rnanagmncmt; o) Decree No. 47/CP of March ·1s, i972 of the Government Council of thD Democratic Rr➔ pulJlic of Vietnam promulgat'lng the Provisional Hoguial'lon on selection of project locations and management of construction land; f) Resolution No. 28/CP of December 16, 1973 of the Government CounGil of the Democratic Republic of Vietnam on population relocation for river-bed clearance; g) Decision No. 129/CP of May 25, 1974 of the Government Council of the Democratic Republic of Vietnam promulgating policies towards cooperatives which expand areas for agricultural or forestry development in midland and mountainous areas·, h) Decree No. 01/ND/75 of March 5, 1975 of the Provisional Revolutionary Government of the Republic of South Vietnam on land policies; i) Directive No. 235-CTfrW of August 20, 1976 of the Central Committee of Vietnam Labor Party on the realization of the Political Bureau's Resolution on the issue of land in the South; j) Decision No. 188/CP of September 25, 1976 of the Government Council of the Socialist Republic of Vietnam on the policy of absolutely abolishing the vestiges ot land possession and forms ol colonial and leudal exploitation in the South; k) Decision No. 318/CP ol December 14, 1978 of the Government Council of the Socialist Republic of Vietnarn on abolishing the forms ot capitalist exploitation in terms of land and promoting the land adjustment in rural areas in the South; I) Decision No. 201 /CP of ,July 1, 1980 of the Government Council of the Socialist Republic of Vietnam on the uniform managernent of land and enrrnncernent of land management nationwidf-J; m) The 1987 Land Law and Decree No. 30/HDBT of March 23, 1989 of tile Council of Ministers 011 tho implementation of tho 19fl7 Land Law; n) Decision No. 13/l IDBT of Fobruary 1, 191!9 of tho Coundl of Min·11,lurs ol tho Socialist nopublic ol Vietnam 011 sottlmrnmt of a numbor of tll'gent is:;ucs on land. 3. The suttlernont of residontial land, non· a~Jricultural production and business land with constructions thereon under the State's managemont, which I1ave been arranged for uso in the process of irnplernonting policies on house and land management and policies on socialist transformation before July i, 1991 shall comply with tho provisions of Resolution No. 23/2003/OH11 of November 26, 2003 of the National Assembly and legal documents guiding tho implementation of this Resolution, Article 5.- Funding for State management over land 1. The State budget ensures funding for activities of State management over land and investment in cadastral non-business activities (including land survey, measurement, cadastral mapping; land evaluatfon and categorization; land use planning and plan elaboration, appraisal, publicization and adjustment; cadastral dossier compilation, land use right certificate granting; land statistics and inventory and other cadastral non-business activities) under law provisions. 2. The Ministry of Natural Flesources and Environment shall assume the prime responsibility tor, and coordinate with the concerned ministries and agencies in, forrnulatin9 rngirnos, standards, tochno .. economic norms for cadastraf non-businoss activities for use as basis !or allocation and managHment o! funding. 3. Ttie central budge! shall ensure tho spending tasks for IF1nd .. Stat0 management work at U-10 central level. The local budgets shall ensure tho spending tasks for land-State management work in localities accordin£l le management decentralization rn9ulations. Article 6.- Land cat()gorization 1. Land cat(·)fJoriDs, land uso purposc~f; of each land plot shall tJe dotonnined on one of the following grounds: a) Decisions 011 land assignment, land lease, land use purpose change permission, issued by competent State agencies; b) Land use right certificates already granted to current land users with their land use rights recognized by the State; c) Registration of !and use purpose changes suitable to land use plannings, plans, for cases requiring no permission for land use purpose change; d) Land being stably used in conformity with land use plannings already approved by competent State agencies; e) For cases where the grounds prescribed at Points a, b, c and d of this Clause are not available, the People's Committees of rural districts, urban districts, provincial capitals or towns shall base themselves on the stable land use situation to determine land categories and land use purposes. 2. Apart from the principal land use purposes determined under the provisions of Clause 1 of this Article, land users may use land for other combined purposes without affecting the principal use purposes and without contravening the law provisions on land. 3. Land is categorized into the following groups: a) Agricultural land group; b) Non-agricultural land group; c) Unused land group. 4. The agricultural land group is divided into the following subgroups: a) Agricultural production land, including land under annual crops, land under perennial trees. Tho land under annual crors includes rice-cultivated land; pasture land for cattle rearing, land for other annual crops; b} Forestry land, including prodU{;tion forest land, protective forest land, special-use forest land; c) Aquaculture land; d) Salt-making land; e) Other agricultural land. Other agricultural land means rural land used tor construction of greenhouses and houses of other types in service of cultivation, including forms of cultivation not directly on land; construction of sheds, stables and farms for rearing of cattle, poultry and other animals permitted by law; construction of agricultural, forestry, salt-making or aquaculture research or experiment stations or farms, construction of plant nurseries or animal breeding establishments; construction of storehouses, houses of households or individuals to store agricultural products, plant protection drugs, fertilizers, farm machinery and tools. 5. The non-agricultural land group is divided into the following subgroups: a) Residential land, including rural residential land and urban residential land; b) Special-use land, including land for construction of working offices, non-business works; land used for defense or security purposes; non-agricultural production, business land; land used for public purposes. Land used for public purposes means land used for the. purposes of building traffic works, bridges, sluices, pavements, waterway ports, ferries, car terminals, car parks, railways stations, airports; water supply system, water drainage system, system of irrigation works, dykes, dams; electricity transmission line system, communication network system; petrol, oll or gas pipe systems; land used for construction of creches, schools, hospitals, market places, parks, flower gardens, children's playgrounds, public squares, stadiums, sanatoria, elderly and disadvantaged children-homes, physical training-sport establishments, cultural works, commune cultural· postal spots, monuments, memorials, funeral houses, clubs, theatres, museums, exhibition centers, cinemas, circus theatres, functional rehabilitation establishments for the disabled, job-training establishments, drug detoxication establishments, reformatories, dignity rehabilitation camps; land with historical-cultural relics, scenic: places, which have been classified or protected under decisions of provincial/municipal People's Committees; waste dumping sites, garbage sites, waste-treating z.ones; c) Land with rivers, arroyos, canals, ditches, streams and special-use water surface; d) Religious, belief land, including land used by religious establishments; land with constructions being communal houses, temples, shrines, small pagodas, worship halls, ancestral worship houses; e) Land tor cemeteries, graveyards; f) Other non-agricultural land. Other non-agricultural land means land where exist worshipping works, museums, conse!Vatories, art work display houses, cul1ura\ and ar1isHc creation establishments and other private works constructed not for business purposes and not affixed to residential land; land for construction of rest houses, hut, makeshifts for laborers; urban land used for construction of glasshouses and other types of houses in service of cultivation including forms of cultivation not directly on land, construction of sheds, stables and farms for rearing cattle, poultry and other animals permitted by law, construction of agricultural, forestry, aquaculture research and/or experiment stations and/or farms, construction of plant nurseries, animal breeding establishments, construction of warehouses, houses of households, individuals for storage of agricultural products, plant protection drugs, fertilizers, farm machinery and tools. 6. The unused land group is divided into the following categories: a) Unused delta land; b) Unused hilly and mountain land; c) Rock mountains without lorests. Article 7,·· De\erminafon of land plob 1. Land plots with a single land use purpose shall be determined in the following cases: a) The land plots with boundaries determined in the land use process; b) The land plots with boundaries determined when the State assigns land, leases land, recognizes land use rights; c) The land plots with boundaries determined when many land plots are consolidated into one (called plot consolidation) or when a land plot is separated into many plots (called plot separation) for management requirements or al requests of land users in accordance with provisions of land legislation. 2. Land plots with many land use purposes shall be determined in the following cases: a) Where the boundaries can be determined for different land use purposes, the land plots shall be determined according to separate use purposes; b) Where there exist a principal use purpose and auxiliary use purposes for which land is used according to seasons ln the year or used simultaneously, the land plots shall be determined as provided for in Clause 1 of this Article and the principal use purpose and auxiliary use purposes must be determined, except for cases prescribed in Clauses 2 and 3, Article 45 of this Decree. Chapter If SYSTEM OF LAND MANAGEMENT ORGANIZATIONS ANO LAND MANAGEMENT ANO USE SERVICE ORGANIZATIONS Article 8.- Land management agencies 1. The organizational system of land management agencies is set up uniformly from the central to grassroots level in association with natural resource and environment management, with the following specific organizational apparatus: a) The central land--Stato rnanagomont agency shall be the Ministry of Natural f-1.esources and Environment; b) The provincial/municipal land management agencies shall be the provincial/municipal Services of Natural Resources and En\/\ronrnent-, c) The land management agencies in rural districts, urban districts, provincial capitals or towns shall be the district-level Sections of Natural Resources and Environment. 2. Communes, wards, district townships shall be staffed with cadastral personnel. 3. The Ministry of Natural Resources and Environment shall assume the prime responsibility for, and coordinate with the Ministry of Horne Affairs in, guiding in detail the organizational apparatuses of provincial/municipal Services of Natural Resources and Environment and district•level Sections of Natural Resources and Environment; guiding the appointment and dismissal of commune, ward or township cadastral personnel; prescribing the tasks and criteria of commune, ward or township cad astral personnel. 4. The People's Committees of provinces or centrally-run cities, the People's Commillees of rural districts, urban districts, provincial capitals or towns shall have to build the organizational apparatuses for land management in localities and arrange commune, ward, township cadastral personnel to ensure the fulfillment of tasks. Article 9.- Land use right registration offices 1 . Land use right reglstration offices are public service agencies functioning to register land use and land use-related evolutions, manage cadastral dossiers and assist the natural resource and environment officies in carrying out the administrative procedures for land management and use. 2. The provincial/municipal People's Committees shall decide on the establishment of land use right registration offices under the provincial/municipal Services ot Natural Resources and Environment and the setting up of branches of such offices in neoossary localities. The People's Committees ot rural districts, urban districts, provincial capitals or towns shall base lhemselves on the local demands for land use right registration to decide on the setting up of land use right registration offices under the districHevel Sections of Natural Resources and Environrnent. 3. The Ministry of Natural Resourc@s and Environment shall assume the prime responsibility for, and coordinate with the Ministry of Home Affairs in, guiding the organization and operation ot land use right registration offices. Article 10.- Land fund development organizations 1. Land fund development organizations shall operate in form of non-business units with revenues or State enterprises performing public-uti!ity tasks, and be established under decisions of provincial/ municipal People's Committees to carry out the compensation and ground clearance in case of land recovery after the land use plannings or plans are publicized while investment projects are not yet available; to accept the transfer of the rights to use land in planned areas where land must be recovered but the land users wish to move elsewhere before the State decides to recover the land; to manage the recovered land funds and organize land use right auctions under decisions of competent State agencies for land areas assigned for management. 2. The Ministry of Natural Resources and Environment shall assume the prime responsibility for, and coordinate with the Ministry of Home Affairs in, guiding the organization and operation of land fund development organizations. Article 11.· Land management and use seivice organizations 1. Non-business organizations with revenues, enterprises of all economic sectors, which fully satisfy the conditions prescribed in Clause 3 of this Article shall be \lcensed to prn'lide or entitled to register land management and use seivices. 2. Domains of land managerrwm\ and use services shall include: a) l and price consultancy; b) Land use planning, plan elaboration consultancy; c) Cadastral measuring and mapping services; d) Land information services. 3. Responsibilities for prescribing the conditions and procedures !or licensing, registering land management and use services are as follows: a) The Finance Ministry shall prescribe the conditions and procedures for licensing, registering land price consultancy activities; b} The Ministry of Natural Resources and Environment shall prescribe the conditions for activities, registration of activities of providing land use planning and plan elaboration consultancy, land information services; the conditions and procedures for licensing, registering cadastral measurement and mapping services. Chapter Ill LAND USE PLANNINGS, PLANS Article 12.- Contents of land use plannings 1. Survey, research, analysis, synthesis of natural, economic and social conditions in the geograpt1ical areas where the plannings are to be executed. 2. Evaluation of the present land use situation and changes in the preceding planning period based on the use purposes, including land under wet rice, land under other annual crops, land under perennial trees; production forest land, protective forest land, special-use forest land; aquaculture land; salt-making land; other agricultural land; rural residential land, urban residential land; land for construction of working offices and non-business works; land used for defense or security purposes; non-agricultural production and business land; land used tor public purposes; land with rivers, canals, ditches, streams and special--use water surlace; religious and belief land; cemetery and graveyard land; unused delta land, unused hilly and mountainous land, rock mountains w·1thout forests. 3. Evaluation of land potentials and the present land use's suitability to land potentials, to socio economic, scientific-technological development trends according to the following regulations: a) For land currently in use, to evaluate the current use's compatibility and incompatibility with land potentials, with socio-economic development strategies, overall plarn,ings and plans, the possibility of the application of scientific and technological advances to land use; b) For unused land, lo evaluate the possibility ot putting such land in use for various purposes. 4. Evaluation of the achievement of the land use planning targets already decided and approved in the preceding planning period. 5. Determination of land use orientations and objectives in the planning periodtlnd orientations for the subsequent period in conformity with socio economic development strategies a11d overa\! plannings of the whole country, branches and localities, 6. Formulation ot plans on distribution of areas ot assorted land for socio-economic development, defense and security demands in the planning period, which shall be carried out as follows: a} Marking off on maps the current land use in agricultural land areas according to land use purposes, land categories for which the use purpose changes must be permitted by competent State agencies; the current land use in non•agricultural land areas according to their functions as urban population quarter, rural population quarter, administrative quarter, industrial zone, hi-tech park, economic zone, service zone, historical-cultural relics zone, scenic places, defense and/or security areas and other works or projects involving large-scale land use; areas of unused land. The zoning off shall be effected for land areas with acreages rnflectible on land use planning maps; b) Determination of land areas with unchanged use purposes; land aroas with use purposes to be compulsorily changed, including land areas expected to be recovered for execution ol works, proiects. 7. Analysis of economic, social and environmental efficiency of each land fund-distributing plan according to the following contents: a) Analysis of economic efficiency, covering the projection of revenue sources tram land assignment, land lease and land use purpose change, assorted land-related taxes and expenses 1or compensations, ground clearance, resettlement; b) Analysis of social impacts, covering the projection of the number of households to be removed, the number of laborers losing their jobs due to land recovery, the number of jobs to be created from land use restructuring; c) Evaluation of environmental impacts of land use according to nev, land use purposes of the land Jund-distributing plans. 8. Selection of rational land fund-distributing plans, based on the results of the economic, social and environmental efficiency analysis prescribed in Clause 7 of this Article. 9. Presentation of )hFJ selected land use plann'u1gs on the land use planning maps. 10. Determination of measures for land usu, protection and improvement as well as enviromnental protection, which must be applied to each land category, suitatile to the planned areas. 11. Determination of measures to organize tl'w implementation of land use plannings, suitable to the characteristics of tho planned areas. Article 13.- Contc➔ 11t::; of land usH plans 1. Evaluation anJ analysis of rosulU, of irnplenmn\ation of \he land use plan of thB preceding period, including: a) l'iof.ults of achiHvement of land uso taruets for 0uch land catogory; b) Flesults of achievement of targets of conversion between land categories; c) Results of virgin land reclamation for expansion of land areas for various purposes; d) Thfl quality of the achievement of targets in t11e land use plans; e) Tile collection of revenues from land assignment, land lease, land use purpose change, assorted land-related taxes and expenses for compensations, supports, resettlement; I) Causes of shortcomings and weaknesses in !110 implementation of land use plans. 2. Elaboration of plans for recovery of assorted land for distribution for infrastructure construct'1on demands; industrial and service development; development ot urban centers, rural population qua1ters: defense, security; forworks and projects with identified investors, to make their lists enclosed with land use scale, \ocatiohs, projected implementation schedule and land recovery schedule. 3. Elaboration of plans on conversion of land areas specialized in wet rice farming and forest land into those used for other purposes, determination o1 areas of agricultural land entitled to land use restructuring according to the tollow·1ng contents: a) Determination of locations, acreages and schedule for convorsion of wet rice land, protective forest land, special-use forest land, production-forest land into those usod for other purposes; b) Determination o1 land areas regis\ered for rostructuring the use of assorted land within the agricultural land gmup. 4. Elaboration of plans on putting unused land to use for various purposes, covering the dotonnination of locatiom;, acma[]ns and rnclamation schodule to pu1 11nusod land to use for agricultural or non agricultural purposes. 5. Detailing of the distribution of assorted land in land use plans by year. 6. Projection of revenue sources trorn land assignment, land lease, land use purpose d1ange, assorted land-related taxes and 8Xpenses for compensations, supports, resettlement. 7. Determination of measures for implementation of land use plans, ensuring the planned schedule. Article 14.- Contents of detailed land use plannings, detailed land use plans of communes, wards, district townships, hi-tech parks, economic zones 1. A detailed land use planning covers the contents prescribed in Article 12 of this Decree; the selected land use planning must be reflected on cadastral maps; where the detailed urban construction planning, rural population quarter construction planning have been already approved, they must be reflected on the cadastral maps. 2. A detailed land use plan covers the contents prescribed in Article 13 of this Decree and is associated with the land plot. Article 15.- Responsibilities for elaboration of land use plannings, plans 1. The Ministry of Natural Resources and Environment shall have the responsibility to assist the Government in organizing the elaboration of land use plannings and plans of the whole country. The ministries, minis\erial-level agencies, Government-attached agencies, the provincial/ municipal People's Committees shall have the responsibility to coordinate with the Ministry of Natural Resources and Environment in determining tl1eir respective land use demands. 2. Thn Ministry of DGfense shall elaborate plannings, plans on the use of land tor defrmso purposes. The Ministry of [)den:,(' shall ~iavo to coordinate with the provincial/municipal People's Commilter➔ s in dc1terrnining the demands tor land use for defense purposes in the localities. 3. The Ministry of Public Security shall elaborate plannings and plans on tt1e use of land for security purposes. The Ministry of Public Security shall have to coordinate with the provincial/municipal People's Committees in determining the demands for land use for security purposes in the localities. 4. The provincial/municipal People's Committees shall organize the elaboratiOn of land use plannings and plans of their respective provinces or centrally run cities. The provincial/municipal Services of Natural Resources and Environment shall have to assist the People's:Committees of the same level in performing the task of elaborating land use plannings, plans. The provincial/municipal Services, Departments, Sectors and the People's Committees of rural districts, urban districts, provincial capitals or towns shall have to coordinate with the provincial/municipal Services of Natural: Resources and Environment in determining the land use demands of branches, localities. 5. The People's Committees of rural districts, urban districts, provincial capitals or towns shall organize !he elaboration of land use plannings and plans of their respective localities, the detailed land uso plannings and detailed land use plans of wards, townships and communes in the urban development planning areas. The district-level Sections ol Natural Resources and Environment shall have to assist the People's Committees of the same level in performing the task of elaborating land use plannings, plans. The Sections and Boards of rural districts, urban districts, provincial capitals or towns and the People's Committee:; ol wards or townships, People's Committoos of communes covered by the urban dc-)VGloprnent plannings shall have to coordinate with tho distric1-lovol Soctions of Natural Rm;ources and Environmont in delermining the land uso durnands of brandies, localities. 6. The Peoplo's Committees of comrnunris not covered by the url1an development p/an11inns shall have lo organize the elaboration of detailed !und US(! plannings, detailad land uso plans of communo:;. 7. The hHech management boards shall havo to organize the elaboration of detailed land use plannings, detailed land usFJ plans for tt1eir entire hi tech p,irks. 8. The oconomic zone management boards stmll havfJ the responsibility to organize the elaboration of detailed land use plannings, detailed land use plans for the land areas assigned \o the economic zone management boards, which are determined in the land use plannings of provinces or centrally run cities; the elaboration of plannings and plans on the use➔ of the remaining land areas shall be reflected in the land use plannings, plans of rural districts, urban districts, provincial capitals or towns and the detailed land use plannings, detailed land use plans of communes, wards, townships. 9. Agencies and organizations tasked to elaborate land use plannings, l,rnd use plans, detailed land use plannings, detailed land uso plans may hire organizations licensed to operate in the field of land use planning, plan elaboration 10 provide consultancy on the elaboration of land use plannings, plans. 1 O. Land use plannings, land use plans of rural districts, urban districts, provincial capitals or towns as well as detailed land use plannings, detailed land use plans of communes, wards or townships must not be drawn up if the land use in \he subsequonl land use planning period sees no change; in caso of land use purpose change botwerm land categorios in the same land group and the acreages of tho land subject to use purpose change being ler.s than ten per cent (10%) as c:ornpnred with the preeudinq plannin[) period, only the dCJGisiom; 011 adjustnwnl of land areas 1:,u!,joct to usu pwpose ctrnngo aro needed. /ho dotailecl land usu planninos ol hi-tech parks shall be made once !or tho entire parks; in case o( clrnnqo in land u:;c demands, the adjustment of the dotailod lam! usD plann1ings should bo drawn up. Article 16.- Elaboration and adjustment of the national land use planning 1. The national land use planning shall be nlnlJora!Gd on tho basis of the provisions of Clause 1, Article 22 of the Land Law. 2. Before the end ,of tho 18-month land use planning porlods, the ministries, rninisterial--levol agencies, Goverrnnent-,attached agencies and lhe provincial/municipal People's Committees st1all have to send their written prof!iosats on land use demands of tl"loir respective brancl,es or localities ·In the subsequent land use planning period to the Ministry of Natural Resources arid Environment. a. Within live (5} mo~ths alter the receipt of land use demand proposals ,01 branches and localities, the Ministry of Natural Hesources and Environment shall have to draw up the national land use planning uccording to the following regulations: a) Verifying the land u~e demands of the branches and localities in the subsequent land use planning period; b) Drawing up schenTles ori distribution of land funds for the subsequent land use planning period, ensuring the implementation of the national overall soc'io-econornic doveloprnent, defense, security strategies ancl plannings; c) Sending tl1e drafts r~port explaining the national land uso planning to the ministries, ministerial-level aurmcios and Guvernrnont-nttachad ugencios for comments. 4. Within thirty (30) w(l)rking days counting from the date of receiving the draft report, the ministries, rn1nis\oriaHovrJ agencies ancl Governmont-attacned a~wnr;ios shall llavu to sond their writton co1r1ments lo Hw Ministry of Natural Resources and Lrw·1n.inn1enl. S. Wit11in two (2) mont/Is countinq frorn tl1G dato o( receiving tho wri\ten comment;, the Ministry o1 Natural Resources and l:::n11ironmen1 shall havo to sum up tho opinions and finalize tho ropmt uxplaininu the national land use planning for sutirnission to tho Government. 6. The national land use planning dossior shall comprise'. a) The Natural Resources and Environment Ministry's report to the Government on the national land use planning; b) The report explaining the nationn! land use planning; c) The current national land use map; d) The nat(onai iand use pianning map. 7. The national land use planning shall be adjusted in cases where the socio-economic development plannings, the targets o1 socio-economic development, defense or security programs or projects, the regional construction plannings or urban construction plannings are adiusted, thus altering tho land use structure or in cases where natural disasters or wars occur, thus altering the land use structure. The Ministry of Natural Resources and Environment shall have to compile dossiers of adjustment of tho nahonal land use planning for submission to the Govornment. When compiling the dossiers of adjustment of tho land use planning, the Ministry of Natuml Resources and Environment shall gather comments of tho ministries, ministerial-level agencies, Government-attached agencies which are related to the to be-adjusted land categories. Tt1e dossier of adjustmont of ttrn national land uso planning s\latl ·include: a) The Natural Hesourcos and Envirnnrnent Ministry's report to the Govornment on the acJjustmont of the national land use planninn; b) The report explaininq the adjustment u1 the national land use planninn; c) The map ol the adjustrnont of tho nationnl land us(J plmrninu. Article 17.- F·laboration and adjustment of 11ationnl lnnd uso plans 1. The, na\iunal \and use plans shall bo formulated on Ifie 1Jc1ses presGribod in Clause 2, Article 22 of tho Lnnd Law. 2. The 1onnulation ot \he national land use plan for the first five (l:i) yc~ars of a land use planning period (<.:ailed !he first peri0d land use~ plan) shall be carrie(J out simu(t,meously with the lormulation o1 tho national land use planning prescribed in A1ticle 16 of this Decree. The dossier of the first-period land use plan shall be compiled to1!ether with the land use planning dossier. The contents of a land use plan shall be the schedule ot materi~lizing the contents ot the land use planning for the first five (5) years of the planning period and detailed by year, ensuring tho implementation of !ivip-year or annual socio-economic I development plans Q)f the State. 3. The formulation of the national land use plan for the last tive (5) years of the land use planning period (called the iast-period land use plan) is stipulated as follows: a) Before comm~ncing the twelve-month last period land use plan, the Ministry of Natural Resources and Enviwnment shall base itself on the national land use planning and the provisions of Cfauso 1 of this Article to formulate tho schemes on distribution of land fund:; to tho last-poriod land use plan, ensuring the implementation of the five-year and annual socio-economic development plans o/ tho State and dralt tho report explainin9 tho land use plan; send tho drn,/1 report to tho ministries, ministurial-level agendes and Government-attached <1goncies 1or comments; b) Within thirty (30) working days counting from the datn of receivinq the draft report, Um ministries, rni11·1s\miaHevul ngencios and Govormrnrnt-attached ac1m1cios :;tiall have to send their writwn comments to tl11i Mi11i:;try of Natural ffo,;outcos and Environmont; c) Within two (2) months as from the date of receiving the written comments, tho Ministry of Natural f~esources and Environment shall have to sum them up and finalize the report explaining the land use plan for submission to the Government. 4. The last-period land use plan dossier shall comprise: a) The Natural Resources and Environment Ministry's report on the national land use plan; b) The report explaining the national land use plan; c) The current national land use map. 5. The adjustment of the national land use plan shall be made in cases where appears the adjustment of the national land use planning, the adjustment of the socio-economic development planning or the adjustment of the regional construction planning, urban construction planning or when there appear changes in the possibility of implementation of the land use plan. The Ministry of Natural Resources and Environment shall have to compile dossiers on adjustment of the national land use plan for submission to the Government. When compiling the adjustment dossiers, the Ministry of Natural Resources and Environment shall gather comments of the ministries, ministeriaHevel agencies and Government-attached agencies on the to be adjusted land categories. The national land use plan adjustment dossier shall comprise: a) The Natural Resources and Environment Ministry's report to the Government on the adjustment of the national land use plan; b) The report explaining the adjustment of the nalional land use plan. Article 18.- Organizing the gathering of people's comments on detailed land use plannings 1. The gathering of people's comments in LIHJ process of elaborating the detailed land uso plannings of cornrnunos, wards or townships as providEJd for in Clausn S, Article 25 of the Land Law shall be effected w, follows: a) The draft detailed land use plannings must be introduced to (~very urban population group, village, hamlfJ\ and other population quarters; and at the same time must bo posted up at the offices of the People's Comrnillmis of the communes, wards or townships where nxists the land; b} To organize the receipt ol opinions contributed directly by people or through representatives of population quarters, Vietnam Fatherland Front and/ or local mass organizations; to gather comments of the Standing Offices of the People's Councils of the communes, wards or townships where exists the land. 2. The time limit for gathering people's comments under the provisions of Clause 1 of this Article shall be thirty (30) days. 3. The agencies which elaborate the detailed land use plannings of communes, wards or townships shall have to sum up and accept people's comments for finalization of the draft detailed land use planning. Article 19.- Consideration and approval of provinciaf/municipal land use plannings, plans 1. The dossiers for consideration and approval of provincial/municipal land use plannings and plans shall each be made in fifteen (15) sets to be submitted at the Ministry of Natural Resources and Environment for appraisal; such a dossier shall cornprii,e: a) The provincial/municipal People's Committee's report to the Government for consideration and approval of the land use planning, plan; b} The report explaining the land use planning, plan; c) The current land use map; d) Th0 land use planning map for case o1 considering and aprroving the land use planning. 2. Ordor of considering and approving land use plannings, plans is prnscribod as follows: a} Within three {3) working days as from the dale ot receiving the complete and valid dossiers, the Ministry of Natural Flesources and Environment shall have to send dossiors for consideration and approval of land use plannings, plans to the concerned ministries and agencies for comments. Within fifteen (15) working days as from the date ol receiving the dossiers, the ministries and agencies shall have to send their written comments to the Ministry of Natura! Resources and Environment. Within ten (10) working days as from the end of the time limit for comments, the Ministry of Natural Resources and Environment shall have to sum up and send its appraisal to the provinciaVmunicipal People's Committees tor finalization of the dossiers; b) The provindal/municipal People's Committees shall finalize the dossiers and submit them to the People's Councils of the same level tor approval of the land use plannings, plans; send five (5) sets of dossiers already approved by the People's Councils together with the People's Councils' resolutions to the Ministry of Natural Resources and Environment; c) Within ten (10) working days as from the date of receiving the dossiers for consideration and approval ot the land use plannings, plans as provided for at Point b of this Clause, the Ministry of Natural Resources and Environment shall have to submit them to the Government for consideration and approval. Article 20.- Consideration and approval of land use plannings, plans of rural districts, urban districts, provincial capitals or lowns 1. The dossiers for consideration and approval of land use plannings, plans of rural districts, urban districts, provincial capitals or towns shall each be made in len (1 O) sets to be subrniHed lo the provincial/municipal Servicns of Natural Resources and Environment for appraisal; such a dossier shall comprise: a) Tho rnporl of the f'oople's Commil\eo o1 the rural district, urban district, provincial capital or town to the provincial/municipal People's Committee for consideration and approval of the land use planning, plan; b) Tho report explaining the land use planning, plan; c) The current land use map; d) The land use planning map, for the case of considering and approving the land use planning. 2, The order of considering and approving land use plannings, plans is prescribed as follows: a) Within three (3) working days as from the date of receiving the complete and valid dossiers, the provincial/municipal Services of Natural Resources and Environment shall have to send the dossiers of consideration and approval of land use plannings, plans to relevant agencies for their comments. Within fifteen (15) working days as from the date of receiving the complete and valid dossiers, the agencies shall have to send their written comments to the provincial/municipal Services of Natural Resources and Environement. Within ten (10) working days as from the end ot the time limit for comments, the provincial/municipal Services of Natural Resources and Environment shall have to sum up the comments and send their appraisals to the People's Committees of rural districts, urban districts, provincial capitals or towns for finalization of the dossiers; b) The People's Committees of rural districts, urban districts, provincial capitals or towns shall finalize the dossiers and submit them to the People's Councils of the same level for approving the land use plannings, plans; send three (3) sets of dossiers already approved by the People's Councils together with the latter's resolutions to the provincial/ municipal Services of Natural Resources and Envimnment; c) Within ten (1 O) working days as frorn the dnte of roceiving tho dossiers of consideration and approval of land use plannings, plans as provided for at Point b of this Clause, the provincial/municipal SeNices of Natural Resources and Environment shall have to submit them to the provincial/municipal People's Committees for consideration and approval. Article 21.- Consideration and approval of detailed land use plannings, detailed land use plans of wards, townships and communes covered by the urban development plannings 1. The dossiers for consideration and approval of detailed land use plannings, detailed land use plans of wards, townships and communes covered by !he urban development p!annings shall each be made in ten (1 O) sets to be submi!led at the provincial/ municipal Services of Natural Resources and Environment for appraisal; such a dossier shall comprise: a) The report of the People's Committee of the rural district, urban district, provincial capital or town to the provincial/municipal People's Committee for consideration and approval of the detailed land use planning, detailed land use plan; b) The report explalning the detailed land use planning, detailed land use plan; c) The current land use map; d) The detailed land use planning map for the case of considering and approving the detailed land use planning. 2. The order of considering and approving the detailed land use plannings,detailed land use plans is prescribed as follows: a) Within three (3) working days as from the date of receiving the complete and valid dossiers, the provincial/municipal Services of Natural Resources and Environment shall have to send the dossiers of consideration and approval of the detailed land use plannings, detailed land use plans to relevant agencies for their comments. Within fifteen (15) working days as from the date of receiving the dossiers, the agencies shall have to sond \heir written comments to the provincial/ municipal Services of Natural Resources and Environment. Within ten (10) working days as from the end of the lime limit for comments, the provincial/municipal Services of Natural Resources and Environment shall have to sum up and send their appraisals to the People's Committees o1 rural dist1"icts, urban districts, provincial capitals or towns for finalization of the dossiers; b) After finalizing the dossiers, the People's Committees of rural districts, urban districts, provincial capitals or towns shall submit them to the People's Councils of the same level for approval of the detailed land use plannings, detailed land use plans; send four (4) sets of dossiers already approved by the People's Councils of !he same level together with the latter's resolutions to the provincial/municipal Services of Natural Resources and Environment; c) Within ten (10) working days as from the date of receiving the dossiers of consideration and approval of detailed land use plannings, detailed land use plans as prescribed at Point b of this Clause, the provincial/municipal Services of Natural Resources and Environment shall have 10 submit them to the provincial/municipal People's Committees for consideration and approval. 3. The dossiers for consideration and approval of detailed land use plannings, detailed land use plans of wards, townships or communes covered by the urban development plannings shall be submitted simultaneously together with the dossiers for consideration and approval of land use plannings, land use plans of rural districts, urban districts, provincial capitals or towns as provided for in Article 20 of this Decree or submitted later but must be considered and approved in the last year of the preceding land use planning, land use plan per'tod. Article 22.· Consideration and approval of detailed land use p!annings, detailed land use plans of communes not covered by the urban development plannings i. The dossiers for consideration and approval of detailed land use planning, detailed land use plans of communes not covered by the urban development plannings shall each be made in ten (10) sets to be submitted to the district-leve! Sections of Natural Resources and Environment for appraisal; such a dossier shall comprise: a) The commune People's Committee's report to the district/provincial capital or town People's Committee for consideration and approval of the detailed land use planning, detailed land use plan; b) The general report explaining the detailed land use planning, detailed land use plan; c) The current land use map; d) The detailed land use planning map, for the case of considering and approving the detailed land use planning. 2. The order of considering and approving detailed land use plannings, detailed land use plans is prescribed as follows: a) Within three (3) working days as from the date of receiving the complete and valid dossiers, the district-level Natural Resources and Environment Sections shall have to send the dossiers ol consideration and approval of detailed land use plannings, detailed land use plans 10 the relevant agencies for their comments. Within fifteen {15) working days as from the date of receiving the dossiers, the agencies shall have to send their written comments to the Natural Resources and Environment Sections. Within ten (10) days as from the end of the time limit for comments, the Natural Resources and Environment Sections shall have to sum up and send their appraisals to the commune People's Committees for finalization of dossiers; b) After finalizing the dossiers, the commune People's Committees shall submit ttlem to the commune People's Councils for approval of the detailed land use plannings, detailed land use plans; send three (3) sets of dossiers already approved by the commune People's Councils, enclosed with the People's Councils' resolutions to the Natural Resources and Environment Sections; c) Within ten (10) working days as from the date of receiving the dossiers of consideration and approval of detailed land use plannings, detailed land use plans as prescribed at Point b of this Clause, the Natural Resources and Environment Sections shall have to submit them to the district, provincial capital or town People's Committees for consideration and approval. Article 23.- Consideration and approval of detailed land use plannings, detailed land use plans of hi-tech parks, economic zones 1. The dossiers for consideration and approval of detailed land use p!annings, detailed land use plans of hi-tech parks, economic zones shall each be made in ten (10) sets to be submitted to the provincial/ municipal Services of Natural Resources and Envlronment ot the localities where the land exists for appraisal; such a dossier shall comprise: a) The report of the hi-tech park management board, the economic zone management board to the provincial/municipal People's Committee for consideration and approval of the detailed land use planning, detailed land use plan; b) The general report explaining the detailed land use planning, detailed land use plan; c) The current land use map; d) The detailed land use planning map, for the case of considering and approving the detailed land use planning. 2. The order of considering and approving detailed land use piannings, detailed land use plans of hi· tech parks, economic zones is prescribed as follows: a) Within three (3) working days as from the date of receiving the complete and valid dossiers, the provincial/municipal Services of Natural flesources and Environment shall havo to sond thG dossiws lor consideration and approval of dotailod lnnd ww plannings, detailed land use plans of hHed1 parks, nconomic zones to tlw relevant agnrwies for comments. Within fifteen (15) working days r1s frorn the data of receiving the dossiers, the said agencies shall havo to send their written comments to tho provincial/ municipal Services of Natural Hosources and Environment. Within ten (10) working days as from the end of the tirne limit for cornmonts, the provincial/municipal Services of Natural Resources and Environment shall have to sum them up and send their appraisals to the hi-tech or economic: zone management board for finalization of dossiers; b) After finalizing the dossiers, the hi-tech park or economic zone management boards shall send four (4) sets of dossiers to the provincial/municipal Services ot Natural Resources and Environment; c) Within ten (10) working days as from the date of receiving the finalized dossiers, the provincial/ municipal Services of Natural Resources and Environment shall have to submit them to the provincial/municipal People's Committees for consideration and approval. Article 24.- PlanningB and plans on use of land for defensH, security purposes 1. The period of planning, plan on the uso of land for dolense or security purposes is prescribed as follows: a) Tho period of plrn111in9 on the use of land for dofense or security purposes s~rall be ten (10) years, correspondin9 to the local and national land use planriin9 periods; b) Tile period of plan on the use of land for defonr,e or ser;urity purposes shall be five (5) yonrs, correspondintJ to the local nnd national land two plan poriods. 2. Ttie co11tei1ts of pl;mtlinqs on the um, of land for dofenso, rwcurily purposos shall includo: a) Assessment of tlhc management and use of land for defenso, socurity purposo~,; b) Determination of demands for land usc➔d for defense or security purposes in the land uso planning period, compatibln with the overall planning on socio economic dovelopment 1 defense as well as security and ttie socio-economic development plans of the Slate; ; c) Determination of locations and acreages of defense or security lanctlreturned to 1ocalili<~s for use for socio-economic development purposes; d) Solutions to organizing the implementation of plannings on the use of land for defense, security purposes. 3. The contents of plans on the use of land for defense, security purposes shall include: a) Assessment of thr management and use of defense, security land of the pmceding plan period; b) Clear determinaticin of locations, acreages of land used for defense 6r security purposes in the five-year plan and detailGd to each year; c) Specific determination of locations and acreages of defense <:Jf security land returned to localities for management in five (5} years; d) Solutions to organizing the implementation of plans on the use of kind for defense, security purposes. Article 25.- Consideration and approval of µlannings, plans on tho use of land for defense, security purposes r. The dossiers for consideration and approval of plannings, plans on uso of land for defense or security purposes shall each be made in fifteen (15) sets to be submitted at tho Ministry of Natural Resources and Environmcm1 for 11pprais<1I; such a dossie➔ r shall cornpristi: a) Tl1H rnporl of tlio Ministry of Def(rnse or th(J Ministry of F'ublic Security, subrnittod to tho Government !or consideration and approvc1I of a planning or plan on Hie use of land for defemm or secur·ity purposes; b) The provincial/municipal People's Committee's writ1en opinions on the demand for land used for defense or security purposes in the loeality·, c) The general report explaining tho planning, plan on the use of land for defense, security purposes. 2. The order of considering and approval of plannings, plans on the use of land for defense or security purposes is as follows: a) Within three (3) working days as from the date of receiving the complete and valid dossiers, the Ministry of Natural Resources and Environment shall have to send the dossiers for consideration and approval of plannings, plans on the use of land for defense, security purposes to the relevant ministries and branches for their c:omments. Within fifteen (15) working days as from the date of receiving the dossiers, the ministries and branches shall have to send their written comments to the Ministry of Natural Resources and Environment. Within ten (10) working days as from the date of fully receiving the comments, the Ministry of Natural Resources and Environment shall have to sum them up and send its appraisal to the Ministry of Defense or the Ministry of Public Security for finalization of dossiers; b) Aflor finalizing thE~ dossiers, tile Ministry of Defense or the Ministry of Public Security shall send live (5) dossier sets to the Ministry of Natural Resources and Environment: c) Within ten (10) working days as from the date of receiving the finalizt➔d dossiers, the Ministry of Natural Resources and Environment shall have to subrnit them to the Government !or consideration and approval. Article 26.- Adjustment ot land use plannings, land use plans, detailed land use plannings, dotailod land use plans 1. Contents ot adjustment of land use plannings, land use plans, detailed land ust➔ plannings, detailed land use plans sliall include: a) Addition, adjustment or cancellation of works, projects in the pl;rnning, plan periods; b) Restructuring of assorted land in the agricultural land group; change of locations, acreages of functionally zoned o/1-land areas in the non agricultural land group; change of targets of putting unused land to use~; c) Change o~ the schedule tor plan implementation, whiph is three (3) years faster or slower than the lam;J '.use plan, the detailed la11d use plan, which have been already approved; d) Solutions to organizing the adjustment of land use plannings, plans, 2. The adjustment;of land use plannings, land use plans, detailed land ui.,e plannings, detailed \and use plans shall be made in cases where there appears the adjustment of sQcio-economic development plannings, the adjus~ment of objectives of socio economic development, defense or security programs, proiects, the adiustment of regional construction planiiings or urban construction plannings and such -adjustment alters the land use structure or in cases where natural disasters or wars cause the change in land use structure. 3. The dossiers for.consideration and approval of adjustment of land use plannings, plans of provinces or centrally run cities shall each be made in fifteen (15) sets to be submitted at the Ministry of Natural Rosources and Environment for appraisal; or rural districts, urban districts, provincial capitals or towns and of wards, district townships or communes in urban development planning regions shall be made in ten (10) sets to be submitted to the provinciaU municipal Services of Natural Resources and Environment for appraisal; of communes outside the urban development planning regions shall be made in ten ( 1 O) sets to be submitted at tl1e district-level Natural Resources and Environment SHctions for appra~c;al; such a dossier shaJJ include: a) The report of the Peop!r➔ 's Committee of the level which formulates th<➔ land use planning, land use plan or detailer! land use planning, detailed land use plan, submitted to the competent State agency for consideration and approval; b) The report explaining the adjustment of the land use planning, land uso plan or detailed land use planning, delailod land use plan; c) The land ust➔ planning map of the to be"adjusted area, for the case of adjusting land use plannings or detailed land use plannings. 4. Dossiers for consideration and approval of adjustment of detailed land use plannings, detailed land use plans of hi-tech parks, economic zones shall each be made in ten {I 0) sets to be submitted at the provincial/municipal Services of Natural Resources and Environment for appraisal; such a dossier shail comprise: a) The rnport of the hi-tech park or economic zone management board to bo submitted to the provincial/ municipal People's Committee for consideration and approval of the adj11stment of the detailed land use planning, detailed land use plan; b) The report explaining the adjustment of detailed land use planning, detailed land use plan; c) The detailed land use planning map of the to be-adjus1ed area, for tho case of adjusting detailed land use planning. 5. The dossiers for consideration and approval of plannings, plans on tho use of land for defense 01· security purposes shall each be made in fifteen (1 f5) sets to be submitted at the Ministry of Natural Resources and Environment fur appraisal; such a dossier shall comprise: a) The report of thEl Ministry of Defonse or tha Ministry of Public Security 1o bo submitted to tilo Government for cons/dam/ion and approval of planning or plan on tho 1.1,;o of land for defonsn or security purposes; b) Tl18 provincial/municipal People's Committee's written opinions on the adjustment of demands for land used fm tfofense or security purposes in thri locality; c:) The rnpor1 explaining the adjus1rnont of tl1e planning, plan on the use of land for defense or security purpose. 6. The ordor of considering and approving the adjustment of land tJSe plannings, land use plans, detailed land use plannings, detailed land use plans is as follows: a) The order of considering and approving the adjustment of land use plannings, plans of provinces or centrally-run cities shall be the same as that prescribed in Clause 2, Article 19 of this Decree; b) The order of considering and approving the adjustment of land use plannings, plans of rural districts, urban districts, provincial capilals or lowns shall be the same as that prescribed in Clause 2, Article 20 of this Decree; c) The order of considering and approving the adjustment of detailed land use plannings, detailed land use plans of wards, townships and communes in the urban development planning regions shall be the same as that prescribed in Clause 2, Article 21 of this Decree; d) Tl1e order of considering and approving the adjustment of detailed land use plannings, detailed land use plans of communes outside the urban development planning regions shall be thf; same as that prescribed ln Clause 2, Arlicle 22 of this Decree; e) The order of considering and approving the dfitailed land usre plannings, detailed land use plans of hHecll parks or economic zones shall be the same as that prescrit)()d in Clause 2, Article 23 of this Decree; f) ·nw order of considering and approving H10 p/annings, plans on llm usH of land for defense or sor;urity purposes shall be the samo as that pre~;crihnd in CIHusu 2, Article ?.5 of this Decree; g) The gathering of comments when appraisin9 the adjustmt➔nt of land use plannings, land use plans, detailed land use plannings, detailed land us(, plans shall be conducted only with ugencies related to areas ol as8ortecl land to be adjusted. Article 27.-Announcemen! of land use plannings, plans 1. The Ministry of Natural Resources and Environment shall have to publicize all documents on riational land use plannings and plans, which have been decided by the National Assembly, at i1s o1fice throughout \he land use planning or plan period; lo publish on the Official Gazette; to publicize on the Government's State management information network and publish their excerpts on a central daily. 2. The provincial/municipal Services of Natural Resources and Environment and the districHevet Sections of Natural Resources and Environment shall have to publicize all documents on their respective local land use plannings and plans, which have already been approved, at their respective offices throughout the land use planning or plan periods; to publicize them on State management information networks of the provinces or centrally•run cities and publish !heir excerpts on local newspapers. 3. The commune, ward, township People's Committees sha!I have to publicize all documents on detailed land use plannings, detailed land use plans and investment projects as well as works, which have bGen already apµroved, at their offlcos throughout the land use planning, plan periods. 4. The hi-tech park management boards, the economic zone managGment boards shall havo 10 publicize all docurnents on detailed land use p1annings, de\a'i\od \anll use plans, which have been a/ready approved, at their headquarters throughout the land use planning, plan periods; publicize on tho electronic information networks of the hi-tech parks or economic zones and publish thnir excerpts on branch rn~wspapcm, or \t1cal newspaporn in \ocali\ios where exist such ptannin~JS. 5. All the doGuments on adjustment o! land use plannings, land use plans, detailod !and uso pl,mni119s, cletailc~d land uso plans, which have been already approvod, must be publicized like tho land use plannings, land use plans, detailed land use plannings, detailed- land use plans prescribed in Clauses 1, 2, 3 and 4 of this Article. 6. The dossiers of plannings, plans on the use of land a11d the dossiers of adjustment of plannings, plans on the use of land for defense and s0curity purposes shall be managed according to the confidentiality reginw. Article 28.- Man~gement of land use plannings, plans 1. The People's Committees of the provinces or centrally-run cities, t,he People's Committees of rural districts, urban distri.cts, provincial capitals or towns, which decide on land assignment, land lease, land recovery or land use purpose changes must str'1ctly comply with the approved land use plannings, plans. The presidents (l)f the People's Committees of provinces or centraHy•run cities, the presidents of the People's Committees pf rural districts, urban districts, provincial capitals o~ towns shall have to detect and handle in time cases of violating land use plannings, plans in their respective localities. 2. The People's 1Committees of communes, wards, townships shall have to monitor tl1e implementation ot land use plannings, plans in their localities. Upon the dcitection of cases of l.lsing land in contravention of !Im publicized plannings or plans, they shall handle such cases accorcHng to their competence or request competent Stale agencies to handle them. The presidents ol the commune, ward or district township People's Cornmitte<-Js shall bear the prime responsibility for failure to prevent and handle in time ca~;es of using land in Gontravention of the approvod land uso plannin[Js or plans in the locclliti1·JS. 3. The pmvinciRl/n1uniG1pal Services of Natural nosources and Environment, the district-level Sections of Natural Resources and Environment and the commune, ward or lownship cadastral penwnnel shall organize the examination and inspection of the implementation of land use plannings, plans in the localities; detect and handle according to their competence or request competent State bod\es to handle violations o1 land use plannings, plans; in case of detecting violations in the implementation of plannings or plans on the use of land for defense or security purposes, !he provincial/municipa! Services of Natural Resources and Envirorimenl shall send r·eports to the Ministry of Defense or the Ministry of Public Security for consideration and handling. In case of discovering the practical demands for adjustment of land use plannings or plans, they shall report to the People's Committees of the same levels on such demands. 4. Annually, the People's Committees of all levels shall have to report on results of implementation of their local land use plans up to December 31; the time lfmits tor submission of their reports are prescribed as follows: a) The commune, ward or township People's Committees shall submit their reports to the People's Committees of rural districts, urban districts, provincial capitals or towns before January 15 of the following year; b) The People's Committees of rural districts, urban districts, provincial capitals or towns shall submit !heir reports to the provincial/municipal People's Committees before January 31 of tho following year; c) The provincial/municipal People's Comrnittees shall submit their reports to the Ministry of Natural Resources and Environment before February 15 of the following year. 5. The Minister of Defense and the Minister of Public Security shall have to direct tho implernentntion and examine, inspect trw implementation of plannin9s and plaris on \ho usu of land 1or defc-mse or security purposes throughout tl1n country. Annually, the Ministry of De1ense and the Ministry of Public Security shall have to repor1 to the Government on the results of imp!ementation of plans on the use of land for defense, security purposes by December 31 and at the same time send one copy to the Ministry ot Natural Resources and Erivironment for synthesis; the deadline !or submitting reports shall be before January 31.of the following year. 6, The Ministry of Natural Resources and Environment shall lilave to sum up the results of implementation of an17ual land usE.i plans ot the whole country for report tliE\reon to the Government; the deadline for report st:Jl!imission shall be before March 15 of the following year. 7. The report Oti1 'results of implementation ot annual land use plans for the last year of the flrst period land use plan must be enclosed with the general report on the implementation of the whole land use plan period. The report on results of implernentaHon of annual land use plans for the last year of the land use planning period mljst be enclosed with a general report on the implem,entation of the last"period land use plan and a gemirrl report on the implementation of the whole land U$¢ planning period. ArlicJe 29.- Handling of land areas determined to be recovered or subject to use purpose change in the approved land use plans, which, however, after three (3) years, have not been materialized 1. State agencies competent to consider and approve !arid use plannings, plans may adjust the land use plannings or plans of the current period or the next period with rogard to the land areas already determined to be recovered or subject to use purpose change in the publicized land use plans which, however, after thr<➔ €1 (3} years have not yet been materialized in the following cases: a) The land areas !or exeGution of works, investment project., in service of dufun!,o, i:uc1irity, national interests or public interest; but ttiern are not enough fundings for tho nxor;ution thernof; b) The land arnas for 0xocutio11 of works, invostment projficls in service of economic development with investors being idontified in thu last year ol \he three-year time limit, which mquire ttio announcement of adjustment or cancellation of land use plans under· the provisions of Clausu 3, Article 29 of the Land Law. 2. For cases not prescribed in Clause ·1 of this Article, the State agencies competent to consider and approve land use plannings, plans must publicize the cancellation of land use plans regarding the land areas already determined as being recovered or subject to use purpose change. Chapter IV LAND ASSIGNMENT, LAND LEASE, LAND USE PURPOSECHANG~LANDRECOVER~LAND REQUISITION Article 30.- Grounds for land assignment, land lease, land use purpose change Grounds for deciding on land assignment, land lease, permission for land use purpose change shall include: 1. The land use demands reflected in the following documents: a) Investment projects of organizations using investment capital sources from the State budget, which have been approved by competent State agencies, or foreign-·investod projects already wanted invostmlmt liGonsos by competent Stnte agenc:ies; b) Documents appraisin9 the demands for land use for execution of investment proiects of oconornic organizations which cJo not use State l1udget capital sources or which am not fornign-invested proiecls. The provincial/municipal Sorvicos of Natural Flesources and Environrnont shall m,surno tho primfJ responsibility for·. and coordinatu with tho concorned Sorvicus, dEipartments and branches in, appraising tho land use demands on the basis of examining the invostmenl projo.ct dossiers according to law provisions on invetstrnent; G) The projects on construction of religious esiablishments, already approved by the provincial/ municipal People's Comrnitteos; d) The applications of households or individual:; for land assignmerit, land uso purpm,e change with certifications by !he People's Comrnitte(JS of tho communes, wards or townships where exists the land demanded for use, for case of applying tor assignment of ag'ricultural land within the land assignment limit~ or assignment of land for construction of dwcilling houses; e) The populatk~n communities' applications for land assignment wjth certifications by the People's Committees of the communes, wards or townships where exists the la/id demanded for use. 2. The good obs~rvance of the land legislation by applicants for land 11~signment or land lease for cases where the land assignment or land lease applicants have been previously assigned or leased land by tho State for execution of production, business or service investment projeots. On the basis of the self declarations by the: land assignment or land lease applicants about the entire acreages, the use of land proviously assigned or leased by the State and their self-remarks on their observance of the land legislation, the provincial/ municipal Services of Natural Resources and Environment of the localities where exists tho land, for which the land assi[Jnment or land lease procodures are beinn carried out, shall haVfl to contact th(~ provincial/municipal Services of Natural r~esources and Environment of the localities whme exists the land which was previously assigned or leased in order to verify the land users' obsrnvance of the lrmd legislation in the course of execution of projects to which the State assigned or lrmsecl l1:1ncl. 3. The detailed land use plannings or dHtailed land use plans, the urban construction plannings or rural population quarter construction plannings, which have been already approved by competent State agencies. In cases where the detailed land use plannings or the detailed land use plans are not yet available, the land use plannings or land use plans already approved by competent State agencies shall serve as bases therefor. Article 31.- Competence to assign land, lease land, permit land use purpose change and recover land 1. The competence to assign land, to lease land, to permit land use purpose change shall comply with the provisions of Article 37 of the Land Law. The provincial/ municipal People's Committees shall assign land to tho land fund development organizations for managoment. 2. The competence to recover land shall comply with the provisions of Article 44 of the Land Law. Where land is recovered for assignment or lease to religious organizations or establishments, overseas Vietnamese, foreign organizations or foreign individuals and the to be-recovered land is being used by households, individuals or jointly by organizations, households and individuals, the provincial/ municipal People's Committees shall decide to recover the entire land areas. Basing themselves on the provincial/municipal People's Commiltees' decisions on recovery of the entire land areas, the People's Committees of rural districts, urban districts, provincial capitals or towns shall decide on the recovery of specific land area from each household, individual. 3. Where overseas Vietnamese, foreign organizations and/or toreigners use land for execution of investment projects but have to change the land use purposes due to the adjustment of the investment projocts already approved by competent State agencies, th(~ provincial/ municipal People's Committees shall permit the land use purpose change. Article 32.- Competence lo adjust land assignment, land lease decisions with regard to the land assigned or leased before the Land Law took implementation effect The State agencies competent to assign land, lease land, defined in, Article 37 of the Land Law, shall be the agencies competent to decide on adjustment for cases where the land users had been given land assignment or land lease decisions before the Land Law took implementation effect (Juty 1, 2004). Article 33.- The durations of using the land assigned or leased by ithe State i. The durations of using the land assigned or leased by the State shall be calculated from the dates of issuance of the land assignment or lease decisions by competent state agencies. Where the land had been assigned or leased before October 15, 1)993 but the land assignment decisions or the land lease contracts failed to clearly state the land assignment or lease duration, the land assignment or land lea~e duration shall comply with the provisions of Clauses 2 and 3 of Article 68, Article 71, Article 78, Clause .5 of Article 84, Clause 3 of Article 86, Clause 1 of Article 87, of this Decree and be calculated from October 15, 1993. 2. The land users may continue using the land for the remaining duration of the time limits stated in the land assignment decisions or land lease contracts. Article 34.- Continuing to assign land, lease agricultural land; extending the land use duration or reGOvering land upon the expiry of land use lime limits 1. Upon the expiry of land use durations, the households and individuals directly involved in agricultural production, forestry, aquaculture or salt making, that have used the agricultural land assigned or leased by the State, have their use rights recognized by the State or have been transferred the land use rights, may continue usFng the land with the land use durations prescribed in Clause 1, Article 67 of the Land Law, except for cases where the State issues land recovery decisions as provided for in Clauses 1, 4, 7, 8 and 11 of Article 38 of the Land Law. 2. The extension of the use duration for land categories with definite use durations not falling within the cases prescribed in Clause i ot lhis Article shall comply with the following regulations: a) Within six (6) months before the expiry oi the use duration, if having demand to continue using the land, the land users shall fife their applications to the State agencies competent to assign or lease land for consideration and settlement under the provisions o1 C\auses 1, 3 and 4, Article 67 of the Land Law; b) The extension duration for cases where households, individuals lease agricultural land shall be determined in accordance with the provisions in Clause 1, Article 67 o( the Land Law; c) The extension duration for cases where economic organizations use land for the purposes of agricultural production, forestry, aquaculture, salt making; economic organizations, f1ouseholds, individuals use land as ground fo~ construction of productfon and/or b1isiness establishments; economic organizations use land for execution of investment projects; overseas Vietnamese, foreign organizations and/or individuals use land for execution of investment projects in Vietnam shalf be detem1ined according to the supplementary projects already approved by competent State agencies, but must not exceed the duration of land assignment or land lease by the StRte. 3. Where the land users do no\ wish to continue using the !and or apply for use duration extension as provided for in Clause 2 of this Article or are not permitted by compet0nt State agencies for land use extension, the Stale shall recover the land under the provisions of Clause 10, Articre 38 of tlle Land Law. 4. Annuarly, the People's Comrnitlees of the level competent to recover land shall direct the natural resource and environment agencies to review the land use dura!ion im order to decide on land recovery applicable to cases prescribed in Clause 3 of this Article. Article 35.~ Handling of land use levies, land rents, assets alref:tdy invested in land, for cases of land recovery presfribed in Clauses 2, 3, 5, B, 9, 11 and 12, Article 38,qf the Land Law 1. The Poopl~'s Committees of the l,Jvef competent to recO:ver land shall set up Valuation Councils to deterrrjine the remaining va,ues of the land use levies, 19:r1d rents, assets already invested in the land, for ca~s where the land use levies, land rents, asset mon@y invested in the land have not originated from the State budget; the remaining values belong to the ownership of the persons with their land recoverecl. Where the land ts assigned by the State without the collection ot land use levies or the land is leased by the State with lahd rents being paid annually, or the land is assigned by the State with the collection of land use levies ior leased by the Stale with land rents paid for the whole lease term or the land is leased by the State with land rents being paid for many years and the paid land use levies and/or land rents have originated from the State budget, only the remaining value portions invested in the land and not originating from the State budget shall belong lo the ownership of the persons with their land recovered. 2. The remaining values of land use levies, land rents, assets already invested in land, which belong to the ownership of the persons witl1 their land recovered shall be handled according to the following regulations: a) Where the recovered iand lies in urban arnias or urban dovoloprnont planning reqions, whicl1 is assigned to ti 1e land fund diwoloprnent organizatio11s, the land tund develop1rnmt organizations shall lmvo to pay tho rernainin9 valuos to tho pursons with llmi1 land rocoverod; in rlucn:; whena tho land fund devolop1ne11t or9anizalirn1:; are not available, 1110 payment to tlw pon;ons witll their land recovemd slwll Im made by the bud91"\ ul lhu level rnanaqiny the rncovored /and; b) Wl1em the recovemd land lies in rural areas rn1rJ is .1ssinnerJ to the commune, district township Peopl(!'s Con11nitteos for management or for addition to ttm public land funds, sucl1 commune or district township People's Committees stmll have to makH payment to the persons with their land recovered; c) Whom the rocovered land is assigned or leased tu other persons by the State, the land assignees or l<:isseEJS shall have to make payment to the persons with la11d recovered. 3. Where the recovered land belongs to the non agricultural land group eligible for participatfon in 1he ma! estates market, the People's Committees of the level competent to recover the land shall apply form of auc1ioning the lane! use right and assets already investod in the land and handle the remaining values of the land use levies, land rents, assets already investr-d in the land, which belong to the ownorship of tho persons with land recovored according to tho following re~ulationB: a) If the procet~ds from a11clions, after subtractin~J oxprn1ses !or 019<1nization of the auctions, are lower than ttm rurnaining valuos belon[Jing \olhe ownership of tl10 porso11s witll land rncovered, sucl1 persons st1nll IJe entitled to recflive 1110 whol0 sums of such rnonoy; b) HIile proceeds frorn auctions, after subtracting tho oxpenses for orga11i1.ation of the auctions, am higher than or oqual to the remaining valur;:; b,ilongin[J to t110 owner-ship of tho pfirsons witl1 land recnvowd, :;uch p0r,-ons shall b(-) entitled to rocoivc, the 1en1aini119 valuus bolonqi11q to their ownor~J111,; tl1c) difforonco:~ shall be rernittGd into tl1e Stato bucJrJet. /4. Where !he land is recovered due to acceptance ol \he land u~e ri~Jht hansler, the trani,for monuy, the rumaininn value of the assets already investod in land shall bo settlod like in thc1 caso of recoverin9 land assigned by the State with the collection of land usn levies as provided for ln Clfluses ·1, 2 and 3 of this Article. fi. WhcHG the to be-recovowd land has been ltlcrnod, mortgagud, guaran1m~d or contributed as eapital with the land use right by the persons with \mid to be ror;ovemd, the interests of thH land lessees, mortgauees, guarantees or receivers of capital <;ontributed with 1he land use right shall be settled under the provisions of Article 65 of this Decree Article 36.· Recovery of land and management of rocovered land funds 1. The State shall recover land for use for defense, security purposes, for national interests, public interests in the following cases: a) Using the land for defense or security purposes; b) Using the land for construction of working offices, non-business works with land assigned by the Stale without the collection of land use levies; c) Using the land tor construction of offices of foreign organiza1ions with diplomatic functions; d) U:;ing thn land for r;onstruction of public works not for business purposP.s; e) Usinn the land for renovation, devBlopmont of urba11 centers and rural population quartors; f) Using tlm land for devolopment of protoctivo fornsls, special-use loms1s; g) Usin~J the luml fen mligious establishrnrmts; h) Using tho land for construc;tion of crnrmteries, wavoyards. ?.. Tho S1alEJ shall rncovr-)r land for uso for oconornic rJevoloprmmt purposos i11 the following a) lh;in9 tho lar 1d for invu'.;lrnont in construdio11 of industrial parks defined in Article 90 ol thn Land Law, hi-tech parks defined in Article 91 of the Land Law, economic zones defined in Article 92 of the Lnnd Law; b) Using the land for execution of irwestmcmt production, business, se,vice or tourist projects of Group A under the provisions of lhe legislation on investment, which have been approved or permitted tor investment by competent State agencies but cannot be invested in industrial parks, hi-tech parks or economic zones; c) Using the land for execution of investment projects with sources of ott\cia\ development assistance (ODA) capital; d) Using the land for execution of projects with 100% foreign investment capital, which have already been approved or permitted for investmonl by competent State agencies but cannot be invested in industrial parks, hi-tech parks or economic zones. 3. All cases of land recovery prescribed in Clauses 1 and 2 of this Article must be included in detailed land use plannings, plans; detailed urban construction plannings or rural population quarter construction plannings, which have been already approved by competent State agencies. 4. The recovered land areas prescribed at Points d and e of Clause 1 and Clause 2 of this Article st1al\ be assigned to the land fund development organizations for management, for cases where the \and use p\annings or plans have been publ'lcized bul lhe investment projects are not available yet; assigned or leased to investors, tor cases where the in\Jestment projects are available, but the investors must use tl1e land for the right assignment or- /oasf! purposes. 5. The Stale shall recover land in the cases prescribed in Clauses 2, 3, 4, 5, 6, 7, 8, 9, 10, 11 and 12 of Article 38 of the Land \ aw and assign the land to the communo l.:>eople's CommiHoes for management if tho recovered land lies in rural moos, or lo 1he land fund doveloprnt➔nt organizations tm management if the recovered land lies in urban amas and regions with urban development planning. 6. The State shall not rer;over \and for use for economic development purposr➔s tor projects not prescribed in Clause 2 of tt•1is Article or in cases where investors are transferred or leased the /and use rights, or receive capital contributed with the land use rights of the current land users. In case of receiving the land use right transfer or capital contributed with the land use rights tor use of land for production and/or business purposes, which entails the land use purpose change, the land use r\ght translerees must be allowed to change the land use purposes under the provisions of Clause 1, Article 36 of the Land Law or to register the land use purpose changes under the provisions of Clause 2, Article 36 of the Land Law. In cases of renting land of the current land users, the land lessees must not change the land use purposes. 7. The use purposes mus! not be changed for the land already assigned for use for defense or security purposes, for national interests, public interests, construction of industrial parks, for use as ground tor non-agricultural production and/or business into the purpose of building dwelling houses for business. 8. The settlement of complaints about land recovery in the cases prescribed in Clauses 1 and 2 of this Article shall comply with !he provisions of Articles 162, 1 G3 and 164 of this Decree. The settlement o! disputes over land use right in the cases prescribed in Clause 6 of this Article shall comply with tl1e civil law provisions. Article 37.• Land requisition for definite terms 1. Where thr~ State declares the state of emergency uncier law provisions on emergency state, war emEJrgency state, natural disastEJrs, tire or other emernency cases, which seriously threaten the properties ol thn State and/or orqanizations, the properties and lives of people and require land use, the Government, the µrovincial/municipal PeoplfJ'f, Committees and the r-uwl district, urban dist1·ict, provincial capital or town People's Comrnitteos an-1 r;ornpetent to requisition land. The land requisition decisions must cleal"ly state the land requisition purposes and duration. 2. If the land requisition duration expims while tho land requisition purpo1;es have not yet been attained, the State agencies which have requisitioned the land shall dc~cide to extend the land requisition duration; the extension duration shall not exceed tl1ei land rnquisition duration. 3. The State agencies which have requisitioned the land shall have the responsibility to return the land and pay compensations for damage, if any, caused to the persons with land requisitioned, upon thEl attainment of the land requisition purposes or upon the expiry of the land requisition duration; the damage compensations shall be made wit11in six (6) months after the expiry of the land requisition duration. Where the land requisition affects the life-ensuring incomes of the persnns with land requisitioned, the compensations must be made within three (3) months in lump sum for the damage caused by the requisition. Chapter V LAND USE RIGHT REGISTRATION, CADASTRAL DOSSIER COMPILATION AND MANAGEMENT, LAND USE RIGHT CERTIFICATE GRANTING, LAND STATISTICS AND INVENTORY Article 38.· Land use rig/it rogistration 1. The land use right registration shall cover th(3 first-time registration of land use right and the registration of land uso·rnlated changes. 2. Tho first·tlmo rngistration of land u:;n right shall bo madt) in th8 following easos: a) Beinn assigned or lo,rnod land by tho State fm uso; b) The current land users have not been granted the land use right cHrtificates for their land plots. 3 flegistration of land use-related changes shall be applicable to pmsons who use the land plots to which the land use right certificates l1ave been already issued but changes have been soen in the land use in the following cases: a) The land users exercise tlw rigl1ts to exchange, transfer, lease, sublease, inherit, donate, mortgage the land use rights or provide guarantee or contribute capital with tho land use rights; b) The land users are allowed to change their names; c) There appear changes in shapes, sizes, acreages of the land plots; d) Land use purposes change; e) There appear changes in land use duration; f) There is the shift from the form of land lease by the State to the form of land assignment by the State with the collection of land use levies; g) There appear changes in the restriction of land users' rights; h) The State recovers land. Article 39.· Persons responsible for land use right registration 1 . The persons responsible for land use right regir,tration are the persons who take responsibility before the State for the land use prescribed in Article 2 of this Decree. For annod force units which use land, the persons rosponsible 101· land use right registmtion shall b0 the heads of such armed force units doterrnined as land users under the provisions of Clause 3, Article 83 of this Decree. 2. Tl1e persons rnsponsilJlG for land use right mqistmlion, delinrnJ in Clause 1 ol this A1iicln, may authorizo othor porsons to mqistfll" llrn land uso rights m:cordinn to civil law provisions. Article 40." Cadm,tral dossiers 1. The cadastral dossiers shall be detailnc! to nvory land plot according lo tho adnrinis\rative units ol commune, ward and district township. Each land plot must bear a separate code which is not identical with the codes of ollmr land plots throughout the country. 2. The cadastral dossier contents must be fully, accura\ely and \imoly re\lected and must bo adjustmi regularly with changes under law provisions in the course of land use. 3. The cadastral dossiers shall each be compiled with one original and lwo duplicates; the original shall be archived at the land use right registration office of the provincial/municipal Service of Natural Resources and Environment, one duplicate shall be kept at the land use right registration office of the dlstrlct-level Natural Resources and Environment Section, and one duplicate shall be archived at the commune, ward, district township People's Committee. The originals of the cadastral dossiers must be adjusted in lime upon any changes in land use, the duplicates of the cadastral .dossiers must be properly adiusted in accordance with the originals. 4. The cadastral dossiers shall be compiled according to the following regulations: a) The cadastral dossiers shall be compiled according lo the uniform technical standards on tho State coordinate system; b) The cadastral dossier contents reflect land plots; hydrological, irrigation systems; traffic road sys\ems; administrative boundary markers and lir10s of all levels, work safoly corridor boundary markers; cadastral coordinatHs; place names and explanatory annotations; c) Land plots mus\ l.le reprnsenled accurately with boundaries; the plot tops must havo accura!n coordinates. Each plot must bu accompaniod with information on the plot code, plot acmages and lnnd category code; d) Cada'.;trul maps must be rm1dG \Jy unils licens0d for topo()raphical pradice or entitled to t(;gister for topo9raphical practice. tJ. nw caclastraJ dossiers shall be archived and managed in form of documents on papers and be gradually digitalized for managernont on computers. The provincial/municipal f)eople's Committees shall have to invest in tl1e computerization of the cadastral dossier system. 6. The Ministry of Natural Resources and Environment shall promulgate regulations, technical standards, economic norms for compilation ul cadastral dossiers on papers and digitalized cadastral dossiers; guide the compilation, adjustment and management of cadastral dossiers on papers and digitalized cadastral dossiers; prescribe the process of replacing the paper cadastral dossier system with the digitalized cadastral dossier system. Arlicle 41." Land use right certificates t. The land use right certificates are made in a unified form applicable nationwide to all land categories, issued by the Ministry of Natural Resources and Environment. All tand users shall be granted land use right certificates except for the cases prescribed in Clause 2 of this Article. 2. The Stato shall not grant land use riglrt certificates in lhB tol\owing cases: a) The land is assigned by t11e State ior management presc:ribed in Article 3 of this Decree; h) The agricultural land belongs to public land funds managed tor use by communG, ward, township People's Comrnitloos; c) Tim land wmrs lease or sublease land of other persons, which is not leased or subleased land in industrial parks prescribed at Point d, Clause 5 of this Ariicle; d) The cum-mt land usors fail to fully moet tho conditions for IH.JintJ 9ranted land use ri9ht cortiticatos m, pruvidnd for in Articlm, 50 and 51 o1 the l.and Law. e) Persons who aw contracted land in State-run agricultural farms or forestry camps. 3. The land use right certificates are issued according to every land plot, each in two copies, of which one copy shall be granted to the land usor and one shall be archived at the land use right registration office. In cases where certificates of the right to use land affixed with condominiums, the provisions of Clauses 2, 3, 4 and 5, Artfcfe 46 of this Decree shall apply. 4. In the course of/and use, the (o{{ow!ngchanges must be inscribed in the land use right certificates: a) When the land users exchange, transfer, inherit, donate the land use rights or contribute capital with Ifie land use rights, thus formulating new legal persons for the whole land plots; lease, sublease the land use rights (except for cases of leasing, subleasing the right to use land in industrial parks prescribed at Poi11t d, Clause 5 of this Article) or mortgage, provide guarantee with, the land use rights or contribute capital with the land use rights but without formulating new legal persons for the whole or part of the land plot; b) Changes in the whole land plots upon the success!u) Jand dispute conciJjations recognized by competent People's Committees; the execution of competent agenci0s' or organizations' decisions on division, separation or merger of organizations; the realization of docL1rrnmts on division, separation or merger of economic organizations in accordance with law; lhe remission of debts under agreemont in mortgage or guarantee contracts: the execution of administrative decisions on settlement of land-related complaints, d,munciations, execution of judgments or decisions of people's courts, judgment execution decisions of judgmont enforcement bodies; the realization of doCLiments recognizing the results of land use right aur;tions in ac;cordance with law; implementation of division or separation of land usn rights ac;cordinq to lawful doc:uments for flousef1ofds or fJl"OUps of people sharing the land use right; c) Land usors arn allowed to change their nam0s; d) The land plot areas incrnase or decrease due to natural erosion or slid(➔ s; e) The land plot areas increase or deuease due to measuring orrors; f) There appear changes in information on codo of the land plots, narnes of the administrative units where exist the land plots; g) Land use purposes change; h) There is a change in the land use duration; i) There is a shift from the form of land lease by the State to tho form of land assignment by the State with the collection of land use levies; j) There is a change in restriction of land users' rights; k) There is a change in financial obligations to be performed by land users. 5. In the course of land use, the following cases must be granted the land use right certificates: a) New /arid plots are created thanks to land assignment, land lease by the State; b) New land plots are created due to consolidation of many plots into one plot; c) New land plots are created in case of transferring part of the right to the land plot, changing the use purpose for part of the land plot, recovering by the State part of the land plot, separating a land ()lot into many plots at the proposal of the land users and permitted by law; d) Whon land users lease or sublease the right to use land in industrial parks; lease or sublease the right to use land already acquired or for construction of workshops, establishments for hi-tech services, hHech product manufacture and business in hi-tech pmks; lease or sublease the right to use land in non larif! zones and industrial parks, special entortainment zones, tourist resorts in the tariff areas o/ the (~conorn(c zonos (ca//ed /easing or subleasing th('l ri(lh\ to use land in industrial park:',)·, e) The land plot boundaries cll'e altomd upon tho successful land disputo co11ci/iatio11s reCO[Jlli;:ud hy competent People's Cornrnitloes; the oxecution of competent agencies' or organizations' decisions on division, soparation or merger of organizations; Urn realization of documents on division, separation 01 merger o! economic organizations in accordance with law; the handling ol debts under the agreement in mortgage or guaran\ee contracts; the execution of administrative decisions on settlement o/ land relaled complaints, denunciations, execution ol judgments or decisions of people's courts, judgment execution decisions of judgment enforcement bodios; realization of documents recognizing results of land use right auctions in accordance with law; division or separation of land use rights under lawful documents for households or groups of persons sharing the land use rights; f) Land users' land use right certificates arn d'1scolored, blurred, torn, damaged or lost. 6. The land use right certificates granted under the provisions of the 1987 Land Law, the 1993 Land Law: the dwelling house ownorship and the residential land use right certificates as prescribod by \he Government's Decree No.60/CP of July 5, 1994 on the right to own dwelling l1ouses and to use land in urban areas are legally valid as the land uso rigt1t certificates wanted under the provisions of tho Lanrl Law and referrnd collectively to as lanrl use right c01tificates. Upon any changes in land use, as prescribed 111 Clauso 5 of this Article, the natural resources and environment officus of tlrn Peop!o's Com1nittoos competcrnt to grant land uso right certifica1(-is shall have to recover the granted land use right certificatos a11d carry out procedures for granting new land use rinht cm1ificatm; to land uson; acc:ording to the provi) ,iuns of tho Land Law. /. hir c;ases or lmvill(J corlificates rnlatnd lo land use right, whidi wrn,J issuod bofom thi<; Decree lakus itnplcm1e11tation orrw:l, which do not !all in tho cai;w; prr;,sc1·ibod ·111 Clausu 6 ot this Arliclu, tlw land uscxs 111ust carry out ll1EJ proc:odures tu apply fm land use riQli1 co1iificates aD providod 101 in /\rliclos ·130, I :-lG, 13i', 1~-Hl. 1;m and 140 of this Docrrw. 8. WhrmJ t11e land 11se ri9ht coriificatc-i:, am grar1toc/ whilu 1110 land usors me perrr1itled to delay the perfonnunco of their financial obliqation: ; as providod \or by \aw, \he uni Jmforrned financiul ohli9ations must be inscribed 011 the land use right certificatos and in the cadc1stral dossiers. Article 42.- Correction, withd1awa\ o( land ui;u right ceriificates 1. Upon detoction ol erroneous contrants inscribed in land use right certificates, the provincial/muniGipal Services of Natural F!esources and Environment shall have to make corrections for Hie land use right certificates granted by provincial/m11nicipul Peoplo's Committees; the district-level Sections of Ntltural Resources and Environment shall have to make corrections !or the land use right certificates granted by the People's Committees of rural districts, urban districts, provincial capitals or towns 2. The withdrawal of granted land use right certificates shall comply with tho followinn regulations: a) Withdrawal of land use ri~Jht certifir.atos in cases o( cl,ange of land use right c0rtilica1l1s; natural nrosion and slide of the whole lnnd plols; chango of land plots' boundaries, which requirn tho uran\'1n~J o! new land use right certilicates; b) Withdrawal of lfrnd use right certificalm; in casu of land rncovory under the provisions ol Article 313 ol the Land Law; c) In case o( faHuro to withdraw land use 119hl certificates, the land use right renistration offices and the Peopln's Committees ol \he cornrnunos, ward!:> or district townships whem exists tlw land shall ln-i notifil-Hl Hmroof; cl} l ho provi11cinl/111u11icipal Se,vicD'.; of Naturul Hei;ourcoi, and E1wiro11rn0nt shall have tho responsibility to withdraw land use right certificates fatting under the granting competence of the provincial/municipal People's Committees; the district-level Sections of Natural Resources and Environment shall have to withdraw the land use right certificates falling under the granting competence of the People's Committees of rural districts, urban districts, provincial capitals or towns, for the cases prescribed at Points a and b ot this Clause. 3. Where the land use right certificates have been already granted to stable current land users whose land use rights are recognized by the State, the withdrawal of such land use right certificates shall be effected only when judgments or decisions of people's courts have been executed except for the cases prescribed in Clause 2 of this Article. Article 43.- Inscription of land users' names on land use right certificates 1. For organizations and foreign organizations using land, the organizations' names shall be inscribed in accordance with their establishment decisions, business registration papers, investment licenses. For armed force units using land for defense or security purposes, the names of the land-using units defined in Clause 3, Article 83 of this Decree shall be inscribed thereon. 2. For land using-religious establishments, the names of such religious establishments shall be inscribed. 3. For land using-households, the name inscription shall comply with the following regulations: a) Where the households use agricultural land assigned by the State without the collection of land use levies or whose land use rights are common property of the husbands and wives, the full names of both the husbands and the wives shall be inscribed; where households propose the inscription of full names of only the husbands or the wives, there must be the written agreements of the husbands and the wives with certification by the commune, ward of township People's Committees. b) Where households use the land being the common property of the whole households, which do not fall into the cases prescribed at Point a of this Clause, the household masters' full names shall be inscribed. c) Where land-using households with the husbands or wives being foreigners or overseas Vietnamese, that do not fall into the cases prescribed in Article 121 of the Land Law, only the full names of the husbands or the wives being domestic individuals shall be inscribed, For land-using households with the husbands or wives being overseas Vietnamese, that fall into the cases prescribed in Article 121 of the Land Law, the inscription of names on the land use right certificates shall comply with the provisions of Points a and b of this Clause. 4. For land-using population communities, the names of such population communities shall be inscribed. 5. For land-using individuals, overseas Vietnamese, foreign individuals, the full names of such individuals shall be inscribed. 6. For cases where many land users share the rights to use their common land plots, the names of all these land users shall be inscribed, except for cases of condominium. For condominiums, the inscription of names on the land use right certificates shall comply with the provisions of Article 46 of this Decree. 7. Where land users had boen granted the land use right certificates before July 1, 2004 and the inscription of names thereon failed to comply with the provisions of Clauses 1, 2, 3, 4, 5 and 6 of this Article, the procedures shall be carried out to make adjustments on the granted land use right certificates, if it is so wished. Article 44.- Land use rigllt certificates in cases where assets are affixed to land 1. For cases where dwelling houses, other architectural works, forest trees and/or perennial trees are atfixed to land, such dwelling houses, architectural works, forest trees and/or perennial trees shall also be inscribed on the land use right certificates and the cadastraJ dossiers. The registration of ownership over the assets af!ixed to land shall comply with law provisions on fixed asset registration. 2. In cases where the land is used for defense or security purposes, on which exist constructions, such land plots shall only be measured and drawn up with their boundaries represented on the land use right cer@cates. Article 45.-Granting of residential-land use right certificates to households, individuals in cases where exist on land plots gardens, ponds 1. The residential-land areas for households or individuals, that were already granted land use right certificates before this Decree takes implementation effect shall be determined according to !he following regulations: a) The residential-land areas are the areas inscribed on the granted land use right certificates; b) In cases where the land users wish to change the land use purposes from garden or pond land to residential land, the residential-land areas shall be re-determined according to the provisions of Clauses 2, 3 and 4, Article 87 of the Land Law, Clauses 2 and 3, Article 80 of this Decree; households and individuals shall not have to pay the land use levies forthe acreage difference between the re-determined residential-land area and the residential-land area inscribed on the land use right certificate; c) Where the State recovers land for use for defense or security purposes, for national interests, public interests or economic development, the residential-land areas shaU be re-detern,ined under the provisions of Point b of this Clause and the persons having their land recovered shall be compensated at the residential-land prices for the re-determined residential-land areas. 2. Where the residential land affixed with gardens, ponds within the same land plots where exist dwelling houses in the population quarters is used before December 18, 1980 and the boundaries of the residential (or inhabited) land plots have been recognized in the cadastral dossiers or assorted papers on the land use rights prescribed in Clauses 1, 2 and 5, Article 50 of the Land Law, such total land areas shall be determined as residential land as provided for in Clause 2, Article 87 of the Land Law; where the boundaries of the land plots have not yet been determined in the cadastral dossiers or land use right papers prescribed in Clauses 1, 2 and 5, Article 50 of the Land Law, the residential-land areas shall be determined as not exceeding five (5) times the assigned residential land areas set by provinces or centrally-run cities as provided for in Clause 2, Article 83 and Clause 5, Article 84 of the Land Law, but the total land areas shall not exceed the land areas being used by households, individuals; the remaining land areas after the determination of the residential land plots shall be determined according to the current use status. 3. Where the residential land affixed with gardens, ponds on the same land plots where exist dwelling houses in population quarters is used from December 18, 1980 to before July 1, 2004, the residential land areas shall be determined accord'1ng to the provisions of Clauses 3, 4 and 5, Article 87 of the Land Law. Article 46.- Land use right certificates for land used for construction of condominiums, collective lodging houses 1. Land used for construction ot condominiums and works in direct service of condominiums belong to the co-use rights of condominium apartment owners; where condominiums and works in direct service of tile condominiums are leased, the land use rights belong to the condominium owners. ~~- Tho i:,:;um1ce ot lw1d 1wo ri[Jht cortifit;ato:; to condrnniniums ~;!wll cornµly with the fullowinq mnulaliom;: a) Investors u:;in9 land for oxocution o/ rroJoc:ls on condorniniurn construt:tion and business shut! bu granted the land w;e ri9ht certificat,)s; b} Where the entirn comJorniniums belong to the ownership of individual ownm·s or qroups of ownem being economic organizations, households, individuals, overnoas Vietnamese, foreign orqanizations orfominn individuals, the land use right certificates shall be granted anew or adjusted for handing to owneI-s or groups of owners of such condominiums; c) Where investors or condominium owners sell condorniniurn apartments, the condominium apartrrnnt buyms shall b8 wanted the land use rigllt certificates ih forrn of w;ing the common land; the land use right certificates alrnady granted to investors or condominium owners shall be adjusted to suit the form of common land use. a. For residential land used for construction of worts in di met service of one or many condominiurns, tho land use right certificates shall be granted soparatety for works owners or works-mananing organizations; whr,re there are no works owners or works-managing organizations, they shall be ar;sinned to tho Peopln's Committees of tile corrnnunes, wards or dic,trict townships wl1orn exists nuch land for rnana9etT!llnl. '1. Tim issuance of laml use right certificates to land with constructed collnc!ive lodging how;ef; ii; :,lipula1cd as follows: u) Tho lami used tor constwction of collrictivo lodgmg house:; :,hall in dude \hfl l,mcl !or conslructIon of the collfJcliv,1 lodginu house:;, yard land, ~Jardon land and land for con:,truction ol works in dirnct :;ervic;e of daily lifn of dwullu1:; in 1he colluctivo locJqing hou~;es; b) For t,ollnctiv() loduinq houses owned Ill/ nconornic or9:H1iz:-1tion,; to wranqD lodni11n;, I or labororn 01· colluctivo lod9in9 houses of trai11ir1g or ru:;eai"d1 orwmizations, used for arrangement of trninoo:/ lod[Ji11u;;, !ho land uso right cor!ificalo:; shall bo nrrn1 d to :;1.1d1 ornanizations; c) r:or umcial-duty bui!dings of thG Pm1y or State agenciGs or orwmizations, which are used to arrange lodgings for public servants, tl10 land uso right certificates slla\l Lio gi-anted to such auencies or organizations. 5. I.and use right certificates shall not bo issued to land used for ynrds, gardens, public play or entertainrn,~nt grounds or other public works in service of many condominiums, collective lodging houses orofficial--duty buildings, but shall be assigned to tho People's Cornrnittees of communes, wards or district townships where exists the land for management. Article 47.-Granting land use right certificates to owners of commonly owned houses 1. For houses under common ownership, where co-owners themselves agree to divide the whole land areas into separate plots for separate use, the land use right certificates shall be issued to each of such land plots. 2. For housos under common ownership, where co-owners themselves agree to divide the land areas for separate use and keep different land areas for common use, the land use right certificate shall be wanted to ovmy house owner; tho land use right ccirtifica!c➔ s must bo in::;cribed with tho corrnnon~uso land arem, and the separate-use land areas. 3. F'm houses under common ownership, wr1em cxi-ownom Jail to o.gn.rn by tl1ornselves to divide the land anlw, in!o separate -use plots, Irie land use right curtific:ate Bliall tw granted to ovnry house owner; the land u:,o right cc~rtificates must stato that the land arom; me for cornrnon use. Article 40.·· Grantin!~l lw1d tho right certificatus to lioutmr1olds, individualt, curruntly w;iriu land The ~Jru11\i11g of land w-;u riqht cortificates to houset1olds, individuals currently using land shall be effected according to the following regulations: 1. Households or individuals that are currently using land with the entire land plots or parts thereof being evidenced with one of the land use right papers prescribed in Clause 1, 2 and 5, Article 50 of the Land Law without disputes, shall be granted the land use right certificates for land areas with land use right papers, except for cases where the land lies in to be-recovered areas under plannings and the land recovery decisions have been already issued by competent State bodies. 2. Households or individuals that are currently using land with the entire land plots or parts thereof having none of the land use right papers prescribed in Clauses 1, 2 and 5 of Article 50 of the Land Law shall be granted the land use right certificates for the land areas without papers when the following conditions are fully met: a) The land is dispute-free; b) The land has been used before the time the land use plannings or plans or the detailed urban construction plannings or rural population quarter construction plannings are approved; where the land is used after the land use plannings or plans, or the detailed urban construction plannings or rural population quarter construction plannings are approved, it must be in line with such plannings or plans. The land-using time shall be certified by the People's Committees of communes, wards or district townships where exists such land; c) In cases where land is used from October 15, 1993 to before Junly 1, 2004, land use levies must be paid according to the Government's regulations on collection of land use levies. 3. Households or individuals currently using tho land for which tho State previously issued management decisions in the course of implementing the State's land policies, but in fact the State has not yet managed tho land, such households or individuals may continue using it and shall be grant~ld the land use right certificates without having to pay the land use levies. Article 49.- Granting land use right certificates to non-business organizations, State enterprises, which are currently using agricultural land 1. Non-business organizations and State enterprises (in this Article referred collectively to as organizations) shall themselves review and declare their land use and report to the People's Committees of the provinces or centrally run cities where exist the land and their superior agencies being ministries, ministerial-level agencies, Government-attached agencies or State corporations. 2. Non-business organizations, State enterprises shall have to draw up the detailed land use plannings based on the results of revtew of the current land use situation; the schemes on reorganization, renewal and development of State enterprises according to the Government's regulations; the approved local land use plannings, plans; branch development plannings. The contents of the detailed land use plannings must clearly determine the acreage of each land category retained for use, the land use plan, the land use duration, the land areas handed over to localities. 3. The provincial/municipal People's Committees shall consider and approve the detailed land use plannings of organizations using land in the localities. 4. Basing themselves on the approved detailed land use plannings, the provincial/ municipal People's Committees shall decide on land assignment, land !ease under law provisions on land regarding the land areas retained for use by organizations. 5. For encroaching, occupying; encroached upon or occupied land areas; land areas being in dispute, the provincial/municipal People's Committees shall definitely settle them in order to determine the land users. 6. The provincial/ municipal People's Commitl(➔os shall have to direct Hie determination of specific land use boundaries, rnarkor posts, the measurement amJ making of cadustral maps, tho grantiny of land uso right certificates to land-using organizations. 7. ·The handling of land not covered by dritaili➔d land uso plannings of non business organizations or State enterprises, which use agricultural land, and agricultural land of the dissolved organizations, shall comply with the Government's regulations. Article 50.- Issuing larid use right certificates to land used for farm economy 1. The commune, ward or township People's Committees shall review the current land use situation and report to the People's Committees of rural districts, urban districts, provincial capitals or towns on the land used for farm economy, to which land use right certificates have not been issued, according to the following contents: a) The current land use situation as compared with the cadastral dossiers and the approved detailed land use plannings; b) Results of investment in production, business and services directly serving agricultural production, forestry, aquaculture or salt-making of farms; c) The land areas assigned or leased by the State; transferred from others, inherited, donated, received as capital contributions from other households or individuals; contracted by organizations. 2. On the basis of the reports of commune, ward or township People's Committees and the approved detailed land use plannings, the People's Committees of rural districts, urban districts, provincial capitals or towns shall decide to handle or issue land use right certificates according to the following regulations: a) Households anrl individuals, that uso agricultural land for farm oconomy but fail to use the land for the right purpose: build dwelling houses 01 works used for noncagricultural business purposos or othc~rarchitectural W{Hks wittwut permission, shall thcmisolves have to addross tho situation, dismnntlo the works in order lo use land for the right set purposes; in cases wher0 t~lGY fail to address the situation and to dismantlo the works at their own will, the People's Committees of rural districts, urban districts, provincial capitals or towns shall apply coercive measures or recover the land; b) Households and individuals, that are directly engaged in agricultural production, forestry, aquaculture or salt-making and assigned land by the State and have used such land for practice of farm economy, shall be allowed to continue using the land for the remaining duration for the land areas in excess of the limits prescribed in Article 70 of the Land Law; the land areas exceeding the limits shall be handled in accordance with the provisions of Article 67 of the Land Law; c) Households and individuals, that are not directly involved in agricultural production, forestry, aquaculture or salt-making but have been assigned land by the State and have used such land tor farm economy, must shift to lease land; the land leasing term shall be the remaining duration of the land assignment duration; d) Households and individuals, that have practiced farm economy on the land leased by the State, contracted by organizations or received as capital contribution of other households and/or individuals, may continue to use tl1e land under the signed contracts; e) Households and individuals, that ~1ave practiced farm economy on land transferred from others, inherited or donated, shall comply with tho provisions ol Clause 3, Article 7"1 of tho Land Law. 3. The land areas prescribed at Points b, c, d and ci, Clause 2 of this Article (except for cases of being contracted by organizations), which are certified by commune, ward or township People's Committees as dispute-fre(~, shall be issued the land use right CH rtificates. A1ticlc 51.- Issuing land usfi right corlificates to land usod for conslruchon of agencies' offices, non business works 1. Organizations currently using land assigned by the State for construction of working offices or non business works but having not yet been granted land use right certificates must review and declare the land use and report thereon to the People's Committees of the provinces or centrally run cities where exists the land and to their immediate supmior agencies. 2. On the basis of organizations' reports, the People's Committees of the provinces or centrally run cities where exists the land inspect the actual land use and decide to handle, grant land use right certificates on a case-by-case basis according to the following regulations: a) The land areas, which have been assigned by the State and used for the right purposes, shall be permitted for continued use and issued land use right certificates; b) The land areas, which have been left unused, have been used for wrong purposes, or have been encroached upon, occupied or lost due to the lack of responsibility; the land areas, which have been leased or lent to other organizations, households or individuals for use; and the land areas, which have been illegally put into joint ventures or cooperation, shall be recovered under decisions of provincial/ municipal People's Committees: c) The residential land shall be assigned to the People's Committees of rural districts, urban districts, provincial capitals or towns where exists the land for management; in cases where the residential land is used in conformity with the approved land use right plannings or plans, the land users shall be gmnt~)d land use right certificates and must fulfill the financial obligations under the Government's regulations on collection of land use levies; d) The encroaching, occupying, encroached upon or occupied land areas; the land aroas being in dispute sha\1 be de1ini\Hly sottled by provincial/ municipal People's Committens in order to deterrnine tt-w land users. Arlicle 52.· Issuing land use right certificates for land being used by enterprises as ground for construction of production and/or business establishments 1. Enterprises using land as ground for construction of production and/or business establishments and t1aving not yet been granted the land use right certificates must review and declare their land use and report thereon to the People's Committees of the provinces or centrally run cities where exists the land. 2. On the basis of en,erprises' reports, the People's Committees of the provinces or centrally run cities where exists the land shall conduct field inspection and decide to handle, grant the land use right certificates on a case-by-case basis according to t11e following regulations: a) The land areas, which have been leased by the State, transferred with lawful land use rights from others or assigned by the State with the collection of land use levies and the money already paid for being transferred the land use rights or the land use levies already paid to the State have not originated lrom the State budget and the land areas are being used for the right purposes, shall be permitted for continued use and issued the land use right certificates; b) The land areas, whiGh have been assigned lJy the State without the collection of land use levies, been transferred with lawful land use right from others or assigned by the State with the collection of land use levies and the money already paid for bEiing transterred with the larnl use rights or the land use leviGs paid to the State have originated from t11e State budget and the land areas are being used !or the right purposes, but have not yet berm shifted to land \(1ase, mus\ be shifted to land lease; in casos whore the form of land assignrnont with the collection ol land use l~NiGs is opted 1or, the land use \(wios must bu paid; c) 1he land areas which have been left unused, have been used for wrong purposes, the land areas which have been illegally encroached upon, occupied or lost; the land areas which have been leased, lent to other organizations or individuals for use, put into joint ventures or cooperation in contravention of law, shall be recovered under decisions of the provincial/ municipal People's Committees; d) 1he residential land shall be assigned to the People's Committees of rural districts, urban districts, provincial capitals or towns for management; where the residential land conforms with the approved land use plannings, n1e land users shall be granted the land use right certificates and must fulfill the financial obligations under the Government's regulations on land use levy collection; e) 1he encroaching, occupying, encroached upbn or occupied land areas; the land areas being in dispute shall be definitely settled by the provincial/ municipal People's Committees in order to determine the land users. 3. For the land areas prescribed at Point b, Clause 2 of this Article, enterprises must draw up production and/or business schemes to be submitted to the provincial/ municipal People's Committees for consideration and approval; the land use purposes and duration must be determined in the production and/or business scl1emes. After the production and/ or business schemes are approved, the enterprises shall be granted the land use right certificates. Article 53.- Issuing land use right certificates for land being used by cooperatives 1. Cooperatives which are using land but have not yet been granted land use right certificates must themselves review and declare their land use and report thereon to the People's Committees of the provinces or centrally run cities where exists the land. 2. On the basis of cooperatives' reports, the People's Committees of the provinces or centrally run cities shall conduct field inspections and decide to handle, grant land use right certificates on a case by-case basis according to the following regulations: a) The land areas, which have been leased by the State, transferred with the lawful land use rights from other persons or assigned by the State with the collection of land use levies and the money already paid for being transferred the land use rights or the land use levies already paid to the State have not originated from the State budget, the land contributed to cooperatives by their members, which have been used for the right purposes, shall be permitted for continued use and issued the land use right certificates; b) The land areas, which have been assigned by the State without the collection of land use levies, been transferred with lawful land use rights from other persons or assigned by the State with the collection of land use levies, and the money already paid for being transferred the land use rights or the land use levies alre{ldy paid to the State have originated from the State budget while the land is being used for the right purposes but has not yet been shifted to land lease, must be shifted lo land lease; in cases where the form of land assignment with the collection of land use levies is opted for, the land use levies must be paid. For agricultural cooperatives' land areas used for construction of working offices, storehouses, drying yards, construction of service facilities in direct service or agricultural production, forestry, aquaculture or salt making, they shall be assigned by the State without the collection ot land use levies; c) The land areas which have been left unused, have been used for wrong purposes, land areas which have been encroached upon, occupied or lost due to lack of responsibility; the land areas which have been leased or tent to other organizations or individuals, put into joint ventures or cooperation in contravention of law, shall be recovered under decisions of the provincial/municipal Piwple's Committees; d) Tho rosidential land d1a!I IJo handmJ ovIn lo ttw People's Comrnittoes of rwal districts, urbnn districts, provincial capitals or towm for rnanagorncmt; where tho residonHal land conforrns with tho approwJd land use planninns, th(~ land u'.mrs shall be granted the !and use right certiHcates and must fulfill the financial obligations under tho Govornmrmt's regulations on land use levy collection: e} The encroaching, occupying, encroaehod upon or occupied land areas; the land areas being in dispute shall be definitely settled by the provincial/ municipal People's Commilt(-les in order to d0Wrmine the land users. 3. For the land areas prescribed at Point b, Clause 2 of this Article, the cooperatives must draw up their land use schemes to be sent to provincial/municipal Services of Natural Resources and Environment for appraisal before being submitted to the provincial/ municipal People's Committees which shall decide on the land use purposes, land use duration and grant Hie land use right certificates. Article 54.- Issuing land use right certificates for land with historical"cultural relics, scenic places The issuance of land use right certificates for !and whore exist historical-cultural reties, scenic places, which have already been classified or have been protected under decisions of the provincial/municipal People's Committees, shall comply with tho following regulations: 1. For land whern oxist independent historical" cultural relics, scenic plnces, lhe land use right certificates shall be granted to 1t10 organizntions directly managing tho historical-cultural relics, sconic plaC'-OS. 2. For land whero oxist historical--cultural rnlir;s which belong to private ownership, !he land uso right cmtificates shall bn \JrHllhld to the private owners. 3. For land whew exist hi:,!orical--cultural rnlics ol population comrnunitios, the land usn riulit certificates shall !Jo wanted lo !,uch population con11nu11ilim:. 4 In cnso:; whoro ilistrnicnl-c11ltuml rnlicr; or scenic plnco:; cower va!-;I arow; of land DI d/Horont catngorin:;, Hw )and 1.1:,n 1·iqlit c,ntifb-ttri:, s/1all 1101 be) issued for tile entire historic,:il--cultural rolic or scenic place areas but to diffnrnnt usrHs of the nssortod land in tho arfJas. The land w;I-)rs rnust comply witf1 tho rogulalions on protection of historical culturnl ro!icn, i,;cnnic placr~s. Article 55.- Issuing land uso ri~Jlit curtificatns for land lminn usod by roligious es1ablinl11rwnts 1. Tho religious estabHshments, which are usinn land where exist pagodas, chur-chos, oratoriGs, sanctuaries, monasteries, religious schools, offices of roliqious 01·ganizatlons and other religiour, establishments, are permitted by tho Stato for operation but have not been granted bnd use riaht certificates, must review and deGlare their land use and rnport to the provincial/municipal People's Committees the following contents: a) The total land areas being 1Jiwd and the land plot boundaries under the current land use~ situation; b) The land areas lent or leased to ornanizations, households or individuals by tho religious establishments; c) The land arnai,, which lho religious ostablishments have borrowocl or rnceived ;:is donation from organizations, hnusel10/ds or individuals; d) Tho land anms nncroachod upon or occupiod by other f)fJISons; o} Tho land aroas assigned \.o Hm reli~J\ou:> m,tahlishrnonts by c,irr1potonl. Stain bodiHs tor oxpansion of tho rolinious ornanizations; 1) Thn land amar, for nxparn;ion of \hG mliqiou!; ostHb!ishrnnnts without portnis~ ;io11 of compulr!nt ~;talo bodic:Js. centrally run cities shall conduct field inspections, determine specific boundaries of land plots and decide to handle according to the following regula1ions: a) For the land areas which had been used stably by organizations, households or individuals before October "15, 1993, to base on the land use demands of religious establishments as well as such organizations, households or individuals for settlement, aiming to ensure that the land use interests of the parties are suitable to reality: b) For the land areas which were used by organizations, households or individuals from October 15, 1993 to before July 1, 2004, to settle them like the cases where households or individuals borrow or lease land of other households or individuals, prescribed in Article 113 of this Decree; c) The land areas expanded by religious establishments without permission of competent State bodies; encroached upon, occupied; being in dispute, to settle them definitely in order to determine the land users. 3. For the land areas of religious establishments, after they are handled according to the provisions of Clause 2 of this Article and the conditions prescribed in Clause 4, Article 51 of the Land Law are fully met, such religious establishments shall be granted the land use right certifica1es. Article 56.- Authorization of granting of land use right certificates The provincial/municipal People's Committees shall authorize the provincial/ municipal Services of Natural Resources and Environment to grant land use right certificates to organizations, religious establishments, overseas Vietnamese, foreign organizations and individuals in the following cases: 1. The land users have obtained the land assignment or land lease decisions of competent State agencies but have not yet been granted the land use right certificates; have obtained the land sub-assignment deGisions or land lease contracts of hi-tech management boards or economic zone management boards; have obtained the written recognition of results of lawful land use righ1 auctions, the land dispute conciliation results recognized by provincial/municipal People's Committees; have obtained decisions of competent agencies or organizations on division, separation or merger of organizations; have obtained written documents on division, separation or merger of economic organizations in accordance with law; have got agreement on handling of mortgaged land use rights as security for debt recovery according to law provisions; have obtained administrative decisions on settlement of land disputes, land related complaints or denunciations, judgments or decisions of people's courts, decisions of judgment enforcement agencies, which have been executed. 2. The land users have registered changes in land use upon consoHdation or separation of land plots according to the provisions of Point c, Clause 1, Article 7 of this Decree and the land plots, before being consolidated or separated, were given the land use right certificates. 3. The land users have been re-granted the land use right certificates or have had their land use righ1 certfficate changed under the cases prescribed at Point f, Clause 5, Article 41 of this Decree. 4. Granting of new land use right certificates in replacement of assorted land use right certificates granted under the land legislation before July 1, 2004 as provided for in Clause 6, Article 41 of this Decree. Article 57.- Competence to adjust land use changes on land use right certificates The competence to adjust land use changes prescribed in Clause 4, Article 41 of this Decree is prescribed as follows: 1. The provincial/municipal Services of Natural Fl.esources and Environment shall adjust land use changes on the granted land use right certifiGa1es forthe cases prescribed at Points b, c, d, e, f, g, h, i, j and k of Clause 4, Article 41 of this Decree, where the post-adjustment land users are organizations, religious establishments, overseas Vietnamese, foreign organizations or foreign individuals. 2. The district-level Sections of Natural Resources and Environment shall adjust land use changes on the granted land use right certificates for the cases prescribed at Points b, c, d, e, f, g, h, i, j and k of Clause 4, Article 41 of this Decree, where the post adjustment land users are households, individuals, population communities or overseas Vietnamese entitled to buy dwelling houses closely associated with the residential-land use rights. 3. The land use right registration oflices of the provincial/municipal Services of Natural Resources and Environment shall adjust land use changes on the granted land use right certificates for the cases prescribed at Point a, Clause 4, Article 41 of this Decree, where the post-adjustment land users are organizations, religious establishments, overseas Vietnamese, foreign organizations or foreigners. 4. The land use right registration offices of the district-level Sections of Natural Resources and Environment shall adjust land use changes on the granted land use right certificates for the cases prescribed at Point a, Clause 4, Article 41 of this Decree, where the post-adjustment land users are households, individuals, population communities, overseas Vietnamese entitled to buy dwelling houses closely associated with residential-land use rights. Article 58.- Land statistics and inventories 1 . The land statistics and lnventory figures shall be used for the following purposes: a) Evaluating the current land use situation, being used as bases for elaboration of land use plannings and plans, as bases tor examinalion of implementation of land use plannings, plans; b) Being used as documents for natural resource basic surveys in service of the formulation of socio economic development, defense, security strategies, overall plannings, plans of the whole country, of branches and localities; c) Publication in yearly books on national statistics; d) Serving the demands for use of \and data in scientific research, training and other demands. 2. Land statistics and inventories shall comply with the provisions of Clause 1 , Article 53 of the Land Law; land statistics shall not be carried out in the land-inventorying year, 3. The Ministry of Natural Resources and Environment shall define the contents of land statistics and inventories; forms and tables used for land statistics and inventories; contents of current land use maps demonstrating land inventory figures. 4. The land statistic and inventory time is stipulated as follows: a) The time for annual land statistics shall be January 1 of the following year; b) The time for land inventory shall be January 1 of the last year of the land use plan period. 5. The Ume for completion and submission of land statistical figure reports is prescribed as follows: a) The commune, ward, district township People's Committees shall complete and submit their local reports on land statistical results to their immediate superior People's Committees before January 15 of the following year; b) The People's Committees of rural districts, urban districts, provincial capitals or towns shall complete and submit their local reports on \and statistical results to their immediate superior People's Committees before January 31 of the following year; c) The provincial/ municipal People's Committees shall complete and submit their local reports on land statistical results to the Ministry of Natural Resources and Environment before February 15 of the following year; d) I lie fv1i11i:-:l1y rd 1\1.:ilLH'i.d flu:w111cu:; rn1d 11vi11mnHmt ::l1n.ll cu111pl('fe a11d suh111it tlH; nutirmal 11Jpo11 011 land slali::tical rw:11/ls to t/1n C,ovn111111n11t \>1)l01r, Mrncil 1 !, ol ti w fo!lr)wi11q yr!,:11 C. ·1 hu \imu 1uI con 1plui.l<J11 rn1d SlliHl i'1:::;io,1 of lrn HI 111vn11lo1y !1qucn,; i,; p1(-:';c1ihud ns lo\1owi;: a) 1 lw com111uwi, wmd, township Pnop\r/s (;qn1rni1ten:; shall crn r1/oldl' and :;11IJ111it thP.it· local rnport:; 011 land invei 1!01 y 1r:1:ults lo ttwir irnrnodi,.llri ::11pnrin1 Pooplp's Cor 11111itl0Ps bnfom April 30; 11) IIH' l'rH>11lo's C11111111ittoos of rural dislricb, wbnn di:,tiii:I,;, provir1cinl capitab 01 towns ~;hall uimp\r;\e anti :l\ 1brnit thnir local rnpor\s on land 111vm1tnry rn.sult:i to thoir imrnrnJinte sup1~rior !'1;oplo's CrnnmiltrJe:; heforo June :ClO; c) nw provincinl/ niunicipal Peopln's Cornrnittens ::hall cornr 1lnto and subrnil their local reports on lnnd invo11to1y rnsulls to th1➔ Ministry of Natural llosourcos and Fnviro11rncmt before August 1 t'i; cl) Tlrn Ministry of Nat,iral rlesources and Envirornnent :;hall complete and submit the rrntionr1I ,r•porl 011 land invonto1y results to the Govemrnent IJnlun, OctolJor 31. Chapter VI UU·Jl) USE rm,ins IN 11EAL ESTATE MAHKFr /lrtii:fe 5fJ,., lrn1d 1:; ;lllnwod 101 parlicipalio11 ir1 !!11, ni,11 w,l:tlr' 111:ulwt 1 I .,111il witl1 n:,:;ot:; n1fixrnl tlmroto and tile land 11sr• 1iqhl:;, pr•11nittod 101 prnlidpnlion i11 tl'lfl mal ostatci 1rn1hnl. r,lnll incl11du: n) l..HI 1d 101 nnric:ullt11lJI pI·or11Ictiull, ln11d Willi p1u11u<:1ion lo1Dr;\s othm tl1rn11in\rnal iorn:;t~;. w\iid1 in, a:;siq11mJ l1y 111(: ~;talc wi1I1oul th() collection o( lill 1d u:w luvi(!'.; to I 1rn1::nl 1olds, imlivid1mls; Ii) /\!]ric11lt111nl l,rnd l)n1IIq 111:r,d '.,lflilly !Jy l1uu:,el 1old·;, ili'livi,111;,I:: ln1 p111p1.1s1n; nl agric:uJI1w-il 111 <Jdu, ;1 i• 11 , , h1i,.}., I I y, ,1q 11, , , :1 11 It n r) Ill 1,;:1lt rnal<il I(), wit/ 1 II,c h,11d ,,·.,, ,,ql,l:, l11:iriq :1!1:•:rilv 1r't.:<Hp1i1nd liy tl,n r:) Awicul!urnl l:-n1rJ boi11u assigned tiv the Stall• witli the colluctio11 of lw1d use lov1e:; to or:onornic Prqa11i/nlion'.;, ovrn:;o,1:; VintnnrnosrJ; d) /\9ric11ltwal 1,md loased by th(-J Stain to OV(-)rseas Vintnan,esn, forniqn orgw1izatio11s or fornign lnrlivir.luals witi1 ttw lnnrl rents paid in lump sum for ti 10 wl\olo leasin9 tnrrn; e) n{~sidential land assi!Jlll:>d by tile State \o liousoliolds, individuals for co11struction of dwelling houses; resiclontial land assigned by the State to oconornic orua11i;,ntions, overseas Vietr1:.11nei,o Im i11vos1rnent in dW(·Jlling house cons1ruction anrl hu}:ines:l', rns\dontial \anrl leased by ll1cl State to overseas Vietnamese, foreign organizations or foreign individuals for investment in dwellinii /1ouse construction and business with land rents paid in lump sum for the whole leasing term; f) Flosidential land being used by households, individuals tor t11e purposes of building dwelling t10uses, with their land use rights being already recognized by tho State; g) Non~agr'icultural production and/or business land, land used for public business purposes, assigned by the State with tho collection of land use lr•vins to 0conot11ic organizations, housoholcts, individuals, oversons Vietnamese; 11) Non-agricu\1ural production and/or b,1siness lrnid, lwtd w;(;d for public business pu1posc;'.,, \eused tiy t/1r-J ~;tato lo ovur1wa:; Viotnamo::o, foreign orga11i1atic.H1~; or fornionors, with !hr-, land ro111s paid in lulflp sum for tho whole lensin9 tnrm; i) I\Jon·awic11lt111al producticm n11d/or lIusiness tn11d, lnnd ui;od 101 putilic IJw,i11oss purpu:,es, !1ninq u:.;od by ilour,nllold::, individuals or economic oriirn1izations, with tile land uso rinhts tJ(-)/nQ already rncoqnizPd i)y 1118 Sl111n. 2. Lrn1d loa,;ud frolll tl1u :>1at1➔ wiU1 land ronls paid :111111n1lly and with 1111: H:,snt,; affixed 1l1ornto boinn p1crrnillf'd fo1 r1wticip;1tim1 in tl1n 1onl o:llnlo rr1nrknt shall include: morltJaQO, providn guarantee or contribu1H capita a) F'nrenniaHroe l:md with tree gardens thnreon, with the (and USfl rights. production-lonc1st land with fmosts thornon, salt- 5. Fominn organizations, fornign individuals l<1ase making IRnd and aquaculture➔ lanrJ whoro sublmrno \lie land use rights; mortgage, providE· in1rastructures have been inve'.;tod; guaranle(~ or contribute capital with thfJ land use l'i!Jhls b) Non-agricultural production and/or business land, land used for public buslnfiss purposes, whero infrastructures have been i1w0sted or where. e.xist constructions affixod to land. 3. The recipients of assets affixed to land in tho cases prescribed in Clause 2 of this Article shall be f)errnitted by the State lo continue leasing !lie land for the remaining duration of the signed land lease contracts. 4. Upon the expiry of the land use duration, the persons assigned or leased land and with their land use rights recognized by the State; persons being transferred the land use rights from other persons as provided for in Clause 1 of this Article; the recipients of assets affixed to land leased by the State from other persons, prescribed in Clause 2 of this Article, if wishing to extend the /and use duration, sha!I a!I be considered for extension under the provisions of Clause 2, Article 34 of this Decree. Article 60,- Contents of operations of land use right market in the real estate market Contents of operations of land use ri~Jht rnarket in the real estato market shall include: 1. The State a~,signs agricultural land to households, individuals without the collection of land use \ev\es. 2. Tl1e StatG as,;igns land with the collc,ction of land use levies, leases land throunh auctions or at prices sot by the State. 3. Householcls, individuals exchange, transfer, loase, sublease, inherit or donate the land usr, rights; mortga9e, provide 9lwranleo or contrlbu1e Gapital with thc1 lnnd usr:J riqhts. 4. Economic orrJaniznlio11::, ovnrsoai; Vintn:.1111c!,n trnnsfer, /uaso or ~:ubllrnso the land uso ri9hb; 6. Economic or9anizations, oversea1 Vietnarneso, forc,ign organizations, foroignem inves (r1 the. ccnstruc\irn, o1 owell g houses for business production and/or business establishments infrastructures. 7. Households, individuals, economi( organizations, overseas Viotnamese, foreigr organizations, foreigners set\, lease, donate asselt affixed to land; mortgage, provide guarantee 01 contribute capital with assets affixed to land; individuals, overseas Vietnamese, foreignen, bequeath assets affixed to land. 8. Overseas V1e1riarnese defined in Clause 1, Article 121 of the Land Law buy dwelling houses associated with the residential land use rights; are donated or bequeathed the land use rights and assets affixed lo land. 9. Non-business organizations, economic organizations are licensed to provide services in suppart of real esta1e marl(et regarding land use right registration, secured transaction registration, rneasuremont for cadastral map rnal(ing; pmvide information on land, recornmendution ol investmf)nt locations; valuation and appraisal of land, real osliJID prices; receive mortgage or guarantee with the land, real estate use rights; organize land, real Gstate use r\gh\ transaclion l\oor; aucHon land, real Gslate uso rights, biddings for projects with the use of land; real ostato securities. Article 61.- Cases ot auction and non-auction of land use rigl1ts 1. The auction of land use rights shall apply when the, State assigns land with the coHoc1ion ol land use lovios, \easa,1 l:md or when land use right-rolatod jud~1rrwnts or dutJt rncovorins mo executed, oxcepl for Hw cai;os prescribed in Clause 2 of this Article. 2. Tho no1H:lUclion ol land use righ1s shall apply wl1on 1ho Slaw w,!ii:Jw, land with tho collection ol land uso lovies, lea:;os land (ff when land use right related judgmonls or dolJt rncoverios arc execu\mJ in the following casos: a) Where tl1c land is used under Hie provisions of Clause 1, Article 60 of tlw Land Law; b) Where economic orqanizalions shif1 from land lease to land assignmo11t with lite collec;tion of land use levies; c) Where t11n land users are permitted by competen1 Stato ag(mcies to change tho \and use purposes; d) Where the land is put on auction but no one participate therein or the auction fails. Article 62.·- Auction of land use rights, biddings for projects involv(ng land use with regard to land funds used for creation of investment capital for construction of infrastructure 1. The use of land funds for creation of investment capital for construction of infrastructures shall be effected in either of the two following forms: a) Auction of the land use rigllts to create r;apita\ sources in money tor ctireet use lor ·investment in infrastructure construction; b) Bidding for construction of works and auction of land uso rigrIts for r;rnation of capital for construction of sur;h worl<s in tho same bidding packages. 2. Where the form of land use right auction is applied for creation of capital sources in money for direct uso for invostnwnt in infrastructurn construction, the following principles shall be complied with: a) The auction of land uso rights and the biddin9s 1or construction of worki; shall ho carr"Ied out indepondontly; b) The provinr:ial/municipal Peopln'l, Cotnrnittnnr; shall havn to Gloarly idnntity Uw \and uso purpo:;os and ~,tructurn for the land pu\ on auc\ion ~{. Whure thn lorrn of bidding tor construction of works and ouction of land use rights for creation ot capi\al for construction of such works in tho samo biddin\J pac\mges is applied, 1he followinq principles :;liall !Jo comp(ied with: a) Tho point scale for marking the bids for construction of works and the point scale for mar-king lho land use ri9ht auctlon shall be drawn up separaloly; b) The provincial/municipal People's Committees must clearly identify the land use purposes and s1ructurn tor \and put to auction; c) Whm1 using the bid-winning land, tho bid winner-s must draw up land use schemes to be considered and approved by provincial/municipal People's Committees. 4. The order and procedures for auction of land use rights, biddings for works involving land use shall comply with the regulations promulgated by the Prime Minister. 5. Annually, the provincial/municipal People's Committees shall formulate and submit to the People's Councils of the same level for adoption the lists of investment projects for infrastructure construction eligible for use of land funds to create capital and the land areas used for creation ol capita! for execution of such projects. Article 63.· Land use rights of Stato enterprises when being equitized l. Tt1e State enterprises' land use rights acquired from land assignment or land lease by Hie State, from land use I•ight reception, which constitute the State's pmperty at the ontmprises, must be calc;ulnted into 1hn value o/ thG enterprises' assots upon their nquilization. 2. ThcJ land usu right value determirwd for inc\u:iion in the value ol entorprisos' asseh; upon their uquilizntion must !Jo clrn;o to thn actual prict➔ s of land 11c;,,i 1tJlit tran~;/or on H,e rnarkd but shall not IJn lowm limn iho land pricm; s1;l by \hn provincin!/rnunicipal Peoplo's Cornmi\\r)es al tho tirne ot oquilimlio11. 3. Upon tho equilization of Stato ont01p1·is(;:;, tlm provincial/municipal People's Comrnittom, shaH I 1uvu to reviow !he land funds bo(n~J used hy \hu enterprises, handle and rJrnnt land ustJ right certilicattls according to the provisiom; of Arlii;los 49 and 52 of t11is Decroo. Article 64.- Ro!Jistration of secured transactions on land use rigl1!s 1. The registration of secured transactions on land uso rights sl1all cover the following cases: a) ffogistration of mortgage of or guarantee with tho land use rights; b) Registration of changes in contents already registered for mortgage of or guarantee with land use rights; c) Registration ot correction ol errors in the contents of registration for mortgage of, gwuantee with land use rights; d) Registration of cancellation of or de\et\on o1 resulls o! registration of mortgage of or guarantee with land use rights; e) Registration of results of handling tl1e assets mortgaged or guaranteed with the land use ri9hts, 2. The registration requesters shall be ono of the lo1lowing subjects: a) The land uso right mortgagor or mortganeo; b) The land use right guarantor or guaranteo; c) The now nwrtgcl!JOr or the new rnort[Jageo in case of changing oithor ol lhe parties prescribed 1:1t Point a of this C!auso·, d) The now gu.:uantor or the now guarantoe in caso of changing either o/ tho parties prnscrilmd al Point b of this Clauso; B) The persons authori1..ed by one ol tho p;:irtiu~; to tho 1T1orlga~JO 01· 01wranloe cor1lracls und,1r civil /nw provisi011s. ::l. Ar wncies perfon111n(J the rcqislration of :;ucwud transactiorn; o! land usu rights i;/Jall bo land usu riutit reqi:-;tralioll olficos~ 4. Pri11c:iµlo:., for rqJistralion of securnd transactions on land use rig/its aru pmscribed as follows: a) The imcurod transactions of land use rights shall be rogistered according to tl10 contents of the applications and the rnortS)ago or guarantoe contracts. The parties to the rnonga.oe or nuarant,"o contracts must bear responsibility tor the registomd contents. b) The renistration offices must make accurate registrations according to the contents of the applications and the mortgage or guarantee contracts; c) The registration ol secured transactions ot land use rights shall be acknowledged in \he cadas1ral dossiers and the land use right certificates without granting other certificates of secured transaction registration; d) Information on registration of secured transactions of land use rights shall bo supplied to all organizations and individuals that have demands therefor; e) The registralion of secured trnnsactions of land uso rights shall be legally valid under civil law provisions. 5. Tho land uso ri9!1t value in secumd transar:tiorn, shall be determined accordino to tho followin~1 regulations: a) Tl1e land use ri9ht value in casm; where r,ousohold~ •. individuals arn assignod a~Jricultural land hy ttw Stato without tho collnclion of land use levi()s shall be detonninod r1ccord1ng to land prices so\ by the provincial/municipal People's Committees without subtracting thu land use right valur,1 for tl10 duration whrm tho land was used; b) Tim land usrcJ ri9ht value for otl 1nr cases than thosu proscriL1od at Point a of !hi:; Clausn shall btJ nwoed upon by 111u pnrtius ori~111rwrl i11 tliu socured transaction. 6. The registration requesters, tho rnquoslcns for informalion on secured transactions of land uso ri(Jhtr; must pay charges and foes according to law provisions. A1ticle 65.- Handling of the rights to use the➔ land being fe-ased, rnortga~Jed, provided as guarantee➔, contributed as capital whEm Irie State rncovers land 1. For land being leased, mortgaged, provkfod as guarantee or contributed as capital, which is recovered by the State under the provisions of Clause 1, Article 38 of the Land Law, the land lease contracts, the contracts on mortgage of, provision of guarantee or contribution of capital with, the land use rigt1ts shall terminate. The land lessees, the mortgagees, the guarantees or the contributed capital receivers shall be compensated according to civil law provisions by the persons whose land was recovered. 2. For land being leased or contributed with land use rights as capital without formulating new legal persons but falling into tho cases of land recovery as prescribed in Clauses 3, 4, 9, 11 and 12 of Article 38 of the Land Law, !he land lease contracts, the contracts on capital contribution with the land use rights shall terminate and the land recovery shall be carried out under the following regulations: a) Where the land lessors or capilal contributors with the land uso rights commit acts of violating land legislalion, the State shall rncover the land. Tile land lessors or the capital contributors with tt1e land usG rights must pay damages to the land lessees, the receivers of capital contributed with the land uso rights according to civil law provisions; b) Where the land lessees or the receivers o1 capital contributed with tho land use rights commit acts of violating land legislation, the State shall nol recover the land bul recover the land use right value. The land lessees, tho mce)ivors of capitn! contributod with the land use riqhts rnust pay to tho State rnonoy amounts equivalent to the land use right valuc!s calculated at the land prir.o:; set by the provincial/ municipal Poopl()'s Cornrrntteos at the time of money payment and must pay damag~!s to tho land lessors or capital contributors with tho lanrJ use rights according to civil law provisions. 3. For land being mortgaged, provided as guarantee with the land use rights and falling into the cases of land recovery under the provisions of Clauses 3, 4, 9, 11 and 12 of Article 38 of the Land Law, the State st1all recover the land; the contracts on rnor1gage or guaranloG with the land use rights shall terminate and the repayment of loan:, shall be handled according to the following regulations: a) In case of mortgage, the mortgagors musl repay the loans to the mortgagees according to civil law provisions; b) In case of guarantee, the guaranteed must repay the loans to the guarantees according to the signed credit contracts; if the guaranteed is incapable of repaying the loans, the guarantors must repay loans to the guarantees according to civil law provisions. 4. For land being leased, mortgaged, provided as guarantee or capital contribution with the land use rights by land users being individuals without formulating new legal persons and such individuals die without any heirs, the State shall recover the land; the land lease contracts, the mortgage contracts, the guarantee contracts, the contracts on capital contribution wit11 tt1e land use rights shall tmminate and the land use rights shall bo handled as follows: a) In case of land lease, the➔ land lessoes shall be foased land IJY the State for the remaininri duration of the signed land lease contracts; b) In cnse of cnpital contribution with tho land use rights, the contributed capital receivers may continue~ using the land for the remaining duration of the signed capital contribution contracts; c) in ease ol rnort9ago with the land w;n riQht, tho F\mplo's Committeus which havo rirantGd H,e land use riglit cortificate➔ s shall orwmize land w,n right auction in oder to pay loan~ to the rnoItnar1ees accordinq to tho i;i(Jnud 111oll\)a90 cuI1\rn1:b;; ii tlw morlgarJrid land usn righ\ valuo dolorrninnd thn.lU(lh auctions is srnal!ur than loans, tho rnu1tuwJnus cwI only receive tho mo11oy amount~, nquiv,1\u11l 10 lhu mortgagod land wm nyhl valuu; d) In case of guaranloo with tlio land 1Is0 ri(lhls, tt1fJ guaranteed must ropay loans to tlin qriarantees under tho signr➔d cmdil contracts; if thH uuarantoed is incapable of repaying the loans, tho Peoplo'r; Committens wt1ich wanted nw land ww right cr,rtitieates shall organilG land use right atJctiorin for rnpayrne11I of loans to tho guaranteos 1111drn llw signed guarantee c;ontrads; if the guarantoc;d la11d use right value determined through auctions is smaller than the loans, the guarantees can rocoive only money amour\lf, equivalent to nm Qllaranteed land use rigt1t varuo. Article 66.· Floors for transaction of lanu use riflhts, am;ets allixed lo land 1. The transaction floor on I.arid use rig\lts, assots affixed to land are the places where the followinu activities are carried out: a) Recommending p(Hsons who have lliu demands to lmnsfor or to be transfe1rnd, tl10 land use rights, assets affixed to land; b) Recommendin9 persons who llavo 11w demands to ronl, tn lea:~e. su\J1easo tho land usu ri~Jhts, assets aflixud to land; to rnort~Jaun, pmvidu quarantno or contriuuto capital wiH1 tho lattd 11so ri\,Jl1ts, assets allix~,d !o lnnu; c) l-{eco1r1n11HHlin9 places for invcstmrm!, provision o1 inlorrn<'llion on lnnd use pl;mnin!);;, plw1;,, la11d pric;es, leyal :,talus of land 111;1, ri!)hls a11d 111;:iols alfixod to land, othor information 011 land and ;1;;:;nt;; aftixod to land; ri) Or9anizing stlssions o1 trnn:;action on lc111d u:;r; riqhls, asm!lS alfixrid ID \,ind; o) Or~ani;inn a11dio11:; o( lw1d u:,1, riuht:;, u:;:ak; nffixnd to lrn1d al 1oq1H::;t:; h1.rnnms:; wuI:;liut1on 111 tlw cl1J1r1c.1i11:; ,-,l m:il H:;l,..tv busines:.,, prov1sio11 ol :·;(:1vIcf,:, (,\ u,n:;ulbn,~y 1,11 hwl ~11unc-1~Jun1un! n11d 11:i(-), ~~orvic:us 1,n n.:al i:,( d,f!1.' rn 1dio11;; m,1y m1Ja11it:u floors 101 I r,11t;;tr:I 11 ,11s 011 l.i11d w.w riuftts, w;:,ots iJl/ixuu to land Attic/a 67, Marta(Jcment of lri11d i11to1111:il,urt provision :;urvicos 1. \.and i11101m.,Hu11 :,liall ind11d,, in! llrlt1al1ur1 nr·1 ln11d plots, land u;;o 1i1Jl1ts, u;;scl:; nllixud ltJ la11d ,11,cl tho oxrncisu of la11d u:;ors' rinl1l:, :,hall !1() p111 ;Ii• .Iv providud (01· roq,wstors. 2. ·1 lw lrn1d usF, rioht rerJiL1u1i1rn1 ollicns .in, 1111., sola bodioi; permitted lo prnv1dri lu!)R.lly valicl infonrn:1tion on land plots and land 11~;ur:;. :3, The Mi11intry of Natural lluso(HCcls anrl :nvironmorit shall rJuido tho mat1nunmonl ol !and information provision ,;orvir:es. C/1apter VII AGRICULTUHAL I.AND USE: HEGIME Article 68.·· Hegimo on use of ollw1· as1ricult1iral land I. Otiler uuricuHural land pt c;:,(;Tihwl at f'ui, ti c, Clause 4, Articlo 6 of this Docroo :;h:-111 IJo loasnrl IJY the Sta to to hou8<➔holds, indiv1di 1ak,; a:,:-;1w 10d by thi, Stnte without liind w;n levy colluc:lirn1 to l,rnisuhold:,, ir1clividunl~; <lirm:\ly rn1uau1,tl 11, uqrH:ul\1u:li productions 1n c:nrnn1ur1u'..:, wwtls ,11 d1:;\ric! town:,lirp:, whom oxi:;t:., 11w lw 1d; a:;;;iq1wd by 1h11 !•;late witl 1 land use 1£Jvy colluclirm or luw;(-;d tu ocotHJ111i, orgru1iLutio11:; 1n1uauud 111 ag1i1 :11l1111;1I p1rnluc1im1. \born o! li1111l 1:11\\ivah;d wi\l11ir,111ti;I crnp:: ol\Jc•i 11,an land spnr:iuli1nd in Willi-Jr 1i(;u, pu1umlial lto<:', production fornst land may rnciistor to dianqc ti 111 purposos ol usi1 l(J the land into otl Hn 11qric11lt1.1rnl lill 1d, UIH;lrn;nd w1ll1 t:dw111u:, lu1 p1oduct1011 on 01111:t il(JI 1cult111al li.11 HL In c;,1:;,., ,11 c:lhtll\JiPq 1ton, walrn du, lnml to ol11uI •l!Jli,;1111111.il 1;111,J, thu 11,,11,1i:•;:;iu11 ul :1 1:D111pu\1n 11 Sla\u l1udy i:, wq11i1c-d. 2. Duration of assignment or lease of othrn agricultural land is prescribed as follows: a) The land assignment duration for households, individuals shall be fifty (!i0) years: b} The land lease duration tor households, individuals shall not exceed fifty (50) years: c) The land assignment or lease duration for economic organizations shall be the duration determined in projects but shall not exceed the duration prescribed in Clause 3 of Article 67 of the land law. 3. The other agricultural land use duration for cases of changing the use purposes from annual crop land, perennial tree land or production-forest land shall be the land use duration of the land categories before the land use purpose changes. 4. The quotas of other agricultural land assignment to households, individuals shall be calculated in the land assignment quotas prescribed in Clause 4, Article 70 of the Land Law and Article 69 of this Decree. Article 69.-Agricultural land assignment quotas 1. The annual-crop land, aquaculture land, salt making land assignment quotas tor each household or individual shall not exceed three (3} hectares for each land category for the provinces and centrally run cities in the Eastern South Vietnam and the or individuals may continue using such land; if it is the land assigned without the collection of land usfl levies, it may be calculated into the agricultural land assignment quotas of each household or individual. The district-Jew/ Sections of Natural Resources and Environment which have assigned agricultural land without the collection of land use levies to households, individuals shall send notices to the People's Committees of the communes, wards or townships where such households or individuals register their permanent residence registration for calculation of agricultural land assignment quotas. 4. The provincial/ municipal People's Committees shall prescribe th.e quotas of assignment of unused land, bare hill and mountain land, unused water surface land to households, ind\viduals for putting to use under plannings, which, however, must not exceed the land assignment quotas prescribed in Clause 5, Article 70 of the Land Law. 5. Agricultural land areas of households, individuals, which have been acquired due to transfer, lease, sublease, bequeathal, donation ot land use right, reception of capital contribution with the land use rights from other persons, land contracted or leased by the State shall not be calculated into agricultural land assignment quotas prescribed in Clauses 1 and 2 of this Article. Mekong river delta region; and shall no! exceed two Article 70.- Assignment of land for agricultural (2) hectares for each land category for other production, forestry, aquaculture, salt making to provinces and centrally run cities. l1ouseholds, individuals 2. The assignment quotas of annual-crop land, 1. Households, individuals that had been assigned perennial-tree land, forest land, aquaculture land, agricultural land before July 1, 2004 may continue salt-making land in buffer zones of special-use lo rests using the land for the remaining land assignment for each household or individual shall comply with duration. the provisions of Article 70 of the Land Law and 2. For localities where land has not been assigned Clause 1 of this Article. for agricultural production, forestry, aquaculture, salt 3. For agricultural land areas being currently usod makinrJ to households, individuals according to tho by households, individuals, which are located outside provisions of land legislation, the l:,eop\e's the commlmes, wards or dhtrict townships ol \heir Commitl(WS of communes, wards or townships permanent residonce rogistmtion, such housuholcls wilern nxists the land shall draw up sche➔mes proposing the People's Commit\ees of rural districts, urban districts, provincial capitals or towns to assign agricultural land to household members living mainly on agricultural production, forestry, aquaculture, salt making and perrnanently residing in the localities, inclµding people who are performing the military service obligations. The commune, ward, township People's Committees shall consider and include in the schemes or. land assigr.mer.t to housorioltis, individuals having demands to use agricultur1;1I lar.d for production the following subjects: a) Persons with main subsistence sources corning \rem agr\cul\ura\ pmduc1.ion, forestry, aquaculture and/or salt making, who are certified by commune, ward or district township People's Committees as permanent residents in the localities but having not vet \\ad their permanent rns\dence registrat·1on; b) Households and individuals, that were previously engaged in non-agricultural production and business lines and have had permanent residence registration in the localities but are now unemployed; c) State officials and employees, workers and army men, who leave their jobs due to working capacity loss or to production reorganization, staff streamlining, enjoy lump-sum allowances or allowances for several years and return to reside in tho locali!ies; d) Children ol Slate officials or employees, public servants, workers living in the localities, who reach the working ages but haven't got Jobs. 3. The assignment ol 1and Im agr\cul\ura\ production, forestry, aquaculture, salt maldng to housel1olds, ind·1viduals shall be carried out under the following principles: a) Boosting production development and rural stability on the bm,is of the current situation; b) f~ight subjects, fairnoss and avoidanct1 of IHI 1d field division. Article 71.·· Settlement of cases oJ excessive assignment at agriculturnl land Basing themselves on the agricultural lar,d assignment quotas prescribed in Article 70 at the Land Law and the provisions of Article 69 of this Decree, the commune, ward or township People's Committees shall revise and list the households and individuals with agricultural land areas assigned in excess of the prescribed quotas and report thereon to the People's Committees of rural districts, urban districts, provincial capitals or towns for land lease according to the following regulations: 1. Households using agricultural land areas assigned in excess of the prescribed quotas before January 1, 1999 shall be allowed to contir.ue using such land for a duration being equal to half of the land assignment duration prescribed in Clause 1, Article 67 of the Land Law, then shi!t to lease the land. 2. Households using agricultural land areas assigr.ed in excess of the prescribed quotas between January 1, 1999 and before July 1, 2004 and having already shifted to lease land shall be allowed to continue leasing such land tor the remaining duration of the land lease terms inscribed in the land 1eas0 contracts; in cases where they have not yet shifted to lease land, they must shilt to lease land as from July 1, 2004 and the land lease term shall be the remaining duration of such land assignrnent duratJon. 3. Individuals using agricultural !and areas assigned in excess of the prescribed quotas before July 1, 2004 must shift to lease land as ~mm J\.1\v 1, 2004; the land lease term shall be the remaining duration ol such land assignment duration. Arlicle 12.- Use of protective forest land, special use forest land 1. Protective forest·-managing organizations, special-use forest·•tllanaging organizations shall be assigned land by the State without the collection of land US8 leviris for fomr,t management, protection, zoning off for re~Jorwration or forestation u11dnr U-m lancJ. wm plannings or plc1ns already approvml liy cornpetont State tJodios. TilEJ protectivD foresHnunaging organization!; and special-uso forest-•man,-,ging organizatiorn; shall contract protoctivo-fornr;t land or spnc/al-use furnsl land forlorost protection, zuning off tor regonnratio11 accordi11g to tile Govern1nimt's mgulations. ;..>. The protoetive forest-managing organizalio11:--; and 11w specbhJ:W forest- managiny organizations shall hnve the following rights and obligations: a) The rights and obligations prescribed in Articles 105 and 107 of the Land Law; l)) To use land in combination with other purposes according to law provisions on forest protection and deve!oprmmt. 3. Organizations, households and individuals, that am assiyned protective forest land in areas wherr,l the protective forest-managing organizations are not yet available and land planned for protective forest planting for forest protection and development shall have the rights and obligations prescribed in Clauso 2 o! this Article. 4. Organizations, houseilolds and individuals, tilat am assigned or leased land in buffer zones o! special· use forests ior use for the purposes of forestry production, rosoarcll, oxporimont or tor usn in combirnition with defense, sncurity accordinq to lhv rng11lations rn1 protection and dovuloprrnmt of forests of bu1for zones, shall ~iave th<.i rigrits and obliqntions proscribed in Clause 2 ol thii, Article. b. Population r::ommunitins which am a,;siwwd by Hw Stain protectivu forn!-lt, according to tho provisions of the Law on l·'mest F'rnlciction and Dovi~loprnent, shall be assigned protective-fore!.,[ land forlornst protoction a11d d(Nnlopment; and hnvH Um riqhts and obligations n,; providod for by tho l.nw 011 Forns1 f'rotedion w1d !Jc-N(·doprnent. Atticlr. 7:J •.. Con(iading ol land user1 fut pu1pm,c),; ol aqrn;ullural production, lorestry, aqu,1culture, salt n1nkinu in Slato nn1erprisos Tho conlractinn of land uned for purposos of agricultun,I production, forestry, aquaculture, salt rnal<:ing is stipulated as follows: I. The contracting parties shall be State ontnrpris(~S assigned or leased agricultural land by tho Stale for uso for purposes of agricultural production, forestry, aquaculture and/or salt making. 2. Tt10 contractod parties shall be organizations, households and individuals, that are contracted land for tho purposer; of agricultural production, 1ornstry, aquaculture and/or salt making. 3. Tl1e rights and obligations of the contracting parties and the contracted parties shall comply with the Government's regulations. Atticle 74.-Agricultural land used for public-utility purposes of communes, wards or district townships 1. The agricultural land funds used for public-utility purposes of communes, wards or townships shall be used !or tho following purposes: a) Construction of public facilities of communes, wards or townships, including cultural works, physical training, sport, entertainment, public recreation, medical, educational works, marketplaces, cemeteries, graveyards and ott1or public works as provided tor by tho provincial/municipal People's CornmitlErns; ti) Cornponsation to persons who possoss land used for construc:tion of public work}, prescribed at f'oint a of this Clause; c) Construction of walitude l1ou:,es. 2. r=or land morn; not yr~t usfJd for tho purposes uo!inod in Clause 1 of this Article, tl10 commune, ward or township F'noplo's Committees shall lease thorn lo huusnliolch ancl individuals in the localities for nnricullural pror.ludion, aqunculturu in form of auction for conl mets. ·1 ho land uso duration lor each lun:,e :,ilall nol nx<:cwd fivc-i (b) yo,m; Article 75.- Land used for farm economy 1. Land used for farm economy of housol1olds, individua(s, as provided for in Article 82 o( tho Land / aw shall include: a) Land for cultivation ol annual crops, perennial trees, production forest land, aquaculture land, salt making land, land ior construction of cattle, poultry and other law-perrnitted animal shelters and farms; land for construction of greenhouses and othertypes of house in service of cultivation including forms of cultivation not directly on land; plant nursery and animal breeding land; b) Land for construction of intra-farm passag0s, canals and ditches; c) Land for construction of establishments tor animal feeds processing, agricultural, forest,y, fishery, salt product procossing; land for construction of drying yards, storehouses; land tor construction of service establishmEmts in direct service of agricultural production, forestry, aquaculture, salt making; land for construction of lodging houses for laborers and farm guards. 2. Households and individuals using land for farm economy must use land for the right set purposes; in case of changing the purposes of using assorted land, they must work out schemes on production and/ or business in association with land use and submit them to the People's Committees of rural districts, urban districts, provincial capitals or towns for consideration and approval, must register the land use purpose changes and pay land use levies according to law provisions. Article 76.- Agricultural land used by population communities 1. Ethnic minority population communities that ar-e using agricultural land in accordance with their customs and practices shall be allowed to continue using the land. 2. Ethnic minority population comrnurritinr; wishing !o use agricu!tuml )and for the conserva!'ion of thffir respcc1ctivG ethnic traits shall be considered /or Ian, assi9nment without land use lovy collection b· People's Committees of rural districts, urban districts provincial capitals or towns. 3. The agricultural land assignment duration shai comply with the provisions of Clause 1, Article 67 o the Land Law. 4. The agricultural land-using populatior communities defined in Clauses 1 and 2 of this Anidc shall be granted the land use right certificates. 5. Ethnic minority population communities usinr agricultural land shall have to protect the assignee land, may use the land for agricullural production ir combination with forestry, aquaculture; and must noI use such land 1or other purposes. Article 77.- Land with inland water surfaces covering areas of many provinces, centrally-run cities 1 . Ministry of Fisheries shall decide to set up the Management Boards for management and exploitation of lakes, lagoons co\Jering areas ol many provinces, centrally-run cities. 2. The provincial/municipal People's Comm'it\ees shall decide on assignment of land with lake, lagoon water sur1aces in their respective localities \o the Management Boards. 3. The Management Boards may contract the water surfaces to economic organizations, households and indivlduals for use for aquaculture, exploitation of aquatic resources or in combination with ecological tourism. 4. Persons using water surfaces for aquaculture and aquatic resource exploitation must protect the environment and landscapes. Chapter VJJJ NON-AGRICULTURAL LAND USE REGIME Article 78.- Other non-a9ricultural land use duration Tho duration for use ot other non-agricultural land defir1ed at Point f, Cli.luse S, /\rticl,~ G of this Docrou is stipulated as follows: 1. The lonq-torrn stable use duration for tho following casos: a) Land where exist worshiping works, museums, consrnvatories, art works display houses, cultural and art creation ostablishrrn~nts and other private non business constructions and those works are not affimd to residential land; b) Land pmscribed at Point b, Clause 2 of this Article, which is assigned by the State to public non business units. 2. The duration prescribed at Clause 3, Article 67 of the Land Law shall apply to the following cases: a) Land for construction of makeshifts, huts and camps for rural farm laborers; b) Land for construction of greenhouses and houses of other types in service of cultivation including forms o1 cultivation not directly on land, construction of cattle, poultry and other law-permitted animal shelters and farms, construction of agricultural, forestry, fishery research stations, construction of plant nurseries and animal breeding establishments, construction of warehouses and/or depots of farm products, plant protection drugs, fertilizers, machine,y, production tools in rural areas other than the land assigned to public non-business units. Article 79.- Quotas of msidential land assignod to households, individuals The quotas of residential land assigned to households, individuals, prescribed in Clause 2, Ariiclo 83 and Clause 5, Artit;ln 84 o1 tho L.and Law shall apply only when tho State assigns residential land to households and individuals as from ,July 1, 2004 and the cases where the State grants the land use right certificates, prescribod in Clause 5, Artide B7 of the Land Law. Article 80.·· Fl.esidm1tial land witl1 gart1ons, ponds and arJricultural land with nardnns, ponds in porulation mens I, l'emons who usr1 land where exist gardens, ponds, falling into tlw cases proscribed in Clause 5, Artidc Bl of the Land l ... aw, when being grantod the land uso ri[Jht ccrtificalt,s, must pay the land use lovios as providerl for in Clause 6, Article 50 of the Land Law for the land a mas drAermined as residential land. 2. For land areas Hxceeding the acreages determined as residHntial land under the quotas prescribed in Clauses 4 and 5, Article 87 of the Land Law, on which dwelling houses have been built, the areas exceeding tlrn prescribed quotas shall be determined as residential land and subject to land use levy payment, and issued the land use right certificates. 3. Where residential-land users have been granted the certificates of the rights to use land or residential land already determined under the provisions of Article 87 of the Land Law and wish to expand their residential land areas, they must ask for permission to change land use purposes and pay land use levies, except for the case prescribed of Clause 1, Article 45 of this Decree. In case of expanding the residential land areas in urban population quarters, apart from the application for permission to change land use purposes and payment of land use levies, such expansion must also be compliant with the provisions ot Clause 5 of this Article. 4. After the residential land areas are determined under the provisions of Clauses 1, 2 and 3 of this Article, the romaining land areas shall be determined according to the present land use situation. ~J. Basing thr~rnselves on the approved urban construction plannings, the rrovincial/municipal People's Committees shall prescribe the land areas permitted for construction of dwelling housc➔s on the la11d plots whem c1xist nardens, ponds in compatibility with urban landscape. l",orsons w;in9 aoricultural land with gardens, ponds for Gorn,truction of dwolling houses mw:t apply for permission to cl1a11uo tho land w;c, purpwwi; and pay tho land use lovios. The r~eoplo's Commillons of ruml cjis11icb, urban districts, provincial capitals or towns sliall ba::o on the urban construGtion plannings or I·.1ral population quarter construction plannings, the portions of land areas pormi!tod for construction of dw[illin\J houses as provided for in this Clause and thfl prac:tical dornands of land users to consider and pormit 1he land use purpose changes. 6. Agricultural land with gardens, ponds in population quarters, prescribed in Clause 4 of this Article constitutes sources of supplement for residential land. Article 81.- Land with projects on construction of dwelling houses for sale, which are executed by overseas Vietnamese, foreign organizations, foreigners 1. Purchasers of dwelling houses associated with the right to use residential land under investment projects on construction of dwelling houses for sale, which are executed by overseas Vietnarnese, foreign organizations or foreigners shall be granted the long term stable land use right certificates. 2. The investors shall pay to the State the differences between the land use levies and the land rents already paid to the Stato according to the following regulations: a) The land Uf,o lovies are calculated at tht~ land prices set by the provincial/ municipal People's Committees at the time of payment of the differences; b) For villas, the difforence amounts must be paid at the time of sellinu the houses; c) For condominiums, tt10 differeric(i amounts must be paid at the time of project cornpletion at the latest. Article 82.- Land usmJ for urban rnnovation, development and rural population quartm:; 1. lhe land arow; to trn recovorod /01 urllan runovat ion or development and nHal populatio,, qtI,11tr➔ r::; 11111st bo reflActed in tho 1.fotailr➔d land w:,1 plmrnin;.Js, detailed land use plans, must b,; spoci/ically determined and publicized at 1hu population quarters whore land shall be recoverud at the time and within the time limit for announcerner l of the dotailecJ land use plannings, prescribed iri Articlo 27 of this Decree. For tho plannings on expansion or constructior, of urban traffic roads and rural population quarters the land arnas used for road construction and th1, land aroas along road sides, which shall be recoveretf for land fund exploitation, landscape creation an( r environmental protection. 2. For the land areas to be recoverod for executior i of plannIngs on urban renovation or development, rural population quarters but the recovery decisiom: have not yet been issued, the current land users rnal' continue using such land for the right set purposc~s, must not cliange the land use purposes and must not build new works or expand the existing ones; in cases where they have the demands for repairs, they must strictly abide by the law provisions on construction regarding the planned areas. Article 83.- Land used for defense, security purposes 1. Land used for defense, security purposes i~ the land of categories specified at fJoints a, b, c, d, e, f, y, h, i and j, Clause 1, ArtiGlo 89 of the Land Law and land in the areas exclusively assigned by the Governrnent to the Ministry of Defense or tho Ministry of Public Security for management, protection and USG. 2. The land wt1ich is managed and/or usnc:J by peoplo's armed force units but does not belong to the land catr3gories prescribed in Clause 1 of this Article shall not be classifind as land usod tordofc,nse or security purposes. 3. Tim dofnm,r➔ or sHcurity land w;ers me dofinc.,d as follows: a) Units attached to tho Ministry of Defense or the Ministry of Public Security shall be the land INJrs with regard to land where the units are stationed, except for the case prescribed at Point c of this Clause; land used as military bases; land for construction of national defensive works, battle fields and special defense or security works; official--duty building of the people's armed forces; land in the areas exclusively assigned by the Government to the Ministry of Defense or the Ministry of Public Security for management, protection and use; b) Direct land-using units are land users with regard to land used for construction of military stations or ports; land used for construction of industrial, scientific and technological works in direct service of defense or seGurity; land used for construction of storehouses of the people' armed forces; land used as shooting fields, drill fields, weapon-testing grounds, weapon-destroying grounds; land used for construction of schools, hospitals, sanatoriums of the people's armed forces; land used for construction of detention camps, education camps, reformatories, which are managed by the Ministry of Defense or the Ministry of Public Security; c) The Military Commands of the provinces or centrally run cities; the Military Commands of rural districts, urban districts, provincial capitals or towns; the Police Departments of the provinces or centrally run cities; the Police Offices of the rural districts, urban districts, provincial capitals or towns; the Police Offices of wards, townships, the border posts shall be the land users with regard to the land used for construction of their working offices. 4. Land used for defense or security purpose:; must be used for the right set purposes. For land areas left unused or used for wrong purposes, the provincial/municipal People's Committees shall notify the land-using units to put tho land to use for tho right purposes; 12 months alter being notified, if tho land-using units fail to addmss Hie situation in ardor to put the land to use for the right purposes, tho provincial/municipal People's Committees shall rncoveI· the land for assignment to other persons tor USO. 5. In case of changing the use purposes within tile defense or security land according to the approved plannings, plans on the use of land for defense or security purposes, the land-using units must file their applications for land uso purpose changes at the provincial/municipal Services of Natural Resources and Environment, enclosed with the written comments of the Ministry of Defense or the Ministry of Public Security. 6. Land which is being used by people's armed force units but is not covered by the approved plannings on land use for defense or security purposes must be handed over to localities for management. For the land areas used by families of officers or combatants of people's armed force units for construction of dwelling houses in conformity with the approved land use plannings or plans, the residential land users shall be granted the land use right certificates and must fulfill the financial obligations according to law provisions. For the land used for the purposes of non agricultural production and/or business, it must be used by defense or security enterprises and must be shifted to form of land assignment with the collection of land use levies according to production and/or business plans already approved by the Ministry of Defense or the Ministry of Public Security; the land use purposes and durations must be (fatermined in the production and/or business plans; the defense or security enterprises shall be granted the land use right certificates. 7. The competent State agencies shall definitely settle the disputnd land areas for deterrninatfon of the land users. Article 84.- Industrial park land 1. For industrial parks established on the land whic:h w,% µreviously assigned or leasmJ by lhn Stain lor production and/or business, the lancJ ui;um rnay opt Im the~ followi11g use forrns: a) Continuing to mtain the form of land assinnrnrmt or land /ease by the State; economic; organizations, overseas Vietnamese, that t1ave been luasod /w1d by the suite, may shift to form of land assignrno11t with the colloGlion of land use levies if they so wish; b) Subleasing land from enterprises, whiGt1 have invested in tho industrial park infrastruc1Urn construction and business. The land usr~ levy amoun\s or the \am1 ren\s pa\tl in atlvnnce \o \ho State by land users shall be calculated into the money amounts payable to the State by the enterprises investing in the industrial park infrastructLJre construction and business and subtracted from the land rents, rentals of industrial park infrastructures of investors in industrial park infrastrucltJre constructfon and business according to their mutual agreement. 2. Persons having !he need to use land in industrial parks may be trans(erred the land use rights, leased or subleased industrial park land o! enterprises which invest in industrial park infrastructure construction and business according to tho following regulations: a) Economic organizations, households and indlvlduals may be tmnsfom:d the rights to u<;;n \and or lease land of onterprises which have invostod in industrial park infrastructure construction and business and been assigned land by !he Stato with tho collection of land use lc1vies; b) Oversoas Vietnamese, fomign organizations, fomignors may lease land of onterprises which havo investod in industrial park infrastnJcturn construct ion and business and beon assigned land by tho Stain with the collection of land use levies; c) ["conornic orqanizations, houirnho/,fo, individuals, ovorsoas Viotnamuse, foroign organizations, forniw1ers may subloa~;o land of entorprises which havo invostod in industrial pnrk i11fraslructuru construc;tion and hu:;iness and boer· leasud land by the Stal(,. 3. People havinq tho need to u:;c: lancl in industria' purks invested with capital frorn the State budoo' sources shall bn assiuned land by tho State with the collection of la11d uso levies or be leased lane according to the followin9 regulations: a) Economic organizations, households individuals, overseas ViDtnameso shall be Rssi9mw land by the State with the collection of land use levioi or be leased land; b) Foreign organizations, 1ord~Jrmrs shall tJ( leased land by the State. 4. Users of industrial park land, including the casr of land sublease, shall be granted the land use rigt1: certificates. 5. "The ·1ndustr·1al park land use dura\"1011 shal comply with the investment project duration alread~ approved by competent State agencies. Where the investment project duration is longt-!I than the remaining industrial park land use duration the enter~rises whlch in'-lest in industrial 11arl, infrastructure construction and businm;s must apply for competent State agencies' perrnission to adju:;1 tt1e land use duration properly but tile total land ust1 duration shall not exceed seventy (70) years and must pay land use levies or land rents for tho land areas pormitted for extension of use duration. 6. When elaborating dotailecl plannings ot' construction of industrial parks, the provincial! municipal Poop/e's Comrnittees s/Ja/1 base on the prnsent conditions of population quarters in the \oca\i\ios, \he housing tlemancls n\ laborers wm\\ \) in industrial par·ks to arrange land funds for condominiurns, cultural, social or service works outside the industrial parks in service of the daily life of laborers wor•king in the industrial parks in conformity with the local general p!nnnings. Article 85.- Hi-tc~ch park land 1. Tho hi loch park rnananomont boards sl iall formulate the general detailed land use plannings, the general detailed land use plans for the entire hi tech parks and submit them to the provincial/ municipal People's Committees of the localiti0s where exists the land for consideration and approval. The provincial/municipal People's Committees shall assign land once to hi-tech park management boards for hi-tech park construction and development according to the approved plannings. The hi-tech park management boards may re-assign land in form of land assignment without the collection of land use levies, land assignment with the collection of land use levies or land lease according to the provisions of Clause 2 of this Article. 2. The hi-tech park management boards shall re assign or lease land according to the following regulations: a) Assigning land without the collection of land use levies, for organizations, individuals, overseas Vietnamese; leasing land with the exemption of land rent payment, tor foreign organizations or foreigners using hi-tech park land for construction of the common technical infrastructures of the hi-tech parks; for construction of training areas, hi-tech research and development areas; construction of hi-tech enterprise nurseries in order to provide support for activities of research, trial production, formulaUon of enterprises manufacturing hi-tech products. Persons assigned land without the collection of land use levies, land lessees exempt from land rent payment are entitled to sell, lease, mortgage, provide guarantee or contribute capital with assets invested on land; must not transfer, lease or sublease, mortgage, provide guarantee or contribute capital with the land use rights; b) Assigning land with the collection of land use levies or leasing land, for organizations, individuals, overseas Vietnamese; leasing land, for foreign organizations, foreigners for business-construction of hi-tech park infrastructures, workshops, establishments providing hi-tech services, manufacturing anc1 trading in hi-tech produc;ts, welfare services, com;truction of dwelling houses:for rent. 3. Hi-tecl1 park land users may be transferred the land use rights, leased land, subleased land by hi· tech park development enterprises or infrastructure development enterprises according to the following regulations: a) Where hi-tech park development enterprises or infrastructure development enterprises are assigned land with land use levy collection, the economic organizations, individuals, overseas Vietnamese may be transferred the land use rights, leased land; foreign organizations, foreign individuals may be leased land; b) Where hi-tech park development enterprises or infrastructure development enterprises are leased land by hi-tech park management boards, persons having the demands to use land in hi-tech parks may sublease land of hi-tech park development enterprises or infrastructure development enterprises. 4. Hi-tech park land users must use the land for the right purposes inscribed in the land assignment decisions or land lease contracts. 5. Organizations and individuals, that are re assigned or leased land by hi-tech park management boards for investment in the construction of dwelling houses, shall only have the right to lease the constructed dwelling houses. Article 86,- Economic zone land 1. The economic zone management boards shall elaborate detailed land use plannings, detailed land use plans as provided for in Clause 8, Article 15 of this Decree, which must dearly determine the land use boundaries between non-tariff areas and tariff areas and submit them to the provincial/municipal People's Committees of the localities where exists tl1e land for consideration and approval. After the economic; zones' detailed land use plannings or detailed land use plans are approved, the provincial/municipal ~1 rwple's Committees shall direct the recovery of land areas plantH-Jd for construction ol non-1ariff areas and industrial parks in the tariff areas; recover land under tho approved detailed land use plans with regard to the remaining land areas in the tariff areas. 2. The provincial/municipal People's Committees shall assign land to economic zone management boards for construction of economic zones according to the following regulations: a) Assigning land once to economic zone management boards for construction of non-tariff areas; industrial parks in tariff areas of the economic zones; b) Assigning land under the approved detailed land use plans of economic zones for the to be recovered remaining land acreages of the tariff areas. 3. The economic zone management boards shall have effect the compensations and ground clearance for !he land areas recovered by competent State bodies for assign men! to !hem before re-assignment or lease of land. The economic zone management boards may assign land with the collection of land use levies, assign land without the collection of land use levies or lease land to persons having the demand to use land according to the provlsions of land legislation. The duration of land use for production and/or business in economic zones shall not exceed seventy (70) years. 4. The economic zone management boards shall decide on the land use levy levels, land rents, land use levy or land rent exemption or reduction levels according to each project in order to ensure investment promotion on the basis of land prices decided by provincial/municipal People's Committees, for cases of land ro-assignmont, land lease without going through land use right auction or biddings for projoG!s involving land use. 5. Economic zone land usors may invrn;t i11 the commnrcial construction of dwelling houses, inlrastruc:tur1:J, rnay conduct production, business, sorvicH activities and have the rights anrJ obligations corresponding to lorm of land assignment or land lease under the provisions of land legislation. 6. The economic zone management boards shall perform the task of formulating detailed land use plannings, detailed land use plans, re-assign or lease the recoverod land; other tasks on management of land in economic zones, performed by administrative agencies of all levels according to the provisions of land legislation. Article 87.- Land for execution of build-transfer (BT) projects and build-operate-transfer (BOT) projects 1. The State shall assign the investors for management the land areas for execution of build transfer (BT) projects; the investors shall not have to pay land use levies or land rents during tlrn construction of works under the approved projects and have to preserve the land areas assigned for management and use for the right purposes inscribed in the projects. The project transfer time limit must strictly comply with the tirne limits inscribed in the investment projects already considered and approved by competent State bodies or the time limit permitted by competent State agencies for extension. Where past the transfer time limit the investors still fail tc transfer the projects, they must rent land of the State and the land lease time shall be counted from the time of ending the duration of construction of work!: under the approved projects. 2. The State shall assign land or lease land to investors for execution of build-operate-transfer (BOT) projects; the investors shall nnjoy land uso levy or land rent exemption or redur.:tion according to the Government's regulations. 3. Persons being transferred tho works for uso and (-lxploitation sl1all be assigned or lc-iased land or assiqncKI for management the land aroas where exist such works under the provisions of land legislation. Article 88.· Land of small i11duslrial clusters, Galt villages 1. Ttie People's Committees of rural districts, urban districts, provincial capitals or towns shall direct the elaboration of, and consider and approve detailed land use plannings or plans together with plannings on construction of rural populAtion quarters, small industrial clusters and/or craft villages in conformity with production developmnnt and environmental protection requirements. 2. Land in traditional craft villages strall be prioritized for use for purposes of expanding non ag ricu I tu ra I production and/or business establisllments and waste treatment establishments; the land use purpose changes, if any, must be permitted by the People's Committees of rural districts, urban districts, provincial capitals or towns, the land users shall enjoy land use levy exemption or reduction according to the Government's regulations. 3. The regime of using land in small industrial clusters shall be the same as the regime of using land in industrial parks, provided for in Article 90 of the Land Law and Article 84 of this Decree. Article 89.- Land used for mineral activities 1. Organizations and individuals licensed to explore and/or exploit minerals shall be leased land by the State; where the mineral nxploration does not affect the land use or the mineral exploitation does not affect the surface soil layers or does not affect land surface, they shall not have to leaso land. 2. Organizations and individuals wishing to urw land as ground for mineral processing may opt for the form of land assignment by the State with the collection of land use levies or land lease; being transferred tho land uso riiJhts or land lease by other economic organizations, households or individuals. 3. Thn F'eoplo's Conmrittens of the lovols competm1l lo lease land and to licc~nse the mirnmtl (·)Xploration and/or oxploitation shall ~Jranl licenses i;imultarioously witt1 decisions on the land lease. In easer, whom F'eople's Cornmitteos arn cornpEitont to loaso land but not competent to license, tho minornl exploration and/or exploitation, the decisions on land lease shall be made after the persons wishing to use land havn boon already licem;ed to explore and/or exploit minerals. 4. Persons using land for minnral activities must apply measures to protect the environment, treat wastos and other measures so as not to caus(➔ damage to land usors in the regions and vicinities; upon 1110 completion of mineral exploration and/or exploitation, the land users shall have to return the land in the state prescribed in the land lease contracts. Article 90. - Land used for exploitation of raw materials for production of bricks, tiles, pottery articles 1. Uncultivated hilly land, mounds, waste land stretches, land in the beds of rivers, ponds or lakes which need to be dredged, riparian land, land by canal banks not used for agricultural production, land of unused levees, thrown-away earth from field improvement must be made full use of for exploitation of raw materials for production of bricks, tiles, pottery artic.:les. 2. It is strictly forbidden to exploit land of the following categories for use as raw materials for production of bricks, tiles, pottery aiiicles: a) Land with historical-cultural rnlics, sce11ic places, which have been classified or protected under decisions of provincial/municipal People's Committees; b) Land lyin9 within works safety proltictlon corridors. 3. Grounds for competent State agencies to decide on lease of land for exploitation of raw rnatorials for production ol bricks, tiles or pottery artid(JS shall includu: a) Trm business roqistration papers !or production of bricks, tiles or potlery articles or licensr➔s for invnstment in the production o/ b1•icks, tiles or pollnry articles, granted by competent Stato agoncins; b) Land use demands compatible with investment projects or production capacity of establishments manufacturing bricks, tiles or pottery articles; c) The approved land use plannings, plans. 4. In the courscJ of using land for exploitation of raw materials for production of bricks, tiles or pottery articles, the land users must apply appropriate technological measures to rationally exploit and economically use land; apply necessary measures so as not to cause damage to production and life of nearby land users and not adversely affect tho environment. Article 91.- Land used for public purposes 1. Persons using land for construction of public works for business purposes shall be assigned land by the State with the collection of land use levies or leased land, be entitled to land use levy or land rent exemption or reduction according to the Government's regulations. 2. Persons using land for construction of public works for non-business purposes shall be assigned land by the State without the collection of land use levies. 3. The State shall assign land for management without granting the land use right certificates in the following cases: a) Land for construction of traffic works, bridges, sluices, pavements, ferries; water supply systems, water drainage systems, irrigation work, dike and dam systems; public squares, monuments, memorials; b) Land used for public purposes, assigned to commune, ward, township People's Committees for management. 4. For cases of using land for purposes of building public works not pmseribed in Clause '.1 of this Article, the land users shall be granted the land use right cortificales. Article 92.- L.and for com,truction uf publiG worki. with safety protection corridors 1. For land of public work safety protection cu rrido rs al ready decided by competent Statf, agencies, of which the surface is not used by such works, tho land shall only be rented during tt1c construction of the works. 2. Based on tho regulations on work protection corridor scope, promulgated by competent Stat€, agencies, the organizations direclly managing tlw works with safety protection corridors shall have le assume the prime responsibility for, and coordinatE with the People's Committees of the localities where exist the works in, elaborating plans on implanting boundary markers identifying the specific safety protection corridors and submit them to the provincial/ municipal People's Committees of the localities where exist the works for approval; and at the same time notify the People's Committees at various levels in localities where exfst the works thereof for coordination in protection of the work safety corridor. 3. Within thirty (30) working days as from the date the provincial/municipal People's Committees approve the plans on implanting boundary markers to determine the safety protection corridors, tho organizations directly managing the works with safety protection corridors shall have to assume thu prime responsibility for, and coordinate with the People's Committees of rural districts, urban districts, provincial capitals or towns, the People's Committees of the communes, wards or townships, where exist the works, in, publicizing the boundaries of work safety protection corridors and implantin9 boundary markers on the field, handing over boundary markers to the People's Committees of communes, wards or townships where exist the works for management. 4. The organizations directly manaqil1u works with safety protection corridors shall havr; to assume the prime responsibility /or, and coorclinato with the commu1w, ward or towns~1ip People's Comrnitteei; and the Natural Resources and Environmont Sections of the localities where exist the works in, revising tho current land use situation within the work safety protection corridors in order to propose competent State agencios to settle according to the following regulations: a) In cases where the \and use affects lhe works safety protection or whl'lre the works' operations directly affect \he lives and health of land users, the agencies functioning to perform the State management over the works shall appraise the impact extents and if the land must be recovered, propose the competent People's Committees to decide to recover such land. Persons having land recovered shall be compensated, and supported with land and assets affixed to land, which had existed before the publicization of work safety corridors according to law provisions. In cases where the land use affects the work salety protection, the work owners and land users must apply remedial measures. The work owners must take responsibility for such remedy; if it cannot be remedied, the State shall recover the land and the persons having their land recovered shall be compensated, supported and resettled according to !aw provisions; b) Where the land use is not prescribed at Point a of this Clause, the current land users may continue using the land for the right set purposes and rnust comply with the regulations on work safety protection; c) Land in the work safety corridors shall be issuod the land use right certificates according to tho provisions of Articles 44, 45, 46, 47, 48, 49, 50, 51, 52, 53, 54 and 55 of this Decree, except for case of relocation or recovery with the decisions thereon having been already issued. The land use right certificate grantees may only use land according to the provisions at Point b o1 this Clause. ~- Agencios or organizations directly rna11a~Jinu works with safety protection corridors shall take ttm prirrm rosponsibility !or the work safety protection. Whoro the work safety protoclion corric1ors are iliH[Jc!lly encroached upon, occupied or usod, they must promptly reporl thereon to, and request the Poople's Committees of communes, wards, district townships, whercJ oxist the work safety protection corridors, to handle such cases. 6. The presidents of the People's Committees at all levels in the localities where exist works with safety protection corridors have the following responsibilities: a) To detect and handle in time cases of iflegafly encroaching upon, occupying and using land areas in the work safety protection corridors; prevent in time the illegal construction of works on work safety protection corridor land; compel the violators to restore the pre-violation status of land; b) To coordinate with agencies or organizations which directly manage the works in propagating and disseminating legislation on work safety protection; coordinate with such agencies or organizations in publicizing boundaries of work safety protection corridors; c) In case of letting the illegal encroachment, occupation or use of land in the work safety protection corridors occur in their localities, the presidents of the People's Committees must jointly bear the responsibility therefor according to law provisions. Article 93.- Land with historical-cultural relics, scenic places 1. Land with historical-cultural relics and/or scenic places, which have been classified or protected under decisions of provincial/municipal Pnople's Committeos, must be strictly mana9ed accordin9 to the following regulations: a) For historical-cultural relics, scenic places directly managed by organizations, households, individuals or population cornmunitirrn, the managers :;tiall tnkn tho prime rospon:,ibility for the rnana[J(1111ont of land on which Hxist the l1istorical cultural relics, scenic places acc:01dino to law provisions on cultural heritages. Where such land is encroached upon or occupied or the relics owners UBG the land not for tho right purposes and in contravention of law, tl1e People's Committees of the communes, wards or townships where exists the land shall have to detGct, prevent and handle such in time; b) For other historical-cultural relics and/or scenic places than those prescribed at Point a of this Clause,. the People's Committees of communes, wards or townships, where exist the historical• cultural relics or scenic places, shalt take the prime responsibility for the management of the areas of land on which exist the historical-cultural relics and/ or scenic places. Where the land is encroached upon, occupied or used not for the right purposes, used in contravention of law, the presidents of the People's Committees of the communes, wards or townships where exist such land shall have to detect, prevent and handle such in time. 2. For historical-cultural relic, scenic place land, which had been encroached upon, occupied or used not for the right purposes before July 1, 2004, the relic owners, the organizations or the commune, ward or township People's Committees, that have been assigned to manage the relics must report thereon to the People's Comrnitteos of rural districts, urban districts, provincial capitals or towns for definite handling. 3. The change of purposes of using historical cultural relic or scenic place land to other purposes must conform to the approved land use plannings or plans and comply with the following regulations: a) For land with historical-cultural relics, scenic places classified by the Ministry of Culturo and Information, before the competent F'eople's Committees decide to permit the land use purpose changes, there mu:;t be written approval of 1110 Minister of Culture and Information: b) For land with historical .. cultural relics, scenic places protected under decisions of provincial/ municipal People's Committees, before the competent People's Committees decide to permit the land use purpose changes, there must be written approval of the presidents of provincial/ municipal People's Committees. Arllcle 94.- Land for construction of cemeteries, graveyards 1. Land arranged for construction of cemeteries or graveyards must be in line with local land use plannings, plans. 2. The provincial/municipal People's Committees shall prescribe criteria and quotas of land used for burial, ensuring thrifty use of land; organize and adopt policies to encourage the funerals of the deceased without using land. 3. 11 is strictly forbidden to build separate cemeteries, graveyards in contravention of the approved land use plannings or plans. Chapter IX MANAGEMENT AND PUTTING OF UNUSED LAND TO USE Arlicle 95.- Management of unused land The F'eople's Committees of all levels shall have to strictly manage the unused land funds and the putting of unused land to use in their respective localities according to the following regulations: 1. When land statistics, inventories are conducted, the unused land shall be divided into three (3) categories, including unused delta land, unused hilly and mountain land and fornstless rock mountain. For each land category, it is necessary to clearly determine the land area not yet put to use by the State but being illegally occupied. 2. Upon land sla1is1i<.:s and invontorins, it is nocnssary to dotmmino the land areas, which have been already assigned, leased, recognized with thn land use rights by the Statca but arr➔ beinn loft uncultivated, for recovery and addition to tho local unused land funds. 3. When !and use plannings are drawn up, it is necessary to clearly determine the funds of unused land to be put to use in that planning period; when land use plans are elaborated, it is necessary to clearly determine the annual tempo of putting unused land to use. Article 96.- Measures of putting unused land to use according to the approved land use plans 1. Assigning without the collection of land use levies unused land in border regions, islands, deep lying, remote, high-land or large but thinly-populated regions to people's armed force units, youth volunteers' units or economic organizations for reclamation and putting of land to use. 2. Assigning without the collection of land use levies unused land lo households or individuals directly engaged in agricultural production in the \oca\\ties, that have not yet been assignee\ land or lack production land in order to improve and use such land for the purposes of agricultural production, forestry, aquaculture, salt making according to the land assignment quotas prescribed in Article 70 of the Land Law and Clause 4, Article 69 of this Decree. In case of excess of the land assignment quotas as provided for in Clause 4, Article 69 of this Decroo, the households or individuals must lease land with regard to the land areas in excess of the prescribed quotas. 3. Leasing unused \and lo households or individuals not directly engaged in agricultural production in the localilies and other localities lor improving and using such land for the purposes of agricultural production, forestry, aquaculture, salt making. 4. A~1signin!) with the collection of land use lovio:; or leasing unused land to economic organizations, oversnas Victnamm,o; leasin~J unused land to foruiun or!"janizntions, fore inners /or execution of investrnent pmjocts on agricultural or non-agricultural production and business. 5. 1 lie State adopts policies for investment in infrastructures in border r<~gions, islands, deep-lying, romote, high-land or large but thinly-populated rngions and regions under difficult natural conditions in order to realize the plans of putting unused land lo use for agricultural production purposes. The Stale adopts policies on land use levy and/or land rent exemption or reduction in cases where unused land is assigned or leased for improvement and putting to use. Article 97.- Self-reclaimed land, unused land being occupied 1. Housel1olds and individuals using agricultural land which has been reclaimed by themselves and conformed with the approved land use plannings, is dispute-free and used efficiently shall have their land use rights recognized by the State for the land areas within the agricultural land assignment quotas prescribed in Clauses 1, 2, 3 and 4, Article 70 of the Land Law; in case of excess of the prescribed quotas; the quotas prescribed in Clause 5, Article 70 of the Land Law and Clause 4, Article 69 of this Decree, shall be added; in case of excess of the added quotas, they must shift to lease land for the land areas exceeding the prescribed quotas. All cases mentioned in this Clause st1all be granted the land use right certificates. 2. For households and individuals using non agricultural land reclaimed by themselves, the land use right recognition and the granting of land use right certilicates shall comply with the provisions of Clauso 6, Article 50 of the land Law. 3. For organizations using agricultural land rnclaimod by themselvcrn, the land use right reconnltion and the granting of land use right untificatm; shall comply with the provisions of Article 4D of this Decme. 4. For organizations using non-agricultural land reclaimed by themselves, the land use right rocognition and 1110 granting of land use right certificates shall comply with the provisions of Articles 51, 52 and 53 of this Decree. 5. Wl1ere unused land is occupied without investment in the improvement thereof for putting to use, the State shall recover the land. Chapter X RIGHTS AND OBLIGATIONS OF LAND USERS Article 98.- The time for land users to exercise their rights 1. The time for land users to exercise the rights to transfer, lease, sublease, inherit or donate their land use rights, to mortgage, provide guarantee or contribute capital with the land use rights under the provisions of land legislation with regard to the land assigned by the State with the collection of land use levies, leased or permitted for land use purpose changes subject to land use levy payment is stipulated as follows: a) Where land users are not allowed to delay the performance of financial obligations or to debit the financial obligations, they may exercise the land users' rights only after they have fulfilled their financial obligations according to law provisions; b) Where land users are permitted by competent State agencies' decisions to delay the performance of their financial obligations or to debit their financial obligations, they may exercise the land users' rigl1ts alter such decisions are issued; c) Where land users are allowed to dolay Uw performance of their financial obligations or to dobit the financial obligations according to law provisions, tlley may exorcise the land users' rights aftor tho issuance of land assignment docisions, dncisions permitting the Ghango of land use purposoi;, ti 10 signing of /and lom;e c:ontracts. 2. Tho time for huusoholds and individllab to exercise 1110 rights to exchange, transfer, lf➔ ase, inherit or donate the land use rights, to mortgage, provide guarantee or contribute capital with the land use rights according to provisions of land legislation with regard to land assigned by the State without the collection of land use levies shall be determined as from the time the land assignment decisions take imµlementation effect. 3. The time for land users to exerciso their rights to transfer, lease, inherit or donate the land use rights, to mortgage, rrovide guarantee or contribute capita; with the land use rights under the provisions of land legislation with regard to land shifted from the forrr of land lease to the form of land assignment shall bG determined as from the time of fulfilling the financia obligations according to law provisions. 4. The time for land users to exercise their right~ to transfer, lease, sublease, inherit or donate the lar10 use rights, to mortgage, provide guarantee 01 contribute capital with the land use rights according to provisions of the .land legislation with regard to land eligible for financial obligation exemption or reduction according to law provisions shall bE determined as from the time of issuing the lane: assignment decisions or signing the land lease> contracts. 5. The time for the executors of projects or construction of dwelling houses for sale or lease tc transfer the land use rights shall comply with the provisions of Clause 1, Article 101 of this Decree. Article 99.- Reception of land use rights 1. Tho land use right receivers shall be prescribm: as follows: a) Households and individuals may receive thE, agricultural-land use rights through land use ritii• exchange prescribed in Clause 2, Article 113 of thE' l .Emd Law and Artic:lil 102 of this Decree; Ii) Economic organizations, households am: individualn may roGoive the land usri rights tllrouri IJGinU transfanod the land uso rights, except for tile cases prescribed in Article 103 of this Decree; overseas Vietnamese may receive the land use righ1s through being lransftmed the rights to use la!ld in industrial parks, hi-tech parks, economic zones; c) Organizations, households, individuals and population communities may receive the land use rights through being donated the land use rights under the provisions of Point c, Clause 2, Article 11 0 and Clause 6, Article 113 of t11e Land Law, except for the cases prescribed in Article 103 if this Decree; d) Organizations, households, individuals, population communities may receive the land use rights through their inheritance of the land use rights: e) Overseas Vietnamese falling into the cases prescribed in Article 121 of the Land law may receive the residential-land use rights through their purchase ol dwelling houses, their inheritance of dwelling houses, being donated dwelling houses associated with the residential-land use rights; f) Economic organizations being legal persons newlyfonnulated through capital contribution with the land use rights may receive the land use rights from capitaf contributors; g) Organizations, households, individuals, population communities, religious establishments, overseas Vietnamese may receive lhe land use rights through land assignment by the State; h) Economic organizations, households, individuals, overseas Vietnamese, foreign organizations, foreigners may receive the land use rights th rough land lease by the State; i) Organizations, households, individuals, population communities, religious establishments may receive the land use rights through the State-i's recognition of the land use rights with regard to land being stably used; j} Organizations, how;oholds, individuals, population communities, reliuious establishments, oversoas VIH!nameso, foreign organizations, foreigners may mt:oive tho land use rights through the results of successful conciliation of land disputes, recognized by competent People's Committees; agreement in contracts on mortgage or guarantee for debt handling; administrative decisions of cornpetent State agencies on settlement of land disputes, land-related complaints or denunciations; decisions or judgments of people's courts, judgment execution decisions of judgment enforcement agencies; written recognition of results of land use ri[Jht auctions in accordance with law; documents on division of !and use rights in accordance with law for households or groups of people sl,aring the common land use rights; I<) Organizations being legal persons nBwly set up tt1rough division, separation, merger under decisions of competent agencies or organizations or documents on division, separation or merger of economic organizations in accordance with law may receive the land use rights from organizations being divided, separated or merged legal persons. 2. The land use right transferees must use land tor the right set purposes during the land use term. 3. Households, individuals may be transferred the land use rights at the places of their permanent residence registration or ether localities, ext:ept for the cases prescribed in Clauses 3 and 4 of Article 103 and Article 104 of this Decree. Economic organizations wishing to use land for production and/or business may be transferred the land use rights at places of their business registrations or other localities, except for tho cases proscribed in Clauses 1 and 2 of Article 103.of this Decree. The land use right transferees defined in this Clause shall be granted tile land use right certificates re~1ardless of their permanent residence registration places or business registration places. Article 100.-Conditions lor being transferred the a(:lricultural-land usci rights for exec:ution of invostm<mt projects, non .. agriGultural production and/ or tiusinoss schomo:; i. Economic ornani;,:ations, households, individuals may be transferred the rights to use agricultural land for execution of investment projects, non-agricultural production and/or business schemes when the following conditions are md: a) The purposes of using the transferred land areas must conform with the land use plannings or plans already considered and approved by competent State agencies; b) The competent People's Committees have permitted the land use purpose changes, determined the land use duration simultaneously with the approval of the land use demands on the grounds prescribed in Article 30 of this Decree; c) The financial obligations must be fuJHlled for the land use purpose changes according to the provisions of Article 36 of the Land Law and the Government's regulations on land use levy collection. 2. For investment projects, non-agricultural productions and/or business schemes, where the land users have been transferred the agricultural land use rights before the effective date of this Decree while the land use terms have not yet been identified in the decisions approving the projects or the decisions permitting the land use purpose changes, the land use term shall be 50 years counting from the date the decisions permitting the land use purpose changes take implementation effect. Article 101.- Conditions for land use right transfer in execution of investment projects on construction of dwelling houses for sale or lease 1. Economic organizations, overseas Vietnamese, foreign organizations, foreigners, that use land for execution of investment projects on construction of dwelling houses for salo or lease shall only be allowed to trans/Gr the land use rights over the land areas on which the investment in construction of dwelling houses under the approvod projects has been completed; where tho investrnont projects on construction of dwelling houses comprise component projects, they st1all be allowod to tmns1or the land uso rights after completmg the investmeni under the component projects of the approvecl investment projects; they are not allowed to transfoi lhe land use rights in form of selling housB foundatiom, while houses havo not yet bercni constructed. 2. Where executors of investment projects cannot continue executing the projects, the State shal, recover the land; the remainder of the land use levies land rents, tho values already invested on the land, which are under the ownership of the persons havin~J the land recovered, sha!I be settled according to th£~ provisions in Article 35 of this Decroe. Arlic/e 102.- Cases of eligibility for exchange ot the agricultural·land use rights Households, individuals using the agricultural lane! assigned by the State or exchanged, transferred, bequeathed or donated with the land use rights from other persons may exchange such agricultural-land use rights with other households or individuals in thH same communes, wards or district townships to facilitate their agricultural production. Households and individuals exchanging the agricultural-land use rights under the common policy on "land plot swap for field consolidation" shall no1 have to pay tax on incomes earned from the land use right transfer, registration fees as well as cadastraf fees. Arlicle 103.- Cases of ineligibility for land uso right transfer, donation 1. Organizations, households and individuals must not be transferred or donatr~d the land usn rights in the cases not permitted by law. 2. Economic organizations must not bo transferred the rights to use wet-rice land, protectiwi forest land, special-use forest land, except for case of land use purpose changes under the approved land uso pfannings, plans. 3. Households and individuals not diroctly engaged in agricultural production must not bu transferred or donated the rinhts to use wo1 ricn !mid. 4. Households and individuals must not bo transferred or donated tho rights to use residential land, agricultural land in strictly protected sub-zones, ecological regeneration sub-zones of special-use forests; in protective forest areas if they do not live in such special-use forests or protective forests. Article 104.- Cases of conditional land use right transfer or donation by households, individuals 1. I !ousoholds and individuals that were assigned for the first time the agricultural land without the collection of land use levies and the residential land with the exemption of land use levies then transferred such land and have had no more production land and/or residential land, if being assigned for the second time the agricultural land without the collection of land use levies and/or lhe residential land with the exemption of land use levies, must not transfer or donate the land use rights within 1 O years as from the date of being assigned land for the second time. 2. Households and individuals that are living mingledly in strictly protected sub-zones, ecological regeneration sub-zones of special-use forests but have had no conditions yet to move out of such sub zones, may only transfer or donate the rights to use residential land, forest land in combination with agricultural production, forestry, aquaculture to housoholds and individuals livinrJ in such sub-zor10s. 3. Housoholds and individuals that are assigned by the State residential land, agricultural production land in protective forest areas may transfer or donate tho righh, to use residential land, agricultural produc:tion land to households, individuals living in such protective forest areas. Article 105.- CH.ses of aqrir.:ultural land in excess of land use riqht transfer limit~, The handling of agricultural land arow, transforrud to howmholds or individuali; in uxcoi;s of tho limits proscribed by thr) National Assembly Standing Comrnittoe shall comply with the followinq regulations: 1. Tho district-level Natural Flesoun;es and Environment Sections of tho localities where households or individuals are transferred the land use rights but have no permanent residence registration shall have to notify the distrir;t-level Natural Resources and Environment SBctions of the localities where the households or individuals register their permanent residonces of the agricultural land areas with the use rights being transferred in tho localities. 2. The district-level Natural Resources and Environment Sections of the localities where households and individuals register their permanent residence shall have to sum up the agricultural land areas with use rights being transferred in order to determine the agricultural land areas in excess of the land use right transfer limits and report thereon to the People's Committees of rural districts, urban districts, provincial capitals or towns for decisions. 3. For agricultural land areas received in excess of tho land use right transfer limits prescribed by t~1e National Assembly Standing Committee, tho shift to land lease shall comply with the regulations of the National Assembly Standing Committee. When the National Assembly Standing Committee has not yet prescribed the land use right transfer limits, the agricultural land areas received by households or indivlduals through land use ri9ht transfer must no! be shifted to land ICJasn. 4. For agricullural land amas boin9 trandorrod or bc:queathed to housoholds in oxcoss ol tho land use quotas prescribed by Um 1993 Land L.aw and being shifted to land loase hut not in excess of the land w;o right transfer limits pmscribed by the National Assembly Standing Committee, they shall not be r,hifted lo land lease as from ,July 1, 2004; the land use duration shall be tho rornaining duration of tho land assi911mont duration. While the National Assumbly Sta11di11q Cornr11il1on has not yEJt prm,critmd tho land uso right tra11ster limits, tho agricultural land ,iroas uansforred or bequeathed to households must not be shifted to land lease. 5. Tho district-level Natural Hesources and Environment Sections of the localities of permanent residence registration of the transferees of the land use rights in excess of the prescribed limits shall have to notify such transforees of the agricultural land areas to be shiftod to land lease; such transferees are entitled to select the land plots to bn shifted to lease. Article 106.- Rights and obligations of economic organizations being the land use right transferees 1. The transfer of lawful non-agricultural land uso rights to economic organizations from other economic organizations, households or individuals that were assigned land by the State with the collection of land use levies orfrom households or individuals with ll1eir land use rights recognized by the State is stipulated as follows: a) Where the money paid for the transfer of the land use rights does not originate from tile state budget, the land use right transferees must not pay the land use levies, must not shift to lease land, and shall have the rights and obligations prescribed in Clause 2, Article 110 of the Land Law; b) Whoro th0 money paid for the transfer of the land use rights originates from the state budget, the economic organiLations being land use right transferees must shift lo lease land, and shall have the rights and obtiuations prescribed in Clause 1, Article 111 of the Land Law; if the economic rnwrnizations choo:;o the form of land assignment with the collection of land use levies, they must pay the land use levicis according to land pricos sel by provincial/municipal l=>oople's Committees and shall l1avo tho rights and olJlioalions prescribnd in Clauso 2, Article 110 of the Lund l..aw; r;) Tho land ww [(-)rill shall bo the rrnnainin[J duration of ttiu land use lorrn before the transfnr for casos whBro lhfl land, before bein9 transferred, ww; usmJ for dofinitn terms; the land ww duration shall I.HJ stablu and long 1or cases where land, before boinn transforrud, was u~;ed stably for a long term. 2. The transfer of agricultural-land use rights to economic organi7a!ions together with land usn purpose changes under the provisions of land legislation before July 1, 2004 is stipulated as follows: a) Where the money paid for the transfer and land use purpose changes does not originate from the state budget, the land use right transferees rnust not pay the land use levies, must not shift to lease the land, and shall have the rights and obligations prescribed in Clause 2, Articie 11 O of the l and Law; b) Where the money paid for the transfer and land use purpose changes originates frorn the state budget, the economic organizations must shift to land lease, and shall have the rights and obligations prescribed in Clause 1, Article 111 of the Land Law; if the economic organizations choose the form of land assignment with the collection of land use levies, they must pay the land use levies for the land categories with land use purpose change according to land prices s0t by provincial/municipal People's Committees, and shall have the rights and obligatiom, prescribed in Clause 2, Article 110 of the Land Law, c) The land use term shall be the term of th£• projects already approved by competent state a[Jencies. Article 107.- Hights and obligations of ontorpriso:.; boing k19al persons newly formed through capitu1 contribution with the land use rights 1. E11lnrprisos bein9 fornwd through capital contribution with the land use rights by parties boinu domestic organizations, households or individuals must not shill lo low;o the land and shall havo the rig tits and oblinations proscritmd in Clause 2, Article 110 of tho l.a11d Law in thn followinu cw;os: n) Tho capital contrillutin9 .. oconnrnic organizations' land has been assigned by the State with the colloclion of land use levies and the paid land use l0vios do not originate from the state budget; b) The capital contributing-economic organiza tions' land acquired due to land use right transfer is not the State-leased land and the money paid for tho transfer does not originate from the state budget; c) The capital-contributing households' or individuals' land is other than tho State-leased land. 2. If enterprises arn formed through joint ventures betw0en foreign organizations, foreign individuals, overseas Vietnamese and domestic economic organizations that contribute capital with the land use rights in the cases prescribed at Points a and b, Clause 1 of this Article, the joint-venture enterprises must not shift to lease the land and shall have the rights and obligations prescribed in Clause 2, Article 110 of the Land Law. 3. If the State enterprises leased land by the State before July 1, 2004 arid entitled to use the land use right value like state budget allocated to the enterprises must not debit and must not refund the land rents according to the provisions of land legislation to contribute capital to joint ventures with foreign organizations, foreign individuals, the joint venture enterprises must not lease land and shall have the rights and obligations prescribed in Clause 2, Article 110 of the Land Law. The land use right value shall be the State's capital portions contributed to the joint-venture enterprises. 4. If overseas Vietnamese assigned land by the State with the collection of land use levies contribute capital with the land use rigl1ts in their capacity as domestic economic organizations to joint ventures with foreign organiza1ions or foreign individuals, the joint-venture enterprises must not shift to lease land and shall have the rights and obligations prescribed in Clause 2, Article 110 of tho Land Law. 5. If joint"vnnturn entnrprises to which the Vietnamese parties have contributod capital with tl1n land use riqhts now chanuo into rniturpri~;os witl1 100% foreign capital, the entorprisos with 100% fornign capital mw;t loase land from the State and have the rights and obligations prescribed in Clauses 2 und 3, /\rliclo 119 of the Land Law. Article 108.- Rights of joint-venture entorprises with foreign investment capital, which have leased land of households and/or individuals and now change into enterprises with 100% foreign capital 1. If joint-venture enterprises with foreign investmont capital, which have leased land of households and/or individuals and now change into enterprises with 100% foreign capital, they may continue performing the signed land lease contracts and must use the land for the right set purposes. 2. The Ministry of Natural Resources and Environment shall have to monitor the land use efficiency in cases where enterprises with 100% foreign capital lease land of households and/or individuals as an experimental model and send sum up reports thereon to the Government. Article 109.- Rights to use land of cooperatives upon dissolution, bankruptcy The settlement of cooperatives' land upon their dissolution or bankruptcy shall comply with the following regulations: 1. For land assigned by the State without the collection of land use levies; leased by the State; assignc➔ d by the State with the collection of land use levies; or acquired through purchase ol assets associated with the land use rights or through lawful land use right transfer from other persons, whilH the !and use levy, asset purchase monoy or money paid for land use right transfer originates from the state budget, the State shall recover the land; 2. For land assigned by the State with the collection ol land use levies, acquired through pmcllase of assets associated witl1 tile➔ land use 1·igllts or thC:l lawful land ww right transfer from other poisons wilile ttw land uso levies, th<~ assot purchase tnormy or the rnoney paid for lanrl uso right tramfer does not originate frorn the State budget; land which tt1e rights to uso we➔ re contributed by cooperative members to the cooperatives, the State shall not recover such land, the land use rigt1ls sl1all be the assets of 1110 cooperatives and /1andled ac<.:ording to the cooperatives' statutes or resolutions of the cooperative mernbom' congresses. Article 110,- Rights of persons using land for construction of condominiums 1. Economic organizations using land assigned by the StatB without the collection of land use levies or assigned by t\10 State with the collection of land use levies, or acquired through being transferred the land use rights while the land use levies, the money already paid for the transfer o{ land use rights originates from the state budget for investment in the construction of condominiums under projects approved by competent State agencies shall have the following rights and obligations: a) The rights and obligations prescribed in Articles 105 and 107 of the Land Law; b) To sell, donate, lease apartments of the condominiums; c) To mortgage, provide guarantee with, apartments of the condominiums, which do not fall into the cases prescribed at Point b of this Clause; d) The value ot the rights to use land for construction of condominium must not be included in the prices of condominium apartments once they are sold or leased; !110 land use rights must not be used for mortgage, guarantee or capital contribution. 2. Economic organizations using land assignHd by the State with ttm collection of land use levius or being transferrod witl1 the land use rights while the land use lovies, the money already paid for land use right transfer do not originate from the state budget; overseas Vietnamose assigned land by the State with tho collection of land use levies for investment i11 117D co11struction of condominiums under projt'JCl:3 alrnady approvod by t;ornrmtorIt statH agonciHs, shiill have 1110 following rights and obligations: a) The rights and obligations prescribed in ArticlfH ·105 and 107 of the Land Law;' b) The rights and obligations prescribed in Clause 2, Article 110 of the Land Law; c) The value of the rights to use land for construction of condominiums shall be included ir the prices of condominium apartments once they are sold or leased. 3. Households, individuals receiving the land use rights through transfer of t11e rights to use land for investment in commercial construction of condominiums under investment projects in accordance with the approved urban construction plannings or rural population quarter construction plannings shall have the rights and obligations prescribed in Clause 2 of this Article. 4. Overseas Vietnamese, toreign organizations, foreign individuals that use land leased by the State with land rents being paid in lump sum for the whole leasing term for investment in commercial construction of condominiums under investment projects already approved by competent State agencies shall have the following rights and obligations: a) The rights and obligations prescribed in Clause 3, Article 119 of the Land L.aw; b) The rights and obligations prescribed in Article 81 of this Decree. Article 111.· Rights and obligations of groups of land users sharing their common property being the land use rights 1. Groups of land users comprising many members being economic organizations, households and individuals sharing their comrripn property being the fand use rights shall have the following rights r1nd obligations: a) Where thoir mmribNs am only households and/ or individuals, the➔ land usors' groups :;hall have the riph1s and obligations liku thusu of housnholds or individuals prnscribed in Article 113 of the I .and U:iw; b) Whore the groups comprise members boinq economic organizations, the land users' groups shall have the rights and obligations like those of economic organizations, prescribod i11 Article 112 of the I.and Law. 2. The exercise of the rights and the pertormance of the obligations of land users' groups, prescribed in Clause 1 of this Article arn stipulated as follows: a) Whore the groups' land use rights can be divided into parts, rwery member of the groups may exercise their respective rights and perform thoir respective obligations with regard to the land areas under their respective use rights. b) Where the groups' land use rights cannot be divided into parts, the groups' representatives shall exercise the rights and perform the obligations. Every member of the groups may authorize the groups' representatives to exercise the rights and pertorm the tasks prescribed at Point a of this Clause under civil law provisions; c) When exercising the rights and performing the obligations of the groups, which are prescribed at Point b of this Clause, !11e representatives must obtain the wri!ton consents of all group membern, enclosed witl1 the land use right certificates already grantod to the mEm1bers of the grours. Article 112.- Sr➔ttlement of cases where n1e Stain has borrowed land of households, individuals 1. State agencies which have borrowed land of households, individuals as stipulated in Clause 1, Article 116 of the Land Law arn awmcies, units, organizations of the State, tho Communist Party of Vietnam, Vietnam Fatherland Front and socio political organizations. 2. Where households or individuals havn lent their land to Stat(? agonciHs wiU1 papers on the land w;u ri9hts and papers on londinq land bninq kopt only al Hrn state anoncios, such ~-,tatn agencies rnw;l ,;upply those papers for the➔ housc-lholds or individuals to cornpleto thu dossiors according to the µrovisions of Clause 1, Article 116 of the Land Law. :3. Casos whore Stato agencies had borrowed land affixed with households' or individuals' dwelling houses before July 1, 1991 shall be settled according to tlw provisions of Resolution No. 58/1998/NO UBTVQH 1 0 of August 20, 1998 of the National Assembly Standing Committee. 4. The r;ornpensatlons in cash or in new land shall be calculatod at tlw land pricos set by provincial/ municipal People's Committees. 5. The return of land borrowed by the State from housGholds, individuals shall be carried out till the end of December 31, 2010. Article 113.- Settlement of cases where households, individuals borrow or lease land of other housHholds, individuals 1. Cases where households or individuals borrow or lease residential land affixed with dwelling houses of other households or individuals while such dwelling houses now still exist or no longer exist on such land; where households or individuals borrow or lease land as production and/or business grounds where exist or no longer exist workshops of other households or individuals shall be settled when the following conditions are rnet: a) The land,lending or - leasing households or individuals must possess land use right certificates or one of the land use right papers prnsc;ribed in Clauses 1, ? and 5, Article 50 of the Land Law; b) There are written agreements on land i)(Hrnwing or leasing. 2. The settlement of cases where households or individuals borrow or leasH land of other households 01· individuals, prescribc~d in Clause 1 of this Article shall apply as follows: i1) Th0 !and use rinhts constituto the property of lnnd lm1dors or lessor:.;; b) I 'roduc:tion and/or bu:;inot,~, work:;hop:, aftixod to land am the flloporlir➔ s of the worbhop london; or lessors; c) The land w;e rights; the productior1 and/or business workshops affixed to lancl; dwfJllinq how;os closnly affixed to land do not fall on the list of cases where the State's trn.nsformation policios regarding land, dwolling housos, workshops were implemented. d) The settlement of the land use rights, production and/or business workshops affixed to land shall be !110 same as for dwelling houses affixed to land, prescrihed in Resolution No.58/1998/NQ UBTVOH 10 of August 20, 1998 of tt10 National Assembly Standing Committee on civil transactions regarding dwelling houses, which had been established before July 1, 1991. 3. Where households, individuals have borrowed or leased land of other households or individuals without any written agre<~ments on land borrowing or leasing prescribed at Point b, Clause 1 of this Article, and now voluntarily return the borrowed or leased land, the land return must be recognized under decisions of the People's Committees of rural districts, urban districts, provincial capitals or towns. Article 114.- Settlement of cases where organizations borrow, rent land or lend, leaso land 1. Where the land borrowers or lessees are other organizations than those prescribed in Clause 1, Article 112 of this Decree, the settlement shall bo the same as !110 settlement of cases where households or individuals borrow or rent land of other households or individuals prescribed in Article 113 of this Decree. 2. Whoro n1e land lenders or lessors aro organizations, thH sottlemunt shall comply with l/1P. provisions at Point b, Clause 2, Articlr! 51, Point c, CIRuse 2, ArtiGlo 5? and F)oint c, Clause 2, Articlo !j3 of this Decree. Attic/e 115 .. , Rop1-o!,tmtatives exorcising thf) rinl1ls and perfo1rnino the obliw1tions of land users 1. Fh1prusontaliv0i, oxorcising Urn riqhts arid perform Hw obligation:, of land usem shall be th(, p0rsons answerable to the Stain for the land us0 prnscribed in Article 2 of this Decme. 2. Flopre:sontatives Dxercising the rights and podonning the obligations of land users, prescribEici in Clause 1 of this Article may authorize other person~ to do so under civil law provisions. 3. Hepresentativos exercising tho rights and performing the obligations of land users must bu the persons having full civil act capacity as provided for by civil legislation. The authorization of tho representatives to exercise the rights and perform the obligations of land users, prescribed in Clause? of this Article, must be made in writing, For households, individuals, the authorization documents must be authenticated hy the People's Committees of the communes, wards or townships of their residence or notarized by public notarie:,. Chapter XI LANDMANAGEMENTANDUSEORDERAND ADMINISTRATIVE PROCEDURES Section 1, ADMINISTRATIVE PROCEDURES GENERALLY APPLIED WHEN LAND USERS EXERCISE THEIR RIGHTS AND PERFORM THEIR OBLIGATIONS Article 116,- Carrying out adrninlstral'lve procedurns in cases where land usors have not yet been granted the land uso right cortiticatHs Land users who possess ono of the land use ri[Jht papers proscribed in Clauses 1, 2 and :i, Article 50 ol tho Land I.aw shall cmry out land~rrilatecl administrative µrocedures according to tho following regulations: 1. In case of recovering the whole land plots, the competont State agencios shall decide to rocovor the land plots and withdraw the land uso right papers prescribod Clausos 1, 2 and t.i, /\rticlo ~10 of tllB L.arid Lnw. 2. In case of carrying out the administrative procedures for the whole land plots, except for cases prescribed in Clause 1 of this Article, the competent State agencies shall withdraw the land use right papers prescribed of Clause 1, 2 and 5, Article 50 of the Land Law and issue the land use right certificates according to the provisions of Articles 135, 136 and 137 of this Decree when carrying out the first step of the administrative procedures related to the land use right certificates. 3. In case of carrying out the administrative procedures for part of a land plot, the competent State agency shall effect the separation of the land plot according to the provisions of Article 145 of this Decree; follow the order and administrative procedures for every land plots and issue the land use right certificates to users of the post-separation land plots. Article 117.- Carrying out administrative procedures for land use right exchange, transfer, lease, sublease, inheritance or donation, mortgage, guarantee provision or capital contribution with the land use rights for part of the land plots 1. Where the land plots have been issued the land use right certificates, they shall be carried out as follows: a) If land users exercise their rights to exchange, transfer, inherit, donate or contribute capital with the land use rights, thus giving rise to new legal persons and lease, sublease the rights to use land in industrial parks, the dossiers for exercise of such rights must clearly state the areas to be separated from the land plots: b) If land users' exercise of the rights to lease the land use rights does not fall into the case of leasing land in industrial parks, to mortgage, provide guarantee with tho land use ri~Jht or contribute capital with the land use rights without formulating new legal pernons, and wish to separate land plots, they shall compile thf1 land plot soparation dossiers before exercising Hie rights proscribed in Clause 1, ArticlfJ 145 of this Docrnn; c) The Natural I°1esources and Environment offices shall carry out the administrative procedures for plot separation under the provisions of Clause 2, Article 145 of th is Decree before carrying out administrative procedures for the exercise of the rights to exchange, transfer, lease, sublease, inherit or donate the land use rights, to mortgage, provide guarantee or contribute capital with the land use rights for the land plots' parts needed by the land users and issue the land use right certificates to the users of the remaining areas of the land plots. Where the land users exercise the rights prescribed at Point b, Clause 1 of this Article and have no need for plot separation, the land use right registration offices shall register such in the cadastral dossiers and adjust the land use right certificates, 2. Where land plots have not yet been issued the land use right certificates, the provisions of Clause 3, Article 116 of this Decree shall apply. Article 118.- Withdrawal of land use right certificates or land use right papers in case of land recovery by the State 1. Within five (5) working days as from the date of completing the compensation and ground clearance, for the cases prescribed in Clause 1, Article 38 of the Land Law or from the effective dates of tl1e land recovery decisions of the competent People's Committees, for the cases prescribed in Clauses 2, 3, 4, 5, 6, 7, 8, 9, 10, 11 and 12, Article 38 of the Land Law, the attached natural resources and environment offices shall have to notify the persons with land to be rocovernd to submit the land use right certificates or one of the land use right papers prescribed in Clause 1, 2 and 5, Article 50 of the Land Law (if any). 2. Within ten (10) working days as from the date of receiving the notifications prescribed in Clause 1 of this Article, tho porsons with land to be recovered must submit the land use right certificates or one of the land uso right papnrs prescribed in Clauses 1, 2 and 5, Article 50 of thB Lund Law (if any) to tho natural rosources and environment offices which semi thu notifications. 3. In cases where the time limit prescribed in Clause 2 of this Article has expired while the persons with land to be recovered fail to comply with the provisions of Clause 2 of this Article, the natural resources and environment offices shall have to notify the land use right registration offices and the f''eople's Committees of communes, wards or district townships where exists the land of the cases where the land use right certificates have not yet been withdrawn. Article 119.· Certification by public notaries and authentication by commune, ward or township People's Committees of contracts or documents when land users exercise their rights 1. Contracts or papers upon the land users' exercise of their rights to exchange, transfer, lease, sublease, inherit or donate the land use rights, to mortgage, provide guarantee or contribute capital with the land use rights must be certified by public notaries or authenticated by commune, ward or township People's Committees according to the following regulations: a) For organizations, overseas Vietnamese, foreign organizations, foreigners, the public notaries' certification is required; b) For households, individuals, the certification by public notaries or the authentication by commune, ward or township People's Commiltees of the localities where exists the land is required: c) In cases where the land users' rights ar0 exercised, involving one party being subjects defined at Point a of this Clause and the other party being the subjects defined at Point b of this Clause, the certification by public notaries or the authentication by commune, ward or township People's Committees of the localities where exists the land is required. 2. In cases whom tho land usors' rights am exercised with the parties dr~rnandin(~ the authentication by commune, ward or township People's Committees, within three (3} working days after tho receipt of complete and valid dossiers, tho commune, ward or township People's Commiltees of the localities where exists the land shall have to authenticate the contracts or papers. 3. The Ministry of Justice shall assume the prime responsibility for, and coordinate with the Ministry of Natural Resources and Environment in, guiding the certification by public notaries and the authentication by commune, ward or township People's Committees of contracts or documents when land users exercise their rights to exchange, transfer, lease, sublease, inherit or donate the land use rights, mortgage, provide guarantee or contribute capital with the land use rights. Article 120.· The performance of financial obligations of land users while carrying out the land management and use order and administrative procedures 1. The financial obligations regarding land use levies, land rents, land-related taxes shall be determined by tax offices, based on cadastraf figures supplied by land use right registration offices. Within three (3) working days as from the date of receiving the cadastral figures from the land use right registration offices, the tax offices shall have to notify the land use right registration offices of the financial obligation levels to be fulfilled by the land users; the land use right registration offices shall have to notify the financial obligation levels directly to the financial obligation performers or through the natural resources and environment offices, for cases where the dossiers are tiled at the natural resources and environment offices, or through the People's Committees of communes or townships where exists the land, for cases where the dossiers are filed at the commune or township People's Committoes, Within H11ee (3) working days as from the date of mceiving the notices on financial obligations, the land use right rogIstralion officos, the natural resources and environmont officos or tho commune, township People's Cornrnittees shall have to notify the financial obligation performers to pay money into Stato treasuries according to law provisions. 2. Charges and fees related to land managernnnt and use to be paid by land users when carrying oul the administrative proceduror; for land management and use shall be determined by land use right registration offices according to law provisions, which shall notify and guide the land users to pay them white carrying out the administrative procedures. Article 121.- Time for carrying out the administrative procedures 1. The provincial/municipal People's Committees shall have to prescribe the specific time limit for carrying out various steps of the administrative procedures in land management and use, which have not yet been prescribed by this Decree for each procedural step. The provincial/municipal People's Committees, the People's Committees of rural districts, urban districts, provincial capitals or towns are entitled to prescribe the time limits for carrying steps shorter than the time limits prescribed in this Decree. 2. For localities in mountainous, island, deep-lying or remote regions, tho lime limits for carrying out the administra1ive procedures in land management and use can be longer but shall not exceed fifteen (15) working days for each case. 3. In cases where extracted cadastral measurement must be➔ made in areas where cadastral maps are not available when the administrative procedurns in land management and use are carried out, the time limit tor carrying out the administrative procedures can be longer but shall not excoed twenty (20) working days for each caso. Article 122.- Submission of dossiers and return of settlement wsults wlwn the administrative procaduros in land mana~Jomont and use aro carriod out 1. Tho submission of dost,iers and rotu m of suttlrJm~rnt results with regard to cases of applying for land assirJnment, land lease➔, land use purposo changes, land use duration extension, whidi are prescribed in Articlns 123, 124, 125, 126, 127, '134, 135 and 141 of this Decree, shall be effected as follows: a) The dossier submission shall comply with the specific provisions of each Article; b) In cases where conditions am fully n10t and applications have been settled, within no more than three (3) working days as from the date the competent People's Committees issue decisions, the natural resources and environment offices shall have to hand over the decisions enclosed with the originals of the land use right certificates already signed or adjusted to the land users who filed tho dossiers at the natural resources and environment offices or send them to the commune, ward or township People's Committees for hand-over to the land users who filed the dossiers at the commune, ward or township People's Committees; send the copies of the land use right certificates already signed or adjusted, one of the land use right papers prescribed in Clauses 1, 2 and 5, Article 50 of the Land Law, which was recovered (if any) to the attached land use right registration offices; send the notices on land use changes to the land use rfght registration offices of the provincial/municipal Services of Natural Resources and Environment for adjustment of the original cadastral dossiers. Within three (3) worl<ing days as from tho date of rnceiving the land use right certificahrn, the commune, ward or township People's Cornrnitlees shall havo to hand over tho land use right certificates; c) In cases whom settlement conditions am not fully me!, within throe (3) working dayi; as from the da1o t11e non~settlemont eonclusions am rnade by competont aqencios, tho natural msoumos and onvironrnent officns !,hall havv to mturn !hH dossi(m; and notify the reasons thernfor to the persons who filed dossiers at the natural resources and environment offices or send Umm to !hl➔ coinr11urm, ward or township People's Committees fm return to tho persons who submitted the dossiers at the commune, ward or township People's Cornrnitte➔es. Within three (3) working days as from the~ date of receiving back the dossiers, the commune, ward or township People's Committees shall have to return them to the dossier submitters and notify the reasons therefor. 2. The submission of dossiers and return of settlement results regarding cases of using land in hi-tech parks, economic zones prescribed in Articles 128 and 142 of this Decree shall be carried out according to the following regulations: a) The dossiers shall be submitted at the hi-tech park management boards, the economic zone management boards; b) In case of full satisfaction of settlement conditions under decisions of the hi-tech park management boards, the economic management boards, within three (3) working days, the natural resources and environment offices of the localities where exists the land shall have to send the signed or adjusted land use right certificates to the hi-tech park management boards, the economic zone management boards; send the copies of the signe➔d or adjusted land use right certificates, one of the land use right papers prescribed in Clauses 1, 2 and 5 of Article 50 of the Land Law, whic~1 was withdrawn (if ariy) lo the attached land use right registration offices; send notices on land use changes to Hie land uso rigf1t registration offices of the provincial/municipal Services of Natural f"'lesources and Environment for adjustment of the original cadastral dossiers; c) In case of non-satisfaction of all settlornont conditions, within thrnH (3) working days, the hi-tech park management boards or tho economic zone management boards shall have to return the dos~)iers and notify the reasons therefor to tho dossillr sutmnitwrs. 3. Tht) submission of dossiers and return ol settlement results rugardinu the casos of application for land use right certificates and land use change registration prescribed in Articles 129, 133, 136, 137, 138, 139, 140, 143, 144, 148, 149, 150, 151, 152, 153, 154, 155, 156 and 157 of this Decroe shall be carried out according to the following regulations:: a) Submission at the land use right registration offices of the pmvincial/municipal Services of Natural Resources and Environment, for organizations, religious establishments, overseas Vietnamese executing investment projects, foreign organizations, foreign individuals; submission at the land use rigl·11 registration offices of the district-level Sections of Natural Resources and Environment, for households, individuals, population communities using land in wards and overseas Vietnamese buying dwelling houses closely associated to the residential-land use rights; submission at commune, township People's Committees, for households, individuals and population communities using land in the communes or townships. Within three (3) working days as 1rom the date of receiving the complete and valid dossiers, the commune or township People's Committees shall have to transfer the dossiers to the land use right registration otfices of the district.level Sections of Natural Resources and Environmont; b) In case of full satisfaction of 1he settlement conditions, within three (3) working days as from thn time the competent agencies mako decisions or approvals, the natural resources and environment offices shall have lo sencj the originals of the signed or adjustod land use right certificates to the land use right registration offices which receive the dossiers or send via the land use right registration offices of the district-lovel Sections of Natural Rosources and Environmont to tho commune or township People's Cornmitttrns, for case of Gubmitting dossiers at the communo, township People's Cornrnittoos; send the copies of tho signed or adjusted land use rirJhl certificates, the wit11drawn land use right certificates or one of the land use right papers prescribed in Clause 1, 2 and 5, Article 50 of the Land Law, whicti was withdrawn (if any) to the land use right registration offices of the provincial/municipal Services of Natural Resources and Environment, lor cases where land users are organizations, religious establishments, overseas Vietnamese executing investment projects, foreign organizations, foreigners, or to the land use right registration offices of the district- level Sections of Natural Resources and Environment, for cases where the land users are households, individuals or population communities, overseas Vietnamese buying dwelling houses closely associated to the residential-land use rights; send notices on land use changes to the land use right registration offices of the provincial/ municipal Services of Natural Resources and Environment for adjustment of original cadastral dossiers. Within three (3) working days as from the date of receiving the land use right certificates, the land use right registration offices or the commune or township People's Committees shall have to hand or return the land use right certificates; c) In case of non-satisfaction of all settlement conditions prescribed by law, within three (3) working days as 1rom the date the competent agencies make non-settlement conclusions, the land use right registration offices shall have to return the dossiers and notify the reasons therefor to the persons who submitted the dossiers at the land use right registration offices or send to the commune or township People's Committees for return to the persons who submitted the dossiers at the commune or township People's Committees. Within three (3) working days after rnceiving back the dossiers, the commune or township Peoplo's Committoos shall have to return thorn to the dossier submitters and clearly notify thorn of tho masons thornlor. 4. In caso of land recovery provided in Articles 130, 131 and 132 of this Decree, within seven (7} working days after llrn complete withdrawal of land use right certifica1ei, under the provisions of Article 118 of this Decroo, the natural resources and environment ofnces shall have to send the copies of the land recovery decisions, the originals of the withdrawn land use right certificates or one of the land use right papers prescribed in Clauses 1, 2 and 5, Article 50 of the Land Law (if any), the written notices on list of cases of non-withdrawal of land use right certificates to their attached land use right registration offices and send notices on land use ct1anges to the land use right registration offices of the provincial/municipal Services of Natural Resources and Environment for adjustment of original cadastral dossiers. 5. The submission of dossiers and the return of settlement results for cases of change of agricultural land use purposes provided for in Article 147 of this Decree shall be carried out according to the following regulations: a} The dossiers shall be submitted at the People's Committees of communes, ward or townships where exists the land; b) In case of full satisfaction of the settlement conditions, within two (2) working days, the district level Sections of Natural Resources and Environment shall have to send the originals of the land use right certificates regarding the land plots with land use purpose change to the People's Committees of the communes, wards or townships where exists the land; send tho copies of the land use right certificates regarding the land plots with use purpose changes and the withdrawn land use right certificates or one of the land use right papers prescribed in Clauses 1, 2 and 5, Article 50 of the Land Law, which was withdrawn (if any), to the attacllod land use right reqistration offices; send notices on land usu changes 10 tho land ww right ro9istration officc~s of the provincial/municipal Sorvices of Natural flesources and Environment for adjustment of thr~ 01·iginal cadastral dossiers; c) In case of failure to fully satisfy the settlement conditions, within two (2) working days, the commune, ward or township People's Committees shall have to return the dossiers. Section 2. ORDER AND ADMINISTRATIVE PROCEDURES IN LAND MANAGEMENT Article 123.-0rder and administrative procedures for assignment or lease of agricultural land to households, individuals 1. The assignment of annual crop land, salt making land to households and/or individuals directly engaged in agricultural production or salt making shall be carried out under the schemes elaborated and submitted by the People's Committees of communes, wards or townships where exists the land to the People's Committees of rural districts, urban districts, provincial capitals or towns for approval. The land assignment order and procedures shall be carried out as follows: a) The scheme-elaborating People's Committees of communes, wards or townships shall settle collectively all cases of eligibility for land assignment in the localities; set up the local land assignment advisory councils comprising presidents or vice presidents of the People's Committees as council chairmen, representatives of Vietnam Fatherland Front, representa1ives of Peasants' Association, heads of population quarters in the localities and cadastral officers (hereinafter called the land assignment advisory councils) to consider and propose cases eligible for land assignment; b) l-3asing themselves on the opinions of the land assignment advisory councils, the commune, ward or township ~1 eoplo\; Cornrniltees shall finalize tho schemes on land assinnment, post up tho lists of land assignmen1~eligible cases at the offices of the commune, ward or township F'eople's Cornmit1(JOS for fifteen (15) working days and organize tho reception of people's comments; finalize the land assignment schemes and submit them to tho P0ople's Councils of the same levl➔ I for adoption before submitting them to the People's Committees of rural districts, urban districts, provincial capitals or towns (via the district-level Natural Resources and Environment Sections) for consideration and approval; c) The district-level Natural Resources and Environment Sections shall have to appraise the land assignment schemes; direct the attached land use right registration offices to complete the measurement for making cadastral maps, compile the cadastral dossiers; submit them to the People's Committees of the same level for deciding on the land assignment and granting of land use right certificates. The time for performing the jobs prescribed at this Point shall not exceed fifty (50) working days as frorn the date the Natural Resources and Environment Sections receive the complete and valid dossiers to the date the land users receive the land use right certificates. 2. The assignment or lease of perennial tree land, production-forest lahd, protective-forest land, special use forest buffer zone land, aquaculture land, other agricultural land to households, individuals shall be carried out according to the following regulations: a) Households, individuals shall file their land assignment or land lease applications at the People's Committees of communes, wards or townships where exists the land, clearly stating the land area demands for use. For cases of application for land assignment, land !ease for aquaculture, there must be aquaculture projects appraised by fisheries manag(1ment offices of rural districts, urban districts, provincial capitals or towns and t11ere must be reports on assessment of environmental impacts ar;cording to law provisions on environment; b) Tho commune, w,:ird or township People's Commi\tees shall have~ lo vori1y and certify in the land assignment or land leaso applications thr~ land use demands of households, individuals for eligible cases and send them to the land use right registration offices of the Natural Resources and Environment Sections. c) The land use right registration offices shall have to reexamine the dossiers; in case of eligibility, they shall extract the cadastral maps or measure the land areas, for places where the cadastral maps are not available, extract the cadastral dossiers and send them to the district-level Natural Resources and Environment Sections; d) The district-level Natural Resources and Environment Sections shall have to verify cases of application for Jand assignment or land lease, conduct field verification when necessary, submit them to the People's Committees of rural districts, urban districts, provincial capitals or towns for deciding to assign land or lease land and grant land use right certificates; sign land lease contracts for cases of land lease. 3. The time for performing the jobs prescribed al Points b, c and d, Clause 2 of this Article shall not exceed fifty (50) working days as from the date the commune, ward or township People's Committees receive complete and valid dossiers to the date the land users receive the land use right certificates. Article 124.- Order and procedures of assigning land for construction of dwelling houses to rural households or individuals not falling into cases subject to land use right auctions 1. Households and i1aJividuals having the demands to use land for construction of dwelling houses shall file their land assignment applications at the commune Peoplo's Committees of the localities where exist the land. 2. The land assignment shall be carried out as follows: a) The commune Peoplt/s Committees shall IJnse themselves on the local detailed land use plannings, detailed land usn plans, which have been approved, to draw up schemes on assignment of land for construction of dwelling l1ouses and send them to the commune land assignment advisory councils µrescribed at Point a, Clause 1, Article 123 of this Decree for consideration and comments on the land assignment schemes; publicly post up the lists of land assignment-eligible cases at the ofllces of the commune People's Committees for fifteen (15) working days and organize the reception of people's comments; finalize the land assignment schemes, compile dossiers of application for land assignment and send them to the land use right registration offices of the district-level Natural Resources and Environment Sections. Such a dossier shall be made in two (2) sets, each comprising the commune People's Committee's report on the assignment of land for construction of dwelling houses; the application- enclosed list of households, individuals; the opinions of the commune land assignment advisory councils; b) The land use right registration offices shall have to reexamine the dossiers; in case of eligibility, they shall make extracts of cadastral maps or extracted cadastral measurement of the land areas, for localities where cadastral maps are not available, make extracts of cadastral dossiers and send them together with the dossiers prescribed at Point a of this Clause to the Natural Resources and Environment Sections; send cadastral figures to tax offices for determination of financial obligations; c) The district-level Natural Flesources and Environment Sections shall have to verify the cadastral dossiers; make field verifications; submit them to the People's Committees of rural districts, urban districts, provincial capitals or towns for deciding on land assignment and granting of land use right certificates; d) Basing themselves on land assignment dec:isions, the Peoplo's Committees of communes w/1em exists the land shall have to organizr: tho field hand--ovet· of land. :{. Hie time for rerforming tho jobs rrescribed at Points b, c and d, Clause 2 of this A1tiG10 shall not exceed forty (40) working days (excluding 111e time for cornpensa1ion and ground clearance and the land users' performance of financial obligations) as from the datc3 tho land use right registration of/ices receive complete and valid dossiers to the date the land users receive the land use right certificates. Article 125.-0rder and procodures of assigning, leasing land with completed ground clearance or without ground clearance to organizations, religious establishments, overseas Vietnamese, foreign organizations, foreigners 1. Persons applying for land assignment or land lease shall contact the agencies tasked by provincial/ municipal People's Committees lo reach agreement on locations or the land fund development organizations of the localities where exists land in order to be recommended the land use locations. 2. After obtaining the written agreement on locations, or the investment licenses or the permit for construction of works on the determined locations from competent State agencies, the land assignment or land lease applicants shall submit two sets of dossiers at the provincial/municipal Services of Natural Flesources and Environment of the localities where exists the land; such a dossier st1all comprise: a) The➔ land assignment or land lease application; b) The wr'ittl-m agreement on the location or the investment license or the permit for work construction on the rJetermined location of competent Stnte agency; c) The investment project decision or the copy of investment llcense, certified by the public notary; where organizations' investment projects are not financed with State budget capital or are not foreign invested projects, 1hem must bo ttm written appraisal of land USG dGrnancls by the provincial/rnunicipal Service of Natural Hn:;ource:; and Enviro1111mnt of t!Hi locality where exists the land as provided for at Point b, Clause 1, Article 30 of this Decree; d) For mineral llXploration and/or exploitation projects, there must be licenses enclosed with mineral exploration and/or exploitation maps; in case of using land for the purposes of manufacturing bricks, tile or pottery articles, there must be decisions or business registration of brick, tile rroduction or investment project approved by the competent State agency; e) The written certification by the Service of Natural Resources and Environment of the locality where exists the land of the observance ol the land legislation for projects previously assigned or leased land. 3. The land assignment, land lease is provided for as follows: a) The provincial/municipal Services of Natural Resources and Environment shall have to verify and direct the land use right registration offices to make extracts of cadastral maps or conduct extracted cadastral measurement of the land areas, for localities where cadastral maps are not available (for projects using land for construction of works on vast areas such as dikes, hydro-electric power stations, power lines, land roads, railways, water pipes, petroleum pipes, gas pipes, the latest cadastral maps with scale not smaller than 1 /25,000 shall be used instead of the cadastral maps), extracts of cadastral dossiers; b) The land use right registration offices shall have to forward the cadastral figures to tax offices for determination of financial obligations; c) The provincial/municipal Services of Natural Resources and Environment shall have to examine the cadastral dossiers, make field verifications; submit them to the provincial/municipal People's Committees for dociding on land assignment, land lease and granting of land use right certificates; sign land lease contrac:ts, for case of land loase; direct the district-level Natural f-1osourcos and Environment Sections, the People's Committees of cornmunos, wards ortownships where exists the land to organizo field handover of land. 4. Tile time for performing the jobs prescribed in Clause 3 of this Article shall not exceed tw0nty (20) working days (excluding the time for land users to perform the financial obligations) as from the date the provincial/municipal Services of Natural Resources and Environment receive the complete and valid dossiers to the date the land users receive the land use right certificates. Article 126.- Order and procedures of assigning land or leasing land with uncompleted ground clearance to organizations, overseas Vietnamese, foreign organizations, foreigners 1. Persons applying for land assignment or land lease shall contact the agencies tasked by provincial/ municipal People's Committees to reach agreement on locations in order to be recommended the land use locations. 2. The land assignment or land lease applicants shall file dossiers according to the provisions of Clause 2, Article 125 of this Decree. 3. The land recovery, compensation, ground clearance shall comply with the order prescribed in Clauses 1,3, 4, 5, 6 and 7, Article 130 of this Decree and the Government's regulations on compensation, support, resettlement. 4. Land assignment and land lease after ground clearance shall comply with the provisions of Clause 3, Article 125 of this Decree. 5. The time for performing the jobs prescribed in Clause 4 of this Article shall not exceed twenty (20) working days (excluding the time for the land users to perform the financial obligations) as from the date of ground clearance completion and the provincial/ municipal Services of Natural Resources and Environment receive the complete and valid dossiers to the date tho land users receive the land use right certificates. Article 127.- Order and procedures of assigning land for use for de1orise, security purposes 1. The people's armed force units defined in Clause 3, Article 83 of this Decree, which apply for assignment of land for use for defense, security purposes shall submit two sets of dossiers at the provincial/municipal Services of Natural Resources and Environment of the localities where exists the land; such a dossier shall comprise: a) The land assignment application; b) The extract of decision on investment in the construction of defense or security work of competent State agency, comprising contents related to the land use or the decision approving the army station location planning of the Ministry of Defense or the Ministry of Public Security; c) The written land assignment request of the Ministry of Defense, the Ministry of Public Security or heads of the units authorized by the Ministry of Defense or the Ministry of Public Security. 2. The land assignment is stipulated as follows: a) Within five (5) working days as from the date of receiving the complete and valid dossiers, the provincial/municipal Services of Natural Resources and Environment shall have lo verify and send one set of dossier to their attached land use right registration offices; guide the People's Committees of rural districts, urban districts, provincial capitals or towns to draw up plans on compensations and ground clearance; b) Within five (5) working days as from the date of receiving the dossiers, the land use right registration offices shall have to make cadastral map extracts or extracted cadastral measurement of the land areas, for localities where cadastral maps are not available, extract cadastral dossiers and send them together with tile dossiers of land assignment application to the provincial/municipal Services of Natural Resources and Environment; c) Within ten (10) working days as from the date of receiving the cadastral map extracts, cadastml dossior extracts, the provincial/rnunicipal Services of Natural Resources and Environment shall liave to report thereon to thn provincial/municipal Peoplo's Committees for deciding on the➔ land assignment and granting the land use right certificates; d) Within ten (10) working days as from the date of receiving the dossiers, the provincial/municipal People's Committees shall have to examine, sign and send to the provincial/municipal Services of Natural Resources and Environment the land assignment or land lease decisions, land use right certificates for eligible cases; notify the People's Committees of rural districts, urban districts, provincial capitals or towns for implementation of compensation and ground clearance. e) The land recovery, compensation and ground clearance shall comply with the order prescribed in Clauses 1, 3, 4, 5, 6 and 7 of Article 130, this Decree, and the Government's regulations on compensation, support, resettlement; f) Within three working days as from the date of completing the compensation and ground clearance, the provincial/municipal Services of Natural Resources and Environment shall direct the Natural Resources and Environment Sections, the People's Committees of the communes, wards or townships, where exists the land, to make field handover of land. Article 128.- Order and procedures of re assigning, leasing land in hi-tech parks, economic zones 1. The land re-assignment, land lease applicants shall submit two dossier sets each; such a dossier set shall comprise: a) The land re-assign men!, land lease application; b) The investment project, for organizations according to law provisions on investment; c) The investment liconso, invostment prninct, for overseas Vietnamese, foreign organizations a11d foreigners according to law provisions on itwestrnon1. 2. The la11d re-assignment or land loasn is provided for as follows: a) Within nine (9) worl~ing days as from tho datc1 of rec.:oiving tho dossiers, the hi-tech park managemont boards, thD economic zone park management boards shall have to examine tho dossiers; for eligible cases, make cadastral map extracts or extracted cadastral measurement of the land areas, for localities whero the cadastral maps are not available; decide on land re-assignment or sign land lease contracts; notify the land users to pay !and use levies or land rents according to law provisions; send the land re assignment decisions or land lease contract, enclosed with cadastral map extracts or extract of cadastral measurement to the natural resources and environment offices of the People's Committees competent to grant the land use right certificates; b) Within five (5) working days as from the date of receiving the tand re-assignment decisions or land lease contracts, the provincial/municipal Services of Natural Resources and Environment shall have to sign the land use right certificates or the Natural Resources and Environment Sections shall have to submit to the People's Committees of the same level for signing the land use right certificates; send the land use right certificates to the hi-tech park management boards, t11e economic zone management boards; c) Within three (3) working days as from the date the land users fulfill the financial obligations, the hi tech park management boards or the economic zone management boards shall have to conduct fiold handover of land and hand the land use right certificates. Article 129.--Order and procedures applicable to cases of shiftin9 from land lease to land assignmont with the collection of land use levies 1. The land lessees who wish to shift from the form of land lease to the form of land assignrnent with the collection of land use levies shall each submit onn dossier ~;ut, comprising: a) Thu ror-1istration application for :;liift from tlrn land k➔aso form to the levied land ass1nnrmmt 1unn; b) The land leat,e con1ract and the land usn riolit certificate. 2. The shif1 from thn lnnd lease form to tho luvied land assignment form is provided for as follows: a) Within five {5) working days as frorn the dato of receiving tlw Gompleto and va!id dossiers, the land use right registration offices shall have to verify them; !or eligible cases, they shall make cadastral dossier oxtracts and send thorn to9other with the dossiers to the natural resources and environment offices of the same level; send tho Gadastral figures to tax oltices for determination of financial obligations; b) Within three (3) working days as from the date the land users fulfill their financial obligations, the natural resources and environment offices shall have to adjust the land use right certificates. 3. Where land users wish to shift from the land lease form to the levied land assignment form in combination wit11 land use purpose change, the procedures for land use purpose change must be carried before the procedures for shift from the land lease form to the levied land assignment lorm. Articfe 130.- Land-recovering order applicablE1 to the cases prescribed in Clause 1, Article 38 of the Land Law 1. Basing themselves on the land use plans already approved by competent State agencies, the competent F'eop/e's Comrnittm-)s shall have to assign the attached natural rnsoIHcos and environment olfices to rlirect th<➔ land use right registration officos in making cadaslral map nxtracts or extrach~d cadastral moasummonl ol the to he-rncovernd land areas, for localities whom cadai,tral maps are not available, and cadastraJ dossier extracts to send them to responsible agencies or organizations for drawing up plans !or comporn;ations and ground clearance rn; providud for i11 Clauses 2 and 3 of this Article 2. Whom lllG land ls mcovnmd af!m tlm land u:w pla111 linqi, or plc111s are publicized but invustrnen\ projocts mo not aw1ilablo, the provincial/rnunieiral Poopln's Cornmi!lons shall assign the land fund r.lnvolopm~m\ Dr(:lallizations to draw up tho ovorall plans on compmmations and ground clearance and submit thorn to thn provincial/municipal People's Corrnnittoos for consideration and approval. 3. Whero land b recovornd for execution of investment pmjects, the f)eople's Committees of rural districts, urban districts, provincial capitals or towns shall have to elaborate overall plans on comp@sations and ground clearance and sulm1it them to the provincial/municipal People's Committees for consideration and approval. 4. After the overall plans on compensations and ground clearance are approved, the People's Committees of the rural districts, urban districts, provincial capitals or towns where exists the to be recovered land shall notify the land users at least ninety (90) days in advance, for cases of recovering agricultural land, or 180 days in advance, for cases of recovering non-agricultural land, of the reasons for recovery, the time and plan for removal, the compensation and ground clearance plans. 5. At least twenty (20) days before the expiry of the notification duration, the land fund devolopment organizations or the People's Committees of rural districts, urban districts, provincial capitals or towns shall have to prnsont the compensation and ground clearance plans and the provincial/municipal Services of Natural R(3sources and Environment shall have to submit the land recovory decisions to tl,e provincial/ municipal Poople's Committee,~ for decision. ThG land rncovery decisions must inr.\ude thn contonts on rncovory of spPcific larnl arnas, applicable to \and plots w;ed by oi-ganizations, rnligious establishrnonts, overseas Violnarnose, foreign organizations, foroigner:; and tho contonts on land recovery applicable) colloGlivoly to nll lnnd plots used by households, individuals or population corr1m1J11itiei,. fr Withi11 filtnon (1 !)) workinq days aftnr rnwiving 1110 I·opcnts, the 1Hnvi11cial/municipal Pooplo'8 Committees shall have to examine, sign and sond to the provincial/municipal Services o1 Natural Resources and Environment, tlie People's Committees of rural districts, urban district, provincial capitals or towns or land fund development organizations the land recovery decisions, the compensation and qround clearance plan--approving decisions. In cases whom exist on the to be-recovered land the areas being used by households or individuals, witl1in thirty (30) working days as from the dato of receiving tho land recovery decisions of provincial/ municipal People's Committees, the People's Committees of rural districts, urban districts, provincial capitals or towns shall have to issue decisions to recover specific areas of every land plots being used by households, individuals or population communities. 7. The land fund development organizations shall have to carry out the compensation and ground clearance for cases of land recovery after the land use plannings or plans are publicized but investment projects are not available yet; the People's Committees of rural districts, urban districts, provincial capitals or towns shall have to organize the compensation and ground clearance for cases of recovering land for assignment or lease for execution of investment projects. 8. After the completion al compensation and ground clearance, tho provincial/municipal People's Committees shall dr~cide to assign land to t11e land fund dovoloprnent organizations for management or assign or lease land to investors for project oxocution. Article 131.- Land-recovering ordor applicable to the cases prescribed in Clauses 2 and 8, Articlo ]8 of the Land Law 1. The recovory of land assigned by Hw Stal(~ to organizations without !110 collection of land US<J lovios or with H10 collnction of lnnd uso levins wilil<J Uw paid land use lovius liavn originatod from tllG Stulo 1Judge1 or land luar;mJ by tho Stc1tu with ln11d rnn1s paid rnmually but now the land users move to otl1ur placns, havu less or no land uso dornanrJ, or voluntarily return the !and shall bu offocted as lollow:,;: a) Whero the land usors are organizations, reliqious estublishmonts, ownsoas Vietnamese, foroign organizations or foreigners, they must send documents mquesting the return of land and land uso right certificates or one ol tho land use ritJhl papers prescribed in Clauses 1, 2 and 5, Articlo SO of the Land Law (if any) to the provincial/municipal Snrvices of Natural Resources and Environmenl of tho localities where exists the land; where the land users are households, individuals or population communities, such documents shall be sent to tho district-level Natural Resources and Environment Sections of the localities where exists the land; b) Within twenty (20) working days as from the date of receiving the land return documents, the natural resources and environment offices shall have to examine them and conduct field verification in case of deeming it necessary; report thereon to the People's Committees of the same level for decision on the land recovery; c) Within fifteen (15) working days as from the date of receiving the report, the competent People's Committees shall have to examine, sign and send to the attached natural resources and environment offices the land recovery decisions. 2. The recovery of land assigned to organizations by tho State without the collection of land uso levies or with the collection of land use levies while tho paid land Us(~ levies have originated from the State budgf~t, or land leased with land rents paid annually and now such or-ganizations dissolve or go bankrupt s~1all be effected as follows: a) Within twonty (20) working days after mceivi11u !he dissolution or bankruptcy decisions of compotent State agencins, the provincial/municipal Services of r\latural Flesourcus and E'nvironrno11t of the localitie:, whero exists thn land shall conduct examination and finlcl vorificatirn I in case of dourninri if neCE,ssary; and mpor·t thereon to the Pnoplo's (;ornr11ittees of tho same levc➔ I for decision 011 land recovery; b) Within fifteen (15) working days aftor recr,ivinq tt1e reports, the provincial/municipal r->eopln's Commiltees shall have to consider, sign and sond to the provincial/municipal Sorvices of Natural Resourcos and Environmont the land rncovery decisions. Article 132.- Land-recovering order applicable to the cases prescribed in Clauses 3, 4, 5, 6, 7, 9, 1 O, 11 and 12 of Article 38 of the Land Law 1. The land recovery applicable to the casc➔s prescribed in Clauses 3, 4, 5, 6, 9, 11 and 12 of Article 38 of the Land Law shall be eUected as follows: a) Within fifteen (15) working days after receiving the inspection conclusions, the natural resources and environment offices shall have to conduct examination and field verifications when necessary; report thereon to the People's Commit1ees of the same level for decision on the land recovery; b) Within fifteen (15) working days after receiving the reports, the competent People's Committees shall have to consider, sign and send to their attached natural resources and environment oflices the land recovery decisiqns; direct the handling for determination of the remaining value of the investments in the land or the assets affixed to land (if any) according to law provisions. 2. The \and recovery applicable to the cases proscribed in Clause 7, Article 38 of the Land Law shall be carried out as follows: a) Within fifteen (15) working days after receiving the death certificates or missing declaration decisions o1 competent State agencies and w1·itten certification of having no heirs by the People's Committ0es of communes, wards or townships where exists tho land, the district-level Nc1tural Resources and Environment S1,ctions slia!I have 10 conduct Hxaminations and field vmifications and report thereon to tho Poople's Commi1tees of tho Sil.me lovril for decision on the land rocovury; 11) Within ton (10) worl<ing days nftm rnceivin9 the reports, the F\mplo's Committees of rural districts, urban districts, provi, 1Gial capitals or towns shall have to considor, sinn and send to 1he district-level Natural Hesources and E':nvironmen! Sections tho land recovmy decisions. 3. The land recovery applicable to the cases prescribed in Clause 10, Article :38 of tho l and Law shall be carried out as follows: a) Within thirty (30) working days after the expiry of the land use terms, the natural resources and environment offices st1all have to report thereon to the People's Committees of the same Jevel for decision on \and recovery; b) Within ten (10) working days after receiving the reports, the competent People's Committees shall have to consider, sign and send to their attached natural resources and environment offices the land recovery decisions. Article 133.-0rder and procedures of registration for land use purpose change, applicable 10 cases requiring no permission 1. Land users wishing to change the land use purposes shall submit one dossier set, comprising: a) The land use purpose change registration declaration made according to a form set by the Ministry of Natural Resources and Environment; b) The land use right certificate or one of the land uso right papern pmscribed in Clauses 1, 2 and 5 of Article 50 of the Land Law (it any). 2. Tho land users may change the land use purposes after 20 days counting from tl1e datG of dossier submission, except for cases where lhe land use right reg·1stratlon offices have notified the non~ permission for land use purpose change➔ as such is incompatible with the provisions of Clause 2, Article 36 of the Land Law. 3. T\w \and uso purposo change registratiun shall I.Jo fJffectod as follows: a) Tho land uso ri1Jl1t 1ngi:;tration offices shall hnve to examine the dos!;iers; where the land use purpose change registration is incompatible with the provisions of Clause 2, Article 26 of the Land Law, they shall return the dossiern and clearly notify the reasons thnrn/or; where the land use purpose change regishation is compatible wlth the provisions of Clause 2, Article 36 of the Land Law, they shall inscribe certitication on the registration doGlarations and transfer tt1e dossiers to the natural resources and environment of/ices of the same level /or adjustment of the land use right cartificates; b) The natural resources and environment of/ices shall have to adjust the land use right certificates, 4, The time for performing the jobs prescribed in Clause 3 of this Article shall not exceed eighteen (18) working days as from the date the land use right registration offices receive the complete and valid dossiers to the date the land users receive the adjusted land use right certificates Article 134,- Land use purpose - changing order and procedures applicable to cases requiring permission 1. The land use purpose change applicants shall each submit one dossier set at the provincial/ municipal Services of Natural Resources and Environment of the localities where exists the land, for organizations, overseas Vietnamese, foreign organizations, foroigners; at the district-level Natural Rosourcos and Environment Sections of the localities where exists the land, for households and individuals; sucr1 a dossier sc-it cornprises: a) The land use purpose change application; b) The land use t\Jht certificate 01· one o/ the land uso right p.1pers proscribed in Clauses 1, 2 and !3, Article 50 of the Land Law (ii any); c} The investrnenl project as prescribed by tl1e invm,trnent lo9islation, for cases whore the land u:,e purposo chang(; applicants are organi,ationi,, ovorseas Vietnamese, foreign or~innizations 01 foroigners. 2. The natural resources and environmont offices shall have lo examine the dossiers and conduct field verifications; chock the compatibility with detailed land use plannings or plans or land us@ plannings or plans in caso of unavailability of detailed land use plannings or plans; direct the attached land use right rngistration offices to make cadastral dossier extracts. 3. The land use right registration offices shaU have to make cadastral dossier extracts and send them to the natural resources and environment offices of the same level and send the cadastral figures to tax offices for determination of financial ob!iga1ions. 4. The natural resources and environment offices shall have to report thereon to the People's Committees of the same level for decision to permit the land use purpose change; adjust the land use right certificates; re-sign the land lease contracts for cases of land lease. 5. The time for performing the jobs prescribed in Clause 2, 3 and 4 of this Article shall not exceed thirty (30) working days (excluding the time for \and users to perform their financial obligations) as from the date the natural resources and environment offices receive the complete and valid dossiers to the date the land users receive the adjusted land use right certificates. Article 135.- Order and procedures of granting land use right certificates to households, individuals using land in communes, townships 1, Households and 'individuals shall each submit at the People's Committees of the communes or townships whore exists the land one dossier set, comprising: a) The land use right certificate application; b1 One ol the land use right papers prescribed in Clauses 1, 2 and 5, Article 50 of tho Land Law (if any}·, c) The writton auH1orization of application for land uso rinl1t certificate (if any), 2. nw grantinu of land use rint1t GfHl1ficuto:; ir; provided !or as follows: a) The cornrnuno or township Poupilc;'s Committees shall have to make vorifir.nlions and certifications in the land use right corlificato applications of tt1e situation of disputos ovor the land riots; whore the cu1rnnt land users du not have the land use right papers pmscribod ln Clauses 1, 2 and 5, Article 50 of the Land Law, they shall verify and certify the origins and time of using ttw land, the situation of disputes ovet tlrn land plots, the r;ompatibility with tho approved land use plannings; publicize tt1e 1·1st of cases ot el'lgibilily and lnoliglbillty 1or granting of land use right certilicates at the ofliGes of the commune or township People's Committees for fifteen (15) days; scrutinize comments on cases of application for land use right certificates; send the dossiers lo the land use right registration offices of tho district-level Natural Resources and Environment Sections; b) The !and use right registration oHices shall have to examine the dossiers; make certifications in the land use right certificate applications, for cases of eligibility for land use right certificate granting and write comments on cases of ineligibility; in cases of eligibility for granting of land use right certificates, make cadastral map extracts or extracted cadastral measurement o! the land plots, tor localities where cadastral maps are unavailable, make cadnstral dossior extracts; send caclastral figuros to tax office~; !or detEirmination of finnncial obligations tor cases whore land users must perform the financial obliga\ions according \o law provisions; send dossiers of casos of eligibility and ineligibility for land use right certificate granting touutlwr with cadastral map extracts, caclas1ral dosi,ir!r oxtracts 1o tho district--levol Natural r:iesources and Environment Soctions; c) Tho districl--levol Natural Resourcos ilnd Environrnon1 Sodions ,;hall havo to exarni11u tlw dossiers and submit lhoin to thu r•oopln'r: Committern-; of trio samn lnvol fur dncidinq tu q1:1111 lhe land w:w ri[Jlll c<ntificatw;; sign laml ltcw;r, c:onlracts tor c:w,us of land louse by lhu State; d) n-10 lime for porforming tho johs prescribed at Points a. band c of this Clause shall not excrwd fifty five (55) working days (excluding tile time for public:izing tt10 lists of casns of application for land use right certilicn1e,; c1.nd the lime for land usnrs to pnrform t11nir financial obligations) from tho dale tho c:urnmuno ortownsl1ip l'oople's Committees receivn the cornplote and valid dossiers to tl1e dato the land users ure granted tho land use right certificates. :t F-or cases of granting land use right certific;ates to farms, before the IAnd use right c;erlificates are granted under the provisions of Clauses 1 and 2 of this Article, the current land use situation must be examined under tho provisions in Article SO of tl1is Decree. Article 136.- Order and procedures ol granting land use right certificates to households, individuals curmntly using land in wards 1. Households and individuals shall ead1 submit one dossier set, comprising: a) The land use right certificate application; b) One ot t11e land use right papers presc:ribed in Clauses 1, 2 and 5, Article 50 of the Land Law (if any); c) The writton authorization of application for land use right certificate (if any). 2. Tllo granting of land use right cm1ificates is provided for as follows: a) The land use rinht registmtion offices i,hall have➔ to oxamino the dossiers, condur;l field verifications wh0n nocm;sary; ~Jather corti!ications by 1/lG ward F'uoplc/s Cornmitlnn!; of !ho situation of land disputes over the land plots; whoro the current land users do not have tho land use right papers proscribed in Cli.luses 1, 2 and 5, /\rticlo 50 of the l and Low, they rnust [Ftltwr opinions of the ward People's Cotmnittoo:, on thu ori!Jin and tinw of using t1·10 land, tho i -;i\1mtion oi clispul1,i, ovm tho land plot: ;, tho con1patibili1y with ti 11, approvod land usn plaimin9; publicize the list:, ot cases of elit.Jibility and inoligibility for land use rigllt corlificate qranting at the land usu right registration officm, for fiftoon (15) days; consider· tile comments on cases of application fur land use riqht Cfn1ificales; write certifications in the land use right certificate applir;ations for cases of eligibility for land use rigllt certificate granting or writo comrnents on caS(eS of ineligibility·, lor cases of eligibility for land use right certificato granting, make cadastral map extrar;ts of extrac!od cadastral measurement of t11e land plots, for localities wh1:ne cadastral maps are unavailable, make cadastral dossier extracts; send the cadastral figures to tax offices for determination of the financial obligations according to law provisions; send dossiers on cases of eligibility or ineligibility tor land use right certificate granting together with the cadastral map extracts, cadastral dossier extracts to the district--level Natural Resot.Jrces and Environment Sections; b) The Natural Resources and Environment Sections snall have to examine the dossiers and submit them to the People's Committees of the same level for deciding to grant the land use right certificates; sign land lease contracts for cases of land lease by the State; c) The time for performing the jobs prescribed at Points a and b of this Clause shall not exceed fifty five (55) worldng days (excluding the time for publicizing thB lists of cases of application for land uso right certificates and the time for land users to porforrn the financial obligations) from the date the land use right registration offices receive the completfJ and vnlid dossiers to tile date tho land users receive tho land usH right certifici:\les. Article 137.- Ordnr and procedures of grantin9 land use ri9!1t certificates to or9anizations currently usinq land 1 Tl10 currnllt Jand-usin[J oruaniz<1lions sl1all r:act1 submit ono dosr,im ,;o\, comprising: a) ·1 t·1n Jund 11sn 1·iql1t c:G1tifir:nt0 appJic;at1on; Ii) Ono of tilo land use rigl1I papors prescribed i11 Clauses I, 2 and Cl, Arl1cle 50 of tho Land Law (1f any); c) Tho writ!on authorization of application for land use right certificate (if any); d} The report on se\1-examination of current land situation as provided for in Articles 49, 51, 52, 53 and 55 of this Decmo. Where the current land using organizations llave not yet examined by themselves the current land use situation, the provincial/municipal Services of Natural Resources and Environment shall direct the implementation organization under the provisions ol Articles 49, 51, 52, 53 and 55 of this Decree; e) The decision of !he provincial/municipal People's Committee on handling ol land of such organization (if any). 2. The granting of land use right certificates is provided for as follows: a) Basing themselves on decisions of the provincial/municipal People's Committees on determination of the land areas the organizations may continue to use, the land use right registration offices shall have to make the cadastral map extracts or extracted cadastral measurement of the land plots, for localities where cadastral maps are unavailable, the cadastral dossier extracts; send cadastral figures to tax offices for determination of the financial obligations, for cases where the land-using organizations must perform the l!nancial obligations according to law provisions; send the cmJastral map oxtracts, the cadastral dossier extracts togothnr with tho dossiers ol R.pplication for land use righi certificates to tho provincial/municipal Sorvicoi; of Natural Resources and Environment; lJ) The provinc·ral/municipal Services of Natural nesources and l::nvironmc➔ nt shall have to sign the land uso right certificntes 11 so authorized; propose the People's Cornmittoes of !ho sarne lovul to riign tho lrn1d uso riql1t c:;ertificatns, if [!l(~y are not authorized to sign; sign land lease contracts for cases of land lease by the Stale; c) The time for portor-rning tho jobs prescribod at Points a and b of this Clause shall not exceed fifty five (55) working days (excluding the time for land users to perform the financial obligations) from the date the land use rJght registration offices receive the complete and valid dossiers to the date the land users receive the land use right certificates. Article 138.- Order and procedures of granting the land use right certificates to people's armed force units currently using land for defense, security purposes 1. The land-using people's armed force units shall each submit one dossier set, comprising: a) The land use right certificate application; b) The decision of the Defense Minister or the Public Security Minister on the army stationing position or work location; c) The written authorization of application for land use right certificate (if any); d) The copy of the Prime Minister's decision approving the planning on use of land for defense or security purposes in the areas of military zones, the areas of units under the Border Guard Command, the areas of provinces or centrally run cities with the names of units applying for land use right certificates orthe land assignment decision of a competent State agency or papers certifying that the land is overtaken land or named in the cad astral books of communes, wards, townships with the certification by the commune, ward or township Poople's CornmiHee o1 having been stably used and dispute-free. 2. The granting of land use right certificates is provided for as follows: a) Within thirty (30) working days as from the date of receiving the completn Hnd valid dossiers, the land use right registralion offices shall have lo make cadastral map ex\racl~; or oxlracled eadastral measurement of tho la11cl plots, for localities whom cadastral rnaps arn unavailable (only measuring around thn boundaries ot the land plots, not measI1ring deferwo or security works, architectural works on tho land plots), maim cadastral dossier extracts; s1md the cadastral map extracts, cadastral dossier extracts together with the dossiers of application for land use right certificates to provincial/ municipal Services of Natural Resources and Environment; b) Within seven (7) working days after receiving the dossiers, the provincial/municipal Services of Natural Resources and Environment shall have lo sign the land use right certificates in cases they are authorized to do so; propose the People's Committees of the same level to sign the land use right certificates in cases they are not authorized to do so; c) Within seven (7) working days after receiving the reports, the provincial/municipal People's Committees shall have to consider, sign and send to the provincial/municipal Services of Natural Resources and Environment the land use right certificates; d) Within six (6) working days after receiving the certificates, the provincial/municipal Services of Natural Resources and Environment shall have to send the land use right certificates to their attached land use right registration offices for handing them to the units being granted the land use right certificates. Article 139.- Order and procedures of granting land use right certificates to land use right auction winners, winners of bidding for projects involving land use 1. Organizations conducting land uso right auctions or biddings for projects involving land use shall have to submit on behalf of each auction winner or bid winner one dossier set, comprising: R) Tho document recognizing the land use right auction winninrJ results or land- using project bidding rosulti, accordin9 to lHw provisions on land w;e right auctions; b) The cadastral map extracts or the extracted cadastral measurement of the land plot, for localities where cadastral maps are unavailable; c) Documents on fulfillment of financial obligations (if any). 2. Within five (5) working days after receiving the complete and valid dossiers, the land use right registration offices shall have to examine the dossiers; make cadastral map extracts or extracted caoastral measurnment of the land plots, tor localities where cadastral maps are unavailable, cadastral dossier extracts and send them together with the dossiers to the natural resources and environment offices of the same level. 3. Within ten (10) working days after receiving the dossiers, the provincial/municipal Services of Natural Resources and Environment shall have to sign the land use right certificates as authorized; the district-level Natura! Resources and Environment Sections shall have to propose the People's Committees of the same level to sign the land use right certificates; the natural resources and environment offices shall send the signed land use right certificates to their attached land use right registration offices for handing them to the auction winners or bid winners. Article 140.- Order and procedures of granting the land use right certificates to land use right transferees falling into the cases prescribed at Point j and k of Clause 1 , Article 99 of this Decree 1. The land use right transferees shall each submit a dossier set, compris'1ng: a) One of the papers such as the minutes on the results of successful conciliation of land dispuh-)s, recognized by competent People's Committees; agreement on debt handling under mortgage or guarantee contracts; administrative decisions on settlement of land-related complaints or denunciations, extracts of jud9ments or decisions of people's courts, jud9ment execution decisions of judgment executin9 bodies; written reco9nitions ot lawful land uso right auctions; 1he documents on lawful division or separation of land use rights by housel1olds or groups of persons sharing the land use rights; docisions o/ competent agencies or organizations on division, separation or merger of organizations; documents on lawful division, separation or merger of economic organizations; b) Documents on fulfillment of financial obligations (if any). 2, Within five (5) working days after receiving the complete and valid dossiers, the land use right registration oH\ces shall have to examine the dossiers, make cadastral map extracts or extracted cadastral measurement of the land plots, for localities where cadastral maps are unavailable, the cadastral dossier extracts and send them together with the dossiers to the natural resources and environmen1 offices of the same level. 3. Within ten (10) working days after receiving the dossiers, the provincial/municipal Services of Natural Resources and Environment shall have to sign the land use right certificates as authorized; the district-level Natural Resources and Environment Sections shall have to propose the People's Comrnillees ol the same level to sign the land use right certificates. Article 141.· Order and procedures of extending land use duration for land-using economic organizations, overseas Vietnamese, foreign organizations, foreigners; non-agricultural land-using households and individuals; households and individuals not directly engaged in agricultural production and leased agricultural land by the State 1. Six {6) months before the land use duration expires, the land users wishing to extend land uso duration shall each submit one dossier set at the provincial/municipal Services of Natural Resources and Environment, tor economic or·ganizations, overseas Viotnanwsci, foreign organizations, toreignors; a1 the distriGt-lovel Natural flesources and Environment Sections, for housoholds and individuals; such a dossier set shall GOmpriso: a) The application for land use duration extension, for houset,olcis, individuals or c~conomic: organizations, ovorseas Vietnamese, foreign organizations, loro\gners that apply for lhe land use duration extension of not more than twelve (12) months; b) The production and/or project supf)lementation project already approved, for economic organizations, overseas Vietnamese, foreign organizations, foreigners that apply for the use duration extonsion of over twelve (12) months. The State agencies competent to approve investmen~ projecis shall consider and approve the supp!ementation, for cases where the projects are financed by the State budget or projects are invested with foreign capital. The provincial/municipal Planning and Investment SeNices shall consider and approve the supplementation for non-agricultural production and/or business projects not financed by the State budget capital and being not foreign-invested projects. The provincial/municipal Agriculture and Rural Development Services shall consider and approve the supplementation for agricultural production projects not financed by the State budget capital and being not foreign-invested projects. 2. The extension is provided for as follows: a) The natural resources and environment oflices shall l1ave to examino the dossiers, certify land use demands in compatibility with the extension applications or the approved production and/or business supplementation projects; submit them to the People's Committees of the same level for doc:ision on the extension; direct their attached land use right registration offices to make cadastral dossier extracts; b) The land use riqht registration offices shall \1ave to make cadastral ciossior extracts 1,nd sand thnrn to the natuml msourcoi: and environment officus of tho sainn lcwol and send the cadastra! figure~~ to tn.x office" 1or dotmrnination of financial obligations: c) Tho land usors shnll have to submit the oxpired land use ri9ht cortificates, docum('Jn\t, on fulfillment of 1inar1cial obligations, tor cases ol eligibility for land use duration <~xtrn1tion, to tho naturnl rm,ources and environment ol!ices; d) Tho natural resources and environment offices shall have to adiust the land use duration on the land use right certificates for cases of eligibility for land use duration extension; e) The time for performing the jobs prescribed at Points a, b, c and d of this Clause shall not exceed twenty (20) working days (excluding the time for land users to perform their financial obligations) from the date the natural resources and environment o1!ice8 receive complete and valid dossiers to the date the land users receive the land use right certificates. 3. For cases of ineligibility for land use duration extension, the natural resources and environment offices shall carry out the land recovery according to the provisions of Clause 3, Article 132 of this Decroe. Article 142.- Order and procedures of extending the duration for use of land in hi-tech parks, economic zones 1. Six (6) months before the land use duration expires, the land users wishing to con1inue the land use shall each submit one dossier set, cornprising: a) The land use duration extension application; b) The production and/or business supplementaUor. project atready approved, for cases of applying for the land use duration oxtension of oven twelve (12) months. In case of state budget .. financed projects and foreign .. invested projects, tho supplementation projects shall be co11sidered and approved by the state agencies competent to approve investment projects. In cases whew projects are financed neither by tho stato budget capita( nm (oreign i11vostmenl capital, !Im supplomontatio11 projec1:; shall l)() considernd and approvnd lly tii-tod1 park mf!nasie1,1ent boards or economic 1ono rnanagornrrnt boards. 2. Tho extension is provided for as follows: a) Within seven (7) working days after mcoivinn the dossiers of application lor land use duration extension, the hi-tech park management boards or tho economic zone management boards shall have to consider and decide on the land re-assignment duration extension, land lease contract extension; notify the land use duration extension applicants thereof for pertormance of financial obligations; b) Within five (5) working days after the expiry of nie land use duration, the land users shall have to submit the expired land use certificates, the documents on financial obligation fulfillment, for cases of eJlgibility for land use right duration extension, to the hi-tech park management boards or the economic zone management boards; c) Within five (5) working days after receiving the certificates and financial vouchers, the hHec~i park management boards or the economic zone management boards shall have to submit the land use right certificates to the competent natural resources and environment offices for adjustment; d) Within seven (7) working days after receiving the certificates and financial vouchers, the natural resources and environment offices shall have to adiust the land use duration on the land use right certificates and send them to the hJ-tech park management boards or the economic zone management boards; e) Within five (5) working days after receiving the certificates, the hHech park manosiement boards or the economic zone nmnagement bomds shall have to hand the adjusted land use ri1Jt1t certificates to land users entitled to land use duration extension. 3. For cases of ineHgibi!ity for land usH duration extension, HlB nalural resources and !mvironn1ent ofliws shall vwor tl1e land accordinsJ to the pmvisions of Clause ~➔• Article 1 ;v of this Decree. Article 143.-0rdm and procedurm, of registo1inq lm1rJ usu changes due to name chw1ge!,, land area shr"1n\<age bocauso of natural erosion or slicfos, channm, in ri\Jhts, dianpos in financial ohligatiorn; 1. Land uscns wishing to reoister land usG changes shall each submit one dossier set, comprising: a) ThG application for rogislrctlion of land use dianges; b) The land w;e right certificate or orw of the land use right papEJrs proscribed in Clauses 1, 2 and 5, Article 50 of the Land Law (if any); c) Other legal papers related to rn9istration of ct1anges in land use. 2. The land use change registration is stipulated as follows: a) Within ten (10) working days after receiving the complete and valid dossiers, the land use right registration offices shall have to examine the dossiers, make certifications in the change registration applications; if making extracted cadastral measurement of the land plots, for cases of land area shrinkage due to natural erosion or slide, they must conduct extracted cadastral measurement of the land plots, make cadastral dossier extracts and send them together with the dossiers of application for change registration to the natural resources and environment offices of the same level; b) Within s0ven (7) working days after receiving the dossiers, t~1e natural resources and environment offices shalt have to adjust the land use right cortificates. Article 144,• Order and procedures of rfl'"fJmntin[J, changing land usrc1 right ceni\icates 1. Land USl:!l"S wishin9 for re-granting, changing the land use right certificates shall each submit 01w drn,sier set, comprising: a) The 1:1pplicatio11 for re-granting, cl1angi11g tho land use right cortificnto; b) T)w land uso ri9ht cortificalo, in cases of nrantinq for chanqe tlmruof. 2. Tht➔ re-granting and changinq of \he !and use right cortificates are stipulattJd as follows: a) Tho land use right reg\t:tration ofHces shall havo to examine the dossiors; mako cadastral map extracts or extracted c;adastral measurement of the land plots, for localities whore cadaslral maps are unavailable, cadastral dossier extracts; write certifications on tho applications for re-granting, changing land use rigf1t certificates; send cadastral map extracts, cadastraJ dossier extracts together with the dossiers of application tor re-granting, changing the land use right certificates to the natural resources and environment offices of the same level; b) The provincial/municipal Services of Natural Resources and Environment shall sign the land use right certificates as authorized; the district-level Natural Resources and Environment Sections shall have to propose the People's Committees of the same level to sign for granting the land use right certificates; c) The time for performing the jobs prescribed at Points a and b of this Clause shall not exceed twenty eight (28) working days from the date the land use right registration offices receive the complete and valid dossiers to the date the land users receive the land use right certificates. In case of applying for re-granting due to the loss ot land use right certificates, the land use right registration offices shall have a longer duration of no more th;;m forty (40) working days, including ten (10) days for ver'1l\cation of the contents of lhe lost land use right certificates and \hirty (30) days !or posting up the announcement on the lost land use right certificates at the land use right registration offices nnd at the offices of tile People's Committees of communes, wards or townships where exists the land. Article 145.- Order and proeedures of land plol separation or consolida\1on 1. The land plot separation or consolidation dossiers shall each con1prise: a) The land plot sopaIation or consolidation applicalion of H10 land user, tor cases where land ut:ors r,o wish Wh\~n oxercising the righ\s over parts of tho land plots or land recovery decisions oi competent Sta to agencies when recovering parls of the land plots or one of tho docurnents prescribed at f>oint a, Clause 1, Article 140 of \his Decree upon the exercise of rights over parts of the land plots; b) The land use right certificate or one of the land use rigl1t papers prescribtld in Claw,es 1, 2 and 5, Article 50 of tile Land Law (if any). 2. The land plot separation or consolidation at land users' requests shall be carried out as follows: a) The land plot separation or consolidation applicants shall each compile a dossier set for submission at the provincial/municipal Services of Natural Resources and Environment, for organizations, religious establisllments, overseas Vietnamese, foreign organizations, foreigners; atthe district-level Natural Resources and Environment Sections, for households, individuals; b) Within seven (7) working days alter receiving the complete and valid dossiers, the natural resources and environment offices shall have to send the dossiers to their attached land use right registration offices for preparation of cadastral dossiers; c) Within ten (10) working days after receiving the dossiers, the land use right registration offices shall have to make cadastral map extracts or extracted cadastral measurement, for localities where the cadastral maps are unavailable, make cadastral dossier extracts and send them to the natural resources and environment offices of \110 same level; d) Within ten (10) working days after receiving tho cadastral map exlracts, the cadastral dossier oxlracls, the district-level Natural Flesources and Environment Sections shall have to withdraw !lie grantod land use rigil1 certificates or ono of the land use riJJht pnpers prescrib0d in Clauses 1, 2 and 5, Arlir:lo 50 o1 the Land Law, propOS(-! tho People's Cornmiltoes of the sallle level to consider· and si9n the land use rigr1t cer!iticates tor the new land plots; the provincial/municipal Services of Natural flesources and Environment shall have lo withdraw tl1e granted land use right cer1ificates or one of the land use right papers prescribed in Clauses 1, 2 and 5, Ariicle 50 of lhe Land Law and sign the land use right certificates for the new land plots if being so authorized, or propose the People's Committees ol the same level to consider and sign the land use right certificates for the new land plots in case of being not authorized; e) Within seven (7) working days after receiving the reports, the competent People's Committees shall consider, sign and send to their attached natural resources and environment offices the land use right certificates for the new land plots, except for cases where \he provincial/municipal Services of Natural Resources and Environment are authorized; 1) Within live (5) working days alter the \and use right certificates are signed, the natural resources and environment offices shall have to hand the originals of the land use right certificates over the new land plots to the land users; send the copies of the signed land use right certificates, the originals of the withdrawn land use right certificates or one of the land use right papers prescribed in Clause 1, 2 and 5, Article 50 o1 the Land Law, which was withdrawn, to their attached land use right registration offices; send the notices on land use changes to the land use right m9istmtion offices under the provincial/ municipal Services of Natura! Flesources and Environment for adjustment of the original cadastral dossiers. 3. The land plot separation or consolidation in cases where the State recovers parts of land plots or in the cases prescribed at Point e, Ciause 5, Article 41 of this Decree shall be carried out as follows: a) Basing themselves on the land recovery decisions or one ol lh8 documents pmscribed at Point a, Clause ·1, Arlicl0 140 of this Decree, the natural resources and enviror 1nw111 offices shall havn to compile the dossiern on land plot separation or consolidation prescribed in Clause 1 o! this Article-,·, b) To effect the land plot S(~paration or consolidation according to the provisions o1 Points b, c, d, e and f, Clause 2 of this Artie/<➔• Section 3. ORDER AND ADMINISTRATIVE PROCEDURES IN THE EXERCISE OF LAND USERS' RIGHTS Article 146.- Contracts on land use rights 1. The contracts on land use right exchange, transfer, lease, sublease: the contracts or documents on land use right donation; the contracts on mortgage, guarantee, capital contribution with the land use rights; the documents on land use right inheritance shall be made by the involved par1ies but not contrary to civil law provisions. 2. The contracts on land use right exchange, transfer, lease or sublease; the contracts or documents on land use right donation; the contracts on mortgage, guarantee or capital contribution with the rights to use the land under common use by the households must be agreed upon and signed by all members of such households, who have full civil act capacity, or their written authorization according to civil law provisions. 3, The contracts on land use right transfer, lease, sublease; the contracts or written documents on land use right donation; the contracts on mortgage, guarantee or capital contribution with the rights to use the land under the common use by groups of land users must be agreed upon and signed or authorized in writing by all memb0rs of the groups according to civil law provisions. 4, Th,l contracts on land USG right Elxchango, transfer, lease, sublease; the contracts or written documents on land use right donation; the contracts on mortgage, guaranter➔ or capital contribution with the land use rights shall take effect as from the tirno of mgistration at the land usci right ro9istmtion offices. The priority order of payment for obligations related to the land uso ri9hts shall be determinod according to the ordnr Q( rnsiistration fit lht'I land use riqhl registmtion offices. The effect o1 testaments or inheritance division records, written corrnnitments lo land uso rigl1t donation shall comply with civil law provisions. A1tic/e 147.- OrdHr and procedures ol exchanging the agricultural land use rights of households, individuals 1. Cases of exchange under the common policy o! "land plot swap for field consolidation" shaH cornply with the following regulations: a) Agricultural land-using house/1olds i'lnd individuals shall tl1emselves reach mutual agreement in writing on exchange o! agricultural land use rights; submit the written agreements enclosed with the land use right certificates or one of the land use right papers prescribed in Clauses 1, 2 and 5, Article 50 of the Land Law (if any); b) The commune, ward or township People's Committees shall draw up general plans on agricultural land use righl exchanges for the whole communes, wards or townships (including the schedule for implementation of exchanges) and send such plans to the districHevel Natural Resources and Environment Sections; c) The districHevel Natural Resources and Environment Sections shall have to examine the plans and direct 1heir a11ached land use right registration offices to prepare the cadastral dossiers; d) The land use right registration offices shall have to make cadastml map extracts or extracted cadastral mciasurement o! the land plots, for localiti<m whom cadastral maps are unavailable, make cadastral dossier extracts and sond them to Hie district-lovnl Natural Resources and Environment Sec1ions; e) The district-level Natural Flesources anc( Environment Snctio11s shall have to exarnino IIH) dossiers and subrnil t1Iern to tho Poopln',; Comrnitlmi:; of tho :;ame loVf\\ tor decision; !) nie Poopln's Comrnitteeii of rural di:,trictr;, urban districts, pruvincial capitals or towns shall have to oxamino and siyn the land use ri(lhl eertificatos for oxchan~wd lrrnd plots and strnd them to the d·1st1icH0vel Nat11ral Hmources and Enviromnent Sec1ions. 2. The agricultural-land use right exchange lletween two housnholds, two individuals st1all be carried out as lol\ows: a} Households or individuals wishing to exchange their agriculturnl land use rights shafJ each submit one dossier set comprising the land use rigllt exchange c:ontract; the land use right w1iificates or one ol the land use right papers prescribed in Clauses 1, 2 and 5, Article 50 of the Land Law (ii any); b) Within two (2) working days after receiving the complete and valid dossiers, the commune, ward or township People's Committees shall have to send tile dossiers to the land use right registration offices of the districHeve! Natural Resources and Environment Sections; c) Within three (3) working days after receiving the complete and valid dossiers, the land use right registration offices shall have to make cadastral dossier extracts and adjust the land use right certi1icates or carry out procedures 1or granting tho land use right certificates, for cases of granting new land use right certificates. A1ticle 148.· Land use right transfer ord(1r and procedures 1. The land use transfc➔ rees shall each submit one dos"\er set, comprising: a) The land use right transfer contract; b) The land use 1·ight certificate or one of the land usci right papen; proscrihed in Clauses 1, 2 and 5, Article fjQ o! tho Land law {if any). ?.. Tile larn1 use ri9hl transfer shall be carried out as follows: a) Within 1hI-orJ (3) worl(ing days aftm receiving 1hr) cornploto and valid dossier:,, th() land use right ro\1istration oHic!rn shall hav,1 to oxarnine th(; dossiers, oxtracl tllo cadastral maps; send cadastra/ fiyures to tax officns tor determination of financial obligations; adjwit the granted land use rinht cortificates or carry out µrocedures to grant land w;e right certificates for cases of granting new certificatos; b) Within three (3) working days as from \he dule of receiving the noticns on financial obligations, the land use ri9h\ re9istration offices or \he commune, township People's Committees shall have to notify the transferors and !he transferees ot t11e financial obligations they have~ to perform; c) Within three (3) working days as from the date the transferors and tho transferees fulfill their financial obligations, the land use right registration offices or the commune or township People's Committees of the localities where exists the land shall have to hand the land use right certificates to the land use right transferees. Article 149.-0rder, procedures of registering land use right lease, sublease 1. The land use right lessors or sublessors shall each submit one dossier set, comprising: a) The land use right-leasing or sub-leasing contract; b) The land use right certificate or one of the land use right papers proscribed in Clauses 1, 2 and 5, Article 50 of the Land Law (if any). 2. Within five (5) working days alter receiving the complete and valid dossiers, the land use right rngistration officus shall have lo carry out the prncedure5 for land use righ\ lease or sublease registration into the cadastral dossiers and adjust the yrnntocl land use right certificates or carry out tho procedures to grant thH land uso right certificates tor cases of granting new certificates. 3. The land lease or sublease ord(H and procedures presc;rilJ8d irr this Article shall not Rpply to cases of leasing or sul1leasing land in industrial parks. Adic/e 150.- 01-c101 and procodures of doletiI1u lrmd use right l01as(3 or sublnase roqistn-1tion 1. Aller tho \and US(➔ riqht-h)asing or subloasing contracts expire, tho land use right lessors or sublessorn sir all each submit one dossier set, t:ornprising: a) The certification of liquidation of land lease contract in the signed land lease contract, or th,l written land loaso contract liquidation; b) The land use right certificate. 2. Witl1in fivo (5) working days after roeoiving tho complete and valid dossiers, the land use right registration offices shall have to delete tt1e lease or sublease registration in the cadastral dossiers and adjust the land use right certificates. Article 151.- Land use right-inheriting order and procedures 1. The heirs shall each submit one dossier set, comprising: a) Tile testament; Wie inheritance division records; the people's court's legally effective judgment or decision on settlement of dispute over land use right inheritance; the heir's written request, for cases where she/he is the only heir; b) The land use right certificate or one of the land use right papers prescribed in Clauses 1, 2 and 5, Article 50 of the Land Law (if any). 2. The inheritance registration shall bo carrie➔d ou\ as iollows: a) Within four· (4) working days after rncuivinrJ tl1e complete and valid dossiers, the land use right registration offices shall have to examine tho dossiers, extract tho cadastrnl dossiers; send the cadastra/ figures to tax offices for determination ol the financial obligations (if any); adjust the granted land use right certificates or carry out procedures to grant the land use right cnrtificates for cases of t1avino to ~1rant new certificate:,; !)) Wit11in three (3) workiny days aflt:r rnceiving the notices ori financial oblinations, tho land uso right registration offices or the commune or township People's Committees of the localities where exists the land shall have to notify the land use right hDirs of the financial obligations they have to perform under law provisions; c) Within three (3) working days alter tho land use right heirs fu1rn1 the financial obligations, the land use right registration offices or the commune or township People's Committees of the localities where exists the land shall have to hand the land use right certHicates to them. Article 152.- Land use right donation order and procedures 1. The land use right donees shall each submit one dossier set, comprising: a) The land use donation written commitment, contract or decision of organizations; b) The land use right certificate or one of the land use right papers prescribed in Clauses 1, 2 and 5, Article 50 of the Land Law (if any}. 2. The land use rtght donation shall be carried out as follows: a) Within four (4) working days as from the date of receiving the complete and valid dossiers, the land use right registration offices shall have to examine the dossiers, extract the cadastral dossiers; send the cadastral figures to tax offices for determination of financial obligations (if any); adjust the granted land use right certificates or carry out procedures for granting the land use right cer1ificates for cases of having to grant new certificates; h) Within three (3) working days alter receiving the notices on financia( ob!igations, the land use dght registration olfices or the commune or township People's Committees of t\1e (ocalities where exists the land shall have to notify the land use right donees ot the financial obligations they have to perlorm; c) Within throe (3) working days alter the done es fulfill their financial obligations, the land w;o right registration olfices or the communo or township People's Committees shall have to hund the land use right CGrtificates to them. Article 153.-0rder and procedures of registering tho mortgnge or guarantee with tile land use rights 1. Within five (5) working days a!tr.H the credit contracts are signed, the par1ies involved in the land use right mortgage or guarantee shall each have to submit one dossier set, comprising: a) The land use right mortgage or guarantee contract; b) The land use right certificate or one of the land use right papers prescribed in Clauses 1, 2 and 5, Article 50 of the Land Law (if any}. 2. Within five (5) working days a1ter receiving the complete and valid dossiers, the land use right registration offices shall register the land use right mortgage or guarantee into the cadastral dossiers and ad/ust the granted land use right certificates or carry out procedures for granting the land use right certificates in cases of having to grant new certificates. 3. The registration for changes in the land use right mortgage or guarantee contents; the correction o! errors in the registered land use righ\ mortgage or guarantee contents shall comply wi\h the order and procedures for land use right mortgage or guarantee registration prescribed in Clause 2 of this Article. Article 154.-0rdor and procedures of registering the deletion of land use right mortgage or guarantee registration 1. Alter fulfilling their debt repayment obligations, the land use right mortgagors or \he land use right guarantors shall c-iach submit one dossier set comprising: a) The certification by the mortgagees or the guarantees of tho fulfillment ol debt repayment utiligalions in the land use right mortgage or guarantee contract or the written certifications by the rnortnagoes or the guarantees of the➔ fulfillment of dobt repayment obligations; b) The land use right certificate. 2. Within five (5) working days after rec()iving the complete and valid dossiers, tl1e land use right registration offices shall examine the fulfillment of debt repayment obligations of the applicants for deletion of mortgage or guarantee registration; carry out the deletion of mortgage or guarantee registration in the cadastral dossiers and adjust the land use right certificates. 3. The order and procedures for registering the deletion of land use right mortgage or guarantee registration; registering the results of handling of the mortgaged land use right property, registering the results of handling of the guaranteed land use right property shall comply with the order and procedures prescribed for deletion of land use right mortgage or guarantee registration provided for in Clauses 1 and 2 of this Article. Article 155.-0rderand procedures of registering capital contribution with the land use rights 1 . The contributors of capita\ with the land use rights shall each have to submit one dossier set comprising: a) The contract on contribution of capital with the land use rights; b) The land use right certificates or one of the land use right papers prescribed in Clauses 1, 2 and 5, Article 50 of the Land Law (if any). 2. Within ten (10) working days after receiving the complete and valid dossiers, the land use right reg'islration o!fices shall have to exam·1ne the dossiers, register the capital contribution in the cadastral dossiers, adjust the land use right oorti!icates or carry out procedures lor granting of !and use right certificatos, for cases o! having to gran1 new certificates. capital contributed with the land ui,e rights or both parties shall each submit one dossier set comprising: a) The contract on tormination of capital contribution; b) The land use right certificate. 2. Jn case of deleting the capital contribution registration and f1aving previously, upon the capital contribution, only adjusted the land use right certificates (due to non-change in the land plots), within five {5) working days after receiving the complete and valid dossiers, the land use right registration ottices shall have to examine the dossiers, delete the capital contribution registration in the cadastral dossiers and adjust the land use right certificates. 3. ln case of deleting the capital contribution registration and having previously, upon the capital contribution, granted the land use right certificates to new legal persons (due to changes in the land plots), the order and procedures are as follows: a) Within three (3) working days after receiving the complete and valie dossiers, tile land use right registration offices shall have to make cadastral dossier extracts and send them together with the dossiers to the provincial/municipal Services of Natural Resources and Environment; b) Within 1ive (5) working days after receiving the dossiers, the provincial/municipal Services of Natural Resources and Environment shall adjust nie land use right certificates, for cases of non-changes in land pJots, or withdraw the granted land use right certilicates, tor cases of changes in land plots; where the capital contributors are economic organizations, overseas Vietnamese, foreign organizations, foreign individuals whose land use terms have riot yet expired after termination of capita! contribution, they shall sign the land use rigt1t certificates for granting to the capital contributors and send them to the Article 156.· Tho order and procedures for attached land use right registration offices; wh0ro dr1leting the rer1istration of capital contribution with \he capital conlributors aro households, individuals the land use rights whose land use terms hav8 not yet oxpired afWr ·1. The contributors of capital or 1t·10 rnceivers of lorminalion of capita/ contribution, thr1 land use right ce1tificates wittidrawn from new legal persons shall be sent to the Natural Flesouroes and [nvironrnont Sections of tho localities whero exists the land; c) Within three (3) working days alter receiving the dossiers, the districHevel Natural Resources and Environment Sections shall have to examine the dossiers and submit them to the People's Committees ot the same level for deciding on the granting ot land use right certiticates to households or individuals that have contributed capi\al and whose land use terms have not yet expired after termination of capital contribution; d) Within three (3) working days after receiving the reports, the People's Committees of rural districts, urban districts, provincial capitals or towns shall have to consider and sign the land use right certificates. 4. Where the land use term expires simultaneously with the termination of capital contribution, if .the capita! contributors wish to continue using the land, they shall carry out the procedures to apply for extension ot land use duration under the provisions in Articles 141 and 142 of this Decree; if the capital contributors do not apply for such extension or are not allowed tor land use duration extension, the natural resources and environment offices shall carry out procedures for recovering the land according to the provisions ol Clause 3, Article 132 of this Decree. Article 157.-0rder and procedures of registering the receipt of land use rights as the msu(ts of handling of contracts on morlgage, guarantee, capilal contribution with, distraint for auctiOn of, the land use rights 1. Organizations which !lave l1andled the land use rights mortgaged, used for guarantee or cnpital contribution, or have distrained for auction the land use rights for judgment exBcut,on accorclfng to \aw prnvisions shall have to sutJmit for the land use right transferees one dossier i;et, comprising: a) The contract on mortgage of, guarante0 or capital contribution with, tile land usr, rights or d(~cision of t/1e judgment-executing body lo distrain the land use dghts tor auction; b) "Y'ne \and Will right cer!llicate or one of the land use right papers prescribed in Clauses 1, 2 and 5, Article 50 of the Land Law (if any}; c) Vouchers on performance of the financial obligations (if anyL d) Documents on auction results in case of auction of the land use right. 2. The land use right receipt registration shall be carried out as follows: a) Within five (5) working days after receiving the complete and valid dossiers, the land use right registration offices shall have to examine the dossiers, make cadastral map extracts or extracted cad astral measurement of the land plots, for localities where cadastral maps are unavailable, copies of cadastral dossier extracts and send them together with the dossiers to the natural resources and environment offices of the same level; b) Within five {5) working days after receiving the dossiers, the natural resources and environment offices shall have to adjust the granted land use right certificates or carry out procedures tor granting the land use right certificates in case of having to grant new certificates. Article 158.~ Order and procedures for selling, purchasing, leasing, inl1eriting or donating assets affixed to land, mortgaging, providing guarantee or contributing capital with assets amxed to land 1. The procedural order of se\linq, purchasing, inheritinq or donating dwelling houses, ottrnr architectural works, forest trees, perennial tmes affixed to land, which belong to the land users' ownership; mortgaging, providing guarantee or contributing capita\ with dwelling houses, other architectural works, forest trees, perennial trec1s alfixed to \and, which belong \o \he land us0rs' ownership shall cornply with the➔ order of land use rin~1t transfer, IHase, subleaso, inheritancB or donation, of mortgage, guarantee provision or capital contribution with the land use rights, prescribed in Articles 148, 149, 151, 152, 153 and 155 of this Decree. 2. The Ministry of ,Justice shall assume the prime responsibility for, and coordinate with the Ministry of Natural Resources and Environment as well as other concerned ministries, branches in, guiding in detail the exercise of the rights to buy, sell, lease, inherit, donate assets affixed to land, to mortgage, provide guarantee or contribute capital with assets affixed to land. Chapter XII SETTLEMENT OF LAND-RELATED DISPUTES, COMPLAINTS Article 159.- Conciliation of land disputes 1. The land disputing parties must take initiative in meeting each other for conciliation among themselves; if failing to reach mutual agreement, they shall go through grassroots conciliation for settlement of their land disputes. 2. Where the disputing parties cannot make conciliation, they shall file applications to the People's Committees of the communes, wards or townships where exist the disputes for conciliation. The conciliation must be recorded in writing with signatures of the parties and certification of successful or unsuccessful conciliation by the commune, ward or township People's Committees. The conciliation records shall be sent to the disputing parties and kepi at the People's Committees of the communes, wards or townsl1ips whern exists the disputed land. 3. For case of successful conciliation entailing the changes in the current land boundaries and/or land users, the communo, ward or township People's Committees shall send the conciliation records to thfl district-level Natural nesources and Environment Sections, for land diqiutflS among households, individuals, population comrnunities; 01· to tho provincial/municipal Servims of Natural Resources and Environment for other cases. The districHevel Natural Resources and Environment Sections and the provincial/municipal Natural Resources and Environment Services shall report thereon to the People's Committees of the same level for decision on recognition of changes in the land plot boundaries and granting of new land use right certificates. Article 160.· Competence to settle land disputes in cases where the disputing parties do not have papers on the land use rights For land disputes where the disputing parties do not have the land use right certificates or any of the land use right papers prescribed in Clauses 1, 2 and 5, Article 50 of the Land Law, the disputing parties shall file their applications to administrative agencies for settlement. The administrative agencies of all levels shall settle land disputes according to the following regulations: 1. The presidents of the People's Committees of rural districts, urban districts, provincial capitals or towns shall settle land disputes among households, individuals or population communities. In case of disagreeing with the settling decisions of the presidents ol People's Committees of rural districts, urban districts, provincial capitals or towns, the disputing parties may file their applications for land dispute settlement to the presidents of provincial/ municipal People's Committees; the land dispute settling decisions of the provincial/municipal People's Committee presidents shall be the final ones. 2. The provincial/municipal People's Committee presidents shall settle land disputes among organizations, religious establishments, overseas Vietnamese, foreign organizations, foreigners or between organizations, religious establishrnents, ovarscrns Vietnamese, foreign organizations or fornignms and households, indlv'rdualr. or poputat"ron communilies. In case of disarireeing with the settling decisions of presidenls of provincial/municipal People's Committees, the disputing parties may tile their applications for land dispute settlement to tho Ministry of Natural Resources and Environment; the land dispute-settling decisions of the Minister of Natural Resources and Environment shall be the final ones. Arlicle 161." Grounds for settling land disputes in cases where tho disputing parties do not have land use right papers The land disputes where the disputing parties do not have land use right certificates or any of the land use right papers prescribed in Clauses 1, 2 and 5, Article 50 of the Land Law shall be settled on the following grounds: 1. The evidences of land origin and jand use course, presented by the disputing parties. 2. Opinions of the commune, ward or township land dispute settlement advisory councils set up by commune, ward or district People's Committees, each comprising: a) The president or a vice president of the commune, ward or township People's Committee as its chairman; b) The representative of the commune, ward or township Vietnam Fatherland Front Committee; c) The leaders of population groups, for urban areas; chiefs ot villages, hamlets, tor rural areas; d) Representatives of a number of households living for a long time in the commune, ward or district township, who know clHarJy the origins and course of using such land plots; e) The commune, ward or township cadastral personnel and justice officials. 3. Tho actual land aroas being used by tho disputing parties outside the land areas being on dispute and the averago land ama for each family member in the locality. 4. Tho compatibility of tho current usr~ of tl1e land plots boing on dispuio w'ith the approved detailed land use plannin9. 5. The Stalc-/s policies on preterential treatmtrnl of people with meritorious services lo the country, 6. The law provisions on land assignment, land lease. Article 162." The complained administr-ative decisions or administrative acts 1. The complained administrative decisions in land management st1all include: a) Decisions on land assignment, land lease, !and recovery or requisition, land use purpose changu permission; b) Decisions on compensation, support, ground clearance, resettlement; c} Granting or withdrawal of land use right certificates; d) Decisions on the land use duration extension. 2. The complained administrative acts ln land management are acts committed by officials or State employees while settling matters within the scope prescribed in Clause 1 of this Article. Article 163.- Order ot settling complaints about administrative decisions of People's Committees of rural districts, urban districts, provincial capitals or towns; administrative acts of officials and employees of the commune, ward or township People's Committees, of district-level Natural Resources and Environment Sections, ot the People's Committees of rural districls, urban dis\ricts, provincial capitals or towns. 1. Within thirty (30) days after the People's Committees of rural districts, urban districts, provincial capitals or towns issue administrative decisions in land management or officials and/or employees of commune, ward ortownship the People\, Committees, district-level Natural Ffosources and Environment Sections or of People's Cornrnittees of rural districts, urban districts, provincial capitals or towns c:ommit administrative acts in handling matters related to land management, if tho persons with related interests and obligations disagree with such administrative decisions or acts, they may file their complaints to the People's Cornrn(tte,es of rum\ district?,, urban tiistricts, provincial capitals or towns. 2. The presidents of the People's Committees of rural districts, urban districts, provincial capitals or towns shall have to settle complaints within the time limits prescribed in the Law on Complaints and Denunciations. The settling decisions of the presidents ol the People's Committees of rural districts, urban districts, provincial capitals or towns must be publicized and seni to the complainants as well as other persons with related interests and obligations. 3. Within forty five (45) days as from the date of issuance of the settling decisions of the presidents of the People's Committees of rural districts, urban districts, provincial capitals or towns, if the complainants disagree with such settling decisions, they may initiate lawsuits at people's courts or lodge complaints to provincial/municipal People's Committees. ln cases where complaints arc lodged to provincial/municipal People's Committees, the presidents of the provincial/municipal People's Committees shall have to settle the complaints within the time limits prescribed in the Law on Complaints and Denunciations, The complaint-settling decisions of the provincial/municipal People's Committee presidents shall be tt1e final ones, which must be publicized and sent to the complainants and other persons with 1·elated intorests and obligations. 4. The complaint-receiving agencies shall have to note them down in the complaint settlement monitoring books. A1ticle 164.- Ordor of settling complaints about adminis1m1ive decisions o1 Natural Flesourws ond Environment Service:, or Poople's Commit!LWS of provinces 01 centrally run cities; adrninis1rative acts of o!1icials or employees ol prnvincial/rnunic,pal Natural Hesources and Environment Services or provincial/municipal People's Committees 1. Within thirty (30) days as from the date the Natural Resources and Environment Services or People's Committees of provinces or centrally run cities issue administralivo decisions in land rnanagemen\ or omc\als or employees of the Natural Resources and Environment SeJVices or the People's Committees oi provinces or centrally run cities commit administrative acts in handling matters related to land management, if the persons with related interests and obligations disagree with such administrative decisions or administrative acts, they may file their complaints to the provincial/municipal People's Committees. 2. The provincial/municipal People's Commit1ec presidents shall have lo settle 1he complaints within the time limits prescribed in the Law on Complaints and Denunciations. The provincial/municipal People's Committee presidents' complain1-settling decisions must be publicized and sent to the complainants and other persons with related interests and obligations. 3. Within forty five (45) days as from the date ot issuance of the settling decisions of the provincial/ municipal People's Committee presidents, if the complainants disagree with such settlin[J decisions, they may initiate lawsuits at people's courts. 4. The complaint-receiving agencies shall have to inscribe them in the complaint settlement .. monitoring books. Article 165.- SHttlernenl of complaints about administrative decisions, administrative acts related to land management, which do not fall within the cases prescribed in Article 162 of this 0Gcree Tlw settlement of complaints about ildministmtive declsions, administrative acts relate➔ d to land management, which do not fall within tho cases prnscribed in Articlo 162 of this Decree, shall comply detGrmined on !ht, basis of ttw naturn and extents of with law provisions on complaints and denunciation~; consequences of violation acts, personal records of violators. Chapter XIII DETECTION AND HANDLING OF LAND RELATED LAW VIOLATIONS BY MANAGERS Section 1. PRINCIPLES FOR HANDLING OF VIOLATIONS, DISCIPLINARY FORMS AND MATERIAL LIABILITY-HANDLING MEASURES APPLICABLE TO MANAGERS Article 166.- Subjects of violation handling 1. Heads of organizations, heads of agencies competent to decide on land management, who commit acts of violating land legislation. 2. Officials and employees of land management agencies at all levels and commune, ward or township cadastral officers, whO commit acts of violating the regulations on administrative order and procedures in land management. 3. Heads, oHicials, employees, personnel o1 organizations assigned land by the State tor management in the cases prescribed in Clause 1, Article 3 of this Decree, who commit acts of violating land legislation with regard to land assigned for management. Article 167.- Violation-handling principles 1. All violations must be detected, stopped and handled in time. The disciplining and material liability handling must be conducted in a swift, fair and resolute manner: all consequences of violations must be addressed according to the provisions of this Decree and relevant law provisions. 2. Disciplinary forms shall be applied independently: the material liability-handling measures shall be applied together with disciplinary forms lo violation acts /01· which the material liability handlinn measures me prescribed in this Decree. The disciplinary forms and oxtents sha!I be 3. Acts of violating !and legislation committed by Slate officials or employees while performing the official duties related to land management, which do not fall within the cases prescribed in Section 2 of this Chapter shall be handled with discipline and material liability according to relevant law provisions. 4. The disciplinary and material liability handling must be decided by competent persons. 5. A violation act shall be subject to only one disciplinary form. If many persons commit one violation act, each violators shall be handled. If a person commits many violation acts at a time, he/she shall be handled for every violation act and subject to the disciplinary form one level higher than the disciplinary form corresponding to the most serious violation act. 6. The disciplinary time limit in the tield of land management shall be three (3) months as from the date of detection of violation act; where violation acts involve complicated circumstances requiring more time for examination and verification, the consideration time limit may be prolonged but shall not exceed six (6) months, except for cases prescribed in Clause 4, Article 9 of t11e Government's Decree No. 97/1998/ND-CP of November 17, 1998 on disciplinary and material liability handling of public servants. If within the disciplinary time limit the violating individuals commit new violation acts proscribed in this Decree or deliberately shirk or obstruct the disciplinary handling, the time limit shall be recalculated from the date of detecting the new violation acts or the date of stopping acts of deliberately shirkilltJ or obstructing the disciplinary handling. 7. Whem violation act!; show criminal si~Jns, they shall be examined 101· penal liability undor the provisions o\ the Pm1al Code. Article 168.- Disciplinary forms, mat(;rial liability handling measures 1. The disciplinary forms shall include: a) Reprimand; b) Caution; c) Salary -grade lowering; d) Salary -rank lowering; e) Dismissal from office; f) Sacking, 2. Material liability handling measures shall include: a) Forcible compensations to the State, sufferers from damage caused by violation acts; b) Forcible reimbursement to agencies, organizations of money amounts paid by agencies or organizations as compensations to suHerers from damage caused by violation acts. Section 2. VIOLATION ACTS, FORMS OF VIOLATION HANDLING APPLICABLE TO MANAGERS Article 169.- Violations of regulations on administrative boundary dossiers and markers 1. The violations of regulations on administrative boundary dossiers and markers include the following acts: a) Distorting the plans on positions, the table of coordinates, records on handover ot administrative boundary markers; b) Implanting administrative boundary markers at wrong places on the field. 2. Disciplinary forms are prescribed as follow:,: a) Those who commit acts presuibed at Point a, Clause 1 of this Articlo duo to lack of rosponsibility shall be sulJject to wprlmo.nd, rc~peat such acts duo to lack ot responsibility shall be subject to caution, deliberately mmrnit them shall be subject to salary grade lowering; intentionally relFipi:e into violations sl1all be subiec\ to salary rank lowming; b) Those who commit acts pm~.cribed at Point b, Clause 1 of this Article due to lack of responsibility shall be subject to caution; repeat such acts due to lack ot responsibility shall be subject to salary grade lowering; intentionally commit them sha!I be subject to salary rank lowering; intentionally relapse into violations shall be dismissed from officu or sacked. Article 17O.-Violations of regulations on land use plannings, plans 1. Violations of regulations on land use plannings, plans include the following acts: a) Failing to publicize or publicizing late detailed land use plannings, detailed land use plans, which have been already approved; failing to publicize or publicizing late the adjustment or cancellation of land use plans; losing, distorting detailed land use planning maps; b) Implanting detailed land use planning boundary markers at wrong places on the field; c) Letting the occurrence of construction, real estate investment in contravention of detailed land use plannings, detailed land use plans in the land areas to be recovered for execution ot approved detailed land use plannings, detailed land use plans. 2. Disciplinary forms are prescribed as follows: a) Those who commit acts presc,•ibed at Point a, Clause 1 of this Article due to lack of responsibility shall be subject to reprimand; repeat tht) acts due to lack of responsibility shall be subiect to caution; intentionally commit the acts shall be sub wet to salary grade lowering; intentionally repeat the acts shall be subject to salary rank lowering or dismissal from office; b) Thos0 who commit acts proscril)Gd at 1~oints lJ and c, Clauso ·1 of this Article due to lack of rm1ponsibili\y shall tm subioct to rnprimnm\ or Gaution, roroat tho acts duo to lack of rnsponsibili!y shall bu subject to caution or salary grade lowering; intentionally commit the acts shall be subject to salary rank lowering or dismissal from office; intentionally repeat the acts shall be dismissed from office or sacked. Article 171.- Violations of regulations on land assignment, land lease, land use purpose change 1. Violations of regulations on land assignment, land lease, land use purpose changes include the following acts: a) Assigning land, re-assigning land or leasing land not at the right positions and not with the right land acreages on the field; b)Assigning land, re-assigning land, leasing land, permitting land use purpose changes not according to competence, not to the right subjects, not in conformity with detailed land use pla.nnings, detailed land use plans or urban construction planning, rural population quarter construction plannings, which have already been approved. 2. Disc'iplinary torms are prescribed as follows: a) Those who commit acts prescribed at Point a, Clause 1 of this Article due to lack of responsibility shall be subject to caution; repeat the acts due to \ack o1 responsibility shall be subject to salary grade lowering; intentionally commit the acts shall be subject to salary rank lowering or dismissal from office, intentionally repeat the acts shall be dismissed from office or sacked; b) Those who commit acts prescribed at Point b, Clause 1 of this Article due to lack of responsibility shall be subject to caution or salary grade lowering; repeat the acts due to lack of responsibility shall be subject to salary rank lowering or dismissed from office; intentionally commit the acts shall be dismissed from office; intentionally relapse violations shall be sacked. Article 172.- Violations of regulations on land recovr➔ry 1. Violations of regulations on land rncovery include the following acts: a) Failing to notify in advance the persons having land to be recovored according to the provisions in Article 39 of the Land Law; failing to publicize plans on compensations, resettlement; b) Making compensations not to the right subjects, tfw right land acreage, not at the right levels to persons having land recovered; distort'1ng land recovery dossiers; wrongly determining positions and acreages of recovered land on the field; c) Recovering land not according to competence; not according to the right subjects, not according to the approved detailed land use plannings, detailed land use plans. 2. Disciplinary forms are prescribed as follows: a) Those who commit acts prescribed at Point a, Clause 1 of this Article due to lack of responsibility shall be subject to reprimand, repeat the acts due to lack of responsibility shall be subject to caution, intentionally commit them shall be subject to salary grade lowering; intentionally relapse into violations shall be subject to salary rank lowering; b) Those who commit acts prescribed at Point b, Clause 1 of this Article due to lack of responsibility shall be subject to reprimand or caution, repeat the acts due to the tack of responsibility shall be subject to caution or salary grade lowering; intentionally commit the acts shall be subject to salary rank lowering or dismissed from oflice, intentionally ro\apse into violations shall be dismissed from office or sacked; c) Tl1ose who commit acts prescribed at Point c, Clause 1 of this Article due to lack of responsibility shall be subject to c;aution or salary grade lowering; repeat the acts due to lack of responsibility shall be subject to caution of salary rank lowering; intentionally commit the acts shall be subject to salary rank lowering or dismissed from office; intentionally relapse into violations shall be sacked. Article 173.- Violations of regulations on land requisition 1. Violations ot regulations on land requisition include the following acts: a) Making compensations not to the right subjects, the right land acreage, no! at the right level, not within the prescribed time limit for persons having land requisitioned; b) Requisitioning land at variance with the cases prescribed in Clause 1, Article 37 of this Decree. 2. Disciplinary forms are prescribed as follows: a} Those who commit acts prescribed at Point a, Clause 1 of this Article due to lack of responsibility shall be subject to reprimand, repeat the acts due to lack of responsibitily shall be subject to caution; intentionally commit the acts shall be subject to salary grade lowering; intentionally relapse into violations shall be subject lo salary rank lowering or dismissal from office; b) Those who commit acts prescribed at Point b, Clause 1 of this Article due to lack of responsibility shall be subject to caution; repeat the acts due to lack of responsibility shall be subject to salary grade lowering; intentionally commit the acts shall be subject to salary rank lowering; intentionally relapse into violations shall be dismissed from office or sacked. Article 174.- Violations of regulations on management of land assigned by the State for management 1. Violations of regulations on management of land ass·rgned by the Slate tor management lnclude the following acts: a) Letting persons permiited by law for tempornry use of land use the land for wrong purposes; b) Using the land for wrong purposes; c) Letting land be encroached upon, occupied, lost. 2. Disciplinary torrns aro prescribed as follows: a) Those who commit acts prescribod a\ Poinl a, Clause 1 ot t11is Article shall be subject to reprimand or caution; repeat tl1e acts shall be subject to salary grade lowering·, b) Those who commit acts prescribed at Point b, Clause 1 of this Article sha!l be subject to caution; ropeat the acts shall be subject to salary rank lowering or dismissed from office; c) Those who commit acts prescribed at Point c, Clause 1 al this Article shall be subject to caution or salary grade lowering; repeat the acts shall be subject to salary rank lowering or dismissed from olfice. Article 175.- Violations of regulations on observance of order and administrative procedures in land management and use 1. Violations of regulations on observance of order and administrative procedures in land management and use inc!ude the following acts: a) Re1using to receive complete and valid dossiers, refusing to provide detailed guidance upon receipt of dossiers, causing troubles for dossier submitters, receiving dossiers without making entries into monitoring books; b) Setting at their own will administrative procedures outside the general regulations, causing troubles for applicants in carrying out the administrative procedures; c) Setlling the administrative procedures not in the prescribed order, delaying the delivery of assorted papers already signed tJy competent bodies to the applicants 1or carrying out the administrative procedures; d) Settling the administrative procedures later than schedule; e) Refusing to carry out or failing to carry out the administrative procedurns which, according to law provisions, must be carried out eligibly; f) Carrying out the administrative procodures not according to cornpetonco; n) Decidiny, in:H;ribinq opinions or certifications on dossiers in contravention ol regulations, thus causing damage or creating conditions for applicants for carrying out administrative procedures to cause damage to the State, organizations and citizens; h) Losing, damaging, distorting contents of dossiers. 2. Disciplinary forms are prescribed as follows: a) Those who commit acts prescribed at Points a and c, Clause 1 of this Article due to tac\< ot responsibility shall be subject to reprimand; repeat the acts due to lack or responsibility shall be subject to caution; intentionally commit the acts shall be subject to salary grade lowering; intentionally relapse into violations shall be subject to salary rank lowering or dismissed from office; b) Those who commit acts prescribed at Points b and e, Clause 1 of this Article due to lack of responsibility shall be subject to caution; repeat the acts due to lack of responsibility shall be subject to salary grade lowering; intentionally commit the acts shall be subject to salary rank lowering; intentionally relapse into violations shall be dismissed from office or sacked; c) Those who commit acts prescribed at Point d, Clause 1 of this Article due to lack of responsibility shall be subject to reprimand; repeat the acts due to lack of responsibility shall be subject to caution; intentionally commit the acts shall be subject lo salary grade lowering; intentionally relapse into violations shall be subject to salary rank lowering or dismissed from office; d) Those who commit acts prescribed at Points f and g, Clause 1 of this Article shall be subject to caution or salary grade lowering; repeat the acts shall be dismissed from office or sacked; e) Those who commil acts prescribed of Point h, Clause 1 of this Article due to lack of responsibility shall be subject to reprimand or caution; repeat the acts due to lack of responsibility shall be subject to caution or salary grade➔ lowering; intentionally commit !lie acts shall be subj0cl to salary rank lowering; intentionally relapse into violat'1ons shall be dismissed from omce or sacked. Article 176.- Application ot material liability handling measures Apart from the disciplinary forms prescribed in Clause 2 of Articles 169, 170, 171, 172, 173, 174 and 175 of !his Decree, the persons c;ommitting the violation acts prescribed in Clause 1 of Articles 169, 170,171,172,173,174 and 175ofthis Decree shall also be subject to the application of material liability handling measures prescribed in Decree No. 97/ 1998/ND-CP of November 17, 1998 of the Govemmen~ on disciplining and material-liability handling of public servants. Section 3. COMPErENCE, ORDER FOR DISCIPLINING MANAGERS Article 177.• Disciplinary competence, order 1. The competence to discipline officials, employees who commit violation acts shall comply with the general provisions on personnel management decentralize.tion. 2. The order of disciplining and material liability handling shall comply with the provisions in the Government's Decree No. 96/1998/ND-CP of November 17, 1998 on severance regime for public servants and Decree No. 97/1998/ND-CP of November 17, 1998 on disciplining and material liability handling of public servants. 3. Where public seivants were disciplined but are deemed that their continued holding of the working positions from which they had committed violations is not beneficial, the competent agencies shall arrange them to other jobs. 4. If detecting criminal signs in the course ol considering the disciplining of public servants, the persons with disciplining competence shall propose the competent bodies to examine the penal liability. Article 178.· Righ\s of disciplined persons 1. Disciplined public servants may complain about the dfsciplinary decisions; denounce acts of abusing positions and powers or acting u\tra vires by persons with disciplinary competence prescribed in Clause 1, Article 177 of this Decree. 2. The settlement of complaints about disciplinary decisions and denunciations regarding cases prescribed in Clause 1 of this Article shall comply with the provisions of 1110 Law on Complaints and Denunciations. Article 179.- Handling of violations of land legfslation committed by managers before the effective date of this Docree 1. Violalion acts already handled be1ore the effective date of this Decree shall not be subject to the application of provisions of this Decree. 2. Violation acts committed before the effective date ot this Decree, which were detected and have not yet been handled, shall be handled according to the provisions of legislation on public servants. Section 4. DETECTION AND HANDLING Or CASES OF VIOLATION OF LANO LEGISLATION Article 180.- Organizing the reception ot detections of, proposals on, cases of violation of land legislation, of organizations, citizens 1. The People's Committees and land management agencies at all levels shall have to publicize their exclusive \elephone numbers, mail boxes and addresses for receiving of detections and proposals of organizations and citizens regarding cases of violating land lagislation; the State agencies with conditions shall additionally organize t\10 reception ot dc1!ections and proposal:; of organizations and citizons by fax, electronic mails, websites or other forms of information. 2. Tho People's Comm·1t1ees and land rnanagoment agencim; ell all levels shall havrJ to arrange personnel to l()r,eive detoctiorn,, proposals of organization:;, ci1izon:,; the personnel recoivinq detections and propos,:1\s shall have lo entor thom into books rnonitoring the settlement of detections and proposals. 3. State agencies receiving detections and/or proposals of organizations or citizens, which do not fall under their settling competence, shall have to \rans1er such detect'lons and/or proposals to the State bodies with settling competence, defined in Clause 1, A1ticle 144 of the Land Law. 4. Organizations and citizens detecting cases of violating land legislation shall have the right and responsibility to transfer their detections and proposals to the State bodies with settling competence, defined in Clause 1, Article 144 of Hie Land Law. 5. Organizations and citizens may send their detections, proposals to news and press agencies; the news and press agencies shall consider the publicization of such detections and/or proposals on the mass media and transfer them to the competent State bodies defined in Clause 1, Article 144 of the land Law for settlement. Article 181.- Settlement of detections and proposals of organizations, citizens regarding cases of violating land legislation The State bodies defined in Clause 1, Article 144 of the Land Law shall have to settle detections and proposals of organizations, citizens regarding f'..ases of violating land legislation according to the following regulations: 1. Disciplining according to eompetenee public servants performing official duties related to land management according to the provisions of this Decree or sanctioning administrative violations according to competence regarding other cases according to the provisions of the Government's Decree on sanctioning of administrative violations in the field of land regarding cases of committlng ucts of violating land legisration and inform the detectors and/or proposal makers thereof. 2. Addressing lho consequences ot the violations. Article 182. - Rospon sibi liticrn of cadastral personnel and prosidents of 1he commune, ward or township People's Committees in dGtecting, stoppino and handling violations of legislation on land management and use 1. The commune, ward or township cadastral personnel shall havo to regularly examine the land use situation in the localities for detecting in time cases of land encroac:hment, occupation, non-use of land, use of land for wrong purposes, illegal land use purpose change, performance of rights and obligations by land users in contravention ol law provisions and other cases involving administrative violations in land management and use; within one day after detecting violations, they must report thereon in writing to the presidents of the commune, ward, township People's Committees of the localities where exists the land for handling, and concurrently to the Natura! Resources and Environment Sections. 2. The presidents of the commune, ward or township People's Committees shall have to regularly direct the examination for detection of acts of encroaching upon land, using land for wrong purposes, illegally changing land use purposes, performing rights and obligations by land users in contravention of law provisions. Within one day after detecting the violations or being reported on the violations, they must organize the examinations, make records, issue decisions to stop the violation acts, administratively sanction violations according to competence and request the restoration of the initial stale ol land; if violators fail to abide by the stoppage decisions, they shall issue decisions to force the restoration of the initial state of land and report thereon in writing to the immediate superior People's Committees. Chapter XIV IMPLEMENTATION PBOVISIONS Article 183.·· Flosponsibilities of rninistrfoc;, minis'leriaHeve\ a\:]encios, GovHrnment-altachml agencies, iJeoplo's Cornrnittoes of all lnvols and land users 1, Tt1e Ministry of Natural l'lcrnourct,s and Environment and the Ministry of Finance shall, within \he scope of their respective functions, tasks and powers, have to guide the implementation of this Decree. 2, The ministers, the heads of ministeriaHevel agencies, the heads of Govornmont-attached agencies, the presidents of the People's Commi!tees at all levels and the land users shall have to implement this Decree. Article 184.- The time limits for uniform periormance of land use right transactions with the land use right certificates As from January 1, 2007, the land users must possess land use right certificates before exercising their rights of exchanging, transferring, leasing, subleasing or donating the land use rights, mortgaging, providing guarantee or contributing capital with the land use rights. Article 185.· Establishment of land use right registration offices 1. The provincial/municipal People's Committees must complete the establishment of land use right registration offices fully capable of performing the tasks prescribed in this Decree be/om July 1, 2007. 2. The Ministry of Natural Resources and Environment shall guide the carrying out of administrative procedures in land mana9oment and use pending the establishment of land use right registration offices and in cases where the district level Na1ural flesources and Environment ~3ectiuns do not have the land use righ'l registration offices. Article 186.- lrnplementalion effect 1. This Decree takes irnpl,3rnnntation effect fifttwn (15) days after its publication in the Official Gazelle. 2. This Docreo mplaces the followin9 docn,ies: the disciplinary decisions; denouncn acts o! abusing positions and powers or acting ultn1 vi res by persons with disciplinary competenco proscrilmd in Clnuse 1, Article 177 of this Decree. 2. The settlement of complaints about disciplinary decisions and denunciations regarding cases prescribed in Clause 1 of this Article shall comply with the provisions of the Law on Complaints and Denunciations. Article 179.- Handling of violations of land legislation committed by managers before the effective date of t11is Decree 1. Violation acts already handled before the effective date of this Decree shall not be subject to the application of provisions of this Decree. 2. Violation acts committed before the effective date of this Decree, which were detected and have not yet been handled, shall be handled according to the provisions of legislation on public servants. Section 4. DETECTION AND HANDLING OF CASES OF VIOLATION OF LAND LEGISLATION Article 180.- Organizing the reception of detections of, proposals on, cases of violation of land legislation, of organizations, citizens 1. The People's Committees and tand management agencies at all levels shall have to publicize their exclusive telephone numbers, tnail boxes and addressos for receiving of detections and proposals of organizations and citizens regarding cases of violating land legislation; the State agencies with conditions shall additionally organize the reception of detections and proposals of organizations and citizens by fax, Glectronic mails, websites or other forms of information. 2. The People's Committees and land management agencies a1 all levels shall have to arrange personnel to llJG0ive detections, proposals of organizations, citizon~;; the porsonrml receiving detections and propo'.,als shall havo to ontor thmn in1o books monitoring the sottlrnnent of detections and proposals. 3. State agoricies receiving dotoctions and/or proposals of organizations or citizens, which do not fall under their settling competence, shall have to transfer such cietee,'tions and/or proposals to the State bodies with settling competonce, defined in Clause 1, Article 144 of the Land Law. 4. Organizations and citizens detecting cases of violating land legislation shall have the right and responsibility to transfer their detections and proposals to !he State bodies with settling competence, defined in Clause 1, Article 144 of tlw Land Law. 5. Organizations and citizens may send their detections, proposals to news and press agencies; the news and press agencies shall consider the publicization of such detections and/or proposals on the mass media and transfer them to the competent State bOdies defined in Clause 1, Article 144 of the Land Law tor settlement. Article 181.- Settlement of detections and proposals of organizations, citizens regarding cases of violating land legislation The State bodies defined in Clause 1, Article 144 of the Land Law shall have to settle detections and proposals of organizations, citizens regarding cases of violating land legislation according to the following regulations: 1. Disciplining according to competence public servants performing official duties related to land managemrml according to the provisions of this Decree or sanctioning administr-ative violations according to competence regarding other cases according to the provisions of the Government's Decree on sanctionin9 of administrative violations in tho field o! land regarding c;ases ol committing acts of violating land legislation and inform tlw dotoctorn and/or proposal makers thereof. 2. Addrr➔ssing the consequences of tho violations. u) Decree No. 64/CP of Seplernber 2/, ·199;3 promulgating the i=lEigulation on assignment of agricultural land to households, individuals tor lon9 term stable use for purpose of agricultural production; b) Decree No. 8B/CP of August 17, 1994 on management and uso at urban land; c) Decree No. 11 /Cf"" ot January 24, 1995 detaHing the implem(1ntation of the Ordinance on Rights and Obligations of Foreign Organizations and Individuals leasing Land in Vietnam; d) Decree No. 09/CP of February 12, 1996 on delense and securny land management and use renime; Decree No. 69/2000/ND-CP of November 20, 2000 amending and supplementing a number of articles of Decree No. 09/CP of February 12, 1996 on defense and security land management and use regime; e) Decree No. 17/1999/ND-CP of March 29, 1999 on procedures for land use right exchanne, transfer, lease, sublease, inheritance and mortgage, guarantee provision or capital contribution with the land use rights; Decree No. 79/2001/ND-CP of November 1, 2001 amending and supplementing a number of articles oi Decree No. 17/1999/ND-CP of March 29, 1999 on procedures for land use right exchanne, transfer, lease, sublease, inheritance and mortgage, guarantee provision or capital contribution with the land use rights; f) Decree No. 85/1999/NO-CP of August 28, 1999 amending and supplementing a number ol articles of trie Regulation on assignment of agricultural land to households, individuals for long-term stable use for agricultural production purposes and supplnrnenting the assignment of salt-making land to households and individuals for long-term stable use; g) Decree No. 163/1999/ND-CP ot November 16, ·1999 on assignment and loase of fornstry land to organizations, households ,rnrJ inc1ividuals for lon[J-· term stable USG for lorostty purposes; l1) DE!creo No. 0IJ/:'000/ND-CP of February i 1, 2000 on irnplernonling the Law Amendin[J und Supplomenting a Numbm of Articlos of tfw l..and Law; Decme No. 66/2001/ND-CP of September 28, 2001 amending and supplemr➔nting a number of articles ot Decree No. 04/2000/N[)-U' of February 11, 2000 on implementation of the Law Amending and Supplementing a Number of Articlos of the Land Law; i) Decree No. 68/2001/ND-CP of October 1, 2001 on land use plannings and plans. 3. To annul the land management and use provisions of the following decrees, which are contrary to the provisions of this Decree: a) Clause 2 of Article 1, Articles 3, 10, 11, 12, 13, 14, 15, 16, 17 and 20; provisions on residential land registration and registration forms in Article 8; the provisions on land registration obligations in Article 9 of Decree No. 60/CP of July 05, 1994 on the right to own dwelling houses and the rigM to use residential land in urban areas; b) The provisions on granting of dwelling house ownership rigf1t and land use right certificates to house buyers in Article 10 of Decree No. 61/CP of July 5, 1994 on dwelling house buying, selling and dealing; c) The provisions on land registration in Clause 1, article 9; the provisions on competence to recover land in Clause 2, Article 14 of Decree No. 14/1998/ ND-CP of March 6, 1998 on State property management; d) Articles 24, 25 and 26; the provisions on forms of application for dwelling house owriernhip right and residential land use dght certificates in Clause 1 of Article 15, Clause 1 of Article 16, Clause 1 o~ Article 18, Clause 1 of Article 2·1 and Clause ·1 of Article 2a of Decmo No. 25/1999/ND-CP of April 19, 1999 on mode of returning dwelling houses, dwelling house leasing prices when the houses have not yet been returned and procedures for establishment of dwolling house ownership right prescribed in Hosolu\ion No. 5fV1998/NO-UF:HVOH10 of August 20, "1998 on dwellinu houso-rolatecl civil trani;actions ostablistwd boforo ,July 1, 1991; e) The provisions on land assignment by thE! State for long-term stable use without the collection of land use levies to non-public f1stablishments in Clause 1, Article 7 of Decree No. 7~V1999/NO-CP of August 19, 1999 on policy of encouraging the socialization of activities in the domains of education, health, culture and sports; l) Points d and e ot Clause 1, Points d and e of Clause 2 of Article 8; Clauses 4 and 5 of Article 25 of Decree No. 08/2000/ND-CP o1 March 10, 2000 on secured transaction registration; g) The provisions on mtaining the land use right value inscribed in investment licenses upon equltization of joint-venture enterprises to which the Vietnamese parties contributed capital with the land use right value in Clause 3, Article 9 of Decree No. 38/2003/ND-CP of April 15, 2003 on transformation of a number of foreign-invested enterprises into ones operating in forrn ot joint-stock companies. 4. The ministnos, ministerial-level agencies, the provincial/municipal l"eople's Committees shall l1ave to revise the legal documents they have promulgated, which are contrary to the provisions of the 2003 Land Law, of !1'1is Dec;roe and other decrees guiding the implementation of the 2003 Land Law !or amendment, supplementation or cancellation. The Governmm1t Office shall have to direct the Government-attacl1ed agencies to revise the legal documents thoy liave promulgated, which are contrary to the provisions of the 2003 Land Law, of this Decree and other decrees guiding the implementation of the 2003 Land Law for the Government Office to amend, supplement or cancel them. On behalf of the Government Prime Minister PHAN VAN KHAI