Decree No. 66/2001/ND-CP amending and supplementing a number of articles of Decree No. 04/2000/ND-CP on the enforcement of the Law amending and supplementing a number of articles of the Land Law

No. 4 1 (us .. J J-200 I) OFflClA!, UAZLTT F DECREE No. 66/2001/NU•-CT' Oi'. SEPTEMBER 28, 2001 AMENDING AND SUPPLEMENTING A NUMBER OF ARTICLES OF DECREE No. 04/2000/ND•-CP OF FEBRUARY 11, 2000 ON THE ENFORCEMENT OF Tl-IE LAW AMENDING AND SUPPLEMENTING A NlJMBER OF ARTlCl,ES OF THE LAND LAW THE GOVERNMENT Pursuant lo !he Law on Organizalion qj !he Governmen/ o/Septemher 30, 1992. Pursuonf ro the Jufv 1 .J, J 993 Land Low: rhe Decen1her 2, 1998 Law amending and supplementing a number o{arlicle.1· of the Land Law and the .June 29, 200 l Law amending a11ds11ppleme11fing a numher o(arlicles o(the Land Law: At the proposal (!l the General Director of the Cieneral Land Admi11i.i•tratio11, DECREES: Article 1.-To amend and supplement a number of articles of Decree No. 04/2000/ND-CP of February IL 2000 on the enforcei11cnt of the Law amending and supplementing a number of articles of the Land Law (hereinafter referred to as Decree No. 04/2000/ ND-CP) as follows; I. Article 1 is amended aud supplemented as follows: "Article].- Scope of regulation. This Decree prescribes the enforce111cnt of the December 2, 1998 Lm\· amending and supplementing a i 1 um bcr of a rti clcs of the I ,i:md Law and the June 2 9, 200 l Law ,m1ending and supplementing a number of articles of the Land Lnv (hereinafter referred collectively to as the Land Law).'' 2. Article 2 is amended and suppkmented as follows: 'Article 2.- The competence to assign and lease land. The cornpctence to assign and lease land is prescribed as follmvs: I The cornpctcmT to ass1 !!Jl and li:asc land for use for tl1c puqioscs other th::m agricultural production, fiJrestry or scdt makrng shal I be c!'foctcd according to th\, prm is ions 111 Articles 23 and 80 of the Ltnd Lm as fr1 llo\ \'S: a) The Government shall decide on the land ass1gnmcn1 in the folll)\\ing cases· ! ,and ass1gn111c11t ,, ith tl1e collection or land use levy for creation of capital for the construction of infrastructure under pro 1ects, ·· Land assignment for use for defi:nsc and/or sccu rity purposes. b) The People ·s Conmuttccs of the provmccs and centrally- nm cities shall decide on the assignment and lease of land to the following subjects: Organizations using land: Households and individuais using land rn the inlying are,;1s of cities and towns: ~ Foreign diplomatic missions, consulates, and other representations with diplomatic functions in Vietnam: representations. of United Nations organizations: i nter-govcrnmeri.tal agencies and organizations as well as their representations in Vietnam: Foreign organi2ations and, individuals, and overseas Vietnamese that make invcstii1cnt in Vietnam. c) The People's Committees of the rural distncts, provincial capitals, or provincial towns shalJ decide on the assignment and lease of land to household and individuals, except fr)l' cases defined at Point b of !.his Clause. 2 Th c co1ripctcncc to assign and lease land for use for the purposes of agricultural production, forestry or salt making shall be effected according to the provisions in A1tide 24 of the Land Law as iol!mY~< a) The People's Committees of the prov111ccs and centra!ly-·run cities shall decide on the assignment and lease of laitd to economic organizations usmg land: b) The People's Co111mittccs of the rural districts, urban districts. provincial capitals or towns shall decide on the assignment and lease of land to hot1scholds and individuals: c) The Pcople-s Committees of communes. \Yarris and district towns may lease land belonging to public land funds of such com mu ncs, \I ards :ind district towns. :-l ln cases where the hnd-llSHl/:'. organuation.\ households ,llld mdi 11dua Is h,ffc been assigned or leased Lind bdon: October I, 2001 under decisions of OFrlCIAL GAZF'J'TF No. ,~ J (08-J l-20U l) competent Staie agencies, which an: subject to adjustment or supplementation, the competence to make adjustment and/or supplementation of the decisions on land assigmllent or land lc,t~e, if any, shall comply \Yith the competence to as.',ign and lease land prescribed in Clauses I and 2 of this Article." 3. To supplement the following Article 2a: "Article 2a.- The competence to approve thcJa11d location and acreage for investment p:r;oJ¢cts 11cit financed with the State budget capital,', defined ii'l Article 19 of the Land La,\'. ;" : · · <> The agcnci cs co19j):s:ten\,t9 'aJJPTOVC th~ land . location and acr¢agiJ'ot vcstmcnt projects not · fimmced with tl\e\Sfai~'.:-:bi(dget capital, \~ihich shaH serve as basis (or :~4iif4iftgj!j'('.(iand assigntJl,'-,]ltMd/ Or .· land lease shal(~~'1/\¢ 1,$J#J~ bodies coiripctciitto- assigh , and lease i&h<Y'o6'f)rtcd'ifr.'Clause 2 of this Article. '' ;'/ ,N\,,;f/1-)U: ·/. / ·- --· ' ; . 4. Cla1f~!4~\l,¥}i!f/ticle 3 are amended r1n.d' suppleip)fffJ!lf.fiNi9PP1~s,:;:: · . -· "3. ItH:J Pi~f:iJ~\bdriiti;ittces of the provinces and cen~ra 11\\:tl~l Ptt\~{~ha J I •. gra11t:·,1bc:•Jau,1' ll s'eright. ce1t1 fj catcs'·t(j~,il1\J.1X91JP~'l [.ll); sµf)Jepts: ,'. } ·,. :. :";·,/~-~:~.1~:".i'")'. ':": ... .-·-/-".-/ .,.;:.: :· a) Dbn;iestic orgiict:i;i:dti(ll;Jfµt\qg kmd; . . -- . . ">t- .· :. . . '<>-': -~.< .,,. .{ .· :'. . : . . h) Cl1trftqttc;;s,.pagodas;'MdiJel1gious shrine,s; ·:, \• ~\ ~-¼-,.,-~-- .. . .. .-.~~- ~· .k ::. ,, .'· , ,.~ :. ··,. C) F orci'@fi~~i~tici1i$}a rifindividuals 1.fahig land in Vietnam. ·\'::" -L ', .-, -- '• ,- > -· · · 4. The Pe~1iJe}A;Q¢)i)/1Iitt¢·~s\iJthe hnal.qistrict s 1 . urban districts, pf~Yli{~fat,biwfrals;ortowns shalLgr311t the land use right'd;n.ificatcs to thcfollcnving subjects: '·~ ·.' . i; '·-. .. · . . :· . . : . . . . .: a) Land-using hoitsehold s and individuals; b) Population conununitics using land with such works thcrnon as commurial houses, temples, shr.i1wS; small pagodas, worship halls, ancestral\\'orshipho'/)$d · or other works in service of the communities': public · interests; c) Overseas Vietnamese allowed to buy dwelling houses associated with the right to use residenti.il land in Vietnam." 5. Point c, Clause 2 of Ai-tide 5 is supplemented as follows: "c) Jn cases \\here the economic organizations, housd10Jds or individuals are transferred the right to use agricultural, aquacultural, Jorestrial land and/or salt--making bnd, together with the change of the land use purposes ,Li permitted by competent State bodies, the: land use duration shall be calculated according to the duration of the proJects already ratified or approved by competent State agencies, but must not exceed 50 years. Particularly for households and indi\'iduals that arc transforrcd the right to use agricultural land and/ or forcstrial land and permitted by competent State bodies to change the use purposes of such land for n·~idcntial land or special-use land, the land use duration shall be stable and long-term. For-tho agricultural land acreage in excess of the liil)its .prescribed for households as result of the land use ·right transfer defined in Article 22 of the Land Law, tl1c land lease dura{;~i1.shall comply with the land lease contracts, but-shal ot exceed 20 years, for agricultural laiid u~edfor:growing annual crops and aquacultural !and; and 50:,years,·-for agricultural land used for gro\ving perenni aHrees.,'' , . . . . . 6. Article 11 is amende<.t{and-stipplemented as foUqws: ''Article 11:- Managemerit ~-11Hu.seofunreclai111ed land and unused land. · · ---- -- - · For conui1uµes, wardsahd/orid'iWi~ftoivns where exist dug-soil tuhs; deacl~@11d:Ji'vdfs, canal$, ditches, dikes, dams, traffic.road;i/drying ya!'ds; ,.varehouses, workshops, cattle' fanns or othcr,spe1,iial-use land, which arc k:ft unused; tivcrsii;ie,ot soas.ide alluvium soils, ·unreclaimed land ai1d16('tfnused land, the comnwne-level People's Cpifurlitt ees shall have to manage su.;h land areas in 6filer io pllt them to use according to plannings an~ plans on land use. The competence to assign and lease such land for production and/or business purposes or for building dwelling houses sha\! comply with the provisions in Clause 2 of this Article; the land use duration shall be .determined according to investment projects, or the application for land assignment and/or lease". 7. Article 12 is amended and supplemented as follows: 'Article 12.- Rights oforganizations assigned land by the State without the collection of land use levy. l. 01gam2ations assigned !and by the State without the collection of land use levy shall enjoy the nghts defined in Clam cs I, 2, 11, :'i, 6 and 8, Article 73 of the Land Law. Fur cco110111ic organizatwns using land defined at Point d, Clause 1, Article 7 of the No. 4 l (08-11-2001) OFFIC!/\L (i/\/C'J .. ll: Government ·s Decree No. (H-/)000/t'-i D-Cl-' crf February 11, 2000, they shall also crdoy the right to mortgage and guarantee their O\Yn propcn-1cs associated with the land use right to borro\\" capital at cn::dit institutions licrnsed to operate in Vietnam 2. For State cntc1prises using agricultural, forcstrial land, aquaculture 1 and and/or salt--making I and assigned by the State before January L l 999, apart from the rights defined in Clause l of this Article, they shall also ei~oy thi.:: right to mortgage their own properties associated with the right to use such land at credit institutions licensed to operate in Vietnam to borrow capital for their production and/or bt1sincss activities; contribute capital with the limd use right value for production and/or bµsiness cooperation with domestic and/or foreign organizations and/or individuals forthe continued use for the purposes of agricultural production,•forestry, aquaculture or salt maki ng, as well as the expansion of processmg industries and servicps in order to devdop productiott" 8. Article 14 is amended and supplemented as follows: · · "Article 14i.; Rights of ho~seho!ds and individuals assigned land bythe State witl10ut the collection of land use levy. · · · · Households and individuals assigned land by the State without the co llcction cifl~nd use levy shall enjoy the rights defined in Clauses 1, 2, 4; 5, 6 and 8, Article 73 of the Land La\v, n1ay cxchm1ge: transfer, lease, sublease, bequeath, mortgage and guaranteethe land use right value accotdi11g to .the provisions of land legislation: in addition, they shall also have tl1c right to contribute capital with the land use right value during the land assignment tcnn for production and/ or business cooperation with domestic organizations and individuals; in cases where they contribute capital with the land use right value for production and/cir business cooperation witl1 domestic organizations and/ or individuals, thus changing the land use purposes, they must be permitted by the competent State bodies prescribed in Article 24a of the Land Law and pay charges for changing the land ust: purposes, but shall not have to switch to rent such land; if the:,' fail to pay such charges, they shall h::rve to rent such lamL·., 9, Clause 3 of Article 16 is amended and supplemented as follows: "3. To mortgage or guanrntcc their land use ngbt 1·;1iul: and IHOpc1·tics affixed to such bnd at cn;dit inst1tut1ons licensed to operate Jll V1ctn;:u11". J 0. Points c and f, Clause I of A,tidc 23 are amended and supplemented as follows: '·c) To propose the Gcrvernrncnt to assign land for construction of infr:1structu1-c works and irnplcmcn tation of the investment projects that use land fund ro create capital for the co11struct1on of infrastructure: J) To guide the dabmatio11 of investment projects on the land plot returned to the investors according to the appi"oved planning and propose the Government to assign land to the ii1Vcslors." 11. Article 26 is amended and supplemented as follows: 'Article 26.- Households and individuals that change the purposes of using agrictdturaL forcstrial, aquacultural or salt-making bi,d. ·· Households and individuals, thaLuse agricultural, forcstrial, aquacultural or salt-making land and are pcrmi ttcd by the competent S tatc agencies defined in Article 24a of the Land Law to change the Jund use purposes shall not have to changdto rent such hmd but pay charges for the change of fand use purposes: if they fail to pay such charges, they shall have to rent such land. The levels of charges for changing the u sc puqJosc,s from agricultural, forestrial, aquacultiiral or salt-making land into special-use la11d shall comply \Vith the provisions at Points a and b, Clause. I, Article 6 of the Government's Decree No. 38/2000/N D-C P of August 23, 2000 on the collection ofland use levy for the entire land area entitled to the change of use purposes." 12. To amend and supplement Clause 2 and supplement Claus" 4 of Article 27 as follows: 'Article 2 7.- Econornic orgamzations that arc transferred the land use right :rnd chang1: the land use purpose. 2. For economic organizal1ons that arc transferred the right to use agricultural, fi:ircstnaL aqu;1cnlturn! or salt--rnaking J;md \\ itb the n1011cy paid for such transfer having not origmalcd from lhe S!ak budgl:l, 1\·hc11 being permitted ll.v the compeknl Suw agencies to ch:1ngc tlH: use or land fol' special p1.1rpusc, !"he~ shall not have to S\\·itch !o rcnl such l:rnd hut lo pay char-gc:s for ch;1 ng i ng the la11 d use p u 1l1 use~ as OFFICIAL CiAZETTf No.41 (08-11-2001) prc.:scribcd by l:m. 1r they fail to pa\' such ch;:irgc~. th..::: skill h:n-clo rent such land The land use duration shall be calcubtcd according to the duration of the 1111 cs\mcnt pro 1ccts aln:;1dv ratified by cmnpctcnl Staie agencies, but shall not exceed SO years. ,J. Economic orgarnzat1011:; th,11 arc assigned land b\ the State ,,·ithout the collection of land use levy for tL'c for the purposes of agnculLural product1un. forcstr y. aquactdturc or s~1lt niaking, slial L 1\fa:11 being pcrrnittc<l by tlic provincial-k:vcl People ·s Coinmittccs tu change the land use purposes, have to comply with the roJ\011 mg prov1s1ons. a) !·or c.iscs ofbmlding d11dling houses for sale or lease. the Jami use lc1,,~- must be paid accordmg to the prr)\'J~IOHS of laws, b) FoJ cases of Conductmg production and/or busmess activities, they shall have to rent such Ian:! and the land rcllt duration shall comply with the duration of the investment pro.iccts ratified by the co111pctcnt State- agencies, but must not exceed 5U years. except for.cases ,\hcrl'. th1;: land 1s used for public purposes as defined m Article 4 of Decree No. 04/ /,U()O/ND-CP." 13. ~oint a, Clause 3 of Article 30 is amended and suPplemented as follows: .. a) To mortgage or guarantee the value ofthc ngbt to use the subleased bnd and their O\\"Jl properties <1Hixed to such subleasrd land at credit instilutmns l1u;1rn·d to operate in Vietnam to borrow capital for their production and/or business according to the )Jl"OV JSIOl\S of ]a\VS," 1 4. The phrase "to compensate for damage" in Artirlcs J and 20, and the phrase "to compensate" i11 Ariide 19 of Decree No. 04/2000/ND-CP are replaced with the word "compensation," ·ro add tl1c phrase '·the communes· postal-cultural pom1.~·, to the phmse '"cultural works" in Clause 2. Articli..: 4 of Decree No 04/2000/ND-CP Article 2.- Rcspons1bilit1cs or the Gcncr;:d I ,and A1hmmstratio11 The General Lrnd Admimstrnt1011 shall prov1clc gL11dancc 011 dossiers and proccdurs:s for. land assignment ;rnd kasc, the procedures for S\\ itching !he use purposes of agricultural land. from gr0\\ 111g 1vct rice to :1qt1aculturc, from grm, mg perennial trees to a1rn11al crops. Article 3.- Responsibility of the m1n1stncs. mm1sterial-lcvcl agcnc1es. agencies aUached to the Government Peoples Committees of v:nious levels and land users The m1n1s1crs, the heads of mn11ster1al-lcvd agencies the lwads of agencies attached to the Government. the pn;s1deuts ofthc Pc.op!e·s Com1rnttces or vario11s levels and thc land users shall have 1111plcme11t this Decree. Article 4.- !mplcmcntation effect This Decree takes effect as from October 1. 2001. The previous regulations contrary to this Decree shall all be annulled. On hc!ta(f of/he Government Prim/! Minister PHAN VAN KHA!