GOVERNMENT OF VIETNAM | SOCIALIST REPUBLIC OF VIETNAM |
No. 102/2024/ND-CP | Hanoi, July 30, 2024 |
DECREE
ELABORATING CERTAIN ARTICLES OF THE LAND LAW
Pursuant to the Law on Government Organization dated June 19, 2015 and the Law on Amendments to the Law on Government Organization and the Law on Local Government Organization dated November 22, 2019;
Pursuant to the Land Law dated January 18, 2024; the Law on amendments to certain Articles of Land Law No. 31/2024/QH15, Housing Law No. 27/2023/QH15, Law on Real Estate Business No. 29/2023/QH15 and Law on Credit Institutions No. 32/2024/QH15 dated June 29, 2024;
Pursuant to the Law on Planning dated November 24, 2017; the Law on Amendments and Supplements to several Articles of 37 Laws related to planning dated November 20, 2018;
At the request of the Minister of Natural Resources and Environment;
The Government hereby promulgates a Decree elaborating certain Articles of the Land Law.
GENERAL PROVISIONS
This Decree elaborates Clause 6, Article 3, Article 9, Clause 2, Article 10, Article 16, Clause 4, Article 22, Point d, Clause 1, Article 28, Clause 3, Article 28, Clause 6, Article 49. Article 65, Clause 2, Article 74, Clause 9, Article 76, Clause 10, Article 76, Article 81, Article 82, Article 84, Article 87, Article 88, Point b, Clause 5, Article 89, Clause 7, Article 89, Article 90, Article 113 , Clause 3 Article 115, Clause 6 Article 116, Clause 7 Article 116, Clause 1 Article 122, Point n Clause 3 Article 124, Clause 8 Article 124, Article 125, Article 126, Article 127, Article 172, Article 181, Article 190 , Article 192, Article 193, Article 194, Article 197, Article 200, Article 201, Article 202, Article 203, Article 204, Article 208, Article 210, Article 216, Article 218, Article 219, Article 223, Article 232, clause 8 Article 234, Clause 7 Article 236, Clause 2 Article 240, Point c Clause 2 Article 243, Point b Clause 2 Article 257 of the Land Law.
1. Regulatory agencies exercising their rights of and carrying out their responsibilities for representing land ownership of the people and performing their tasks for uniform state management of land.
2. Land users as prescribed in Article 4 of the Land Law.
3. Other subjects involved in management and use of land.
Article 3. Individuals directly engaged in agriculture
Individuals directly engaged in agriculture include persons who have been allocated land, leased out land, or recognized to have land use rights (LURs) of agricultural land by the State; and who receive LURs of agricultural land by disposition with incomes gained from agriculture on that land, except for the following persons:
1. Officials, public employees, active duty officers, professional soldiers, defense officials, defense workers and employees, officers, non-commissioned officers, public security workers, ciphering officers and other people working in cipher organizations that receive salaries from the state budget;
2. Pensioners;
3. Persons who stop working due to their loss of work ability and leave their job, thus are receiving monthly social insurance allowances;
4. Employees working under indefinite-term employment contracts.
Article 4. Detailed regulations on land types included in the agricultural land category
1. Land for annual production is the land on which crops are planted and harvested, and their production cycle ends within one year, including annual crops whose roots are retained. Land for annual production includes land for rice cultivation and other annual crop land. To be specific:
a) Land for rice cultivation/paddy cultivation is the land on which at least one rice harvest is reaped or the land that is used for both rice cultivation and other land use purposes with permission by law, in which rice cultivation is the main purpose. Land for rice cultivation includes dedicated rice cultivation land and other rice cultivation land, in which the dedicated rice cultivation land is the land on which at least 2 rice harvests have been harvested;
b) Another annual crop land is the land on which annual crops excluding rice are planted.
2. Perennial crop land is the land on which crops that are planted once, grow for many years and are harvested at least one time.
3. Forestry land is the land serving the management, protection and development of dedicated forests, protective forests and production forests according to the provisions of forestry law, specifically classified as follows:
a) Dedicated forest land is land on which there is a dedicated forest according to the provisions of forestry law, or land that has been allocated for development of dedicated forests;
b) Protective forest land is land on which there is a protective forest according to the provisions of forestry law, or land that has been allocated for development of protective forests;
c) Production forest land is land on which there is a production forest according to the provisions of forestry law, or land that has been allocated, leased out or repurposed for development of production forests.
4. Aquaculture land is land exclusively used for aquaculture.
5. Land for intensive farming is land for construction of livestock farms in separate areas according to animal husbandry laws.
6. Land for salt production is land used for producing salt from seawater.
7. Other agricultural land includes:
a) Land for growing seedlings, breeding animals; land for growing flowers and ornamental plants; farming, husbandry, aquaculture land serving study, research, experiment, practice;
b) Land for construction of greenhouses and other types of houses serving cultivation and animal husbandry, including forms of cultivation and animal husbandry indirectly on land;
c) Land for construction of buildings attached to agricultural production zones, including land for construction of motels, shacks, and camps serving workers; Land for construction of buildings for preserving agricultural products, storing pesticides, fertilizers, machinery, tools and other auxiliary works.
Article 5. Detailed regulations on land types included in the non-agricultural land category
1. Homestead land is the land for housing and other purposes serving life in the same parcel of land. Homestead land includes rural homestead land and urban homestead land. To be specific:
a) Rural homestead land is the homestead land within the administrative boundaries of a commune, except homestead land within the administrative boundaries of a commune on which a new urban area development project has been executed under the rural area and urban area development planning;
b) Urban homestead land is the homestead land within the administrative boundaries of a ward or a commune-level town, and homestead land within the administrative boundaries of a commune on which a new urban area development project has been executed under the rural area and urban area development planning.
2. Land for construction of headquarters includes land used for construction of headquarters of the Communist Party of Vietnam, regulatory agencies, Vietnamese Fatherland Front, socio-political organizations, socio-political-professional organizations, socio-professional organizations, social organizations and other organizations established in accordance with laws and assigned tasks and funded by the State for operating expenses, except land for construction of headquarters of public service providers attached to public service projects specified in Clause 4 of this Article.
3. National defense and security land is land used as military stations or headquarters; military bases; national defense works, battlefields and special national defense and security works; building stations, ports, airports, helicopter take-off and landing sites and works serving flight operations at airports, military and police helicopter take-off and landing sites; military and security information works; Industrial, scientific and technological, cultural and sports projects directly serving national defense and security; warehouses of the people’s armed forces; shooting ranges, training grounds, weapon testing sites, weapons destruction sites; training institutions, professional training and re-training centers, convalescene, nursing and rehabilitation facilities, medical facilities of the people’s armed forces; public housing of the people’s armed forces; detention facilities; compulsory educational institutions; reformatories and labor, rehabilitation, vocational guidance and training areas for prisoners, camp inmates and students that are managed by the Ministry of National Defense and the Ministry of Public Security.
4. Land for construction of public service works includes the followings:
a) Land for construction of cultural facilities is land for construction of cultural works including conference centers, theaters, cultural houses, cultural centers, cultural palaces, clubs, cinemas, circuses ; symbolic and artistic works (outdoor monuments, welcome gates, squares, memorial stelae, etc.); children’s palaces, children’s houses, children’s activity centers, museums, exhibition houses, libraries, literary creation establishments, artistic creation establishments, art galleries, headquarters of art troupes and other cultural works established or permitted to operate by the State;
b) Land for construction of social facilities is land for construction of social service projects, including social work service provision centers and social protection facilities; treatment – education – social labor centers; nursing centers for meritorious people; children’s support facilities; care facilities for the elderly, people with disabilities, and children in special circumstances; facilities for raising children in difficult circumstances and other social facilities established or permitted to operate by the State;
c) Land for construction of medical facilities is land for construction of medical works including hospitals, maternity homes, medical centers, medical stations and other types of medical facilities; medical rehabilitation facilities, nursing facilities; preventive health facilities; sex facilities; medical testing and research facilities; land for raising animals, land for raising and growing medicinal herbs for medical purposes; inspection facilities; medical assessment facilities; forensic examination facilities; forensic examination facilities; drug manufacturing facilities; medical equipment manufacturing facility; treatment facilities for people infected with HIV/AIDS, mentally ill people and other medical facilities established or permitted to operate by the State; including areas for offices, places for business and services such as pharmacies, restaurants, motels for patients’ families, and paid parking lots within medical facilities, except medical facilities managed by the Ministry of National Defense and the Ministry of Public Security;
d) Land for construction of educational and training establishments is land for construction of works serving education and training, including preschool education establishments, general education establishments, continuing education establishments, and specialized schools. In particular, higher education institutions, vocational education institutions and other educational and training institutions established or permitted to operate by the State; including areas for offices, dormitories for students, places to sell school supplies, restaurants, parking lots and other functional areas within the scope of education and training establishments, except for education and training establishments managed by the Ministry of National Defense and the Ministry of Public Security;
d) Land for construction of physical education and sports facilities is land for construction of facilities serving physical education and sports established or permitted by the State to operate, including sports complexes, training centers for sports athletes, sports centers, stadiums; fairways, driving ranges in golf courses and trees, water, landscape of golf courses, construction items serving the management, operation, exploitation, use and business of golf courses (except accommodation facilities and services for golfers); swimming pools and other exercise, training, and sports competition facilities; Offices, places for sale of tickets, souvenirs, fitness and sports equipment, parking lots and other facilities serving fitness and sports within the scope of fitness and sports facilities ; except for fitness and sports facilities managed by the Ministry of National Defense and the Ministry of Public Security;
e) Land for construction of science and technology facilities is land for construction of works serving science, technology and innovation activities of organizations such as: organizations of science and technology research, development and services; innovation and entrepreneurship support organizations; technology incubators, science and technology business incubators; incubator facilities, technical facilities, innovation centers, startup centers; start-up assistance centers; laboratories; research facilities of science and technology enterprises; science and technology parks; science museums; measurement standard system; information infrastructure, science and technology statistics; common working areas supporting startups and physical and technical facilities of science, technology and innovation organizations and other science and technology facilities established or permitted to operate by the State;
g) Land for construction of environmental facilities is land for construction of works serving environmental protection and biodiversity conservation, including works serving prevention of and response to environmental emergencies; works serving monitoring of biodiversity conservation and other environmental protection works;
h) Land for construction of hydro-meteorological facilities is land for construction of hydro-meteorological works, including hydro-meteorological stations, climate change monitoring stations and other hydro-meteorological works;
i) Land for construction of diplomatic facilities is land for construction of diplomatic headquarters, including diplomatic missions (embassies), foreign consulates (consulates), representative agencies of international organizations in Vietnam, representative offices of foreign diplomatic organizations, non-governmental diplomatic organizations; State-managed diplomatic corps;
k) Land for construction of other public works is land for construction of public works according to the provisions of law other than those specified in Points a, b, c, d, dd, e, g, h and i of this clause.
5. Land used for non-agricultural business and production purposes, including:
a) Land for industrial parks and industrial clusters is land for construction of industrial and handicraft production works, concentrated information technology parks; including workers’ accommodation in industrial zones, service works for industrial and handicraft production, infrastructure works and other works in industrial zones, industrial clusters, concentrated information technology parks;
b) Commercial land is land for construction of commercial establishments and other works serving business, service, and commerce; accommodation facilities and services for golfers (except for fairways of golf courses, driving ranges within golf courses and trees, water, landscape, and construction items serving management and operation, exploitation, use, and trading of golf courses); headquarters and representative offices of business organizations; land for warehouses and storage yards of business organizations outside production areas; beaches affixed to business and service establishments;
c) Non-agricultural production establishment land is land for construction of industrial, small-scale, and handicraft production works other than those specified in point a of this Clause, including headquarters and other works serving production or employees affixed to production facilities; land for warehouses and storage yards affixed to production areas;
d) Land used for mineral-related activities is land for mineral exploration, mineral exploitation or both mineral exploitation and processing, land for construction of works serving mineral-related activities, including workhouses, mid-shift rest houses and other works serving employees affixed to mineral exploitation areas and safety corridors in mineral-related activities that have been licensed or permitted to operate by competent regulatory agencies according to mineral laws, investment laws and other relevant laws.
6. Land used for public purposes, including:
a) Land for traffic works is land for construction of traffic works, including expressways, motorways, urban roads, rural roads (including bypass roads, rescue roads and field roads/paths serving everyone’s general travel needs), bus stops, passenger pick-up and drop-off points, traffic toll stations, warehouse buildings, car garages, parking lots; ferry terminals, bus stations, toll stations, rest stops; types of railways, railway stations; tramways; types of bridges and tunnels serving traffic; inland waterway works, maritime works; airports, including land for construction of headquarters of regularly operating state agencies and land for construction of airport infrastructure, take-off and landing areas and aircraft aprons; cableways and cable stations; fishing ports and dry ports; headquarters, offices, and business and service establishments in stations, ports, and bus stations; safety corridors of traffic works that require land repossession; Other structures serving transportation and other construction works according to the provisions of law on transportation;
b) Land for irrigation works is land for construction of dykes, embankments, culverts, dams, spillways, hydraulic tunnels, water supply, drainage and irrigation systems mainly serving agricultural production, including protection corridors for irrigation works that require the use of land; key irrigation works including offices, warehouses, production, repair and maintenance facilities for irrigation works within the scope of the irrigation works;
c) Land for water supply and drainage works is land for construction of water plants, water pumping stations, all kinds of tanks, water towers, water supply and drainage lines; water, mud and sludge treatment works, including offices, warehouses, production, repair and maintenance facilities for water supply and drainage works outside industrial clusters, industrial parks, and concentrated information technology parks, export processing zones, concentrated production and business zones and other works according to the provisions of law;
d) Land for natural disaster prevention and management works is land for construction of works serving natural disaster prevention and management, including dikes serving prevention of flooding, drought, saltwater intrusion, landslides, land subsidence, flash floods, and lightning; places of refuge for ships, emergency evacuation shelters and other works serving natural disaster prevention and management;
d) Land with historical-cultural monuments, famous landscape, sights, natural heritage is land with a historical-cultural monument, famous landscape, sight or natural heritage that has been ranked or included in the inventory list of relics by the People’s Committee of the provincial-level administrative division according to the law on cultural heritage;
e) Land for waste treatment works is land for construction of transfer stations; landfills; treatment complexes, treatment areas, waste treatment facilities, hazardous waste including workplaces, warehouses, facilities of production, repair and maintenance of waste treatment works and other works and construction items serving waste treatment according to the provisions of law;
g) Land for energy and public lighting works is land for construction of power plants and auxiliary works of power plants; dams, embankments, and water pipelines serving hydroelectric plants; systems of power transmission lines and transformer stations; works intended for commercial service provision, repair and maintenance within the premises of power plants; public lighting systems; drilling rigs, petroleum extraction and processing works, petrochemical refineries, gas processing plants, biofuel production plants; crude oil warehouses, pump stations and warehouses, systems of pipelines and safety corridors for ensuring technical safety; works intended for commercial service provision, repair and maintenance within the premises of petroleum extraction and processing works, petrochemical refineries, gas processing plants, biofuel production plants and other construction works serving energy and public lighting works according to the provisions of law;
h) Land for post, telecommunications, and information technology infrastructure (except land for concentrated information technology parks as prescribed in Point a, Clause 5 of this Article) is land for construction of houses, stations, antenna towers, utility poles, culverts, tanks, cable pipes, trenches, technical tunnels and other related technical infrastructure works for installation of telecommunications equipment and equipment installed therein in service of telecommunications; data centers; including safety corridors of works which are only used for ensuring technical safety and not used for other purposes; systems of facilities dealing with postal articles and postal services; post offices and cultural centers of communes; works intended for commercial service provision, repair and maintenance within the premises of post, telecommunications and information technology works;
i) Land for residential markets and wholesale markets is land for construction of markets as prescribed in market development and management laws;
k) Land for public entertainment, recreation and community activities is land for construction of works or land without any works but reserved for public entertainment, including parks, flower gardens, beaches and other public entertainment areas, excluding movie theaters, circuses, theaters, and game service providers; meeting facilities and other activities in accordance with the customs and practices of the local community.
7. Religious land is land for construction of religious works, including: pagodas, churches, chapels, cathedrals, holy houses, Buddhist temples, monuments, steles, towers belonging to religious establishments; religious training establishments; headquarters of religious organizations, affiliated religious organizations and other legal religious works.
8. Belief land is land on which belief works are built, including: communal houses, temples, hermitages, shrines, Vietnamese ancestral houses, monuments, steles and towers belonging to belief establishments; pagodas that are not regulated in Clause 1, Article 213 of the Land Law, Clause 7 of this Article and other belief works.
9. Land used for cemeteries, funeral service centers and cremation centers; land for ashes storage facilities is land used for centralized burial sites, funeral homes, cremation facilities, ashes storage facilities and other auxiliary works serving burial, cremation and storage of ashes.
10. Dedicated water-covered land is water-covered land of hydrological objects such as ponds or lakes and lagoons and rivers, streams, canals, creeks or streams used for determined purposes other than aquaculture purposes.
11. Other non-agricultural land includes land with works intended for production and commercial service provision or empty land that is allocated, leased, or repurposed with permission (without any works) and does not fall into the cases specified in Point c, Clause 7 Article 4 and Clauses 1, 2, 3, 4, 5, 6, 7, 8, 9 and 10 of this Article.
Article 6. Detailed regulations on land types included in the vacant land category
Vacant land is unallocated/unleased land whose use purposes have not been determined yet. To be specific:
1. Land repossessed by the State according to the provisions of law on land that has not been allocated or leased for use but assigned to the commune-level People’s Committees or land bank development organizations for management;
2. Vacant flat land is unused land in flat areas in plains, valleys, and plateaus;
3. Vacant mountainous land is unused land on sloping terrain in hilly and mountainous areas;
4. Rocky mountain land without forests is unused land in the form of rocky mountains on which there is no forest;
5. Vacant water-covered land is water-covered land that has not been allocated or not leased or whose land use purpose has not been determined as prescribed in Articles 4 and 5 of this Decree.
Article 7. Determination of land types in cases where the instruments prescribed in clause 1 Article 10 of the Land Law are not available and where the land type determined on the granted instruments is different from any of the land types classified in the Land Law or the current use of the land
1. If the instruments specified in clause 1 Article 10 of the Land Law are not available, the land type shall be determined according to the current use of the land.
2. If an instrument specified in clause 1 Article 10 of the Land Law is available but the land type determined on the granted instrument is different from any of the land types classified in Article 9 of the Land Law and Articles 4, 5 and 6 of this Decree, the land type shall be determined according to the provisions of Article 9 of the Land Law and Articles 4, 5 and 6 of this Decree.
Specific land types shall be classified during the implementation of relevant contents of state management in terms of land.
3. In case a land user is using land whose instrument has been granted according to the provisions of clause 1 Article 10 of the Land Law and the land type stated on the instrument is different from the land type of current use, the land type shall be determined according to such instrument, except for the following cases:
a) In case the instrument prescribed in point b clause 1 Article 10 of the Land Law has been granted and the land was used stably before October 15, 1993, and the land type written on the instrument is agricultural land but the land is being used for non-agricultural purposes, the land type shall be determined according to the current use as in the case specified in Clause 2, Article 138 of the Land Law;
b) In case the instrument prescribed in point b clause 1 Article 10 of the Land Law has been granted and the land was used from October 15, 1993 onwards, and the land type written on the instrument is agricultural land but the land is being used for non-agricultural purposes, the land type shall be determined according to the current use as in the case specified in Clause 3, Article 138 of the Land Law.
Article 8. Land-related support for ethnic minorities
1. The land-related support for individuals who are ethnic minorities specified in clause 3 Article 16 of the Land Law shall be as follows:
a) In case homestead land is no longer available, homestead land will be allocated or another land type will be converted into homestead land; land levy will be exempted provided that the land area is within the homestead land allocation limits as prescribed by the province-level People’s Committee.
In case there is not enough homestead land available in comparison with the homestead land allocation limits, another land type will be converted into homestead land and land levy will be exempted provided that the land area is within the homestead land allocation limits;
b) In a case where agricultural land is no longer available or the area of agricultural land in use is less than 50% of the land area within the local agricultural land allocation limit, agricultural land shall continue to be allocated within the limit.
2. The responsibilities of the commune-level People’s Committees and the district-level People’s Committees in land support land-related support for individuals who are ethnic minorities
a) The commune-level People’s Committees shall review and make a list of cases specified in clause 7 Article 16 of the Land Law and report to the District-level People’s Committees before October 15 every year;
b) The district-level People’s Committees shall survey, determine the area and repossess land in the cases specified in clause 7 Article 16 of the Land Law, including the cases where ethnic minorities violate policies on land and cases where ethnic minorities have land that is allocated or leased out by the State according to the provisions of clause 3 Article 16 of the Land Law but no longer use it.
c) The district-level People’s Committees shall prepare a plan for land-related support for individuals who are ethnic minorities on the basis of land banks specified in clause 4 Article 16 of the Land Law. The plan must specify cases eligible for support, area of support, and form of land-related support for individuals who are ethnic minorities;
d) The district-level People’s Committees shall propose to the province-level People’s Committees to decide the area of land allocated or leased to implement policies on land-related support for individuals who are ethnic minorities in accordance with the local conditions and land bank as prescribed in Clause 5, Article 16 of the Land Law.
3. Budgets specified in Clause 8, Article 16 of the Land Law shall be allocated from local government budgets and other legal capital sources according to the provisions of law. In case local authorities cannot balance budgets themselves, the province-level People’s Committees shall report to the Ministry of Finance for submission to the Prime Minister for consideration and decision.
Article 9. Regulations on foreign-invested business organizations receiving investment capital that is LUR value by conveyance
1. A foreign-invested business organization is allowed to receive investment capital that is LUR value of a business organization provided that the business organization is using land originated from the land allocated by the State with land levy collection or leased out by the State under one-off arrangement through conveyance and the LUR value has become the charter capital of the business organization.
2. In case of receiving investment capital that is value of rights to use land in a border commune, ward or commune-level town; coastal commune, ward or commune-level town; island; another area that affects national defense and security, the receipt of investment capital that is the LUR value by conveyance shall comply with investment laws and relevant laws.
3. Foreign-invested business organizations using land received from the conveyance of investment capital that is LUR value according to the provisions of clause 1 of this Article shall have rights and obligations specified in clause 3 Article 41 of the Land Law.
Article 10. Regulations on receipt of rights to use land in zones with limited access to land
1. Zones with limited access to land are zones within communes, wards, and border towns; coastal communes, wards and towns; island; Other areas that affect national defense and security according to investment laws and housing laws.
2. For a land-based investment project, it is required to have consultation with the Ministry of National Defense and the Ministry of Public Security if the foreign-invested business organization or person of Vietnamese descent residing overseas requests the State to allocate or lease out land in a zone with limited access. The consultation with the Ministry of National Defense and the Ministry of Public Security shall comply with the provisions of investment law.
3. In case a foreign-invested business organization or person of Vietnamese descent residing overseas receives LURs by conveyance as prescribed in point c clause 1 Article 28 of the Land Law, or a foreign-invested business organization receives LURs contributed as capital as specified in point d clause 1 Article 28 of the Land Law to execute an investment project in a zone with limited access to land, it is required to consult with the Ministry of National Defense and the Ministry of Public Security as follows:
a) The receiver of LURs by conveyance or receiver of LURs contributed as capital shall request in writting the People’s Committee of a province-level division to which the land belongs for permission to receive LURs that are conveyed or contributed as capital in the zone with limited access to land;
b) Within 05 working days from the date of receipt of the written request, the Province-level People’s Committee shall send a consultation paper to the Ministry of National Defense and the Ministry of Public Security for their opinions;
c) Within 20 working days from the date of receipt of the written request, the Ministry of National Defense and the Ministry of Public Security shall send a written response to the province-level People’s Committee.
4. Procedures for land allocation, land lease, receipt of LURs that are conveyed or contributed as capital shall comply with the provisions of this Decree and Decrees on basic land surveys; registration, issuance of certificates of title and land information system.
Article 11. Resolving cases of disagreement on administrative boundaries
1. In case there is no agreement on the boundaries of a province-level administrative division, based on applications and schemes of relevant provinces and central-affiliated cities, the Ministry of Home Affairs shall take charge and cooperate with relevant agencies in reviewing and proposing to the Government for consideration and decision. In case there is no agreement on the boundaries of a district-level/commune-level administrative division, the People’s Committee of the province-level division where the district-level/commune-level administrative division disagrees on administrative boundaries shall direct preparation of applications and schemes and submission to the Ministry of Home Affairs for appraisal and submission to the Government for consideration and decision.
In case the resolution changes the boundaries of an administrative division, leading to the need to adjust boundaries of administrative divisions at all levels, the adjustment shall comply with the provisions of the Law on Organization of Local Governments and the Resolutions of the Standing Committee of the National Assembly on standards of administrative divisions and classification of administrative divisions.
2. The Ministry of Natural Resources and Environment, and province-level and district-level land authorities shall provide necessary documents and cooperate with competent state agencies during the process of resolution and consensus on administrative boundaries.
Article 12. General regulations on following administrative procedures
1. Agencies receiving applications and giving results
a) One-stop Divisions as per regulations of the province-level People’s Committees on receiving applications and giving results of handling province-level/district-level/commune-level administrative procedures;
b) Land registries;
c) Land registry branches.
2. Methods for application submission
An organization or individual is allowed to submit their application:
a) in person at one of the agencies specified in clause 1 of this Article;
b) via a public postal service;
c) at the location agreed upon between the organization or individual and the Land registry or land registry branch; or
d) on the national public service portal or provincial public service portal or the information system for handling ministerial-level administrative procedures or the information system for handling provincial-level administrative procedures in case the original of the application is not required;
dd) In case the application is submitted according to the provisions of point a and point c of this clause, the applicant may submit copies of documents and present the originals for the officer receiving the application to check and compare or submit the originals of documents or submit copies of documents that have been notarized or authenticated according to the provisions of law on notarization and authentication.
In case the application is submitted according to the provisions of point b and point d of this clause, the applicant may submit copies of documents that have been notarized or authenticated according to the provisions of law or must be digitized from the originals.
3. The results of handling procedures for an organization or individual must be given in a manner that ensures the period for handling administrative procedures specified in this Decree.
a) In case the application is invalid, within 02 working days from the date of receiving the application, the competent authority shall prepare a written notification and send it to the One-stop Division; within 01 working day, the One-stop Division shall notify the applicant of supplementation of the application according to regulations;
b) In case the results of processing the application is given after the prescribed time for handling administrative procedures, the agency receiving the application shall send a notification in writing or electronically or via SMS to the applicant with reasons for the delay;
c) In case the applicant submits copies or digitized copies from the originals of the documents, when receiving the results of handling administrative procedures, the applicant must submit the originals of the documents included in the application according to regulations in case where the originals are required, except for documents that are the investment project approval decision, investment decision, investment license, and investment certificate.
4. On the basis of local conditions of a province-level division, the province-level People’s Committee shall decide the agency receiving applications and giving results of handling administrative procedures according to regulations and regulations on receiving, rotating applications, handling and giving results of handling administrative procedures, periods of carrying out steps in administrative procedures relating land of each relevant agency or unit; the simultaneous implementation of administrative procedures (if any); the settlement between relevant agencies under the single-window mechanism within the statutory time limit; disclosure of administrative procedures and selection of locations for application submission which must ensure time and cost savings for the organization, individual, or agency competent to handle administrative procedures within the total period for following procedures as prescribed in this Decree.
5. The period for completing administrative procedures specified in this Decree shall be from the date of receiving the valid application, not including the following period for handling administrative procedures by the following agencies:
a) Period for handling administrative procedures of land authority in terms of determination of specific land prices;
b) Period for handling administrative procedures of competent agency in terms of amounts deducted from the land levy or land rent;
c) Period for handling administrative procedures of tax authority in terms of determination of land rent per unit of area, land levy or land rent payable, exempted, or reduced, or land levy, land rent, fee or charge in debt;
d) Period for fulfilling financial obligations of land user;
dd) Period agreed by the land user to accumulate agricultural land, contribute LURs, and readjust land;
e) Period for extracting cadastral surveying of a land parcel.
6. For mountainous and border communes; islands; areas with difficult socio-economic conditions; areas with extremely difficult socio-economic conditions, the period for completing each administrative procedure specified in this Article will be increased by 10 days.
7. Agencies handling administrative procedures specified in this Decree are responsible for ensuring them handling of administrative procedures within the prescribed period and are not responsible for the period taken to handle administrative procedures at other agencies .
ORGANIZATIONS PROVIDING PUBLIC SERVICES RELATED TO LAND
1. Location and functions
A land registry is a land registration organization, or a public service provider affiliated to a province-level land authority; which is responsible registering and issuing Certificates of LURs and ownership of property affixed to land (hereinafter referred to as Certificates), conducting cadastral surveying, correcting and making cadastral maps, constructing, managing, operating and using the land information system, providing public services related to land and providing assistance in another work of state management related to land in its provincial area.
2. Duties of a land registry
a) Carry out land registration for land allocated by the State to manage, register LURs and ownership of property affixed to land;
b) Carry out registration of changes in land allocated by the State to manage, register changes in LURs and ownership of property affixed to land;
c) Conduct cadastral surveying, correct and make cadastral maps, extract cadastral maps; issue, deny, revoke, cancel certificates, cancel land change registration results on certificates;
d) Check the cadastral map excerpt of a land parcel; Check and confirm the diagram of property affixed to land provided by an organization or individual serving the registration and issuance of Certificate;
dd) Prepare, edit, update, store and manage cadastral records; Receive and manage the use of Certificate forms according to the provisions of law;
e) Update, correct, synchronize and use land data; Build, manage and operate the land information system according to the provisions of law;
g) Produce land statistics and land inventories, and make land use maps;
h) Carry out registration of security interest in LURs and ownership of property affixed to land according to the provisions of law;
i) Provide dossiers, maps, information and data on land and property affixed to land to organizations and individuals as prescribed by law;
k) Collect fees and charges as prescribed by law and proceeds from the provision of public services related to land as prescribed in Article 154 of the Land Law;
l) Perform services based on functions and tasks in accordance with capacity as prescribed by law;
m) Manage officials, employees, finances and property of the Land registry; implement reporting regime according to the provisions of law on assigned work areas.
3. The organizational structure of a Land registry is decided by competent agencies and persons according to the provisions of law on public service providers and the following regulations:
a) The Land registry has specialized departments and Land registry branches. Land registry branches are located in district-level administrative divisions or local areas.
The Land registry branch may establish a specialized department if it meets the criteria for establishing a department according to the provisions of law; carries out the functions, tasks and powers of the Land registry according to decisions of competent authorities and land laws;
b) The land registry and its branches have legal status, have their own seal and are allowed to open accounts and operate according to regulations for public service providers; carry out accounting according to the decision of the Provincial-level People’s Committee.
4. Financial revenue sources of a Land registry and its branches include:
a) Funding from the state budget guaranteed according to regulations for public service providers;
b) Revenue from public services includes revenue from fees as prescribed by law on fees and charges, revenue from public services related to land, and other revenue sources as prescribed by law.
For procedures for registration and issuance of a Certificate, fee for appraisal of the application for issuance of the Certificate, including checking of the completeness of the application and the consistency of information content among the documents included in the application, conditions for registration and issuance of the Certificate according to the provisions of land law will be collected; For the remaining work of the procedure, service fees will be collected according to prices of public services issued by the Provincial-level People’s Committee.
5. Operational expenses and financial autonomy mechanisms of a Land registry and its branches shall comply with the provisions of law on public service providers and other laws.
Expenses for updating, correcting, synchronizing and using land data; building, managing, and operating the land information system are paid for by the local government budget and other revenue sources.
6. The Provincial-level People’s Committee which promulgates regulations on cooperation in implementing functions, tasks and powers between the Land registry, its branches and district-level land authorities, district-level People’s Committees, financial authorities, tax authorities and other relevant agencies and units must follow the following principles:
a) Implement in a synchronous, unified, strict, timely, public and transparent manner;
b) Clearly identify the presiding and cooperating agencies and units; responsibilities and powers of heads of agencies and units; content, deadline, and implementation method; information and reporting regime;
c) Comply with legal regulations; conform to the functions, tasks, powers, and regulations on organization and operation of each agency and unit.
Article 14. Land bank development centers
1. Functions and tasks of a land bank development center
The land bank development center is a land bank development organization or a public service provider established under the decision of the province-level People’s Committee affiliated to the province-level People’s Committee. On the basis of the local conditions, the province-level People’s Committee shall decide establishment of the land bank development center affiliated to the district-level People’s Committee.
The land bank development center has legal status and its own seal; be allowed to open an account to operate in accordance with the provisions of law.
2. Tasks of a land bank development center
a) Manage land banks specified in clause 1 Article 113 of the Land Law;
b) Set up and execute a project to create a land bank to organize an LUR auction;
c) Prepare and organize the implementation of a recompense, support and resettlement arrangement upon land repossession by the State; set up a project to create a land bank to allocate land to implement land policies for ethnic minorities; develop a land price list; determine specific land prices at the request of competent state agencies;
d) Organize the implementation of construction investment, creation and development of resettlement land banks to serve the State’s land repossession and local socio-economic development;
dd) Organize conduct of LUR auctions in accordance with law;
e) Make a list and organize short-term lease of land zones and land parcels that are assigned to manage without decisions on land allocation or land lease;
g) Perform services related to recompense, support, resettlement provision when the State repossesses land and other services in the field of land management;
h) Participate in joint ventures, associations, and cooperation with business organizations and individuals to perform assigned tasks according to the provisions of law on management and use of state property; provisions of law on autonomy mechanisms for public service providers and other relevant laws;
i) Sign contracts to hire organizations and individuals to act as consultants or perform assigned tasks according to the provisions of law;
k) Manage officials, employees, finances and property of the land bank development center according to the provisions of law; implement reporting regime according to the provisions of law on assigned work areas.
3. The organizational structure, apparatus, and autonomy mechanism of a land bank development center shall comply with the provisions of law applicable to public service providers.
4. Financial revenue of a land bank development center
a) Funding from the state budget allocated according to regulations applicable to public service providers;
b) Revenue from public services, including:
Funds for recompense, support, and resettlement when the State repossesses land and funds for managing construction investment projects according to the provisions of law.
Funds for management and operation of land banks repossessed, created and developed; Funds for management and operation of constructed building and land banks serving resettlement according to estimates approved by competent state agencies.
Proceeds from the sale of bidder applications for LURs and funds for organizing LUR auctions that are collected according to the provisions of law and specific regulations of the Provincial People’s Committee.
Profits that are distributed from joint venture and association activities; Interest on deposits at credit institutions.
Revenues from services provided according to signed contracts and according to the provisions of law.
Revenues from short-term lease of land banks.
Revenues from other public services in accordance with law;
c) Capital allocated from the state budget, and advanced from the land development fund or development and investment fund and other financial funds entrusted to perform tasks under the decision of the Provincial People’s Committee;
d) Loan capital from credit institutions;
dd) Capital from joint venture, and association for executing programs, arrangements, projects and schemes approved by competent authorities;
e) Aid, sponsorship and other sources as prescribed by law.
5. Expenditures and other contents related to operations of a land bank development center provided according to the provisions of law applicable to public service providers and other relevant laws.
6. The province-level People’s Committee shall promulgate regulations on cooperation in performing functions, tasks, and powers between a province-level land bank development center, district-level land bank development center and agencies in charge of land management, financial agencies and other relevant local agencies and units according to the principles specified in clause 6 Article 13 hereof.
LAND USE PLANS AND PLANNING
Section 1. Land use planning and plans at all levels
Article 15. National land use plans
1. A national land use plan includes:
a) Analyze and evaluate the current use of land, land use changes in the previous 5 years, and results of implementation of the national land use plan in the previous period;
b) Determine land use viewpoints and objectives meeting socio-economic development objectives during the planning period;
c) Determine land use norms during the 5-year land use plan period of the whole country for rice cultivation land, protective forest land, dedicated forest land, or natural production forest land, national defense or security land;
d) Assess the impact of the land use plan on the economy, society, environment, and assurance of national defense and security;
dd) Solutions and resources for development of the land use plan, including: solutions to protect and improve land, protect the environment, and adapt to climate change; identify resources to implement the land use plan; solutions to organize and monitor the implementation of the land use plan;
e) Develop a report on the land use plan including a summary report and system of database on the national land use plan.
2. An application submitted for approval of a national land use plan includes:
a) An application form for approval of the national land use plan;
b) A discriptive report on the national land use plan;
c) A Draft Resolution of the Government on approval of the national land use plan;
d) A report synthesizing comments from agencies, organizations, communities and individuals on the national land use plan; Copies of comments from relevant ministries, ministerial-level agencies and local authorities; report on receiving and explaining comments on the national land use plan.
3. Procedures for appraisal and approval of a national land use plan
a) The Ministry of Natural Resources and Environment shall propose to the Prime Minister to establish a national land use plan appraisal council;
b) The Ministry of Natural Resources and Environment shall a land use plan dossier to members of the national land use plan appraisal council for consultation;
c) Within 15 days from the date of receipt of a valid dossier, the members of the national land use plan appraisal council shall send comments in writing to the Ministry of Natural Resources and Environment;
d) After receiving the comments, the Chairperson of the council shall hold a meeting of the national land use plan appraisal council;
dd) After the meeting, the Ministry of Natural Resources and Environment shall complete the national land use plan dossier and submit the national land use plan for the Government’s approval.
4. In case of adjustment to a national land use plan, the adjustment shall be made as in the case of preparing a national land use plan specified in this Article.
5. The Ministry of Natural Resources and Environment shall provide technical regulations on the preparation and adjustment of national land use plans.
Article 16. Consultation about national land use plans
The consultation about a national land use plan shall be as follows:
1. The chosen subjects of the consultation about the national land use plan include the Central Committee of Vietnam Fatherland Front, ministries, ministerial-level agencies and provincial-level People’s Committees.
2. Contents of the draft national land use plan will be consulted, except for the contents relating to state secrets in accordance with the provisions of law.
3. The consultation with the Central Committee of Vietnam Fatherland Front, relevant ministries, ministerial-level agencies and provincial-level People’s Committees on the national land use plan shall be as follows:
a) The agency preparing the national land use plan shall send the dossier on the national land use plan for consultation;
b) Agencies that are consulted with shall have a written response within 30 days from the day of receipt of the dossier on the land use plan.
4. The agency preparing the national land use plan shall consolidate, receive and explain comments before submitting the national land use plan for appraisal.
Article 17. Organization of preparation and implementation of national land use plans
1. After the national land use planning is approved, the Ministry of Natural Resources and Environment shall submit the national land use plan for the Government’s approval.
2. After the national land use plan is approved, the Ministry of Natural Resources and Environment shall propose to the Prime Minister to allocate the land use norms of the plan period to the provincial-level administrative divisions, the Ministry of National Defense, and the Ministry of Public Security.
3. The Ministry of Natural Resources and Environment shall inspect and monitor the conformity with the land use norms in the national land use plan allocated by the Prime Minister.
4. The Provincial-level People’s Committee shall, based on the land use norms allocated by the Prime Minister in the national land use plan, direct the organization of preparation, adjustment and implementation of the land use planning or plan according to the allocated land use norms.
Article 18. Provincial-level land use planning
1. Contents of the provincial land use planning
a) Analyze and evaluate natural, economic, social factors, resources, and context of the province-level division or region that directly impacts the land use of the province;
b) Analyze and evaluate the land management and use following contents of state management of land specified in Article 20 of the Land Law relating to the province-level land use planning;
c) Analyze and evaluate the current use of land, changes in land use for 10 years ago, results of implementing land use planning in the previous period according to land types specified in Article 9 of the Land Law and Articles 4, 5 and 6 of this Decree;
d) Consolidate and evaluate land quality, land potential, land pollution, and land degradation on the basis of the results of implementing the contents specified in Article 53 and Clause 3, Article 55 of the Land Law in the province;
dd) Determine viewpoints and objectives for land use during the planning period;
e) Forecast the changing trend of land use during the planning period;
g) Develop a land use orientation during the 10-year planning period, with a vision for land use planning of from 20 to 30 years, associated with land use zoning and space on the basis of land potential that meets the need for using land for socio-economic development; ensure national defense and security; protect environment, prevent and mange natural disasters, and adapt to climate change in province;
h) Determine land use norms by land type, including land use norms allocated according to the national land use planning to provincial-level division and the area of land of the remaining types specified in Article 9 of the Land Law and Articles 4, 5 and 6 of this Decree according to the needs for land use of provincial-level division to each district-level division;
i) Phase planning for each 5-year planning period according to the content specified in Point h of this Clause to each district-level division;
k) Assess the impact of the land use plan on the economy, society, environment, and assurance of national defense and security;
l) Solutions and resources for development of the land use planning, including: solutions to protect and improve land, protect the environment, face natural disasters, and adapt to climate change; identify resources to implement the land use planning; solutions to organize and monitor the implementation of the land use planning;
2. Mapping, developing and updating data on the province-level annual land use planning to the national land database.
a) The map system includes: Province-level land use map, province-level future land use map, thematic maps. The mapping shall comply with the provisions of law on mapping;
b) Developing and updating data on the land use planning include spatial data and attribute data information fields.
3. An application submitted for approval of the province-level land use planning includes:
a) Proposal of the province-level People’s Committee;
b) Resolution of the province-level People’s Council;
c) Descriptive report on the land use planning;
d) Map system and accompanying data (physical or digital);
dd) Report on receiving comments and explaining to the Appraisal council;
e) Draft Decision of the Prime Minister on approval for the province-level land use planning.
4. Procedures for appraisal and approval of the national land use planning
a) The province-level land authority shall complete the province-level land use planning dossier and report it to the Provincial People’s Committee to submit it to the Provincial People’s Council for approval before the Provincial People’s Committee submits it to the Ministry of Natural Resources and Environment for appraisal;
b) Within 07 working days from the date of receipt of a sufficient application for consultation, the Ministry of Natural Resources and Environment shall send the province-level land use planning dossier to the members of the province-level land use planning appraisal council for consultation;
c) Within 15 days from the date of receipt of an application for consultation, the members of the province-level land use planning appraisal council shall send comments in writing to the Ministry of Natural Resources and Environment;
d) Within 10 days from the due date for the consultation, the Ministry of Natural Resources and Environment shall organize a meeting of the province-level land use planning appraisal council;
dd) Within 07 working date from the date on which the meeting of the appraisal council is held, the Ministry of Natural Resources and Environment shall send a notification of the land use planning appraisal results to the provincial-level People’s Committee.
e) The Provincial-level People’s Committee shall receive and explain the feedback of the appraisal council, complete the province-level land use planning dossier before the province-level People’s Committee submits it to the Prime Minister for approval.
5. In case of adjustment to the province-level land use planning, the adjustment shall be made as in the case of preparing the province-level land use planning specified in this Article.
6. The Ministry of Natural Resources and Environment shall provide technical regulations on the preparation and adjustment of the province-level land use planning.
Article 19. Land use plans of central-affiliated cities
1. The content of a land use plan of a central-affiliated city in the case where the province-level land use planning is not required as prescribed in clause 5 Article 65 of the Land Law includes:
a) Analyze and evaluate the current use of land, and changes in land use for 05 years ago, results of implementing the land use plan a central-affiliated city in the previous period according to land types specified in Article 9 of the Land Law and Articles 4, 5 and 6 of this Decree;
b) Analyze the objectives and targets for socio-economic development, national defense, security, environmental protection, and infrastructure development during the plan period; on the basis of the approved general planning of the central-affiliated city in accordance with the legal regulations on urban planning, the medium-term public investment plan, and the ability to attract investment capital, determine land use quotas during the plan period;
c) Determine land use quotas during the 5-year land use plan period of the central-affiliated city for the land types specified in Article 9 of the Land Law and Articles 4, 5 and 6 of this Decree of each district-level administrative division;
d) Determine the area in need of land repurposing specified in clause 1 Article 121 of the Land Law during the plan period of each district-level administrative division;
dd) Determine the land reclamation area during the plan period of each district-level administrative division;
e) Determine the vacant land area put into use during the plan period of each district-level administrative division;
g) Develop a thematic map of rice cultivation land, protective forest land, dedicated forest land, or natural production forest land;
h) Build a report explaining the land use plan of the central-affiliated city;
i) Components of the 5-year land use plan of the central-affiliated city, including: Descriptive report, 5-year land use plan data.
2. An application submitted for approval of a land use plan of a central-affiliated city includes:
a) The application form of the People’s Committee of the central-affiliated city;
b) Resolution of the People’s Council of the central-affiliated city;
c) Descriptive report on the land use plan;
d) The map system and data enclosed (in paper or digital format);
dd) Report on receiving and explaining comments of the appraisal council;;
e) Draft Decision of the Prime Minister on approval for the land use plan of the central-affiliated city.
3. Procedures for appraisal or approval of a 5-year land use plan of a central-affiliated city
a) A land authority of the central-affiliated city shall propose the establishment of a 5-year land use plan appraisal council of the central-affiliated city to the People’s Committee of the central-affiliated city;
b) Within 05 working days from the issuance date of the council establishment decision, the land authority under the central-affiliated city shall send a land use plan dossier to members of the land use plan appraisal council of the central-affiliated city for the consultation purpose;
c) Within 15 days from the date of receiving the valid dossier, the members of the land use plan appraisal council of the central-affiliated city shall give their feedback in writing to the land authority under the central-affiliated city;
d) Within 10 days after ending the period of consultation, the land authority shall provide advice to the People’s Committee of the central-affiliated city on organization of a meeting of the land use plan appraisal council;
dd) Within 15 days after receiving the notice of he land use plan appraisal results, the land authority shall complete the land use plan dossier and submit it to the People’s Committee of the central-affiliated city to be submitted to the People’s Council of the central-affiliated city for approval before the People’s Committee of the central-affiliated city submit it to the Prime Minister for approval.
4. The land use plan of the central-affiliated city shall be adjusted under the same procedures with those for preparation of the land use plan of the central-affiliated city specified in the Article.
5. The Ministry of Natural Resources and Environment shall provide technical regulations on preparation and adjustment of the land use plan of the central-affiliated city.
Article 20. District-level land use planning
1. The tasks in the development of the district-level land use planning:
a) Analyzing and evaluating natural conditions, economic factors, social issues, the current state of the environment, and climate change that affect the land use of the district-level division;
b) Analyzing and evaluating the resources of the district and province that directly affect the land use of the district-level division;
c) Analyzing and evaluating the current use of land, and changes in land use over the past 10 years, and the district-level land use planning results of the previous period according to the types of land specified in Article 9 of the Land Law and Articles 4, 5, and 6 of this Decree;
d) Analyzing and assessing the situation of land management and use according to the tasks of state management of land stipulated in Article 20 of the Land Law related to the district-level land use planning;
dd) Determining the viewpoints and objectives for the use of agricultural land category, non-agricultural land category, and vacant land category in a manner that conforms to the goals of socio-economic development, land use planning during the planning period; and meets the requirements for socio-economic development, national defense, security, environmental protection, and adaptation to climate change;
e) Forecasting the trend of land use structure change during the planning period;
g) Determining the land use quotas by land type, including the land use quotas included in the provincial-level land use planning allocated to the district-level land use planning and the area of other land types specified in Article 9 of the Land Law and Articles 4, 5, and 6 of this Decree according to the district-level land use demand of each commune-level administrative division;
h) Implement the periodization of 5-year land use plans in the district-level land use planning and develop the first-year land use plan of the planning period according to the contents specified in point g of this clause;
i) Solutions and resources for development of the land use planning: Solutions for land protection and improvement, environmental protection, disaster response, and adaptation to climate change; identification of resources for land use planning development; solutions for organizing and supervising the development of land use planning.
2. Mapping and developing the district-level land use planning, and updating data on the district-level land use planning into the national database on land.
a) The map system consists of: District-level land use map; district-level land use planning map. The making of maps shall comply with the provisions of law on mapping;
b) Developing and updating the district-level land use planning data including spatial data and attribute data.
3. An application submitted for approval of the district-level land use planning
a) Application form of the District-level People’s Committee;
b) Resolution of the District-level People’s Council;
c) Descriptive report on the land use planning;
d) The map system and data enclosed (in paper or digital format);
dd) Report on receiving and explaining comments of the appraisal council;
e) Draft Decision of the Provincial-level People’s Committee on approval for the district-level land use planning.
4. Procedures for appraisal or approval of the district-level land use planning
a) A district-level land authority shall complete the district-level land use planning dossier and submit it to the district-level People’s Committee to be submitted to the People’s Council at the same level for approval before the District-level People’s Committee submits it to the provincial-level land authority for appraisal;
b) Within 05 working days from the date of receipt of a sufficient application for consultation, the provincial-level land authority shall send the land use planning dossier to the members of the appraisal council for consultation;
b) Within 15 days from the date of receipt of the application for consultation, the members of the appraisal council shall give their feedback in writing to the provincial-level land authority;
d) Within 10 days from the last day of consultation period, the provincial-level land authority shall organize a meeting of the appraisal council and send the notice of the land use planning appraisal results to the district-level People’s Committee;
dd) Within 10 days, the district-level People’s Committee shall receive and explain comments of the appraisal council for completing the land use planning dossier and submitting it to the provincial-level land authority;
e) Within 10 days from the date of receiving the valid dossier, the provincial-level land authority shall propose the approval of the district-level land use planning to the People’s Committee at the same level for consideration.
5. The district-level land use planning shall be adjusted under the same procedures as those for development of the district-level land use planning specified in this Article.
6. The Ministry of Natural Resources and Environment shall provide technical regulations on the development and adjustment of the district-level land use planning.
Article 21. Annual district-level land use plans
1. The bases, criteria, and contents of annual district-level land use plans shall comply with the provisions of clauses 1, 2 and 3 Article 67 of the Land Law.
2. For the contents specified in points b, c and d clause 3 and clause 4 Article 67 of the Land Law, it is required to specify the location, area and boundaries of each commune-level administrative division.
3. The inclusion of land use demands in the development of district-level land use plans
a) The works and projects specified in Article 78 and Article 79 of the Land Law executed in the plan year without the documents specified in Clause 4 Article 67 of the Land Law;
b) For investment projects and in cases where individuals wishing to repurpose land must be granted approval by competent state agencies in accordance with the provisions of clause 1 Article 121 of the Land Law, not fall under the case specified in clause 5 Article 116 of the Land Law and the case of repurposing agricultural land to commercial land with the area of at least 0,5 ha, the individuals must register their land use demands with the Commune-level People’s Committees which will send reports on the registration to the district-level People’s Committees for inclusion of the land use demands in the annual district-level land use plans.
4. Determining the area in need of land repurposing specified in clause 1 Article 121 of the Land Law of each commune-level administrative division in the plan year.
5. Determining solutions for implementing the annual district level land use plans.
6. Mapping annual district-level land use plans
a) The annual district-level land use plan maps for areas with projects or projects listed in the land repossession and land repurposing categories represented on the district-level land use planning map or on the general planning map or zoning planning map approved in accordance with urban planning laws;
b) Maps or drawings showing locations, boundaries, area, and types of land for the works and projects specified in point a of this clause of each land parcel on the cadastral map. In the absence of a cadastral map, the commune-level land use maps shall be used instead.
7. An application submitted for approval of an annual district-level land use plan
a) Application form of the District-level People’s Committee;
b) Descriptive report on the land use plan;
c) The system of accompanying tables, diagrams, maps, and data (in paper or digital form);
d) Draft Decision of the Provincial-level People’s Committee on approval for the annual district-level land use plan.
8. Procedures for appraisal or approval of the annual district-level land use plan
a) The district-level People’s Committee shall submit the annual district-level land use plan dossier to the provincial land authority for appraisal;
b) Within 05 working days from the receipt of a sufficient and valid dossier, the provincial land authority shall send the annual district-level land use plan dossier to relevant departments and local authorities for consultation;
b) Within 15 days from the receipt of the valid dossier, the departments and local authorities shall give their feedback in writing to the provincial-level land authority;
d) Within 05 working days from the last day of consultation period, the provincial-level land authority shall compile feedback and send a notice of results of appraising the annual district-level land use plan dossier to the district-level People’s Committee for completion of the dossier;
dd) Based on the completed annual district-level land use plan dossier, the provincial land authority shall propose completion of approval of the dossier before December 31 of each year by the provincial People’s Committee.
9. In the process of implementing the annual district-level land use plan, based on the local conditions, the provincial People’s Committee shall direct the district-level People’s Committee to formulate and adjust the annual district-level land use plan. The annual district-level land use plan shall be adjusted under the same procedures as those for preparation of the annual district-level land use plan specified in this Article.
10. The Ministry of Natural Resources and Environment shall provide technical regulations on the preparation and adjustment of annual district-level land use plans.
Section 2. PRINCIPLES AND CRITERIA FOR ALLOCATION OF LAND USE QUOTAS, CONDITIONS FOR PLANNING CONSULTING FIRMS
Article 22. Principles and criteria for allocation of land use quotas
1. Principles for allocation of land use quotas
a) The allocation of land use quotas for each administrative division must ensure the land use demands of all sectors and fields, be in accordance with the land potential of the division; enhance the effective use of land resources to achieve socio-economic development goals; ensure national defense and security; protect the environment, prevent natural disasters, and adapt to climate change;
b) Ensuring compliance with land use orientation in the national master plan, national land use plan, and related national sector plans;
c) The allocation of land use quotas must be consistent with the conditions of land, investment resources, labor, and technical infrastructure of each administrative division;
d) Prioritizing land banks that meet the requirements for the development of a synchronous infrastructure system, ensuring connectivity for multi-sectoral and inter-regional development, economic corridors, and key development areas of the nation; land banks that satisfy the needs for development in education, healthcare, social affairs, culture, sports, social housing, and housing for the armed forces of the people.
dd) The allocation of land use planning or plan quotas must be based on the assessment of the results of the implementation of the previous land use plan or planning or the results of urban planning implementation for areas not requiring land use planning, as well as the land use orientations for the subsequent phase.
2. Criteria for allocating national land use quotas to administrative divisions.
a) Regarding rice cultivation land, the allocation is determined based on current use of land, changes in land use, results of the implementation of previous land use planning quotas; the orientation of socio-economic development that is compatible with the potential and advantages of each division; ensuring the preservation of rice cultivation land in areas with high productivity and quality; areas with land potential and advantages for rice cultivation; and the demand for land repurposing from rice cultivation to non-agricultural purposes and other purposes;
b) Regarding protective forest land, dedicated forest land, and natural production forest land, the allocation is determined based on the national forestry planning, forestry development strategy, environmental protection planning, and overall biodiversity conservation planning; the current use of land, fluctuations in land use, results of implementing the previous forestry land use planning quotas; the capacity and resources for exploiting unused land banks for forestry purposes (reforestation and regeneration management); the demand for land repurposing from forestry purposes to non-agricultural purposes and other purposes.
c) For defense land and security land, the allocation is determined based on the current use of the defense land and security land; the demand for land use to ensure national defense and security objectives; the defense land/security land use quotas decided by the National Assembly; the demand for using defense land as proposed by the Ministry of National Defense, and the demand for using security land as proposed by the Ministry of Public Security for each division.
3. Criteria for allocating quotas in provincial land use planning for district-level land use planning.
a) For rice cultivation land and another annual crop land: in addition to the criteria stipulated in point a, clause 2 of this Article, the allocation is also determined based on the land use orientation in the provincial planning; the land use demand, and the ability to change the agricultural land use structure in accordance with the socio-economic development situation of each division.
b) For protective forest land, dedicated forest land, production forest land, and perennial crop land: in addition to the criteria specified in point b, clause 2 of this Article, the allocation is determined based on the land use orientations in the provincial planning; the current use, advantages, potential, development orientations of perennial crop land connected to the region’s development chain, local advantages; and requirements regarding forest cover ratio.
c) For defense and security land: in addition to the criteria specified in point c, clause 2 of this Article, the allocation is determined based on the land use orientations in the provincial planning; the current use of defense and security land, the demand for land use, the ability to allocate land banks for defense and security purposes of each administrative division in accordance with the approved planning for use of defense land and planning for use of security land.
d) For land for intensive farming, the allocation is determined based on the current use, changes in land use; the results of the implementation of land use quotas in the previous planning period; the land use orientations in the provincial planning; the livestock development strategy; the schemes for the development of disease-free breeding areas; and the demand for using land for intensive farming development.
dd) For aquaculture land, the allocation is determined based on the current use and changes in land use; the results of implementing land use quotas in the previous planning period; the land use orientations in provincial planning; the planning for the protection and exploitation of aquatic resources; the advantages and potential of land for aquaculture; aquaculture land use demand.
e) For land for salt production, the allocation is determined based on the current use, changes in land use; the results of implementing land use quotas in the previous planning period; land use orientations in provincial planning; salt industry development schemes; and salt production land use demand.
g) For rural homestead land and urban homestead land, the allocation is determined based on the national housing development strategy, housing development programs as prescribed by the law on housing; the current use of rural homestead land and urban homestead land; land use norms; construction standards; limits on homestead land allocation; forecasts of population size, urbanization rates; development of the real estate market; results of implementing land use quotas in previous planning period; land use orientations in provincial planning; development orientations of urban and rural systems in line with the potential and advantages of each administrative division;
h) For land for construction of head offices, the allocation is determined based on the current use, changes in land use; land use demand, results of land use targets in the previous planning period; land use orientations in the provincial planning; land use norms; orientations and planning of the sector; national technical regulations on construction planning and urban planning;
i) For land for construction of public works, the allocation is determined based on the current use, changes in land use; land use demand, results of implementing land use quotas in the previous planning period; land use orientations in the provincial planning; land use norms; orientations and planning of the sector, national technical regulations on construction planning;
k) For land for industrial parks, the allocation is determined based on current use, fluctuations in land use, results of implementing land use quotas from the previous planning period; land use orientations in provincial planning; industrial development needs and capabilities; and the occupancy rate of industrial parks as stipulated by industrial park laws.
l) For land for industrial clusters, the allocation is determined based on current use, fluctuations in land use; land use demand, results of implementing land use quotas in the previous planning period; development orientations of industrial clusters; land use orientations in provincial planning; industrial development needs and capabilities, and the occupancy rate of industrial clusters;
m) For land used for mineral-related activities, the allocation is determined based on the current use, changes in land use; land use demand, the results of implementing land use quotas set in the previous planning period; land use orientations in provincial planning; mineral-related strategies and planning; measures for protection, exploration, extraction and utilization of minerals;
n) For commercial land and non-agricultural production establishment land, the allocation is determined based on the current use, changes in land use; land use demand, results of implementing land use quotas in the previous planning period; land use orientations in the provincial planning; national technical regulations on construction planning;
o) For land used for public purposes, the allocation is determined based on the current use, changes in land use; results of implementing land use quotas in the previous planning period; land use orientations in the provincial planning; national technical regulations on construction planning, classification of construction works according to relevant laws; and land use norms as prescribed by land laws and relevant laws;
p) For religious land, belief land, land used for cemeteries, funeral service centers and cremation centers, land for ashes storage facilities, the allocation is determined based on the current use, changes in land use; the results of implementing land use quotas in the previous planning period; land use orientations in the provincial planning; and land use norms as prescribed by land laws and relevant laws.
q) For dedicated water-covered land, other non-agricultural land, the allocation is determined based on the current use, changes in land use; land use demand, results of implementing land use quotas in the previous planning period; land use orientations in the provincial planning; sectoral laws, regulations, standards related to works associated with the use of water surfaces and civil engineering works; the capacity for using land for aquaculture purposes, hydropower projects, and irrigation works; and the requirements for national defense, security, disaster prevention, and response to climate change.
Article 23. Consultations on the development of national land use plans, provincial land use planning and plans, district-level land use planning, and annual district-level land use plans.
1. Eligibility requirements for a consulting firm for development of a national land use plan, provincial land use planning or plan, district-level land use planning, or annual district-level land use plan.
a) A consulting firm for development of a national land use plan must have employed at least one consulting expert who meets one of the conditions stipulated in points a, b, c, and d of Clause 2 of this Article and at least five consulting experts who meet one of the conditions stipulated in points dd, e, g, and h of Clause 2 of this Article.
b) The consulting firm for development of a provincial land use planning or plan must have employed at least one consulting expert who meets one of the conditions stipulated in points a and b Clause 3 of this Article and at least five consulting experts who meet one of the conditions stipulated in points c, d, dd, e and g Clause 3 of this Article;
c) The consulting firm for development of a district-level land use planning, or annual district-level land use plan must have employed at least one consulting expert who meets the condition stipulated in point a Clause 4 of this Article and at least five consulting experts who meet one of the conditions stipulated in points b, c, d, dd and e Clause 4 of this Article.
2. A consulting expert acting as the project leader for a national land use plan must hold at least a university degree in a field related to land management, have at least 9 years of working experience in the fields of land use planning and plan and other related specialized planning, and meet one of the following conditions:
a) Has led the development of at least one national land use planning or national land use plan;
b) Has led the development of at least one provincial land use planning;
c) Has led the development of at least one provincial land use plan;
d) Has led at least 03 plans for allocation and zoning of land for each district-level administrative division in the provincial planning;
dd) Has directly participated in the development of at least 02 national land use plannings;
e) Has directly participated in the development of at least 02 national land use plans;
g) Has directly participated in the development of at least 05 provincial land use plannings;
h) Has directly participated in the development of at least 05 provincial land use plans;
3. A consulting expert acting as the leader in development of a provincial land use planning or plan must hold at least a university degree in a field related to land management, have at least 6 years of working experience in the fields of land use planning and plan and other related specialized planning, and meet one of the following conditions:
a) Has led the development of at least 3 district-level land use plannings;
b) Has led the development of at least 3 annual district-level land use plans;
c) Has directly participated in the development of at least 05 provincial land use plannings;
d) Has directly participated in the development of at least 05 provincial land use plans;
dd) Has directly participated in the development of at least 05 district-level land use plannings;
e) Has directly participated in the development of at least 05 annual district-level land use plans;
g) Satisfy one of the requirements specified in clause 2 of this Article.
4. A consulting expert acting as the leader in development of a district-level land use planning or annual district-level land use plan must hold at least a university degree in a field related to land management, have at least 3 years of working experience in the fields of land use planning and plan and other related specialized planning, and meet one of the following conditions:
a) Has led the development of at least 3 annual district-level land use plans;
b) Has directly participated in the development of at least 02 provincial land use plannings;
c) Has directly participated in the development of at least 02 provincial land use plans;
d) Has directly participated in the development of at least 05 district-level land use plannings;
dd) Has directly participated in the development of at least 05 annual district-level land use plans;
e) Satisfy one of the requirements specified in clause 2 and clause 3 of this Article.
5. The selection of consulting firms for development of national land use plans, provincial land use plannings or plans, district-level land use plannings, or annual district-level land use plans shall be carried out in accordance with the contractor selection methods stipulated in the Bidding Law; the assignment and commissioning shall comply with regulations on assignment and commissioning for the provision of public goods using state budget.
Article 24. Responsibilities of consulting firms for development of national land use plans, provincial land use plannings or plans, district-level land use plannings and annual district-level land use plans
1. Be responsible before the law and the authorities organizing the development of national land use plans, provincial land use plannings or plans, district-level land use plannings and annual district-level land use plans regarding the quantity, duration, and quality of the products.
2. Cooperate with relevant agencies and organizations during the development of national land use plans, provincial land use plannings or plans, district-level land use plannings and annual district-level land use plans
3. Research and propose methods and approaches for determining land use quotas and solutions for organization of development of national land use plans, provincial land use plannings or plans, district-level land use plannings and annual district-level land use plans.
LAND REPOSSESSION AND LAND REQUISITION
Section 1. Land repossession for national defense and security purposes; land repossession for socio-economic development purposes in the national and public interest
Article 25. Repossession of national defense land and security land for execution of socio-economic development projects specified in clause 1 Article 84 of the Land Law
1. The provincial People’s Committee in the area where land is being repossessed as stipulated in Clause 1, Article 84 of the Land Law, shall send a consultation document to the Minister of National Defense or the Minister of Public Security, accompanied by the documentation or excerpts of the documentation related to the investment project requiring the repossession of national defense land or security land to facilitate socio-economic development and the proposed timeline for the land repossession.
In the case of land repossession for transfer to the local authorities for the execution of housing projects for the people’s armed forces, the Ministry of National Defense and the Ministry of Public Security shall take the lead in proposing investment guidelines, ensuring housing policies for the beneficiaries belonging to the people’s armed forces.
2. Within 30 days from the date of receiving the document specified in Clause 1 of this Article, the Minister of National Defense or the Minister of Public Security shall provide a written opinion regarding the land repossession.
3. Based on the unanimous opinions of the Minister of National Defense or the Minister of Public Security, the provincial People’s Committee shall direct the district-level People’s Committee to repossess the land according to laws.
Article 26. Land repossession for facilitating national defense and security tasks specified in clause 2 Article 84 of the Land Law
1. The Minister of National Defense or the Minister of Public Security shall send a document to solicit the opinions of the Ministry of Natural Resources and Environment and the People’s Committee of the province where the land subject to repossession is located regarding the land repossession for facilitating the national defense and security tasks, which is not yet included in the national defense land use planning or security land use planning, along with the documentation or excerpts from the documentation related to the investment project that requires land repossession to facilitate national defense and security tasks, and the proposed timeline for land repossession.
2. Within 30 days from the receipt of the document specified in Clause 1 of this Article, the Ministry of Natural Resources and Environment and the People’s Committee of the province where the land subject to repossession is located shall provide written opinions regarding the land repossession.
3. After receiving the written opinions from the Ministry of Natural Resources and Environment and the People’s Committee of the province where the land subject to repossession is located, the Minister of National Defense or the Minister of Public Security shall send a report to the Prime Minister for consideration and approval of the land repossession.
4. Based on the opinions of the Prime Minister, the Ministry of National Defense and the Ministry of Public Security shall cooperate with the People’s Committee of the province where the land subject to repossession is located in directing the district-level People’s Committees to carry out land repossession in accordance with the provisions of the Land Law.
Article 27. Regulations in cases where national defense and security land repossession is required as specified in clause 3 Article 84 of the Land Law
1. The approval for land repossession stipulated in point a of clause 3, Article 84 of the Land Law shall be carried out as follows:
a) In cases where the project is implemented within the territory of a provincial administrative division, the People’s Committee of the province where the land subject to repossession is located shall send a document together with the approved investment project to the Prime Minister for consideration and approval of the land repossession;
b) In cases where the project is implemented across two or more provincial administrative divisions, ministry, central authority, agency, or entity assigned as the project developer shall submit a document along with the approved investment project for the Prime Minister’s consideration and approval of the land repossession.
2. The approval for land repossession and property affixed to land stipulated in point c clause 3, Article 84 of the Land Law shall be carried out as follows:
a) The People’s Committee of the province where the land subject to repossession is located shall send a document to solicit opinions of the Minister of National Defense or the Minister of Public Security, accompanied by the documentation or excerpts of the documentation related to the investment project requiring the repossession of national defense land or security land;
b) Within 30 days from the date of receiving the document specified in point a of this Clause, the Minister of National Defense or the Minister of Public Security shall provide a written opinion regarding the repossession of land and property affixed to land;
c) After receiving the opinion from the Minister of National Defense or the Minister of Public Security shall send a report to the Prime Minister for consideration and approval of the repossession of land and property affixed to land;
d) Based on the approval of the Prime Minister, the People’s Committee of the province where the land subject to repossession is located shall direct the state investment agency to propose the competent authority’s investment decision in accordance with the laws on public investment and the laws on public-private partnership investment.
dd) On the basis of the investment project for which the investment decision has been granted as specified in point d of this clause, the competent People’s Committee shall undertake the land repossession as regulated.
Article 28. Procedures for provision of recompense, support, resettlement or land repossession for national defense or security purpose; socio-economic development purpose in the national/public interest
1. Within 10 days from the date of receipt of the document accompanied by the project documentation sent by the investor, the unit or organization in charge of compensation, support, and resettlement provision shall take charge and cooperate with relevant agencies in reviewing the grounds and conditions for land repossession stipulated in Article 80 of the Land Law in order to develop a land repossession plan, which includes the following contents:
a) A summary introduction of the project, including: project name, investor, location, area, project objectives, implementation progress, legal basis, and other relevant information.
b) Organizing meetings with the holders of land in the area requiring land repossession to disseminate information and gather opinions;
c) The notification of land repossession;
d) The investigation, survey, measurement, and counting activities;
dd) The development, appraisal of, approval for and disclosure of a recompense, support and resettlement arrangement;
e) The implementation of the recompense, support and resettlement arrangement
g) The implementation of the decision on land repossession;
h) The handover of repossessed land banks to the investor or the management of the repossessed land banks;
i) Other related information;
k) Expected timeline for execution; assignment of organizations and units responsible for the contents in the land repossession plan.
2. The land repossession for national defense or security purpose; socio-economic development purpose in the national/public interest shall follow the procedures specified in Article 87 of the Land Law. The mandatory land inspection decisions shall be made using Form No. 01a; decisions to enforce mandatory land inspections shall be made using Form No. 01b; Land repossession decisions shall be made using Form No. 01c; Decisions to enforce land repossession shall be made using Form No. 01dd in the Appendices enclosed herewith.
Article 29. Detailed regulations on procedures for land requisition
1. A land requisition decision or a written confirmation of land requisition shall include the following main contents:
a) Full name, position, and place of work of the person who makes the land requisition decision;
b) The name and address of the person whose land is being requisitioned or the person currently managing or using the land subject to requisition;
c) The name and address of the organization, and the full name and address of the person assigned to use the land subject to requisition;
d) Purpose and duration of land requisition;
dd) Location, area, type of land, and property affixed to the land subject to requisition;
e) The time for handover of the land subject to requisition.
2. The return of land requisitioned to the land user upon the expiration of the land requisition period shall be carried out in accordance with the following provisions:
a) The authorized person who has made the land requisition decision shall issue a decision to return the requisitioned land and send it to the former holder of the requisitioned land;
b) In the case where the former holder of the requisitioned land voluntarily donates their land to the State, the procedures for donation of LURs shall be followed in accordance with the provisions of law.
3. The responsibility for determining the compensation amount for damage caused by land requisition is governed by the following provisions:
a) The Chairperson of the People’s Committee of the district where the requisitioned land is located is responsible for determining the level of compensation for damage caused by the land requisition, except in cases specified in point b of this clause;
b) The chairperson of the People’s Committee of the province where the requisitioned land is located is responsible for determining the level of compensation for damage caused by the land requisition in cases where the requisitioned land falls under the jurisdiction of two or more district-level administrative divisions.
4. The composition of the Council for determining compensation for damage caused by land requisition includes:
a) The Chairperson or Vice Chairperson of the People’s Committee acting as the Chairperson of the Council;
b) Members belonging to land authorities, finance authorities, and other relevant members;
c) Representative of the agency of the authorized person who has made the land requisition decision;
d) Representative of the People’s Court, the People’s Procuracy of the district where the land belongs to;
dd) Representative of the Vietnamese Fatherland Front at the commune level;
e) The former holder of the requisitioned land or their representative.
Section 2. Land repossession due to violations against land laws
Article 30. Land repossession for land users failing to fullfil their financial obligations to the State
Land repossession for land users failing to fullfil their financial obligations to the State shall be carried out as follows:
1. A land user failing to fulfill their financial obligations to the State stipulated in Clause 6, Article 81 of the Land Law refers to the case where the land user does not fulfill or does not fully comply with their obligations to pay land levies or land rents and continue failing to fulfill even if they are compelled by the competent regulatory authority to fulfil these financial obligations in accordance with tax management laws, the tax authority shall issue a written request for land repossession.
2. The tax authority is responsible for sending a notification of the case specified in Clause 1 of this Article along with relevant documents to the land authority to initiate the procedures for submitting them to the competent authority for land repossession. The procedures for land repossession shall comply with the provisions of Article 32 of this Decree.
Article 31. Regulations on cases of force majeure to be applied in the handling of cases specified in Clauses 6, 7, and 8 of Article 81 of the Land Law
1. The cases of force majeure applicable in handling the cases specified in clauses 6, 7, and 8 of Article 81 of the Land Law are events of force majeure and objective obstacles as provided by civil law that directly affect land use, including:
a) Natural disasters, environmental catastrophes;
b) Fire, epidemic;
c) War, national defense and security emergencies;
d) Other cases as prescribed by law regarding states of emergency;
dd) Cases where competent state agencies apply provisional emergency measures, seize, or freeze land use rights and property affixed to land in accordance with the law, and subsequently, the land user continues to use the land;
e) Cases where administrative decisions and administrative actions of competent state agencies constitute objective obstacles, not attributable to the fault of the land user, that directly affect land use;
g) Other cases as decided by the Prime Minister in accordance with the proposals of the provincial People’s Committees or the Ministers of relevant Ministries.
2. The time frame for calculating the extension shall not exceed 24 months in cases where the land is not put into use or where there is a delay in the use of land, as stipulated below:
a) In the case where the investment project does not put the land into use within a continuous period of 12 months from the date when the land is handed over on-site, the project developer shall be permitted for land use extension of no more than 24 months counted from the beginning of the 13th month following the on-site handover of land;
b) In cases where the investment project is delayed in using land by 24 months compared to the schedule recorded in the investment project since the date of on-site handover of land, the timeframe for calculating the land use extension of 24 months shall be calculated from the beginning of the 25th month following the deadline for completing the construction investment.
In cases where the project is allocated land or leased land according to the schedule, the land use extension of no more than 24 months shall be applied to each specific area of land; the timeframe for calculating the land use extension of no more than 24 months shall be calculated from the beginning of the 25th month following the deadline for completing construction investment on that area of land;
c) In the case where, at the time of inspection, it is determined that the land has not been used for 12 continuous months or the land use was behind schedule by over 24 months, the timeframe for calculating the land use extension shall not exceed 24 months from the date when the competent authority allocating land or leasing out land issues an extension decision. The decision to extend the land use schedule by the competent authority shall be issued within 30 days from the receipt of the report on inspection result or audit conclusion if the land user submits a written request.
The decision to extend the land use schedule must specify the area that has not been put into use, the area that has been put into use behind schedule, and must be transferred to the tax authority for the collection of land levies and land rents for the extension period;
d) Land users who have not used the land for more than 12 months or have used the land behind schedule by over 24 months and wish to extend the land use schedule must submit a written request to the competent People’s Committee allocating or leasing out land for review and decision on the extension.
Within 15 days from the date the state agency issued a document identifying the violation and the land user has not submitted a written request for an extension, the competent People’s Committee allocating or leasing land shall decide to repossess the land in accordance with the regulations.
ddd) The determination of land levies and land rents for the period extended for land use as stipulated in Clause 8, Article 81 of the Land Law shall be carried out in accordance with the provisions of the Government regarding land levies and land rents.
3. The provincial People’s Committee is responsible for organizing the review, processing, and publicly announcing on the electronic portal of the provincial People’s Committee the investment projects that have not utilized land for a continuous period of 12 months or have delayed land use for 24 months compared to the schedule recorded in the investment project; projects that have been granted extensions; projects that are delayed in land use due to force majeure; and providing information to be publicly available on the electronic portal of the Ministry of Natural Resources and Environment or the land management agency under the Ministry of Natural Resources and Environment.
4. The time affected in the case of force majeure is not counted towards the period of land non-use or delayed land use as stipulated in Clause 8, Article 81 of the Land Law.
The Chairperson of the Provincial People’s Committee shall base the determination of the time affected by force majeure circumstances on the provisions of law regarding cases of force majeure and the actual implementation of investment projects within the jurisdiction of a provincial administrative unit. In the case of a project located in the territory of two or more provincial administrative units, the Minister of Natural Resources and Environment shall consider and decide based on the proposal of the relevant provincial People’s Committee Chairperson; if necessary, the opinions of relevant ministries and sectors shall be solicited.
Article 32. Procedures for the repossession of land due to violations of land law
1. The conditions for land repossession due to violations of land law as stipulated in Article 81 of the Land Law.
a) In cases where the violation of the law necessitates the imposition of administrative penalties, within 30 days from the date of receiving the document from the competent authority imposing administrative penalties regarding the recommendation for land repossession due to continued violations by the land user, the land authority shall submit the matter to the competent state management agency to repossess the land as stipulated in Article 83 of the Land Law.
b) For violations that do not constitute administrative penalties, the land repossession shall be carried out after the conclusion of the competent inspection authority regarding cases requiring land repossession.
2. After receiving the documents and papers from the competent authority as prescribed in Clause 1 of this Article, within 30 days, the land authority shall prepare a land repossession dossier to present to the competent People’s Committee for land repossession. The dossier shall include:
a) A proposal for land repossession;
b) A draft Decision on land repossession according to Form No. 01d in the appendix issued together with this Decree;
c) The documents transferred by the competent state authority as prescribed in Clause 1 of this Article.
3. Within 10 days from the date of receiving the dossier, the competent People’s Committee is responsible for notifying the land repossession to the landowner, the owner of property affixed to land, and any related parties (if any). The landowner, the owner of the property affixed to land, and any parties with related rights and obligations are responsible for handling the property on the land within the time frame specified in the land repossession notification from the date of receiving the land repossession notice, but not exceeding 45 days, except in cases specified in Point b, Clause 7 of this Article.
4. Within 15 days from the date of expiry of the land repossession notice period specified in Clause 3 of this Article, the competent government authority is responsible for issuing a decision on land repossession and directing the implementation of the land repossession decision. In case the land user does not comply, they will be forcibly executed to enforce the land repossession decision.
5. The responsibility of the landowner whose land is being repossessed
a) Comply with the decision to repossess land;
b) To carry out the handover of land and documentation regarding land use rights to the competent authorities or individuals as stipulated in the land repossession decision.
6. Responsibilities of the competent People’s Committee
a) Notify the land users about the land repossession and publish it on the portal or the electronic information page of the provincial or district People’s Committee.
b) Direct the handling of the remaining value of the investment in land or property affixed to land (if any) in accordance with the provisions of the law;
c) Direct the district-level People’s Committee to organize the enforcement of the land repossession decision in accordance with the provisions of Article 39 of this Decree;
d) Allocate the budget for land repossession enforcement.
7. Handling property on land, the remaining value of the property of the holder of the repossessed land.
a) In the case of land repossession as prescribed in Clause 6, Article 81 of the Land Law, the proceeds from the sale of the land use rights and any attached property (if any), after deducting the costs of enforcement and organizing the auction as stipulated, shall be remitted to the state budget to fulfill the financial obligations of the land user; the remaining amount shall be refunded to the person whose land is repossessed and the owner of the property affixed to the repossessed land.
b) In cases of land repossession as stipulated in Clause 7 of Article 81 of the Land Law, within 12 months from the date of the land repossession decision, the owner of property affixed to the repossessed land may proceed to sell the property in accordance with the law. Upon the expiration of the aforementioned term, if the land user is unable to undertake the sale of their property affixed to land, the State shall not provide compensation for the property affixed to land. The property owner must dismantle the property and return the land to the State within the timeframe specified in the land repossession decision. If they fail to do so, the competent state authority will forcibly repossess the land in accordance with the regulations.
In the case where an investor purchases property affixed to land of a person whose land has been repossessed, the State shall allocate land or lease land in accordance with the provisions of the law.
Section 3. LAND REPOSSESSION DUE TO TERMINATION OF LAND USE ACCORDING TO THE LAW, VOLUNTARILY RETURNING LAND, AND THREATS TO HUMAN LIFE
Article 33. Land repossession in cases specified in Clauses 1, 2, and 3 of Article 82 of the Land Law
1. Within 30 days from the date of receiving the document specified in points a, b, d, D, e, and g of Clause 5, Article 82 of the Land Law, the competent land management agency shall submit a proposal to the relevant state authority for land repossession. In the case of repossession as stipulated in point c, clause 1, Article 82 of the Land Law, it shall be carried out in accordance with the provisions of clause 4, Article 172 of the Land Law.
2. The responsibilities of the landholder from whom the land is repossessed shall be performed in accordance with the provisions in Clause 5, Article 32 of this Decree.
3. The responsibility of the competent People’s Committee shall be implemented in accordance with the provisions of Clause 6, Article 32 of this Decree.
Article 34. Land repossession as prescribed in Clause 1, Article 48 of the Land Law
1. The People’s Committee at the commune level where the land is located, upon discovering that the land user is a member of an ethnic minority who falls under the category of land acquisition as stipulated in Clause 1, Article 48 of the Land Law, shall send a document to the authority responsible for land management.
2. Within a period of 20 days from the date of receiving the document from the People’s Committee at the commune level, the agency with land management functions shall complete the dossier for submission to the competent People’s Committee for land repossession in accordance with the provisions of law.
3. Within 10 days from the date of the land repossession decision, the land authority shall present to the competent authority the establishment of a property Valuation Council to determine the value of property affixed to land, to compensate the individuals whose land is repossessed or beneficiaries of the inheritance.
4. The determination of the value of property affixed to land for compensation, as stipulated in paragraph 3 of this Article, shall be carried out in the same manner as in cases of land repossession by the State as provided for in Articles 78 and 79 of the Law on Land. The compensation funds are sourced from the state budget allocated for implementing land policies for ethnic minority communities.
Article 35. Handling of property affixed to land in cases of land repossession at points a, d, and D of clause 1 and clause 2 of Article 82 of the Land Law
1. For the case specified in point a, clause 1, Article 82 of the Land Law, the handling shall be as follows:
a) For property affixed to land that are public property of agencies and public service providers, the organization responsible for developing the land bank shall be assigned to manage, exploit, and develop them in accordance with the provisions in point c of clause 1, Article 113 of the Land Law.
b) For property affixed to land that belong to the enterprise, the handling of such property shall be carried out in accordance with the provisions of the law on liquidation and bankruptcy. Organizations and individuals who receive property affixed to land after processing in accordance with the law on dissolution and bankruptcy shall be allocated land or leased land by the State to implement the project in accordance with the law.
2. In the case of land repossession due to the termination of the investment project stipulated in point d, clause 1, Article 82 of the Land Law, the following procedure shall be applied:
a) The investor is allowed to continue using the land for 24 months from the date the investment project is terminated in accordance with the regulations of investment law.
b) Within a period of 24 months from the date the investment project is terminated in accordance with regulations, the investor is entitled to transfer land use rights and sell property affixed to land to other organizations or individuals in accordance with the law.
c) After the sale of property and the transfer of land use rights have been completed, the purchaser of property affixed to land and land use rights shall continue to exercise the rights and obligations of a land user to implement the investment project or propose the implementation of a new investment project in accordance with the law.
d) In the event that the deadline specified in point a of this clause expires and the investor does not transfer land use rights or sell their property affixed to land to another investor, the State shall repossess the land without compensation for the land and the property affixed to it. In the event of force majeure as stipulated in Article 31 of this Decree, the period specified in point a of this clause may be extended by the duration of the force majeure situation.
The costs of land repossession and the handling of property affixed to land shall be ensured by the state budget; the selected investor for continued land use is responsible for paying this cost to the state budget before the land is allocated or leased by the State.
3. In the case of land acquisition as stipulated in point d of clause 1 of Article 82 of the Land Law, the handling of property on the land, specifically forest products, shall be conducted in accordance with the regulations of forestry law; as for property that are construction works affixed to the land, within a period of 12 months from the date of the land acquisition decision, the owner of the property may sell the property affixed to land in accordance with the provisions of law. Upon the expiration of the aforementioned term, if the land user is unable to undertake the sale of their property affixed to land, the State shall not provide compensation for the property affixed to land. The property owner must dismantle the property and return the land to the State within the timeframe specified in the land repossession decision. If they fail to do so, the competent state authority will forcibly repossess the land in accordance with the regulations.
4. In cases where land users have reduced or no longer have a need for land and have submitted a voluntary land return application as stipulated in Clause 2, Article 82 of the Land Law, the competent People’s Committee shall only consider the return of the value of property affixed to land if it deems that the land repossession is necessary, does not adversely affect the interests of the State, public order, and that the land user has submitted a request for the State to return the value of the property affixed to land. The competent authority shall repossess the land to establish a Valuation Council to determine the remaining value of the property and reimburse the land returner.
Section 4. ENFORCEMENT OF mandatory land inspections, DECISION ON LAND REPOSSESSION, COMPLAINTS AGAINST LAND REPOSSESSION DECISIONS, AND ENFORCEMENT DECISIONS
Article 36. Enforcement of mandatory land inspection decision as prescribed in Clause 4, Article 88 of the Land Law
1. a) Before enforcement measures are imposed, the President of the People’s Committee of the district-level administrative division shall decide to establish a mandatory land inspection enforcement committee, including: the President or Deputy President of the People’s Committee of the district-level administrative division holding the position of head of the Board; representatives of inspection, justice, resource and environment, construction authorities; unit or organization in charge of recompense, support and resettlement provision; representative of the leadership of the People’s Committee of the commune-level administrative division to which the repossessed land belongs being members and other members decided by the President of the People’s Committee of the district-level administrative division;
2. The enforcement committee shall mobilize, persuade and engage in dialogue with the individuals subject to enforcement within a period of 5 working days, and this must be documented in writing. If the person subject to enforcement complies, the enforcement committee is required to create a record documenting the compliance and to conduct the counting according to regulations.
In cases where the person subject to enforcement does not comply with the enforcement decision, the enforcement committee is required to organize forces and necessary means to open the doors or gates to the land zone or parcel to be inspected without the permission of the land user or the owner of the property. The inspection must be documented.
3. The mandatory land inspection enforcement committee has the right to request the person subject to enforcement and relevant parties to leave the land zone under enforcement if they obstruct the inspection process; in the event of non-compliance, the enforcement committee is authorized to take measures to remove the person subject to enforcement and related parties from the land zone subject to enforcement.
4. The enforcement committee must invite representatives from the Vietnam Fatherland Front at the district level to participate in monitoring the enforcement process.
5. The enforcement and execution of land inspection must not cause damage to the property of land users or property owners; if damage occurs, compensation must be provided in accordance with legal regulations.
Article 37. Ensure order and safety in the process of implementing mandatory land inspection enforcement decisions and land repossession enforcement decisions
1. The police authority is responsible for ensuring order and safety during the execution of the enforcement decision of the Chairperson of the People’s Committee at the same level or the enforcement decision of other state agencies when requested.
In the event of a request for the police authority’s involvement to ensure order and safety during the enforcement of the decision, the agency leading the enforcement must send a written notice to the corresponding police authority at least 5 working days prior to the enforcement to arrange the personnel.
2. The police authority shall, based on the plan for land repossession enforcement, establish a plan to maintain order and safety during the execution of the land repossession enforcement decision. When participating in enforcement actions, the police authority is responsible for preventing violations of the law and ensuring order and safety within its jurisdiction.
Article 38. Preservation and liquidation of property subject to enforcement
1. When enforcing land repossession, if the person being enforced refuses to receive the property, the land repossession enforcement committee shall hand over the property to:
a) The State Treasury that is responsible for safeguarding property including cash, gold, silver, precious metals, gemstones, and foreign currency;
b) The state management agency specialized in managing property such as industrial explosives, supporting tools, items of historical and cultural value, national treasures, antiques, and rare timber products;
c) Local forestry agency or to the agency responsible for agricultural management that is responsible for safeguarding perennial trees or forests after being felled or harvested, high-value ornamental plants, and rare animals that need protection.
d) The commune-level People’s Committee which is responsible for preserving the remaining property.
2. The transfer and preservation of property shall be carried out as follows:
a) The land repossession enforcement committee must record minutes, clearly stating: the full name of the person in charge of executing the enforcement decision, individual, representative of organization being enforced, the person assigned to safeguard the property, witnesses to the handover; the quantity, condition (quality) of the property; the rights and obligations of the person assigned to safeguard the property; the time of property handover for safeguard;
b) The head of the land repossession enforcement committee, the person assigned to safeguard the property, the individual, representative of organization being enforced and witnesses shall sign the minutes. If the minutes consist of multiple pages, each page must be signed. In the event that a person is absent or present but refuses to sign the minutes, this must be recorded in the minutes along with a clear explanation of the reason.
The minutes shall be provided to the person assigned to safeguard the property, to the individual, representative of organization being enforced, to the witnesses, and to the presiding officer executing the property seizure, with each party retaining one copy.
c) The cost of property preservation (if any) shall be borne by the owner and deducted from the funding for compensation, support and resettlement prior to payment to the repossessed land holder and property owner.
d) The person assigned to safeguard the property who causes damage, substitutes, loses, or destroys the property shall be liable for compensation and will be dealt with according to the provisions of the law depending on the nature and severity of the violation.
dd) Regarding perishable, combustible, and explosive property of significant value that are subject to mandatory insurance under the provisions of insurance law, the unit assigned to safeguard the property shall purchase insurance, and the owner of the property is responsible for paying the insurance premiums upon the return of the property.
3. After carrying out the property handover as stipulated in Clause 2 of this Article, the land repossession enforcement committee shall send a notification to the property owner to collect the property within a period of 60 days.
4. If the individual or organization that owns the property does not come to claim them within 60 days from the date of receiving the notification to collect the property, the property will be auctioned in accordance with the law. The proceeds from the auction, after deducting the costs for transportation, storage, preservation, processing, and auctioning of the property, as well as the insurance purchased for the property, will be deposited in a non-term savings account at a credit institution. The individual or organization that owns the property will be notified to collect the resulting amount. For damaged and worthless property, the land repossession enforcement committee shall organize their destruction in accordance with legal regulations and prepare a report detailing the condition of the property prior to destruction.
Article 39. Enforcement of decision to repossess land due to violations of the law, to repossess land due to the termination of land use according to the law or due to the risk of endangering human life
1. The enforcement of a decision to repossess land due to violations of the law, and the repossession of land due to the termination of land use in accordance with the law or due to the risk of endangering human life, shall be carried out in accordance with the provisions of Article 89 of the Land Law, and Articles 37 and 38 of this Decree.
2. In cases of enforcement of land repossession decisions due to the risk of endangering human life, the provincial People’s Committees are authorized to shorten the time required for the enforcement procedures.
Article 40. Complaints against land repossession decisions and enforcement decisions
1. Individuals whose land is repossessed, organizations and individuals involved, have the right to lodge complaints against mandatory land inspection decisions, compulsory implementation of mandatory land inspection decisions, land repossession, and forced land repossession in accordance with the provisions of the law on complaints.
While there has been no decision regarding the resolution of the complaint, it is necessary to continue to implement the mandatory land inspection decision, enforce the implementation of the mandatory land inspection, the land repossession decision, and the land repossession enforcement decision. In the event that the state authority competent to resolve the complaint concludes that the land repossession is unlawful, it must halt the enforcement if the enforcement has not been completed; revoke the issued land repossession decision, and compensate for damage caused by the administrative decision (if any).
2. In cases where land repossession is associated with the rights and interests of other organizations or individuals in terms of land use, the competent state authority shall still carry out mandatory land inspection, enforce mandatory land inspection, repossess land, and enforce the land repossession decision as prescribed, without having to wait until the rights and obligations related to land use between the individuals whose land is repossessed and those organizations or individuals have been resolved in accordance with related laws.
DEVELOPMENT, MANAGEMENT AND EXPLOITATION OF LAND BANKS
Article 41. Cases of land bank development, management, and exploitation by the land bank development organizations
1. Manage and exploit land banks specified in clause 1 Article 113 of the Land Law;
2. Implement the infrastructure construction projects to create land banks for auctioning land use rights in order to execute the investment project to build urban areas with mixed functionality, synchronize the technical infrastructure and social infrastructure with housing in accordance with the provisions of the law on construction.
3. Implement infrastructure construction projects to create land banks for auctioning land use rights to execute rural residential area projects; to arrange resettlement; projects to allocate homestead land for ethnic minorities to implement land support policies for ethnic minorities in accordance with the provisions of the Land Law.
4. Implement projects to allocate production land to ethnic minorities in order to enforce land support policies for ethnic minorities as stipulated by the Land Law.
Article 42. Establishment, appraisal and approval of land bank creation projects
1. The land bank creation projects are defined in Clauses 2 and 3 of Article 41 of this Decree, which are assigned by the competent People’s Committees to land bank development organizations directly under their authority for implementation.
2. The establishment, appraisal, and approval of the land bank projects specified in clauses 2 and 3 of Article 41 of this Decree shall be carried out in the same manner as investment projects to build technical infrastructure using non-public investment state funds or public investment funds in accordance with the laws on construction and public investment.
3. The establishment, evaluation, and approval of projects to allocate homestead land and production land to ethnic minorities to implement land-related policies for ethnic minorities shall comply with laws on state-funded investment projects.
4. The funding for execution of the project specified in Article 41 of this Decree shall be sourced from advances from the land development fund or allocated from the state budget. For the cases specified in Clause 3 of this Article, the funding shall be allocated from the economic career capital sourced from the central budget supports to administrative divisions in implementation.
5. The land repossession, compensation, resettlement support, management, and use of the land area established for projects specified in Clause 2 and Clause 3 of Article 41 of this Decree shall comply with the provisions of the Land Law and the provisions set forth in this Decree.
Article 43. Short-term management and exploitation of land banks
1. On the basis of land banks and property affixed to land managed by the State, a land bank development organization may lease out the land area and property affixed to land (if any) according to the following principles:
a) The lease must be contracted and the land must be leased out for a limited period corresponding to the intended land use as prescribed in Article 9 of the Land Law and in the provisions of Articles 4, 5, and 6 of this Decree. The lessee of the land is not required to carry out land registration and will not be issued a Certificate.
b) The lease term shall not exceed 05 years. During the contract period, when the State implements a land use plan, the contract must be terminated without compensation or support for the property invested on the land. Before terminating the contract, the land bank development organization must notify the lessee in writing no later than 60 days.
2. The starting unit price of land lease shall be determined by the Chairpersons of the People’s Committees with the authority to lease land.
3. Rents for land and property affixed to land shall be included in revenue and recorded in accordance with laws applicable to public service providers.
4. Organizations and individuals that lease land are prohibited from constructing permanent structures and must voluntarily commit to dismantling the structures when notified by land bank development organizations of the termination of contract. They shall not be compensated for the land, property, or land value. Organizations and individuals that lease land must pay a deposit on the responsibility for dismantling the construction.
5. A land bank development organization is responsible for preparing a list of land zones and land parcels that can be exploited in the short term, and publicly announcing it on the web portal and website of the provincial People’s Committee, the People’s Committee of the district-level division where the land is located, and on the web portal and website of the land bank development organization in order to select organizations and individuals who have submitted land lease applications and proposed the highest land rental unit price within 30 days from the date of announcement.
In the case where only one organization or individual have submitted a land lease application and proposed a land rental unit price that is not lower than the starting unit price specified in Clause 2 of this Article, the land bank development organization shall sign a land lease contract with that organization or individual.
In the event that there is no organization or individual requesting land lease after the expiration of the 30-day period, the public announcement shall be carried out again in accordance with the provisions of this clause.
6. The short-term land lease stipulated in this Article is not subject to LUR auction, nor is it required to bid for selecting investors executing land-based projects, and nor is it required to meet requirements for compliance with land use planning and plans such as land allocation and land lease for execution of investment projects.
7. The provincial People’s Committees shall elaborate procedures for short-term land bank lease in their provinces.
LAND ALLOCATION, LAND LEASE, LAND REPURPOSING
Section 1. Elaborations of LAND ALLOCATION, LAND LEASE, LAND REPURPOSING
Article 44. Basis and procedures for land allocation, land lease, and permission for land repurposing for cases of ineligibility for investment guideline approval and/or investor approval according to investment laws as stipulated in Clause 6, Article 116 of the Land Law
1. The basis for land allocation, land lease, and permission for land repurposing for cases of ineligibility for investment guideline approval and/or investor approval according to investment laws is the district-level annual land use plan that has been approved by the competent authority. The basis for land repurposing for individuals specified in clause 5 of this Article is the district-level land use planning or the general planning or general planning or zoning planning that has been approved in accordance with the provisions of the law on urban planning.
2. The procedures for land allocation, land lease, and permission for land repurposing specified in clause 1 of this Article, for which land users are required to pay land levies and land rents calculated according to land prices in the price table, are as follows:
a) Individuals requesting land allocation must submit a land allocation application using Form No. 02a, individuals requesting to lease land must submit a land lease application using Form No. 02b, and individuals requesting land repurposing must submit a land repurposing application using Form No. 02c as specified in the Appendix enclosed with this Decree to the agency responsible for receiving applications and returning results prescribed in point a, clause 1, Article 12 of this Decree;
b) Land authorities shall instruct Land Registries to provide information on the land database, prepare extracts of cadastral maps for land parcels in cases where the applications are complete and valid; guide the applicants to supplement the extracts of cadastral surveying of the parcels located in areas where no cadastral maps are available as per regulations, or to recompile or supplement the applications and resubmit them to the land authorities in cases where the applications are incomplete or invalid; review and verify the applications; conduct field inspections.
c) The land authorities shall complete the applications and submit them to the competent People’s Committees for the issuance of decisions on land allocation, land lease, and permission for land repurposing. An application includes: the documents specified in point a of this clause; an extract of the cadastral map of the land parcel or an extract of cadastral surveying of the land parcel, a proposal using Form No. 03 in the Appendix enclosed herewith accompanied by a draft decision on land allocation, land lease, or permission for land repurposing according to Form No. 04a, Form No. 04b, Form No. 04c in the Appendix enclosed herewith, which includes information on land prices for calculating land levies and land rents payable, and the responsibility of the tax authority in guiding land users to pay land levies and land rents in accordance with the provisions of law on land levies and land rents;
d) The competent People’s Committees shall consider issuing decisions on land allocation, land lease, and permission for land repurposing;
dd) The land authorities shall transfer the cadastral information of the land parcels provided using Form No. 04h in the Appendix enclosed herewith to the tax authorities;
e) The tax authorities shall determine the land levies and land rents payable as per regulations, and issue notices of payment for land levies and land rents to land users;
g) Land users shall pay land levies and land rents in accordance with the provisions of the law on land levies and land rents;
h) The tax authorities shall confirm the completion of payment for land levies and land rents, and send the result notification to the land authorities;
i) The land authorities shall request competent authorities to sign and issue Certificates and carry out the tasks stipulated in Clause 4, Article 228 of the Land Law; in the case of signing a land lease contract, it shall be conducted according to Form No. 05a enclosed herewith, and the on-site handover of land shall be conducted according to Form No. 06 enclosed herewith.
k) The Land registries or branches of the Land registries are responsible for updating and revising the land database and cadastral records.
3. Procedures for land allocation or permission for land repurposing stipulated in Clause 1 of this Article, pertaining to cases of land allocation without collecting land levies, shall be implemented as follows:
a) Individuals requesting land allocation must submit a land allocation application using Form No. 02a, individuals requesting land repurposing must submit a land repurposing application using Form No. 02c specified in the Appendix enclosed with this Decree to the agencies responsible for receiving applications and returning results prescribed in point a, clause 1, Article 12 of this Decree;
b) Land authorities shall instruct Land Registries to provide information on the land database, prepare extracts of cadastral maps for land parcels in cases where the applications are complete and valid; guide the applicants to supplement the cadastral measurements of the parcels located in areas where no cadastral maps are available as per regulations, or to recompile or supplement the applications and resubmit them to the land authorities in cases where the applications are incomplete or invalid; review and verify the applications; conduct field inspections.
c) The land authorities shall complete the applications and submit them to the competent People’s Committees for the issuance of decisions on land allocation and permission for land repurposing. An application includes: the documents specified in point a of this clause; an extract of the cadastral map of the land parcel or an extract of cadastral surveying of the land parcel, a proposal using Form No. 03 in the Appendix enclosed herewith accompanied by a draft decision on land allocation, or permission for land repurposing according to Form No. 04a, Form No. 04c in the Appendix enclosed herewith;
d) The provisions of points d, i and k clause 2 of this Article must be complied.
4. In cases where the land is allocated, leased out or permitted to be repurposed as prescribed in clause 1 of this Article but the land user is required to pay land levies or land rents calculated according to the land prices, the following procedures shall be applied:
a) Complying with the provisions of points a and b of clause 2 of this Article;
b) The land authorities shall complete the applications and submit them to the competent People’s Committees for the issuance of decisions on land allocation, land lease, and permission for land repurposing. An application includes: the documents specified in point a of this clause; an extract of the cadastral map of the land parcel or an extract of cadastral surveying of the land parcel, a proposal using Form No. 03 in the Appendix enclosed herewith accompanied by a draft decision on land allocation, land lease, or permission for land repurposing according to Form No. 04a, Form No. 04b, Form No. 04c in the Appendix enclosed herewith;
c) The competent People’s Committees shall consider issuing decisions on land allocation, land lease, permission for land repurposing, and send them to the land authorities to organize the determination of specific land prices;
d) The land authorities shall determine specific land prices, request competent authorities to issue decisions to approve specific land prices in accordance with the law on land prices, which includes responsibilities of the tax authorities in guiding land users to pay land levies and land rents as prescribed by law on land levies and land rents;
dd) The competent authorities shall consider issuing decisions to approve specific land prices;
e) Complying with points e, g, h, i and k clause 2 of this Article.
5. Procedures for land repurposing specified in Clause 5, Article 116 of the Land Law applicable to cases where a household or individual requests to convert agricultural land within residential areas, agricultural land within the same land parcel of homestead land to homestead land, and to convert non-agricultural land that are not homestead land to homestead land shall comply with the provisions of Clause 2 of this Article.
6. The period for implementing the procedures for land allocation, land lease, and land repurposing specified in clauses 2, 3, 4, and 5 of this Article shall not exceed 20 days.
The authorities involved in the process of implementing the procedures for land allocation, land lease, or land repurposing stipulated in this Article are not allowed to impose additional procedures and must not carry out any other procedures beyond those prescribed in this Article.
Article 45. Adjustments of decisions on land allocation, land lease, and permission for land repurposing
1. The adjustment of a decision on land allocation, land lease, or permission for land repurposing shall be carried out in the following cases:
a) When there is a document from a competent state authority containing content that alters the basis for the decision on land allocation, land lease, or permission for land repurposing as stipulated in Clauses 1, 2, 3, 4, and 5 of Article 116 of the Land Law;
b) In the case of discrepancies regarding boundaries, location, area, intended use between the planning map, cadastral map, decision on land allocation, land lease or permission for land repurposing, and the data on on-site handover of land.
2. Procedures for adjusting decisions on land allocation, land lease, and land repurposing for cases specified in point a of Clause 1 of this Article shall be the same as those for land allocation, land lease, and land repurposing. In this process, the written request for the adjustment of the decision on land allocation, land lease, or land repurposing must be made using Form No. 02d in the Appendix of this Decree, while the decision to adjust the decision on land allocation, land lease, or land repurposing shall be made using Form No. 04d in the Appendix of this Decree.
The Provincial People’s Committees shall specify the timeframe for carrying out specific tasks in accordance with the principle of reducing the duration of land allocation, land lease and land repurposing procedures by at least half.
3. Procedures for adjusting a decision on land allocation, land lease, or permission for land repurposing applicable to the case specified in point b, clause 1 of this Article shall be as follows:
a) The land user submitted a written request for correcting the erroneous information in the decision on land allocation, land lease, or permission for land repurposing made using Form No. 02d in the Appendix enclosed with this Decree to the agency receiving the application and returning results stipulated in point a, clause 1, Article 12 of this Decree;
b) In cases where errors in the decision on land allocation, land lease, or permission for land repurposing do not alter the land levies or land rents already paid, the land authority shall review and inspect the application; conduct an on-site inspection.
The land authority shall complete the application and submit it to the competent People’s Committee for the issuance of a decision on adjustment of the decision on land allocation, land lease, or permission for land repurposing. The application includes: the documents specified in point a of this clause; a proposal using Form No. 03 in the Appendix enclosed herewith accompanied by a draft decision to adjust the decision on land allocation, land lease, or permission for land repurposing according to Form No. 04d in the Appendix enclosed herewith.
The competent People’s Committees shall consider issuing a decision to adjust the decision on land allocation, land lease, and permission for land repurposing.
The land authority shall request the competent authority to sign and issue a Certificate. In cases of adjusting a land lease contract, Form No. 05b in the Appendix enclosed herewith shall be applied.
Land registries or branches of land registries are responsible for updating and revising the land database and cadastral records.
c) In cases where errors in the decision on land allocation, land lease, or permission for land repurposing alter the land levies or land rents already paid but the land levies or land rents are redetermined according to the land prices in the land price list, the land authority shall review and inspect the application; conduct an on-site inspection.
The land authority shall complete the application and submit it to the competent People’s Committee for the issuance of a decision on adjustment of the decision on land allocation, land lease, or permission for land repurposing. The application includes: the documents specified in point a of this clause; a proposal using Form No. 03 in the Appendix enclosed herewith accompanied by a draft decision to adjust the decision on land allocation, land lease, or permission for land repurposing according to Form No. 04d in the Appendix enclosed herewith which contains information about the responsibilities of the competent authority in guiding the land user to submit additional documents or receive a refund for land levies or land rents.
The competent People’s Committee shall consider issuing a decision to adjust the decision on land allocation, land lease, and permission for land repurposing.
The land authority shall transfer the cadastral information of the land parcel provided using Form No. 04h in the Appendix enclosed herewith to a tax authority;
The tax authority shall determine the additional land levies or land rents payable as per regulations, and issue a notice of payment for land levies or land rents to the land user. The competent authority shall determine the land levies or land rents to be reimbursed as per regulations and notify the land user.
The land user may make an additional payment or receive a refund for land levies or land rents already paid in accordance with laws on land levies, land rents, and laws on tax administration.
The tax authority shall send a written notification that the land user has completely made the additional payment, or the competent authority shall send a written notification that they has reimbursed the land levies or land rents to the land authority in accordance with laws on land levies, land rents, and laws on tax administration.
The land authority shall request the competent authority to sign and issue a Certificate. In cases of adjusting a land lease contract, Form No. 05b in the Appendix enclosed herewith shall be applied.
Land registries or branches of land registries are responsible for updating and revising the land database and cadastral records.
d) In cases where errors in the decision on land allocation, land lease, or permission for land repurposing alter the land levies or land rents already paid but the land levies or land rents are redetermined according to the specific land prices, the land authority shall review and inspect the application; conduct an on-site inspection.
The land authority shall complete the application and submit it to the competent People’s Committee for the issuance of a decision on adjustment of the decision on land allocation, land lease, or permission for land repurposing. The application includes: the documents specified in point a of this clause; a proposal using Form No. 03 in the Appendix enclosed herewith accompanied by a draft decision to adjust the decision on land allocation, land lease, or permission for land repurposing according to Form No. 04d in the Appendix enclosed herewith;
The competent People’s Committee shall consider issuing a decision to adjust the decision on land allocation, land lease or permission for land repurposing, and send it to the land authority to organize the determination of specific land prices.
The land authority shall determine specific land prices, request competent authority to issue a decision to approve specific land prices in accordance with laws on land prices, which includes responsibilities of the tax authority in guiding the land user to make additional payment or to receive the refund for land levies or land rents; transfer the cadastral information of the land parcel according to Form No. 04h in the Appendix enclosed with this Decree to the tax authority;
The tax authority shall determine the additional land levies or land rents payable as per regulations, and issue a notice of payment for land levies or land rents to the land user. The competent authority shall determine the land levies or land rents to be reimbursed as per regulations and notify the land user.
The land user may make an additional payment or receive a refund for land levies or land rents already paid in accordance with laws on land levies, land rents, and laws on tax administration.
The tax authority shall send a written notification that the land user has completely made the additional payment, or the competent authority shall send a written notification that they has reimbursed the land levies or land rents to the land authority in accordance with laws on land levies, land rents, and laws on tax administration.
The land authority shall request the competent authority to sign and issue a Certificate. In cases of adjusting a land lease contract, Form No. 05b in the Appendix enclosed herewith shall be applied.
Land registries or branches of land registries are responsible for updating and revising the land database and cadastral records.
dd) Procedures for adjusting the decision on land allocation, land lease, or permission for land repurposing specified in this clause must be completed within 20 days.
The authorities involved in the process of implementing the procedures for adjusting the decision on land allocation, land lease, or land repurposing stipulated in this Article are not allowed to impose additional procedures and must not carry out any other procedures beyond those prescribed in this clause.
Article 46. Criteria and conditions for repurposing rice cultivation land, protective forest land, dedicated forest land, and production forest land
1. Criteria and conditions for repurposing at least 02 hectares of rice cultivation land, protective forest land, dedicated forest land, and production forest land include:
a) There is a plan for afforestation or a document confirming the fulfilment of obligation to pay for afforestation in accordance with laws on forestry;
b) There is a plan for use of the topsoil in accordance with laws on cultivation;
c) There is a preliminary environmental impact assessment or an environmental impact assessment as required by laws on environmental protection.
2. The provincial People’s Committee shall, based on the actual situation of the province, stipulate the specific criteria and conditions for repurposing rice cultivation land, protection forest land, dedicated forest land, and production forest land, ensuring land use is economical and efficient, in accordance with the requirements for ensuring food security and environmental protection in the province for cases not covered by the provisions in Clause 1 of this Article.
Article 47. Land allocation and land lease in cases of land parcels under the State’s management that are small and narrow and/or are interspersed
1. Land parcels under the State’s management that are small and narrow and/or are interspersed (hereinafter referred to as “narrow parcels of land”) shall be allocated or leased out according to the provisions of this Article if the following criteria are met:
a) Belonging to the land banks that have been repossessed according to the decisions of the authorized state agency, land that has not been allocated, land that has not been leased, or land currently under management as stipulated in point d, clause 1 and clause 2 of Article 7 of the Land Law.
b) Not meeting the conditions, the minimum area for land subdivision in accordance with the regulations of the provincial People’s Committee;
c) Conforming to the approved district-level land use planning or the master plan or zoning planning as stipulated by the law on urban planning, or the detailed urban construction planning, planning for construction of rural residential areas, or the planning for construction of new rural communes that have been approved by the competent authority;
d) Not being located in the area designated for projects and constructions as determined in the land use planning or plans approved and publicly disclosed by the competent authority;
d) The land intended for allocation or lease is not subject to any disputes, complaints, or violations, or if it is under dispute, complaint, or violation, it should have been resolved in writing in accordance with legal regulations.
2. Principles for land allocation and land lease in cases of narrow parcels of land
a) Priority should be given to the use of narrow parcels of land, which are managed by the State, for public purposes. In cases where the land cannot be used for public purposes, the land shall be allocated with land levy payment or leased out to the adjacent land user;
b) In cases where at least two adjacent land users wish to use a narrow parcel of land, the competent authority responsible for land allocation or land lease will make decisions based on the planning and the actual conditions of land use of the adjacent land users;
c) The allocation or lease of narrow parcels of land to adjacent land users shall be carried out after the People’s Committees at all levels have organized a review, publicly announced, and gathered feedback from the residents in the land area;
d) The allocation and lease of narrow parcels of land shall be carried out in a public, transparent, and democratic manner on the basis of the written requests for land allocation or lease submitted by adjacent land users;
dd) After being allocated land or leased out land by the State, adjacent land users must carry out the parcel consolidation procedures as prescribed;
e) Ensuring the rights relating to adjacent parcels in accordance with the regulations of land law and civil law; preventing the emergence of disputes and lawsuits regarding land.
3. The land use term when the State allocates or leases out narrow parcels of land to adjacent land users shall be uniformly determined in accordance with the land use term of the parcels being used by the adjacent land users. In the case of the allocation or lease of narrow parcels of land associated with the repurposing of the parcels adjacent to the narrow parcels of land, the land use term shall be determined according to the provisions of Article 171 and Article 172 of the Land Law.
4. The provincial People’s Committee shall specify the review, public announcement, and the establishment of a list of narrow parcels of land and the allocation and lease of such land parcels in their province.
Section 2. Procedures for LAND ALLOCATION, LAND LEASE, LAND REPURPOSING
Article 48. Procedures for land repurposing in cases where approval from competent state authorities is required and land users are subject to investment guideline approval and investor approval according to investment laws
1. A land user shall submit an application for land repurposing to the agency responsible for receiving applications and returning results stipulated in point a, clause 1, Article 12 of this Decree. The application includes:
a) A written request for land repurposing made using Form No. 02c in the Appendix enclosed herewith;
b) A copy of the written approval for the investment project, the decision to approve the investment guideline, and the decision to approve both the investment guideline and investor in accordance with public investment laws and investment laws; the written approval for the results of investor selection for the PPP investment project (if any);
c) One of the certificates specified in Clause 21, Article 3, Clause 3, Article 256 of the Land Law, or one of the types of documents stipulated in Article 137 of the Land Law, or decision on land allocation, decision on land lease, decision on permission for land repurposing issued by the competent state authority in accordance with land laws through various periods.
2. The procedures for land repurposing shall comply with the provisions of Clauses 2, 3, 4, and 6 of Article 44 of this Decree.
Article 49. Procedures for land allocation, land lease without LUR auctions, and without bidding for selection of investors to carry out land-based projects and cases of land allocation, land lease through bidding for investors for selection of investors to carry out land-based projects
1. Any organization or individual eligible for land allocation or land lease shall submit an application to the agency responsible for receiving applications and returning results stipulated in point a, clause 1, Article 12 of this Decree. The application includes the written request for land allocation made using Form No. 02a, written request for land lease made using Form No. 02b in the Appendix enclosed herewith and one of the following documents:
a) The written approval for the results of investor selection of the competent state agency in cases specified in clause 2 Article 116 of the Land Law;
b) A copy of the written approval for the investment project, the decision to approve the investment guideline, and the decision to approve both the investment guideline and investor in accordance with public investment laws and investment laws; the written approval for the results of investor selection for the PPP investment project (if any);
c) A copy of the written investor approval of the competent state agency in accordance with investment laws in cases specified in clause 5 Article 124 of the Land Law;
d) A copy of the document from the unit assigned to organize the LUR auction on the unsuccessful auction of LURs stipulated in point b, clause 6, Article 125 of the Land Law;
dd) A copy of the document on the receipt of real estate project through conveyance in accordance with real estate business laws for the case specified in Clause 7, Article 124 of the Land Law;
e) Copies of documents as provided by law in the case specified in point i, clause 1, Article 133 of the Land Law when land is to be repossessed.
2. In cases of land allocation for compensation or support for resettlement upon land repossession by the State stipulated in Clause 4 of Article 119 and Point l Clause 3 of Article 124 of the Land Law, the recompense, support and resettlement arrangement approved by the competent state authority shall be applied.
The allocation or lease of land in the case specified in point m, clause 3, Article 124 of the Land Law for land users whose land used for production and business purposes is repossessed as prescribed in Articles 78 and 79 of the Land Law, thereby relocating their production and business facilities, shall apply to all types of land for which the land use period is still valid at the time of land repossession, and the land users have a demand for using land in another location to continue their production and business activities.
3. Procedures for land allocation, land lease without LUR auctions, and without bidding for selection of investors to carry out land-based projects and cases of land allocation, land lease through bidding for investors for selection of investors to carry out land-based projects shall comply with the provisions of clauses 2, 3, 4 and 6 Article 44 of this Decree.
4. The determination of cases of exemption from land levies or land rents for land allocation or land lease shall comply with the provisions of law on land levies and land rents.
Article 50. Procedures for approval of repurposing of rice cultivation land, dedicated forest land, protective forest land, production forest land specified in clause 1 Article 122 of the Land Law
1. The land authorities shall compile demands for repurposing rice cultivation land, dedicated forest land, protective forest land, production forest land to execute investment projects in the area prior to the establishment of annual district-level land use plans, except for cases stipulated in Clause 4, Article 67 of the Land Law.
2. Land authorities shall compile a list of projects requiring the repurposing of land areas involving land rice cultivation land, dedicated forest land, protective forest land, and production forest land according to the planning submitted to the provincial People’s Committee, concurrently present the annual district-level land use plan.
3. Before approving an annual district-level land use plan, the provincial People’s Committee shall submit it to the provincial People’s Council for approving the list of projects requiring the repurposing of land areas involving land rice cultivation land, dedicated forest land, protective forest land, and production forest land stipulated in Clause 1 of this Article.
Article 51. Procedures for conversion to land allocation or land lease as prescribed in Article 30 of the Land Law
1. A land user shall submit an application for change of land use mode to the agency responsible for receiving applications and returning results stipulated in point a, clause 1, Article 12 of this Decree. The application shall include a written request for conversion to land lease or land allocation made using Form No. 02dd in the Appendix enclosed herewith, along with one of the following documents:
a) One of the certificates specified in clause 21 of Article 3 and clause 3 of Article 256 of the Land Law;
b) One of the types of documents specified in Article 137 of the Land Law;
c) Decision on land allocation, decision on land lease, or decision on permission for land repurposing made by a competent state authority in accordance with land laws over different periods.
2. The procedures for conversion to land allocation or land lease, for which the land user is required to pay land levies or land rents calculated according to the prices in the land price list, shall comply with the provisions specified in points b, c, d, dd, e, g, h, i, and k of Clause 2, Article 44 of this Decree. The decision to convert to land allocation or land lease shall be made using Form No. 04dd in the Appendix enclosed herewith.
3. The procedures for conversion to land allocation or land lease, for which the land user is not required to pay land levies or land rents, shall comply with the provisions specified in points b, c and d Clause 3, Article 44 of this Decree. The decision to convert to land allocation or land lease shall be made using Form No. 04dd in the Appendix enclosed herewith.
4. The procedures for conversion to land allocation or land lease, for which the land user must pay land levies or land rents calculated according to the specific land prices, shall comply with the provisions specified in points b, c, d, dd and e Clause 4, Article 44 of this Decree. The decision to convert to land allocation or land lease shall be made using Form No. 04dd in the Appendix enclosed herewith.
5. The period for implementing the procedures for conversion to land allocation or land lease specified in clauses 2, 3 and 4 of this Article shall not exceed 20 days.
The authorities involved in the process of implementing the procedures for conversion to land allocation or land lease stipulated in this Article are not allowed to impose additional procedures and must not carry out any other procedures beyond those prescribed in this Article.
Article 52. Procedures for allocation or lease of land used by organizations, persons of Vietnamese descent residing overseas or foreign-invested business organizations prescribed in Article 180 of the Land Law, and managed and/or used by agricultural and forestry companies prescribed in Article 181 of the Land Law
1. An application for land allocation or land lease as stipulated in Article 180 of the Land Law shall include:
a) The documents of the application for land allocation and land lease without land use right auction stipulated in Clause 1, Article 49 of this Decree.
b) A copy of the land use arrangement that has been approved by the competent authority, for business organizations and public service providers that have been allocated or leased land by the State prior to the effective date of the Land Law.
2. An application for land allocation or land lease as stipulated in Article 181 of the Land Law shall include:
a) The documents of the application for land allocation and land lease without land use right auction stipulated in Clause 1, Article 49 of this Decree.
b) A copy of the land use arrangement of the agricultural and forestry company in their local area that has been approved by the competent authority.
c) A copy of the land use arrangement that has been approved by the competent authority, for the land area managed and used by the agricultural and forestry company repossessed for land allocation or lease as stipulated in points c, d, and dd of clause 2, Article 181 of the Land Law.
3. The applicant shall prepare an application prescribed in Clause 1 or Clause 2 of this Article and submit it to the agency receiving applications and returning results specified in Point a, Clause 1, Article 12 of this Decree to follow the procedures for land allocation or land lease as regulated in the procedures for land allocation or land lease without land use right auction specified in Article 228 of the Land Law and Article 49 of this Decree.
Section 3. CASES OF LAND ALLOCATION OR LAND LEASE WITHOUT LAND USE RIGHT AUCTION, WITHOUT BIDDING FOR INVESTOR SELECTION TO EXECUTE LAND-BASED PROJECTS
Article 53. Procedures for land allocation to individuals stipulated in points a, b, c, d, and dd Clause 3 and Clause 6 Article 124 of the Land Law
1. Annually, based on the land bank designated for residential purposes according to the annual district-level land use plan that has not yet been allocated in the local division, in cases of land allocation without land use right auction or unsuccessful auction of homestead land use rights for individuals due to no participants present, the commune-level People’s Committee shall notify other individuals in need of land to submit their applications for homestead land allocation.
2. Within 30 days from the date of notification, individuals falling into the entities specified in points b, c, and d clause 3, Article 124 of the Land Law who reside or work in communes, as well as individuals specified in point a of clause 3, Article 124 of the Land Law who reside or work in districts, shall submit applications for land allocation using Form No. 02a in the Appendix enclosed herewith to the People’s Committees of the communes where the land is located.
3. Within 30 days from the date of the deadline for submitting land allocation applications, the People’s Committee of the commune shall establish a Council for the appraisal of land allocation without land use right auction, consisting of the following members: The Chairperson or Deputy Chairperson of the commune-level People’s Committee serving as the Chairperson of the Council, representation of the Vietnam Fatherland Front of the commune, representatives from the Veterans’ Association, Farmers’ Association, Women’s Union, Youth Union, officials engaged in judicial work, officials handling land management, and the head of the local community where the applicant resides.
4. The council for reviewing individuals eligible for land allocation without land use right auction in accordance with the regulations of the People’s Committee of a province shall, based on the actual situation of the province, issue conditions, procedures for appraisal for land allocation without land use right auction for individuals.
5. Within 10 days from the date of determining the individuals eligible for land allocation as prescribed in Clause 4 of this Article, the People’s Committee of a commune shall prepare the an application according to the regulations of the provincial People’s Committee and submit it to the People’s Committee of the district where the land is located.
6. Within 30 days from the receipt of a complete and valid application, the district-level People’s Committee shall assign a district-level land authority to lead and coordinate with relevant agencies and units to appraise the application for land allocation for each individual.
7. Within 15 days from the date of the report on the results of the appraisal of the application, the commune-level People’s Committee shall complete the application and send it to the district-level land authority for submission to the district-level People’s Committee to issue a decision on land allocation to eligible individuals.
8. In cases of land lease as stipulated in point dd Clause 3 of Article 124 of the Land Law, the recompense, support and resettlement arrangement approved by the competent state authority shall be applied.
Article 54. Land allocation and land lease in cases specified in point p of clause 3 and clause 5 of Article 124 of the Land Law, and cases where land is put up for auction twice without success due to a lack of bidders in cases that require an investment project to be established
1. The Prime Minister shall decide cases where the State allocates land, leases land without land use right auction, and without bidding for selection of investor executing a land-based project as stipulated in point p, clause 3, Article 124 of the Land Law presented by the Ministry of Natural Resources and Environment based on the proposals of the Chairpersons of the Provincial People’s Committees when meeting one of the following conditions:
a) Belonging to the project for which land is used for public purposes as specified in point e, clause 3, Article 9 of the Land Law, with a business purpose and not falling under the cases stipulated in clauses 1, 2, and 5 of Article 124 of the Land Law;
b) Belonging to projects whose investment guidelines have been approved or decided by the National Assembly and the Prime Minister in accordance with the law regarding land repossession as stipulated in Clause 31, Article 79 of the Land Law, which does not fall under the category of investor selection according to investment laws, bidding laws, regardless of investment capital sources;
c) Belonging to another case not specified in Article 125 and Article 126 of the Land Law.
2. Investors who fall under the provisions of clause 5, Article 124 of the Land Law shall be allocated land or leased land without land use right auction in the following cases:
a) There is an investment project for which the investor is approved in accordance with investment laws, bidding laws, and relevant industry management laws.
b) There is an investment project in accordance with construction laws and related laws without the need to carry out the investor approval procedures as stipulated in point a of this clause.
3. In the event that the land is put up for auction twice without success due to the lack of bidders, the land allocation and land lease shall be carried out according to the following provisions:
a) The competent People’s Committee shall publicly announce the allocation or lease of land on the national land use right auction portal, which is integrated into the specialized auction website managed by the Ministry of Justice, as well as on the portal or website of the People’s Committee of province or district where the land is located within 30 days; and shall publicly post this information at the headquarters of the People’s Committee of the commune where the land is situated.
b) Upon the expiration of the period specified in point a of this clause, if an investor proposes an investment project in accordance with the provisions of clause 2 of this Article, the competent state authority shall carry out the procedures for land allocation and land lease as prescribed.
c) When the period mentioned in point a of this clause has expired and there are two or more investors proposing the investment project, a bidding process for the land use rights must be organized in accordance with regulations.
4. The land price used to calculate land levies or land rents shall be the starting price for land use right auction, which is valid for a period of 12 months from the date of unsuccessful auction; in case more than 12 months have passed without the land being allocated or leased, the starting price must be reassessed and a new auction process must be organized in accordance with regulations.
5. The procedures for land allocation or lease shall comply with the provisions stipulated in Clauses 2, 4, and 6 of Article 44 of this Decree.
Section 4. AUCTION OF LAND USE RIGHTS
Article 55. Auction of land use rights when the State allocates land with land levy or land rent payment
1. Organizations participating in the land use right auction must meet the following requirements:
a) Ensure the conditions stipulated in Clause 3, Article 125 of the Land Law;
b) A group of companies refers to a business conglomerate or a parent company with its subsidiaries as defined by enterprise laws. When participating in the auction of a land parcel, a land zone, or a project consisting of one or multiple land parcels, an agreement must be made to designate one company from the group to participate in the auction for land use rights;
c) A deposit of 20% of the total value of the land parcel or land zone shall be calculated based on the starting price, must be submitted for the auction of land use rights;
d) Not belonging to the category of individuals prohibited from participating in auction as stipulated by law;
dd) Fulfill the legal requirements regarding housing and laws on real estate business in the case of auctioning land use rights to implement housing projects or other real estate business projects.
2. Conditions for individuals participating in land use right auctions
a) Ensure the conditions stipulated in Clause 4, Article 125 of the Land Law;
b) In the case that an individual participates in the auction for land use rights to execute an investment project, they must commit to establishing an business organization that meets the conditions specified in Clause 1 of this Article. The establishment of a business organization shall comply with investment laws, enterprise laws, bidding laws, and other relevant laws.
3. Develop LUR auction arrangements
An LUR auction arrangement shall include the following main contents:
a) Location, area, type of land, property affixed to parcels of land, land zones to be put up for auction (if any);
b) The forms of land allocation, land lease, and land use terms for parcels of land or land zones when auctioning land use rights;
c) The expected timeline for conducting the auction;
d) Entities and conditions for participating in the auction;
dd) The costs of organizing the auction process;
e) The anticipated starting price, the deposit to be paid when participating in the auction, and other revenues as prescribed by law;
g) Other contents decided by the competent authority in accordance with the provisions of law and the actual situation of the local division.
4. Appraisal and approval of the land use right auction arrangement.
a) In the case of auctioning land use rights under the jurisdiction of the district-level People’s Committee for land allocation or lease, the district-level land authority shall inspect and complete the application and submit it to the district-level People’s Committee for approval of the land use right auction arrangement;
b) In the case of auctioning land use rights under the jurisdiction of the provincial-level People’s Committee for land allocation or lease, the provincial-level land authority shall inspect and complete the application and submit it to the provincial-level People’s Committee for approval of the land use right auction arrangement;
5. Determine the starting price for auction of land use rights.
a) The unit assigned to organize the auction of land use rights is responsible for preparing the documentation for the auctioned land parcels or zones. The application includes: Information about the land use plans and planning, and detailed construction planning related to the auctioned land parcel that has been approved by the competent state authority; an extract of the cadastral map or an cadastral map excerpt of the land parcel or an extract of cadastral surveying of auctioned land parcel in cases where there is no cadastral map available.
b) The land authority shall organize the determination of the initial price in accordance with the provisions of the law.
6. Decision on the auction of land use rights
a) The agency assigned to auction land use rights shall prepare a bidder application and submit it to the land authority, which shall include the following documents: The approved land use right auction arrangement for land use rights; the written approval of starting price of the auctioned land parcel or land zone as stipulated in point c, clause 1, Article 229 of the Land Law; the draft proposal and decision on the auction of land use rights.
b) The land authority shall inspect and finalize the application and submit it to the competent People’s Committee for approval of the land use right auction arrangement as stipulated in Clause 4 of this Article in order to issue the decision on auction of land use rights.
7. The selection of the unit or organization conducting the auction of land use rights shall comply with bidding laws. The procedure for conducting the auction of land use rights shall comply with the provisions of Clause 2, Article 229 of the Land Law and the Law on Property Auction.
8. The recognition of the results of the auction of land use rights shall comply with the provisions set forth in Clause 3, Article 229 of the Land Law.
9. Submitting land levies and land rents after receiving the decision to recognize the results of successful auction of land use rights.
a) Within 05 working days from the receipt of the decision to recognize the successful auction results by the competent People’s Committee, the tax authority shall send a written notice of land levies or land rents to the successful bidder in accordance with tax administration laws;
b) The successful bidder shall pay land levies according to the notice of the tax authority;
c) From the time the auction result is announced, the advance payment and interest (if any) shall be converted into a deposit to secure the fulfillment of the financial obligations of the land user.
In the event that the successful bidder fails to pay or does not pay the full amount for winning the land use right auction as stipulated in point b of this clause, then after 120 days from the date of approval of the successful auction results, the tax authority is responsible for notifying the land authority to propose to the competent People’s Committee for the cancellation of the decision to recognize the successful auction results, and the successful bidder shall not be entitled to recover the deposit. In the case where the successful bidder has paid more than the deposit amount, the State shall reimburse the excess amount over the deposit as per regulations;
d) The tax authority shall notify the land authority of the successful bidder who has fully paid the land levies and land rents.
10. After receiving notification from the tax authority that the successful bidder has completed the payment of land levies and land rents, the land authority shall carry out the tasks stipulated in Clause 5, Article 229 of the Land Law.
11. In the case of individuals participating in the auction of land use rights to implement an investment project, the competent state authorities shall allocate or lease out land to the business organization established by the individual who successful bidder, as stipulated in point b, clause 2 of this Article.
When the period for payment of land levies or land rents as stipulated in Clause 9 of this Article has expired, if the successful bidder has not established a business organization as prescribed in Point b, Clause 2 of this Article, the land authority shall propose to the competent People’s Committee to issue a decision to cancel the decision to recognize the successful auction results. The processing of the deposit shall comply with the provisions specified in point c, clause 9 of this Article.
Article 56. Auction of land use rights for agricultural land area that has not been used for public purposes
1. The commune-level People’s Committee shall formulate a land use right auction arrangement to be submitted to the district-level People’s Committee for consideration and decision.
2. The preparation, appraisal, and approval of the land use right auction arrangement shall comply with the provisions of clauses 3, 4, and 5 of Article 55 of this Decree. The land in this case shall be leased out by the State with annual land rent payment and the starting price shall be determined according to the annual land price list.
3. The hiring of a unit conducting the auction of land use rights shall comply with the provisions of the Law on Property Auction, ensuring that the auction service fees and costs do not exceed 10% of the value of the leased public land use rights.
4. In the event that it is not possible to select a property auction organization as stipulated in Article 56 of the Law on Property Auction, the Chairperson of the People’s Committee of the commune where the land is located shall decide to establish a property Auction Council to auction the rights to use public land in accordance with the provisions of the Law on Property Auction.
5. The successful bidder shall sign a land lease contract with the commune-level People’s Committee and pay the land rent according to the signed contract.
Section 5. BIDDING for Selection of investors executing land-based investment projects
Article 57. Announcing the list of land zones for which bidding for selection of investors executing land-based investment projects is made as decided by the provincial People’s Councils
1. Based on the list of land zones for which the bidding for selection of investors executing land-based investment projects is made as decided by the provincial People’s Council in accordance with the provisions of Clause 1, Article 126 of the Land Law, the provincial People’s Committee shall announce this within 07 working days from the date on which the decision is made. This serves as a basis for the competent state authority or the investor to prepare an application for investment guideline approval in accordance with investment laws.
The decision on the list of land zones for which the bidding for selection of investors executing land-based investment projects is made shall include plans, schedules, implementing authorities, and other related content.
2. The list shall be published on the provincial web portals, the National Bidding Network System, and publicly announced in the bidding newspapers. In the event that the National Bidding Network System is not yet qualified to operate, it shall be posted on the provincial web portals and publicly announced in the bidding newspapers.
Article 58. Handling cases of cancellation of successful bid results stipulated in Clause 8, Article 126 of the Land Law, where the successful bidder has advanced a portion of the funds for compensation, support and resettlement in accordance with the approved recompense, support and resettlement arrangement
1. The land users who have been allocated land or leased land by the State in the land zones for executing land-based projects and have their successful bid results cancelled are responsible for reimbursing the investors whose successful bid results have been cancelled for the compensation, support, and resettlement costs that have been advanced.
2. In the case where a land user uses state budget capital to implement a project in a land zone for executing a land-based project and has its successful bid results annulled, the investment capital of the project may be used to reimburse the investor for the compensation, support and resettlement costs that have been advanced.
Section 6. LAND USE FOR THE IMPLEMENTATION OF ECONOMIC – SOCIAL DEVELOPMENT PROJECTS VIA AGREEMENTS ON RECEIPT OF LAND USE RIGHTS OR WHILE HAVING LAND USE RIGHTS
Article 59. Handling cases of land use for the implementation of socio-economic development projects through agreements on receipt of land use rights in zones for executing projects including the land area managed by state agencies or organizations
1. In cases where the land area is managed by state agencies or organizations and is separated into an independent project, the competent People’s Committee shall decide the allocation or lease of land to implement the independent project through land use right auction or bidding for selection of investor executing the land-based project in accordance with the provisions of the Land Law.
2. In cases where the area of land is managed by state agencies or organizations and cannot be separated into an independent project, including situations where the parcels of land are not adjacent to each other, the provisions stipulated in Clause 2 of Article 127 of the Land Law shall apply.
3. The provincial People’s Committee shall specify the conditions, criteria, scale, and ratios for separating into independent projects as provided in Clause 1 of this Article.
4. The land repossession, compensation, support, and resettlement specified in clause 2 of this Article shall comply with the regulations applicable to cases of land repossession for the purpose of economic – social development for the benefit of the nation and the public.
Article 60. Procedures for business organizations to receive land use rights by conveyance, lease, or to receive land use rights as contributed capital for executing investment projects
1. Business organizations that wish to receive land use rights by conveyance or lease, or receive land use rights as contributed capital for executing investment projects must extract the location of the land zone proposed by the investor for the project and submit a written request made using Form No. 07 in the Appendix enclosed herewith to the People’s Committee of the province where the land is located.
2. Within 03 working days from the receipt of the written request, the provincial People’s Committee shall assign the provincial land authority to take the lead and coordinate with relevant agencies to appraise the request and present it to the provincial People’s Committee for consideration and decision.
3. Within 15 days from the receipt of directives from the provincial People’s Committee, the provincial land authority must have a written appraisal submitted to the provincial People’s Committee. The written appraisal includes the following contents:
a) Conditions regarding compliance with the approved and published district-level land use planning, general planning, zoning planning, construction planning, or rural planning;
b) The satisfaction with the conditions stipulated in point c Clause 2, Article 122 of the Land Law;
c) The fulfillment of the cases stipulated in Clause 1, Article 127 of the Land Law;
d) The information in the cadastral records of the land parcel or land zone proposed by the investor for project implementation;
dd) Conclusion regarding the eligibility of business organizations to receive land use rights by conveyance, lease, and to receive land use rights as contributed capital for executing the investment project; In cases of not meeting the requirements, the reasons must be clearly stated;
e) Proposing whether to approve or disapprove of the investor receiving land use rights by conveyance or lease, or receiving land use rights as contributed capital.
4. Within 05 working days from the date of receipt of the written appraisal submitted by the competent land authority, the provincial People’s Committee shall review and issue a written approval or disapproval for the business organization to receive land use rights by conveyance, lease, or to receive land use rights as contributed capital for executing the project to the business organization. The written approval must clearly specify the scale, area, location, deadline for completing the agreement, and other relevant contents.
5. Based on the written approval from the provincial People’s Committee, the business organization shall receive land use rights through conveyance, lease, or receive land use rights as contributed capital for executing the project in accordance with regulations.
In cases of repurposing the land to execute an investment project, the procedures shall comply with the provisions of Article 48 of this Decree.
Article 61. Resolving cases where investors cannot reach agreements with land users
1. When the deadline for completion of the agreement specified in the written approval specified in Clause 4, Article 60 of this Decree expires and the investor has not completed the agreement, an extension may be considered for one additional time not exceeding the original deadline for completion of the agreement in the written approval, provided that the investor has a request for extension.
2. In the event that the extension period stipulated in clause 1 of this Article has expired and the agreement has not been reached, or the investor does not wish to extend, the following procedures shall apply:
a) In cases where the investor requests to adjust the scope of the project in accordance with the area for which an agreement has been reached with the land users, and if the project meets the conditions to be considered for investment guideline approval by the competent state authority, the provincial People’s Committee shall decide the permission for implementation of the project.
b) If the area for which the agreement has been reached does not meet the conditions for implementing the investment project, the agreement on receipt of land use rights shall be terminated. The area of land for which the investor has reached an agreement on receipt of land use rights shall be handled in accordance with the provisions of Clause 3 of this Article.
c) In the case of an agreement on receipt of land use rights for implementation of a project that falls under the cases of state land repossession as stipulated in point c, clause 1, Article 127 of the Land Law, and falls under the cases of land allocation or land lease without land use right auction, and without bidding for selection of an investor executing the land-based project, the competent People’s Committee shall carry out the land repossession to allocate or lease the land to the investor.
3. If the area for which the agreement on receipt of land use rights has been reached by the investor does not meet the conditions for implementing the investment project, the handling shall be as follows:
a) In cases where the agreement on receipt of land use rights is made to implement the project and does not fall under the circumstances of land repossession by the State, the investor is allowed to continue using the land for the remaining duration or to transfer the land use rights, or to provide land use rights as contributed capital;
b) In the case of an agreement on receipt of land use rights for implementation of a project that falls under the cases of land repossession by the State as stipulated in point c, clause 1, Article 127 of the Land Law, and falls under the cases of land allocation or land lease through land use right auction or bidding for selection of an investor executing the land-based project, the competent People’s Committee shall carry out the land repossession for the auction of land use rights, land allocation or lease to the investor who is the successful bidder of the land-based project as per regulations. The area for which the investor has agreed to receive land use rights shall be compensated and supported by the State in accordance with regulations;
c) In the case where the agreement on receipt of land use rights in the form of land lease does not meet the conditions for implementing the investment project, the land lease contract shall be terminated. The resolution of rights and obligations between the investor and the land user shall comply with the provisions of civil law.
Article 62. Policies on promoting agreements on land use rights for implementing socio-economic development projects
1. In the case of an agreement to receive land use rights according to the provisions of point a, clause 4, Article 127 of the Land Law, the investor shall carry out land registration in accordance with regulations or simultaneously implement the land registration procedures and the procedures for repurposing land to carry out the investment project.
2. In the case where the person using the land does not have the right to convey, lease land use rights, or contribute land use rights as contributed capital but possesses property affixed to land and investment costs in the land, the investor is permitted to negotiate the purchase of the property affixed to land and the investment costs in the land. The content of the contract for the sale of property affixed to land, along with the land value, must clearly state that the seller of the property voluntarily returns the land for the State to repossess and allocate the land to the purchaser/buyer of the property for lease. The state shall carry out the land repossession of individuals currently using the land to allocate land, lease land without land use right auction, and without bidding for selecting investors executing land-based projects, while ensuring that land pricing is determined in accordance with regulations.
3. In the case where a person using the land does not have the right to convey, lease, or contribute land use rights as capital as stipulated by the land law and does not have any property affixed to land, nor any land value, the competent People’s Committee shall decide to repossess the land for allocation or lease to investors to implement the project without land use right auction or bidding for the selection of investors to implement the land-utilizing project.
Article 63. The application of land valuation methods in cases stipulated in point b, clause 2, Article 257 of the Land Law
1. Cases where land is allocated by the State.
a) The actual land transfer period from January 1, 2005, until before February 27, 2006, shall use the land prices for calculating land levies as per the land price list issued by the provincial people’s committee effective at the time of actual land transfer;
b) In cases where the land is actually handed over on a day within the period from February 27, 2006 to the day before July 1, 2014 and its specific price is required, the land price for calculating land levy shall be equal to the price in the land price list issued by the provincial People’s Committee which is effective at the time of actual land handover multiplied by the land price adjustment coefficient at the time of actual land handover.
c) In cases where the land is handed over on site on a day within the period from July 01, 2014 to the day before December 31, 2014 and the land price adjustment coefficient method is applied, the land price for calculating land levy shall be equal to the price in the land price list issued by the provincial People’s Committee which is effective at the time of on-site land handover multiplied by the land price adjustment coefficient at the time of on-site land handover.
c) In cases where the land is handed over on site on a day within the period from January 01, 2015 to the day before the effective date of this Decree and the land price adjustment coefficient method is applied when determining specific land price, the land price for calculating land levy shall be equal to the land price in the land price list at the time of on-site land handover multiplied by the land price adjustment coefficient issued annually by the provincial People’s Committees which is effective at the time of on-site land handover.
dd) In cases where the land is handed over on site on a day within the period from July 01, 2014 to the day before the effective date of this Decree and the specific land price must be determined at the time of on-site land handover but the land price adjustment coefficient method is not applied, the methods stipulated in points a, b, c of Clause 5 and points a, b, c of Clause 6 of Article 158 of the Land Law, which are detailed in the Decree on land prices, shall be applied.
2. Cases where land is leased by the State.
a) In cases where the land is handed over on site on a day within the period from January 01, 2005 to the day before October 01, 2009, the land price for calculating land rent shall be equal to the price in the land price list issued by the provincial People’s Committee which is effective at the time of actual land handover.
b) In cases where the land is handed over on site on a day within the period from October 01, 2009 to the day before July 01, 2014 and the specific land price must be determined, the land price for calculating land rent shall be equal to the land price in the land price list issued by the provincial People’s Committee and effective at the time of on-site land handover multiplied by the land price adjustment coefficient which is effective at the time of on-site land handover;
c) In cases where the land is handed over on site on a day within the period from July 01, 2014 to December 31, 2014, the land is leased out under one-off arrangement and the land price adjustment coefficient method is applied when determining specific land price, or the land is leased out with annual land rent payment, the land price for calculating land rent shall be equal to the land price in the land price list issued by the provincial People’s Committee which is effective at the time of on-site land handover multiplied by the land price adjustment coefficient which is effective at the time of on-site land handover;
d) In cases where the land is handed over on site on a day within the period from January 01, 2015 to the date before the effective date of this Decree, the land is leased out under one-off arrangement and the land price adjustment coefficient method is applied when determining specific land price, or the land is leased out with annual land rent payment, the land price for calculating land rent shall be equal to the land price in the land price list at the time of on-site land handover multiplied by the land price adjustment coefficient issued annually by the provincial People’s Committee which is effective at the time of on-site land handover;
dd) In cases where the land is handed over on site on a day within the period from July 01, 2014 to the date before the effective date of this Decree, the specific land price must be determined as prescribed by the regulations applicable at the time of on-site land handover but the land price adjustment coefficient method is not applied, the methods specified in points a, b and c clause 5 and points a, b and c clause 6 Article 158 of the Land Law which are detailed in the Decree on land prices shall be applied;
3. The determination of the land price adjustment coefficients at points b and c of Clause 1 and points b and c of Clause 2 of this Article shall be carried out in accordance with the provisions of the Decree on land pricing.
4. In cases where the subject is assigned land or leased land by the State through a method permitted by an authorized agency to change the land use purpose, and where land levies or land rents must be paid, the time for determining the land value for calculating land levies or land rents is the time when the competent state authority issues the decision. The determination of land prices for each specific case corresponds to the cases of land allocation and land lease at the time specified in clauses 1, 2, and 3 of this Article.
LAND USE REGULATIONS
Article 64. Procedures for extending land use when the land use term expires.
1. Within the time frame specified in Clause 3, Article 172 of the Land Law, land users who wish to extend their land use when the land use term has expired must submit one set of documents requesting an extension of land use to the agency responsible for receiving documents and providing results as stipulated in Clause 1, Article 12 of this Decree. The application includes a request for an extension of land use rights in accordance with Form No. 08 in the Appendix issued together with this Decree and one of the following documents:
a) One of the certificates specified in clause 21 of Article 3 and clause 3 of Article 256 of the Land Law;
b) Decision on land allocation, decision on land lease, or decision on permission for land repurposing made by a competent state authority in accordance with land laws over different periods.
c) The document from the competent authority permitting the extension of the operational period of the investment project or indicating the operational duration of the investment project in accordance with the regulations of investment law for cases of land use to implement the investment project.
2. The procedures for land use extension shall comply with the provisions stipulated in Clauses 2, 3, 4, and 6 of Article 44 of this Decree. The contents of the decision to extend land use according to Form No. 04e in the appendix issued together with this Decree. In the event that the land user does not request the issuance of a new Land Use Rights Certificate, the land registry or the branch of the land registry shall carry out the confirmation of the change in land use term on the already issued certificate, transfer it to the authority responsible for receiving the application and returning the result as stipulated in point a, clause 1, Article 12 of this Decree in order to return it to the land user.
Article 65. Procedures for confirming the continuation of agricultural land use by individuals upon expiration of land use term
Land users of agricultural land specified in point a, clause 1 of Article 172 and clause 1 of Article 174 of the Land Law who wish to confirm the validity period of land use on the certificate already issued shall proceed according to the following procedures:
1. The land users shall submit a written request for confirmation of the land use term according to Form No. 09 in the appendix issued together with this Decree, along with the certificate issued by the agency that has received the application and returned the results as specified in clause 1, Article 12 of this Decree.
In the case where land users submit their applications to the People’s Committee at the commune where the land is located, the People’s Committee at the commune level is responsible for transferring the application to the Land registry or its branch.
2. The Land registry or its Branch shall review the application; confirm the duration of continued land use as stipulated in Clause 1, Article 172 of the Land Law in the issued certificate or issue a new Land Use Certificate if the land user requests it; update and amend the land database and land registration records; and deliver the certificate to the land user or transfer it to the commune-level People’s Committee for delivery to the land user.
3. The deadline for executing the procedures stipulated in this Article shall be determined by the provincial People’s Committee, but shall not exceed 07 working days.
Article 66. Procedures for adjusting the land use term of investment projects.
1. Land users who wish to adjust the land use term in accordance with the provisions of Clause 1, Article 175 of the Land Law shall submit one set of documents proposing the adjustment of land use term to the agency responsible for receiving the application and returning results as prescribed in Point a, Clause 1, Article 12 of this Decree. The application includes: The document proposing the adjustment of land use term for the investment project according to Form No. 10 in the appendix issued together with this Decree, a document from the competent authority permitting the modification of the project’s operational duration in accordance with the provisions of investment law, and one of the following documents:
a) One of the certificates specified in clause 21 of Article 3 and clause 3 of Article 256 of the Land Law;
b) Decision on land allocation, decision on land lease, or decision on permission for land repurposing made by a competent state authority in accordance with land laws over different periods.
2. The decision to adjust the land use term of the investment project shall be issued by a separate decision in accordance with Form No. 04g provided in the appendix accompanying this Decree or by adjusting the decision to allocate land, lease land, or permit the change of land use purposes according to Form No. 04d in the appendix accompanying this Decree.
3. The procedures and processes for adjusting the land use rights of the investment project shall be carried out in accordance with the provisions outlined in clauses 2, 3, 4, and 6 of Article 44 of this Decree.
Section 2. LAND MANAGED AND UTILIZED BY AGRICULTURAL AND FORESTRY COMPANIES
Article 67. Review and determine the boundaries and area of land use of agricultural and forestry companies.
1. The provincial People’s Committee establishes a Steering Committee to direct and organize the management and use of land by agricultural and forestry companies as stipulated in Article 181 of the Land Law.
The components of the Steering Committee include: The Chairperson of the Provincial People’s Committee is the Head of the Committee, representing the Provincial Fatherland Front of Vietnam, along with the representatives of the leaders of relevant departments, agencies, and sectors. The Chairperson of the District People’s Committee where the land is located is a member.
2. The provincial People’s Committee is responsible for organizing and directing the provincial land authorities to take the lead, coordinate with relevant departments, branches, and sectors; the district People’s Committee, and organizations managing and utilizing land to review and determine boundaries and areas of land use as follows:
a) Based on the existing documentation, land use status, and the approved plan regarding the arrangement of agricultural and forestry companies by authorized authorities, a review will be conducted to identify the location and boundaries of land management and use; the area of land being used for its intended purpose; the area of land being used for non-intended purposes; the area of unused land; the area of land currently allocated, contracted, leased, loaned, joint ventures, partnerships, investment cooperation, encroached, occupied, or in dispute; to determine the area of land retained by the agricultural and forestry company and the area of land transferred to the local authorities.
In the event that the existing documentation does not provide a specific determination of the location, boundaries, and area of land being managed and used, measurement shall be conducted to prepare the boundary record of land use for agricultural and forestry companies in accordance with regulations;
b) Review and determine the location, boundaries, management process, and usage of the land area of agricultural and forestry companies that have been approved for land use plans and issued land use certificates, but are no longer directly utilizing the land and are instead renting, lending, entrusting, or leasing it to others for illegal use, in accordance with the provisions specified in Point d, Clause 1, Article 181 of the Land Law.
3. Agricultural and forestry companies are responsible for coordinating with the provincial land authorities and related departments to review the current land use status and provide relevant documents regarding the origin, management process, and land use, as well as to develop a land use plan in accordance with the provisions of Clause 2, Article 68 of this Decree.
4. The district-level People’s Committee shall develop a land use plan for the area of land specified in point d, clause 1, Article 181 of the Land Law after the land use plan of the agricultural and forestry company has been evaluated in accordance with the provisions of clause 4, Article 68 of this Decree. The content of the land use plan shall be implemented in accordance with the provisions of Clause 4, Article 69 of this Decree.
For the area of land acquired in accordance with the provisions outlined in point d of Clause 1, Article 181 of the Land Law, the district-level People’s Committee shall develop a land use plan after receiving the decision on land acquisition from the competent state authority.
5. The provincial People’s Committee is responsible for allocating funding to carry out the review, measurement, marking, creation of cadastral maps, development of land use plans, and the organization of implementing the land use plan after it has been approved.
Article 68. Detailed regulations on the formulation, evaluation, and approval of land use plans.
1. Based on the results of the review stipulated in Clause 2, Article 67 of this Decree, agricultural and forestry companies are responsible for developing a land use plan for the entire area they currently manage and utilize, in order to specifically determine the portion of land intended to be retained for continued use and the portion slated for handover to the local authorities.
The area of land retained by agricultural and forestry companies must be included in the planning proposal regarding the arrangement of agricultural and forestry companies that has been approved by the competent authority, in accordance with the functions and tasks of the company, the current land use situation, and the local land use planning; for the retained land area that is currently allocated, contracted, leased, borrowed, joint ventures, linked, or involved in cooperative investment, as well as land that is encroached upon, occupied, or disputed, the company must have a plan to resolve these issues definitively and provide a clear explanation in the land use plan of the agricultural and forestry company.
2. The content of the land use plan includes:
a) Based on the land use plan;
b) Analyze and evaluate the natural conditions, socio-economic conditions, national defense, and security;
c) Land use orientation, tasks direction, and specific production and business plans of the agricultural and forestry company;
d) Evaluate the impact of land use plans on the economy – society, environment, national defense, security, and production and business plans.
d) The organizational implementation solutions for the area of land retained by the agricultural and forestry company;
e) Determine the location, boundaries, area of land, and current land use status of the area of land transferred to the local authorities in accordance with item d, clause 1, Article 181 of the Land Law;
g) Explanation of the land use plan.
3. The proposal file for appraisal and approval of the land use plan includes:
a) The text proposing the appraisal and approval of the land use plan according to Form No. 11 in the Appendix issued together with this Decree;
b) Land use plan;
c) The cadastral map may depict the land use boundaries or the records of the land use boundaries of the agricultural and forestry company; a summary of the areas of various types of land of the agricultural and forestry company;
d) Other relevant documents (if any).
4. The procedures for assessing and approving land use plans.
a) The agricultural and forestry company shall submit the documentation specified in Clause 3 of this Article to the provincial land authority;
b) Within a period not exceeding 05 working days from the date of receiving a complete land use plan application from the agricultural and forestry company, the provincial land authority is responsible for sending the land use plan documents to the relevant departments and the district People’s Committee where the land is located for their opinions, and then submitting it to the provincial People’s Committee to establish the appraisal council.
The composition of the appraisal council includes: the Chairperson of the Provincial People’s Committee or one Vice Chairperson of the Provincial People’s Committee serving as the Chairperson of the Council, the Head of the provincial land authority serving as the Vice Chairperson of the Council, and members who are representatives of the leaders of relevant departments, agencies, and sectors, as well as representatives of the leaders of the district-level People’s Committee where the land is located.
c) Within a period not exceeding 10 days from the date of receiving the consultation documents, relevant departments and the People’s Committee at the district level where the land is located shall send their written opinions to the provincial land authority;
c) Within a period not exceeding 10 days from the date of receiving the consultation documents, relevant departments and the People’s Committee at the district level where the land is located shall send their written opinions to the provincial land authority;
dd) Within a period not exceeding 05 working days from the date of evaluation, if the land use plan documents of the agricultural and forestry company do not require amendments, the competent provincial land authority shall submit them to the corresponding People’s Committee for approval.
In cases where the land use plan documentation needs to be amended or supplemented, within no more than 03 working days from the date of appraisal, the provincial land authority shall notify the agricultural and forestry company to complete the documentation; within no more than 05 working days from the date the agricultural and forestry company finalizes and submits the documentation to the provincial land authority, if the documentation is complete, the provincial land authority shall submit it to the corresponding People’s Committee for approval.
e) Within a period not exceeding 05 working days from the date of receiving the land use plan submitted by the provincial land authority, the provincial People’s Committee is responsible for reviewing and approving the land use plan.
5. The Minister of Natural Resources and Environment shall stipulate in detail the procedures for establishing land use boundary records; surveying and preparing cadastral maps.
Article 69. Organization of the implementation of land use arrangements
1. Based on the approved land use plan of the agricultural and forestry company, the provincial land authority is responsible for:
a) The provincial People’s Committee decides to allocate land and lease land to agricultural and forestry companies concerning the area retained by the agricultural and forestry companies; carries out the revocation and amendment of the issued certificates (if any);
b) Sign a land lease contract in cases of land lease;
c) Granting a Certificate for the area retained by the agricultural and forestry company after fulfilling financial obligations as stipulated.
d) Implement the revocation and revision of the issued certificate (if any); determine the location and area of the land according to the provisions of point d, clause 1, Article 181 of the Land Law, and organize the physical handover to the People’s Committee of the district where the land is located to implement the established land use plan;
dd) The Provincial People’s Committee shall repossess the land area as stipulated in point d, clause 1, Article 181 of the Land Law, and organize the handover to the District People’s Committee where the land is located to prepare a land use plan.
2. The procedure for land repossession as stipulated in point d, clause 1, Article 181 of the Land Law.
a) Based on the local land use needs and the land use situation of agricultural and forestry companies, the provincial land authorities shall conduct a review, determine the location and area of land to be repossessed in accordance with the provisions of point d, clause 1 of Article 181 of the Land Law; and submit to the provincial People’s Committee for land repossession as prescribed.
b) Within 10 days from the date of the land repossession decision, the land authority shall present to the competent authority the establishment of a Property valuation council to determine the value of property affixed to land, to compensate the individuals whose land is repossessed (if any).
c) The determination of the property value affixed to the land for compensation in accordance with the provisions of item b of this clause shall be carried out similarly to the case of land acquisition by the State as stipulated in Article 78 and Article 79 of the Land Law.
3. For the area of land repossessed as specified in point d of clause 1 of Article 181 of the Land Law, the People’s Committee at the district level is responsible.
a) Review the current status of land use by specific land use objects concerning location, boundaries, area, and the origin of use for each object when agricultural and forestry companies hand over lands to local authorities. This should clearly reflect: lands organized for production by the company, land allocated through various forms, land lease, borrowing, joint venture, cooperative investments, trespass to land, land appropriation, and land disputes; documents and materials regarding land management and use handed over by agricultural and forestry companies to local authorities, records managed at the local authorities, records provided by land users, and other related documentation; identify priority land use subjects as stipulated in points c, d, and dd of clause 2 Article 181 of the Land Law;
b) Prepare a land use plan and submit it to the provincial land authority for appraisal.
Based on the specific situation of the locality, the provincial People’s Committee shall decide the economic-technical norms and unit prices for the formulation of land use plans in accordance with the law; the district People’s Committee may hire consulting units to develop land use plans for the area of land to be repossessed.
4. The content of the land use plan prepared by the district-level People’s Committee includes:
a) Based on the land use plan;
b) Analyze and evaluate the natural conditions, socio-economic conditions, national defense, and security;
c) Determine the location, area, and form of land use specified in Clause 2, Article 181 of the Land Law.
For cases of land repossession specified in point d, clause 1, Article 181 of the Land Law, the subjects entitled to preferential land use as stipulated in points c, d, and dd of clause 2, Article 181 of the Land Law shall be identified;
d) Assess the impact of land use options on the socio-economic aspects, environment, and ensure national defense and security;
dd) Determine the organizational solutions for implementing the land use plan;
e) Report explaining the land use plan.
5. The dossier for assessing the land use plan prepared by the district-level People’s Committee includes:
a) A request document for assessing and approving the land use plan in accordance with Form No. 11 in the Appendix issued together with this Decree;
b) The land use plan prepared by the district-level People’s Committee;
c) Land cadastral map, extract of the cadastral map for the land parcel; summary of the area of different types of land;
d) Other relevant documents (if any).
6. The procedures for assessing the land use plan prepared by the district-level People’s Committee includes:
a) The district-level People’s Committee shall submit the documentation specified in Clause 5 of this Article to the provincial land authority;
b) Within a period not exceeding 05 working days from the date of receiving the complete land use plan dossier prepared by the district-level People’s Committee, the provincial land authority is responsible for sending the land use plan dossier to the relevant departments and agencies for opinions and for submitting to the provincial People’s Committee the establishment of the appraisal council.
The composition of the appraisal council includes: the Chairperson of the Provincial People’s Committee or one Vice Chairperson of the Provincial People’s Committee serving as the Chairperson of the Council, the Head of the provincial land authority serving as the Vice Chairperson of the Council, and members who are representatives of the leaders of relevant departments, agencies, and sectors, as well as representatives of the leaders of the district-level People’s Committee where the land is located.
c) Within a period not exceeding 10 days from the date of receiving the consultation documents, relevant departments shall send their written opinions to the provincial land authority;
D) Within a period not exceeding 03 working days from the date of appraisal, the provincial land authority shall notify the district People’s Committee of the appraisal results; the district People’s Committee shall complete the dossier and return it to the provincial land authority within no more than 05 working days from the date of receiving the appraisal results; within a period not exceeding 03 working days, the provincial land authority shall present to the provincial People’s Committee for approval.
e) Within a period not exceeding 05 working days from the date of receiving the land use plan submitted by the provincial land authority, the provincial People’s Committee is responsible for reviewing and approving the land use plan.
Article 70. Content of land use planning and plans for maritime areas that are determined for land reclamation
1. The maritime area designated for land reclamation must have its location, area, boundaries, and coordinates specifically identified in accordance with the legal regulations on measurement and mapping. The designation of marine areas for land reclamation to be included in the land use planning and plans must ensure compliance with the principles stipulated in points a, b, and d of Clause 2, Article 190 of the Land Law.
2. The provincial People’s Committee determines and includes the maritime area for land reclamation activities in the land allocation plan, zoning of land according to functional areas, land types for each administrative unit at the district level of the provincial planning, provincial land use plan, district land use planning, and district land use plan.
3. In the case where the marine area identified for land reclamation is included in provincial planning, construction planning, or urban planning but is not yet included in the district-level land use planning, the provincial People’s Committee shall direct the incorporation of it into the district-level land use planning and the annual land use plan of the district.
In cases where the specified maritime area for land reclamation is not included in the provincial planning, the provincial People’s Committee shall direct the district People’s Committee to establish and adjust the district land use planning and the annual district land use plan.
4. When establishing and approving the detailed construction planning for land reclamation investment projects or investment projects that include land reclamation works, it is necessary to allocate land for the construction of public infrastructure, including access pathways to the sea as required by the provincial People’s Committee, in order to ensure the public’s rights to access the sea.
The provincial People’s Committees shall base their decisions regarding the specific land banks for the construction of public infrastructure projects, as stipulated in this clause, on legal regulations concerning construction planning and the actual conditions in the locality, according to each investment project related to land reclamation or investment projects that include land reclamation works.
Article 71. Decision on investment policy, approval of investment policy, selection of investors for land reclamation investment projects
1. The approval of investment policies and decisions regarding land reclamation investment projects shall be carried out in accordance with the provisions of the law on investment, public investment, and investment in the form of public-private partnerships.
2. The selection of investors to carry out the land reclamation investment project with funds sourced from outside the state budget shall be conducted in accordance with the provisions of the law on investment, bidding, land, and public-private partnership investment.
3. The land reclamation activities within the investment project are established as a land reclamation investment project or a component of land reclamation in the investment project as specified in Article 72 of this Decree.
Article 72. Preparation and evaluation of the feasibility study report, approval of the project; preparation, evaluation, and approval of the construction design; execution and acceptance of construction works of the coastal investment project or the coastal component of the investment project.
1. The land reclamation investment project or its land reclamation work is an investment construction project comprising a set of solutions and proposals related to the use of capital for carrying out land filling, land reclamation, and infrastructure development in accordance with construction law regulations, aimed at creating land banks for purposes of socio-economic development, disaster prevention and mitigation, and adaptation to climate change.
Investment activities in the construction of works for disaster control and prevention include: dikes, embankments to prevent erosion, wave reduction, sandbank creation, mangrove planting; storm shelters for ships; and river mouth regulation works, which do not involve land reclamation. The preparation, appraisal, and approval of disaster prevention and control projects, which are not land reclamation projects, shall be carried out in accordance with the provisions of specialized legal regulations. The management, exploitation, and use of the land area formed by sedimentation after construction shall be carried out in accordance with the laws on land and other relevant legal regulations.
2. The approval document for the implementation of the land reclamation investment project includes one or more of the following documents: investment policy decision, document approving the investment policy, investment license, investment certificate, investment registration certificate, or other equivalent documents for land reclamation investment projects or investment projects with land reclamation works as stipulated by the laws on investment, public investment, and investment under public-private partnership methods.
3. The maritime port area, the water area in front of the wharf, the maneuvering area for vessels, the anchorage area, the transshipment area, the storm refuge area, the pilot boarding and disembarking area, the quarantine area, the maritime channel, and the water area designated for the construction of other auxiliary works (as stipulated in Point d, Clause 3, Article 190 of the Land Law) are areas that have been invested in the construction of maritime transport infrastructure.
4. The content of the feasibility study report for the land reclamation investment project or the land reclamation work of the investment project shall comply with the legal regulations on construction and this Decree, specifically identifying the location, area, boundaries, and coordinates of the marine area; the reclamation costs; the implementation schedule for the reclamation works (in whole or in part), and the timeline for land use after the completion of the reclamation works.
The costs of land reclamation include: direct costs incurred for the construction activities of building facilities, construction works serving the land reclamation activities according to the detailed planning of 1/500 approved by the competent state authorities, and other costs in accordance with the laws on construction.
5. The preparation, appraisal of feasibility study reports, approval of investment projects; preparation, appraisal, approval of construction designs; execution, acceptance of construction works of land reclamation investment projects or reclamation works shall be carried out in accordance with the regulations of the law on construction and this Decree, specifically as follows:
a) The specialized construction agency under the provincial People’s Committee shall appraise the feasibility study report of the sea reclamation investment project or the sea reclamation work of the investment project. In addition to the content of the evaluation as prescribed by construction law, the specialized construction authority under the provincial People’s Committee shall evaluate the content regarding the determination of the total investment value of the land reclamation investment project or the land reclamation works of the investment project.
b) The specialized construction agency under the provincial People’s Committee shall evaluate the construction design after the basic design of projects subject to evaluation by the specialized construction agency in accordance with the provisions of the law on construction.
c) For projects utilizing public investment capital, the authority to approve the project and construction design shall be implemented in accordance with the provisions of public investment law and construction law. For projects utilizing state capital outside of public investment and projects using other funds, the provincial People’s Committee approves the project; the investor approves the construction design in accordance with the regulations of the law on construction.
d) The organization of construction and acceptance testing of construction works of the land reclamation investment project or the land reclamation works of the investment project shall be implemented in accordance with the provisions of the law on construction.
6. The investor of the land reclamation project or the land reclamation work of the investment project is responsible for proposing to the competent state authority to carry out maritime notification in accordance with the provisions of maritime law.
7. The investment project for land reclamation or the land reclamation work of the investment project that has been approved by the competent state authority serves as the basis for the competent state authority to decide the allocation of the maritime area for the implementation of land reclamation activities, concurrently with the allocation of land and the lease of land for the implementation of the investment project.
Article 73. Allocation of land, lease of land, and allocation of maritime areas for the purpose of implementing land reclamation activities
1. In the case of land allocation or land lease without land use right auction to implement a land reclamation investment project or an investment project that includes land reclamation works, the procedures and processes shall be carried out according to the provisions in clauses 2, 3, 4, and 6 of Article 44 of this Decree.
2. In the case of land allocation or land lease through the auction of land use rights to implement a land reclamation investment project or an investment project with land reclamation works, the procedures and processes shall be carried out in accordance with the provisions of Article 55 of this Decree.
3. The project investor of a land reclamation investment project or an investment project with land reclamation works must submit an application for land allocation, land lease, and marine area assignment along with the land reclamation investment project or the land reclamation work of the investment project that has been approved by the competent state authority.
The provincial People’s Committee decides to allocate land and lease land simultaneously with the allocation of maritime areas to carry out reclamation activities. The investor of the land reclamation project or the investment project that includes land reclamation activities is not required to pay fees for the use of marine areas to carry out reclamation activities.
4. Application for land allocation, lease of land concurrently with the allocation of maritime areas for the implementation of land encroachment activities according to Form No. 12, Decision on land allocation concurrently with the allocation of maritime areas for the implementation of land encroachment activities according to Form No. 13, Decision on land lease concurrently with the allocation of maritime areas for the implementation of land encroachment activities according to Form No. 14 in the Appendix issued together with this Decree.
5. The time for determining the land users must commence using the land from the date of notification approving the completion results for the entire area or for each portion that has completed the land reclamation activities in accordance with the timeline of the land reclamation investment project or the specific component of the land reclamation within the investment project.
Article 74. Acceptance of the completion of land reclamation activities
1. The acceptance of the completion of the land reclamation activities shall be carried out for the entire or partial area where the land reclamation activities have been completed in accordance with the progress of the land reclamation investment project or the components of the approved land reclamation investment project.
2. Examine the completion inspection of land reclamation activities:
a) The specialized agency under the provincial People’s Committee shall conduct inspections of the acceptance of works related to land reclamation investment projects or the reclamation works of investment projects. The procedures and processes for inspecting the completion of activities related to land reclamation shall be conducted in accordance with the regulations of construction law.
b) The investor of the sea reclamation investment project or the investment project with a sea reclamation work shall submit a written request to the specialized construction authority under the provincial People’s Committee to inspect the acceptance process for the entire area or individual portions of the completed sea reclamation activities according to the progress of the approved sea reclamation investment project or the sea reclamation work of the investment project.
c) Within 60 days from the date of receipt of the proposal document, the specialized construction authority under the provincial People’s Committee shall conduct an inspection of the completed acceptance of the land reclamation activities.
3. Based on the notice of approval for the results of the completion inspection of the land reclamation investment project or the land reclamation work within the investment project from the specialized construction agency under the provincial People’s Committee, the provincial land authority is responsible for:
a) Determine and update the mean lower low water line over many years in the land reclamation area based on the current status of the shoreline and topography at the time of determination and update; report to the provincial People’s Committee to submit to the Ministry of Natural Resources and Environment for data update and publication in accordance with the law.
b) Determine and update the average multi-year high tide line, adjust the coastal protection corridor in the reclaimed land area according to the current shoreline and topography at the time of determination and update; present to the provincial People’s Committee for decision on supplementation and adjustment in accordance with the law.
Article 75. Determination of land levy, land rent
1. The determination of specific land prices for calculating land levies and land rents is carried out in accordance with the regulations of land law; in cases where the surplus method is applied to determine specific land prices, the estimation of total development costs must include the land reclamation costs approved by the competent state authority in accordance with Article 72 of this Decree; if the total development costs exceed the total development revenue, the difference shall be accounted for as part of the costs of the land reclamation investment project or the investment project that includes land reclamation works.
2. Within a period not exceeding 180 days from the completion date of the land reclamation, the investor of the land reclamation project or the investment project with a land reclamation work must prepare a dossier requesting the settlement of reclamation costs and submit it to the specialized construction authority under the provincial People’s Committee for appraisal.
Within a period not exceeding 90 days from the date of receiving all required settlement documents from the investor of the land reclamation investment project or a project with land reclamation works, the specialized construction agency under the Provincial People’s Committee shall settle the land reclamation expenses and submit them to the Provincial People’s Committee for approval.
3. The handling of the difference between the finalized coastal encroachment costs and the coastal encroachment costs included in the total development costs when determining specific land prices in cases where the residual method is applied (hereinafter referred to as the difference) is carried out as follows:
a) In the case where the reclaimed land costs that have been settled are less than the costs included in the total development costs, the investor must pay the difference;
b) In cases where the costs for land reclamation have been settled and are greater than the costs for land reclamation included in the total development costs, the difference shall be accounted for as part of the costs of the land reclamation investment project or the investment project that includes land reclamation.
4. In the case of land allocation or land lease for the implementation of land reclamation investment projects or investment projects with land reclamation works through the auction of land use rights, it is not required to comply with the provisions in Clause 2 and Clause 3 of this Article.
Article 76. Issuance of land use rights certificates and certificates of ownership of property affixed to land.
1. For areas of land that are not included in the area of land reclaimed from the sea, the Certificate of Land Use Rights shall be issued to the investor after they have fulfilled their financial obligations regarding the land.
2. For the area of land formed from land reclamation activities, the project investor of the land reclamation investment project or the investment project involving land reclamation works that has fulfilled its financial obligations regarding the land and has received a notice of approval of the results of the completion of land reclamation activities as stipulated in Article 74 of this Decree shall be granted a Certificate.
Section 4. CONCENTRATION AND AGGREGATION OF AGRICULTURAL LAND
Article 77. Concentration of agricultural land
1. Economic organizations and individuals executing the concentration of agricultural land shall negotiate with land users on the following matters:
a) The concentration method as prescribed in Clause 1, Article 192 of the Land Law for each land user and each land area;
b) The time for the implementation of agricultural land concentration;
c) The proportion of land area that land users must contribute for the construction of traffic roads and internal irrigation works to ensure the facilitation of agricultural production organization;
d) The plan for the restitution of land to the users after the completion of the agricultural land concentration; the restitution of land must ensure the stability of the plan for the utilization of concentrated agricultural land.
d) The rights and obligations of land users participating in agricultural land concentration for each method of concentration;
e) Other agreements as stipulated by law.
2. Business organizations and individuals involved in the agricultural land concentration must establish a land use plan that includes the following contents:
a) The scope, scale, location, and boundaries of the agricultural land concentration area;
b) The current status of land use includes: area, purpose, form, duration of land use, land manager, and land user;
c) The method of organizing agricultural production for the concentrated agricultural land area.
d) Proposal for land use regarding the area of land under the management of the State in the concentrated agricultural land zone;
d) Schedule for completion of the internal traffic and irrigation systems, the regional and parcel embankment systems; determination of the area of land converted for use in traffic and internal irrigation purposes.
3. In cases where the land use term of the parcel is shorter than the land use term of the land use plan, the land user shall request the competent People’s Committee to adjust the land use term to align with that of the land use plan; for the case specified in point a, clause 1, Article 172 of the Land Law, the land user is not required to undergo the procedure for adjusting the land use term.
4. The land management agency submits to the corresponding People’s Committee the implementation of signing and issuing the Certificate based on the approved land use plan by the competent authority; delivers the Certificate to the recipient; transfers one set of documents along with one copy of the issued Certificate to the land registry or branch office for the establishment and updating of land administration records and land database.
Article 78. Accumulation of agricultural land
1. Business organizations shall accumulate agricultural land through the following methods:
a) Receive LURs to agricultural land through conveyance;
b) Receive LURs to agricultural land through capital contribution;
c) Receive LURs to agricultural land through conveyance and receive LURs to agricultural land through capital contribution;
2. Economic organizations that implement the accumulation of agricultural land through the methods specified in points a and c, clause 1 of this Article must develop a plan for the use of agricultural land in accordance with the provisions of clause 6, Article 45 of the Land Law and submit it to the People’s Committee of the district level.
Within 25 days from the date of receiving the agricultural land use plan from the economic organization, the district-level People’s Committee shall issue a written approval. In case of disapproval, a written response must be provided, clearly stating the reasons.
3. After the agricultural land use plan is approved, the economic organization shall negotiate with land users to acquire the transfer of agricultural land use rights or to receive capital contribution in the form of agricultural land use rights; the land registration shall be conducted in accordance with the provisions of the Decree on basic land investigation; registration, issuance of land use rights certificates, and ownership of property affixed to land, as well as the land information system.
4. In cases where an organization that has contributed capital through rights to use agricultural land is dissolved or declared bankrupt, the rights to the land contributed as capital shall be handled in accordance with the legal provisions regarding dissolution and bankruptcy.
Section 5. REGIME OF LAND USE FOR NATIONAL DEFENSE AND SECURITY
Article 79. Use of national defense and security land
1. Entities using defense and security land are the units directly managing and utilizing defense and security land, including:
a) Units under the Ministry of National Defense, public non-business units, state-owned enterprises managed by the Ministry of National Defense, provincial and central-affiliated city military commands, district, town, provincial city, and central-affiliated city military commands, provincial and central-affiliated city Border Defense Commands, Border Stations, Border Command of Port Border Gates, Border Navy Teams, and military commands at the commune level.
b) Public units and public service providers under the Ministry of Public Security, Provincial and City Police directly under the Central Government, District, Town, City Police of provinces, municipalities, Police Stations, Commune, Ward, Town Police, Police of special administrative – economic units; state-owned enterprises managed by the Ministry of Public Security and other organizations under the Ministry of Public Security established in accordance with the law.
2. Users of defense and security land must utilize it in accordance with the purpose defined in the approved defense land use planning and security land use planning; they are allowed to use defense and security land in conjunction with production labor activities and economic construction as stipulated in Article 201 of the Land Law and the provisions of this Decree.
3. Defense and security land managed and utilized by military units, police units, public service providers belonging to the People’s Army, People’s Police, and state-owned enterprises assigned by the Ministry of Defense and the Ministry of Public Security must be repossessed and transferred to the local authorities in accordance with the provisions of Article 84 of the Land Law or according to the planning for the use of defense land and security land, shall be handled as follows:
a) For the area of land allocated to the families of officers, professional soldiers, defense civil servants, defense workers and officials, officers, non-commissioned officers, police workers, individuals working in the cryptography sector, and those engaged in other activities within the cryptography organization who have used this land for housing before July 1, 2014, and now align with the approved planning and land use plans by competent authorities, users of residential land shall be granted a Certificate of Land Use Rights and must fulfill financial obligations as prescribed.
b) For the areas of land currently managed and utilized by joint-stock companies under the Ministry of National Defense and the Ministry of Public Security as stipulated in Resolution No. 132/2020/QH14 dated November 17, 2020, by the National Assembly on piloting certain policies to resolve difficulties and outstanding issues in the management and use of defense and security land in conjunction with production labor activities and economic construction, as well as Decree No. 26/2021/ND-CP dated March 25, 2021, of the Government detailing certain provisions of Resolution No. 132/2020/QH14, implementation shall be in accordance with the contracts signed with the Ministry of National Defense and the Ministry of Public Security.
In cases where contracts have not yet been signed with the Ministry of National Defense or the Ministry of Public Security, the following procedures shall apply: For joint-stock companies where the State holds more than 50% of the charter capital and are managed by the Ministry of National Defense or the Ministry of Public Security, implementation shall be in accordance with the land use plans approved by the Ministry of National Defense and the Ministry of Public Security; for joint-stock companies where the State holds less than 50% of the charter capital and are managed by the Ministry of National Defense or the Ministry of Public Security, implementation shall be in accordance with the plans for rearrangement and handling of public property approved by the competent authority.
Article 80. State management of defense and security land
1. The Ministry of National Defense and the Ministry of Public Security are responsible for coordinating with the Ministry of Natural Resources and Environment to assist the Government and the Prime Minister in state management of land across the entire territory; coordinating with provincial People’s Committees in the process of performing land management functions within the scope of local administrative management; coordinating with ministries, sectors, and localities to develop plans for the use of land for national defense and security that align with the requirements for socio-economic development, strengthening national defense, and security; reviewing and determining the boundaries of land used for national defense and security purposes; identifying areas and sizes of national defense and security land that are no longer needed for use to hand over to local management and use; and updating and adjusting the plans for the use of land for national defense and security in cases specified in Clauses 2 and 3 of Article 84 of the Land Law.
2. The Minister of National Defense and the Minister of Public Security shall decide the transfer of areas of national defense and security land among the users of national defense and security land; change the purpose of land use within the national defense and security land in accordance with the approved national defense land use plan and security land use plan.
3. The Minister of National Defense and the Minister of Public Security decide to approve or delegate the authority to the heads of units under the Ministry of National Defense and the Ministry of Public Security to approve plans for the use of land for national defense and security in combination with labor production activities and economic development.
Article 81. Entities using land for national defense and security in combination with production labor activities and economic construction
1. Military units, police units, public service providers of the Vietnam People’s Public Security and the People’s Army of Vietnam;
2. State-owned enterprises under the management of the Ministry of National Defense and the Ministry of Public Security.
3. Organizations and individuals are allowed to continue using land for national defense and security in combination with labor production activities and economic construction in accordance with the provisions of Clause 4, Article 260 of the Land Law.
Article 82. Principles of using land for national defense and security in conjunction with production labor activities and economic construction
1. State-owned units and enterprises assigned by the Ministry of National Defense and the Ministry of Public Security to manage land in conjunction with labor production activities and economic construction linked to military, national defense, and security tasks must prepare a land use plan and are required to pay annual land levies.
In case the national defense or security land is used for both its main purpose and production or economic development to organize education; labor, rehabilitation, career guidance and vocational training for prisoners; training, production increase for improving life; logistics and technical support services, land levy is not required.
2. The annual land levy is determined based on the area of land used in conjunction with production labor activities and economic construction according to the approved plan, the land price as per the price list, the percentage rate of the annual land use unit price, and the rate of revenue outside of military, national defense, and security tasks.
3. Revenues stipulated in this Decree must be fully and timely submitted to the state budget and must prepare the budget estimates for revenues and expenditures in accordance with the Law on State Budget, prioritizing expenditures for military, defense, and security missions, as well as addressing backlog issues and policies for individuals during the restructuring of enterprises managed by the Ministry of National Defense and the Ministry of Public Security.
4. When the use of land is required to carry out military, defense, and security tasks, the Minister of National Defense and the Minister of Public Security shall decide to terminate the land utilization plans at the units and enterprises managed by the Ministry of National Defense and the Ministry of Public Security; relevant organizations and individuals must return the land to the units and enterprises under the management of the Ministry of National Defense and the Ministry of Public Security to fulfill military, defense, and security duties. The management of property and any arising constructions (if applicable) shall be carried out according to the approved land use plan and the relevant legal regulations.
Article 83. Responsibilities of the Minister of National Defense and the Minister of Public Security in the management and use of defense and security land combined with labor production activities and economic construction
1. Present to the authorities and competent individuals for issuance or issuance under their authority and organize the implementation of legal normative documents regarding the management and use of land for national defense and security, in conjunction with labor production activities and economic construction.
2. Issue decisions or regulations on the decentralization of authority to the heads of units subordinate to the Ministry of National Defense and the Ministry of Public Security to approve or terminate the plans for the use of land for national defense and security in conjunction with labor production activities and economic construction; the plans for project handling, land lease contracts, or joint venture agreements that have been implemented in accordance with the provisions of Clause 4, Article 260 of the Land Law.
3. The organization of the review of defense and security land, in conjunction with labor production activities and economic construction during the process of establishing and adjusting the land use planning for defense and security, shall be carried out according to the following regulations:
a) For land with significant economic value that no longer serves military, defense, or security purposes, it is necessary to report to the Prime Minister for consideration and decision regarding the change of land use purposes, in coordination with the provincial People’s Committee to organize an auction for the land use rights.
The land with significant economic value as stipulated in this section refers to land valued at 500 billion VND or more, calculated according to the land prices in the land price list determined by the provincial People’s Council based on the intended use as indicated in the approved planning.
b) For land that is no longer needed for military, national defense, and security purposes, it shall be handed over to the provincial People’s Committee for socio-economic development and management in accordance with the law, except for cases specified in point a of this clause;
c) For the land necessary for military, defense, and security tasks used by the equitized enterprise and capital divestment, it shall be implemented according to the approved plan for the arrangement and handling of houses and land by the competent authority.
4. Formulate a plan for the rearrangement and handling of houses and land at enterprises undergoing equitization and divestment in accordance with legal regulations.
5. Coordinate with the provincial People’s Committee to organize the auction of land use rights and property affixed to the land in accordance with the approved plan for the rearrangement and handling of houses and land in compliance with legal regulations.
6. Organize the collection and payment of the following amounts into the state budget:
a) The annual land levy when utilizing land for defense and security combined with production labor activities and economic construction as stipulated in this Decree;
b) The money collected from the auction of land use rights and property affixed to land in accordance with the provisions of the law;
c) The funds raised from the equitization and divestment of state capital in enterprises managed by the Ministry of Defense and the Ministry of Public Security shall comply with the provisions of the law.
7. The organization shall prepare the state budget estimate for military, national defense, security tasks, addressing backlog issues, ensuring benefits and policies for individuals when implementing the rearrangement of enterprises managed by the Ministry of Defense and the Ministry of Public Security from the revenue specified in clause 6 of this article, in accordance with the procedures and process prescribed by the law on state budgeting.
Article 84. Rights and obligations of units and enterprises assigned by the Ministry of National Defense and the Ministry of Public Security to manage when using defense and security land combined with labor production activities and economic construction
1. The rights and obligations of units and enterprises assigned by the Ministry of National Defense and the Ministry of Public Security to manage the use of defense and security land in conjunction with labor production activities and economic development shall be carried out in accordance with the provisions of Clause 3, Article 201 of the Land Law. When using defense and security land combined with labor production activities and economic construction, a land use plan must be developed and submitted to the competent authority for approval according to the provisions of this Decree.
2. Leasing, mortgaging, and capital contribution using property affixed to land must be carried out according to the plan approved by the Minister of National Defense and the Minister of Public Security; ensuring efficiency, rigor, and not affecting the implementation of military, national defense, and security tasks. In the case of buying and selling property affixed to land, handling collateral property, and contributed capital, it can only be done in banks with state-owned shares or contributions, or banks with contributions from state-owned enterprises managed by the Ministry of National Defense or the Ministry of Public Security; ensuring the requirements for military, defense, and security confidentiality.
Article 85. Cases of using land for national defense and security combined with production labor activities and economic construction are exempt from annual land levies
Military units, police units, public service providers under the People’s Army and the People’s Police, except for public service providers that are self-financed for regular expenses and investment expenses when using defense and security land combined with productive labor activities, economic construction (including when cooperating with state enterprises under the management of the Ministry of Defense or the Ministry of Public Security for implementation) primarily serving the unit’s mission and falling under one of the following cases, are not required to pay annual land levies:
1. Using land for national defense and security in combination with productive labor activities, building the economy to organize agricultural and forestry production increases, salt making, aquaculture, and seafood processing.
2. Using land for national defense and security combined with production labor activities, economic construction to organize logistical and technical support services including:
a) Libraries, museums; theaters, broadcasting, television, cinema facilities; press, printing, publishing facilities; guesthouses, government housing; medical facilities, pharmacies, nursing homes, resorts, rehabilitation and recovery centers; internal canteens;
b) Research, manufacturing, production, and repair facilities for military technical equipment, operational tools, and support instruments; military uniform production facilities; experimental production facilities; exhibition and trade promotion facilities for military and foreign affairs, security.
c) Maintenance and repair facilities for vehicles, machines, ships, boats, airplanes, technical equipment; warehouses, reserve stations, supplying and distributing gasoline and oil; storage yards for transportation means (including airplanes), technical expertise; logistics service facilities for fisheries; installation locations, ensuring security and safety for equipment in postal, telecommunications, information technology, electricity, and banking services for military, defense, and security tasks.
3. Using defense and security land in conjunction with labor production activities and economic construction to organize labor, education, reform, and training, including:
a) Educational institutions; sports competition and training facilities; training institutions, professional training and development centers;
b) Labor and vocational training area for prisoners;
c) Factories for labor rehabilitation for prisoners;
d) Facilities serving the daily activities of officers, soldiers, trainees, and inmates.
4. The Minister of Defense and the Minister of Public Security shall elaborate this Article.
Article 86. Cases of using land for national defense and security combined with production labor activities and economic construction with annual land levy payment
1. Public service providers belonging to the People’s Army and the People’s Police are responsible for covering regular and investment expenditures on their own, while state-owned enterprises managed by the Ministry of Defense and the Ministry of Public Security are assigned to manage and use defense and security land in combination with labor production activities and economic construction.
2. The cases of land use for national defense and security combined with production labor activities and economic construction are not included in the cases stipulated in clauses 1, 2, and 3 of Article 85 of this Decree.
3. The Minister of Defense and the Minister of Public Security shall elaborate this Article.
Article 87. Annual land levies
1. The annual land levy for the use of land for defense and security, combined with labor production activities and economic construction, is determined according to the following formula:
The annual land levy equals the area of land used in conjunction with production labor activities and economic construction according to the approved plan multiplied by the land price according to the land price list multiplied by the percentage rate of the annual land use unit price multiplied by the percentage rate of revenue outside of military, defense, and security duties annually. Where:
a) The land area used for combined labor production activities and economic construction does not include areas such as: internal traffic roads, dining halls, kitchens, residential houses, offices, guardhouses, parking lots, green areas, safety corridors, weapon testing areas, training areas, taxiways, airplane parking areas, runways, hangar areas, terminals, static service land for airports, facilities for airport patrolling and protection, airport control towers, and other essential facilities for flight operations, sports areas, traditional houses, cultural houses, community centers, kindergartens, nurseries, production teams, nurseries, guest houses, accommodation for officials, civil servants, workers’ housing, and other areas that do not generate profit.
b) The purpose of use combined is determined according to the type of land specified in Article 9 of the Land Law. In cases where land is used for multiple purposes without clearly defining the boundaries of land use between these purposes, the combined land use purpose shall be determined according to the type of land with the highest price.
c) The land price according to the land price list is determined based on the combined purpose of use for the year when the land levy is calculated, as defined in the land price list decided by the provincial People’s Council;
d) The annual unit price percentage of land use is applied according to the percentage (%) calculated for the annual land rental price of the year in which the land levy is assessed, in accordance with the Government’s Decree regulating land levies and land rents. In cases where there is a fluctuation in the percentage rate of the land use unit price within the year, the highest rate shall be applied.
d) The percentage of revenue from non-military, national defense, and security tasks is determined based on the annual financial reports of the unit or enterprise.
2. The time for calculating the annual land levy.
a) The first year is calculated from the first day of the following month after the decision approving the land use plan or the handling plan is issued by the Minister of National Defense and the Minister of Public Security, effective until December 31 of that year.
In cases where the land use plan or the plan for termination concludes in the first year, the annual land levy shall be calculated from the first day of the month following the decision approving the land use plan or termination plan, which takes effect as determined by the Minister of National Defense and the Minister of Public Security, until the last day of the month in which the land use plan or termination plan concludes.
In the year of land use combined with production labor activities and economic construction, if the land in question is required to perform military, national defense, and security duties that do not generate profit, the unit or enterprise shall be exempted corresponding to the duration of the military, national defense, and security duties performed.
b) The second year is calculated from January 1 to December 31 of each year;
c) The end of the year is calculated from January 1st to the last day of the month in which the land use plan or handling plan is concluded.
3. Within 30 days from the date of receiving the financial obligation notice from the Ministry of National Defense, the Ministry of Public Security, the unit, or the enterprise is required to fully meet the financial obligations as prescribed.
4. The Minister of National Defense and the Minister of Public Security are responsible for assigning relevant agencies to guide the collection and payment of land levies annually in accordance with the provisions of this Decree for state-owned units and enterprises managed by the Ministry of National Defense and the Ministry of Public Security.
Article 88. Formulation, appraisal, and approval of plan for use of defense and security land in conjunction with labor, production activities and economic construction
1. Military units, police units, public service providers under the People’s Army, People’s Public Security, and state-owned enterprises managed by the Ministry of National Defense and the Ministry of Public Security, when utilizing national defense and security land in conjunction with labor production activities and economic construction, are responsible for reviewing and preparing land use plans, which include:
a) The land use plan, including: the basis and necessity for establishing the plan; the current status of land use and property affixed to land; the content, location, area, purpose, form, and duration of land use for national defense and security combined with production labor activities and economic construction; an assessment of the impact of land use combined with production labor activities and economic construction on the performance of military, national defense, and security tasks; an evaluation of its alignment with national defense and security land use planning; a proposed plan for the handling of property affixed to land established upon the cessation of national defense and security land use combined with production labor activities and economic construction; socio-economic and environmental effectiveness; and organizational implementation solutions.
b) A copy of the decision on the stationed location or a copy of the decision on the allocation of land property; a copy of the decision on the scale of detention (if any); a copy of the certificate of land use rights or the decision on land allocation (if any);
c) Diagram of the current status of the land area;
d) Copies of relevant documents regarding the use of land for national defense and security combined with production labor activities and economic construction (if applicable).
2. For military units, police units, public service providers under the People’s Army, People’s Police, and state enterprises managed by the Ministry of National Defense and the Ministry of Public Security, a proposal shall be prepared along with the documentation of the land use plan specified in Clause 1 of this Article, to be submitted to the agency designated by the Ministry of National Defense and the Ministry of Public Security for appraisal.
3. For military units, police units, public service agencies under the People’s Army, People’s Police, and state-owned enterprises managed by the Ministry of National Defense and the Ministry of Public Security that have subordinate units, a land use plan shall be prepared in accordance with the provisions of Clause 1 of this Article and reported to the subordinate unit under the Ministry of National Defense and the Ministry of Public Security.
Within 20 days from the date of receiving the land use plan application, the direct superior unit under the Ministry of National Defense and the Ministry of Public Security is responsible for reviewing and preparing a proposal for the approval of the land use plan to be submitted to the authority designated by the Ministry of National Defense and the Ministry of Public Security for appraisal.
4. In the event that the application is not valid, within 05 working days from the date of receipt of the application, the agency assigned by the Ministry of National Defense and the Ministry of Public Security has the responsibility to return the application and clearly state the reasons in writing.
5. The sequence of appraisal and approval for land use plans that require annual land levies for defense land, as well as land use plans for security land, shall be implemented as follows:
a) Within 30 days from the date of receiving a valid land use plan application, the agency designated by the Ministry of National Defense and the Ministry of Public Security is responsible for organizing the appraisal;
b) In cases where the land use plan documents meet the requirements, the agency appointed by the Ministry of National Defense and the Ministry of Public Security is responsible for submitting it to the Minister of National Defense and the Minister of Public Security for review and decision;
c) In cases where the land use plan documentation does not meet the requirements, the agency authorized by the Ministry of National Defense and the Ministry of Public Security to conduct the appraisal must provide a written appraisal to the unit that submitted the land use plan for revision and completion.
Within 20 days from the date of receiving the appraisal document, the units under the Ministry of Defense and the Ministry of Public Security shall direct their subordinate units and enterprises to study and incorporate the appraisal feedback in order to revise and complete the land use plan dossier for submission to the Minister of Defense and the Minister of Public Security for consideration and approval.
d) Within 07 working days from the date of receiving the land use plan dossier, the Minister of National Defense and the Minister of Public Security shall decide to approve the national defense and security land use plan in conjunction with labor production activities and economic construction.
6. The content of the evaluation of the land use plan includes:
a) The necessity of using land for national defense and security in conjunction with labor production activities, economic construction, and ensuring the implementation of military, national defense, and security tasks;
b) The current status of land use, property affixed to land; the content, location, area, purpose, form, and duration of land use for defense and security purposes in conjunction with labor production activities and economic construction.
c) Assessment of the impact of land use in conjunction with production labor activities and economic construction on the implementation of military, defense, and security tasks;
d) Compliance with the planning of land use for national defense and security;
dd) The plan for handling property affixed to land established upon the termination of the use of land for defense and security combined with labor production activities and economic construction;
e) Environmental, socio-economic performance;
g) Solutions for organization of implementation.
7. The Minister of National Defense and the Minister of Public Security are responsible for assigning the relevant functional agencies, units, and enterprises to organize the implementation and provide guidance for developing plans and forms in accordance with the provisions of this Article.
Article 89. Revenues and expenditures from the use of land for national defense and security combined with labor production activities and economic construction
1. The Minister of National Defense and the Minister of Public Security are responsible for directing the organization of collection and payment of annual land levies from units and enterprises into the state budget, and must prepare revenue and expenditure estimates in accordance with the provisions of the State Budget Law.
2. Expenditure items:
a) Compensation, support for relocation, and ground clearance shall be provided when the area of land for defense and security is overlapped when issuing certificates of land use rights or when the State repossesses land for management and use by the Ministry of National Defense or the Ministry of Public Security without any investment projects; support shall be provided for the relocation of households and individuals out of the premises of defense and security property when they do not meet the conditions for transfer to local management and handling; support shall be provided for the relocation of households and individuals from encroached, encroached-upon, or inhabited areas of defense and security land; construction of anti-encroachment facilities; management and protection of defense and security land.
b) Only compensate for the remaining book value of property on defense and security land of enterprises undergoing restructuring, equitization, and divestment according to the approved plan;
c) Compensation shall be provided for the remaining value of property affixed to land in cases where the project or joint-venture contract is continued, but the State repossesses the land prior to the deadline of the signed project or contract for the purpose of socio-economic development in the interest of the nation and public benefit.
d) Expenses for addressing the policies concerning employees; resolving financial arrears arising from restructuring and equitization in cases where the enterprise lacks the capital to address these due to carrying out political, military, and defense tasks that have led to the accumulation of arrears.
d) Expenditures for the implementation of investment projects in the construction of defense and security works; expenditures for the construction of infrastructure, labor workshops, procurement of equipment for the rehabilitation of prisoners, and vocational training for prisoners;
e) Additional funds to the authorized charter capital as approved by the competent authority; investments in enhancing the production capacity for national defense and security of state-owned enterprises managed by the Ministry of National Defense and the Ministry of Public Security; funds for the development of national defense and security operations.
g) The responsibilities related to the policies for the military and police’s rear forces; activities of gratitude and repaying kindness; foreign defense and security relations.
h) Supports the construction of infrastructure, factories, and the procurement of equipment to carry out activities that generate revenue on defense land;
i) Funding for national defense and other security tasks as approved by the competent authority in accordance with the provisions of the law.
Article 90. Management of the funds collected from the use of defense and security land combined with labor production activities and economic construction
1. The state-owned units and enterprises managed by the Ministry of National Defense and the Ministry of Public Security are responsible for timely and fully submitting the payment for land use related to national defense and security, in conjunction with labor production activities and economic construction, to the temporary holding account opened at the State Treasury, which is managed by the Department of Finance under the Ministry of National Defense and the Department of Planning and Finance under the Ministry of Public Security.
2. The Ministry of Defense and the Ministry of Public Security shall remit the entire amount obtained from the use of defense and security land combined with production labor activities and economic construction into the state budget in accordance with regulations.
3. Annually, based on the revenue generated from the use of land for national defense and security combined with labor production activities and economic construction that have been submitted to the state budget, the Ministry of National Defense and the Ministry of Public Security prepare the budget expenditure estimates to be submitted to the Ministry of Finance for aggregation and reporting in accordance with the provisions of the State Budget Law.
Section 6. LAND USE REGULATIONS
Article 91. Areas for concentrated production and processing of agriculture, forestry, aquaculture and aquatic products
1. The project for concentrated farming, cultivation, production, processing of agricultural products, forestry products, aquatic products, and seafood with a large scale is a project with an area of 100 hectares or more, whereby the State will reclaim the land in accordance with Clause 23 of Article 79 of the Land Law for the investor to lease the land.
2. The project for the concentrated cultivation, production, processing of agricultural products, forestry products, aquatic products, and seafood not governed by the provisions of Clause 1 of this Article shall have the investor negotiate with the land user in accordance with the provisions of Article 127 of the Land Law to implement the project.
3. The planning of areas for breeding, cultivation, production, processing of agricultural products, forestry products, aquaculture, and seafood must ensure the following requirements:
a) Promote the development of agriculture, forestry, and fisheries in various districts, provinces, or economic regions throughout the country;
b) Focus on synchronizing shared infrastructure from production to processing stages;
c) Utilize land in a economical and efficient manner, ensuring disaster prevention and environmental protection.
4. The responsibility of investors in the business of infrastructure for the cultivation, production, processing of agricultural products, forest products, aquatic products, and seafood shall be concentrated in accordance with the provisions of Article 93 of this Decree.
Article 92. Land for construction of apartment complexes
1. Land designated for the construction of apartment complexes includes residential land for building apartment houses, mixed-use apartment houses for residential and office purposes, commercial and service establishments (hereinafter collectively referred to as apartment houses), construction of facilities that directly serve the lives of residents within the apartment complex, and land designated for community-serving facilities in accordance with the construction planning approved by the competent authority.
2. The investor of the project for the construction of the apartment complex and residential buildings is assigned land, leased land, and granted a Certificate of Land Use for the area of land belonging to the project in accordance with the following regulations:
a) For the area of land used for constructing apartment buildings and infrastructure projects utilized by the investor for business in accordance with the approved investment project and detailed construction planning by the competent state authorities, the investor shall be allocated land, leased land by the State, fulfill financial obligations, and be granted a Certificate in accordance with legal regulations. In the case of apartment buildings intended for mixed use, where a portion of the apartment floor area is utilized as offices, commercial establishments, or service facilities, the primary purpose of the land area designated for the construction of the apartment building is identified as residential land.
b) Regarding the area of land used for transportation roads and other infrastructure projects serving the residents within and outside the apartment complex, if the investor does not use this land for service business according to the investment project, the investor may be allocated or leased land by the State for management and construction of works without having to pay land levies or land rents; they will not be issued a Certificate of Land Use Rights; and the land area in question shall be transferred to local authorities for management after the construction is completed in accordance with the investment project, detailed construction planning, and the land allocation or leasing decision of the competent State authority.
3. The land use rights and the issuance of certificates in residential building projects, whether for sale or for sale combined with lease, shall be carried out in accordance with the following provisions:
a) The area of land belonging to the common usage rights of the owners of the apartment buildings, workplaces, commercial and service establishments within the apartment buildings (hereinafter collectively referred to as apartments) includes the land area for constructing the apartment building, creating yards, and planting flowers and greenery around the building, as well as the land for constructing external infrastructure works that serve directly for the apartment building, which the investor shall hand over for the apartment owners to organize their management and usage according to the investment project. The investor is responsible for clearly defining the location, boundaries, and area of land under common use in the investment project, detailed construction planning, and construction design to submit to the competent authority for approval; in the housing sale contracts and the completion drawings of the construction for the purpose of issuing a Certificate to the buyer.
b) The land use rights stipulated in point a of this paragraph are for common use; the use and disposition of these land use rights shall be decided by those who hold joint land use rights by majority vote and must serve the common interests of the community, in accordance with the provisions of the law.
c) The apartment owner shall be granted a Certificate for the area of the apartment and the area of common land as stipulated in point a of this clause for a long-term stable duration;
d) When issuing the Certificate to the buyer of the apartment, the certificate previously granted to the investor as stipulated in Clause 2 of this Article must be amended to reflect the change to a common land use form for the area of land specified in Point a of this Clause.
The land area designated for the construction project of the apartment complex, apart from the area specified in point b of clause 2 and point a of this clause, shall be under the control of the investor.
Article 93. Land for industrial zones or industrial clusters
1. Public service providers that are allocated land by the State for the purpose of investing in the construction and business of industrial park infrastructure, as stipulated in Clause 2, Article 202 of the Land Law, may sublease the land attached to the infrastructure. In the case where public service providers are allocated land by the State to implement investment projects for the construction and business of industrial infrastructure and industrial clusters, the competent People’s Committees shall allocate land or lease land within the industrial zone or cluster in accordance with the provisions of the Land Law.
2. The responsibility of the investor in constructing and developing the infrastructure of industrial zones and industrial clusters.
a) When signing a land lease contract, it is necessary to specifically determine the timeline for land use in accordance with the implementation progress of the investment project; to inspect, monitor, and urge the lessee to utilize the land in accordance with the timeline agreed upon in the contract.
b) Annually, investors engaged in the construction and business of industrial infrastructure and industrial clusters are responsible for reporting to the provincial People’s Committee and publicly announcing the area of land that has not been leased or is leased back within the industrial zone and industrial cluster on the investor’s website and the electronic portal of the provincial People’s Committee where the land is situated.
3. In the case where the lessee of land or the re-lessee does not utilize the land or delays its utilization compared to the schedule agreed upon in the land lease contract, except in cases of force majeure, the investors in the construction and business of the infrastructure of industrial zones and industrial complexes shall have the following responsibilities:
a) Require the lessee to implement measures to bring the land into use;
b) Report to the provincial People’s Committee cases of land not being put into use or delayed in putting land into use and publish this information on the electronic portal of the provincial People’s Committee.
4. In cases where the investor constructing and operating industrial infrastructure has implemented the measures stipulated in Clause 3 of this Article, but the lessee of the land or sub-lessee still fails to put the land into use or is delayed in putting the land into use as specified in Clause 8, Article 81 of the Land Law, the investor may unilaterally terminate the land lease contract and recommend that the competent People’s Committee repossesses the area of land in violation from the lessee or sub-lessee in order to hand it over to the investor for the construction and operation of industrial infrastructure.
The handling of rights and obligations related to the investors in constructing and operating infrastructure for industrial zones and clusters, as well as the lessees of land, shall be carried out in accordance with the provisions of civil law.
5. Regarding the case of land lease, leasing land back from the investor constructing and operating the infrastructure of industrial zones and industrial clusters before the effective date of this Decree, except for cases of force majeure, the competent People’s Committee shall repossess the land in the following cases:
a) Failing to utilize the land, or delaying the use of the land for more than 24 months compared to the schedule recorded in the investment project approved by the competent authority or the land use schedule stipulated in the land lease contract;
b) Failure to put the land into use, or delaying the use of the land for more than 24 months from the date of issuance of the land use rights certificate in cases where the content of the land lease contract does not specify the schedule for putting the land into use.
6. The procedure for land repossession in the cases specified in Clause 4 and Clause 5 of this Article shall be carried out in accordance with the provisions of Article 32 of this Decree.
7. The area of land used for the construction of infrastructure for common use in industrial zones and industrial clusters is exempt from land rents as stipulated in Clause 3, Article 202 of the Land Law. This includes transportation facilities, power supply systems, water supply, drainage, telecommunications, green land, water surfaces used collectively by the entire area, and wastewater treatment facilities within the industrial zone and industrial cluster.
8. The provincial and district-level People’s Committees are responsible for organizing the implementation of inspections and audits within their jurisdiction and taking action regarding cases of land lease and sublease in industrial zones and clusters where the land is not put into use or where the usage progress is delayed.
Article 94. Land used for economic zones
1. The authority to manage land in functional areas within economic zones is exercised by the People’s Committees at various levels in accordance with the regulations of the land law.
2. The process of land repossession, land use rights agreement, and rights to land use for the implementation of investment projects within functional areas in the economic zone is carried out as follows:
a) For projects that involve land acquisition as stipulated in Article 79 of the Land Law, the land repossession shall be carried out in accordance with the procedures outlined in Article 87 of the Land Law.
b) For projects that fall under the agreement for land use rights as stipulated in Article 127 of the Land Law, the procedure shall be carried out in accordance with Article 60 of this Decree;
c) For projects falling under the case of currently having land use rights as stipulated in Article 127 of the Land Law, the order and procedures for changing the purpose of land use to carry out the investment project shall be in accordance with the provisions of Clauses 2, 3, 4, and 6 of Article 44 of this Decree.
3. The allocation and lease of land within the economic zone shall be carried out as follows:
a) In cases of land allocation or land lease without auctioning of land use rights for the implementation of investment projects, the procedures shall be carried out in accordance with the provisions of paragraphs 2, 3, 4, and 6 of Article 44 of this Decree;
b) In the case of allocating land or leasing land through the auction of land use rights for the implementation of investment projects, the procedures and processes shall be carried out in accordance with the provisions of Article 55 of this Decree.
4. The provincial and district-level People’s Committees are responsible for organizing the implementation of inspections and audits within their authority, as well as addressing violations concerning cases where land has been allocated or leased by the State within the functional areas of the economic zones.
Article 95. Land used for high-tech zones
1. The land designated for the high-tech zone is land that serves high-tech activities. The establishment and implementation of the management and usage regime for high-tech zones must comply with the laws pertaining to high technology, land law, and related legislation.
2. For industrial parks with a technical infrastructure system fully funded by the state budget, the provincial People’s Committee is responsible for allocating land and leasing land to users within the high-tech zone.
3. Regarding the high-tech zone, which has a technical infrastructure system partially funded by the state budget and partially by the investor building and operating the infrastructure, the provincial People’s Committee shall carry out the allocation and lease of land within the high-tech zone according to the following regulations:
a) Allow investors to develop infrastructure by leasing land for the construction of technical infrastructure systems and utilizing land for public purposes in accordance with the detailed construction planning within the area of the investment project for constructing and operating infrastructure. Investors in infrastructure development are allowed to lease the infrastructure they have invested in after completing the construction in alignment with the approved phases of the investment project.
b) For the area designated to serve investment projects in production and business, excluding the land area specified in point a of this clause, the provincial People’s Committee shall allocate land and lease land to land users within the high-tech zone.
4. For the high-tech zone that is not funded by the state budget for the construction of technical infrastructure systems, the following regulations shall apply:
a) The provincial People’s Committee shall grant the investor the right to lease land for the construction and business of infrastructure, collecting annual rent or one-time rent for the entire lease period to implement the investment project for the construction and business of infrastructure. The investor who constructs the infrastructure system may lease back the land that has been developed with a synchronized technical infrastructure system in accordance with the approved phases of the investment project.
b) For the area of leased land with annual land rent payments, the infrastructure investor has the right to sublease the land with annual land rent payments; for the area of leased land under one-of arrangement, the infrastructure investor has the right to sublease the land under one-off arrangement or with annual land rent payments.
c) Investors engaged in the development and business of infrastructure that have been granted land leases by the State for the purpose of constructing and operating infrastructure in the high-tech zone under the annual land rent payment scheme are entitled to switch to a one-off arrangement for the entire lease duration for all or a part of the land area leased by the State.
5. For the area of land designated for the construction of shared infrastructure in the high-tech zone, which includes transportation facilities, electricity supply systems, water supply, drainage, telecommunications, green spaces, and shared water surfaces for the entire area, as well as wastewater treatment facilities according to the construction plan approved by the competent authority, the investor in infrastructure development and business is not required to pay land rents.
6. Investors who develop and operate infrastructure in the high-tech zone, as well as land users within the high-tech zone, are responsible for simultaneously complying with the provisions of the law on land and the law on high-tech zones.
Investors engaged in the construction and business of infrastructure as specified in Clause 3 of this Article must fulfill responsibilities similar to those of investors involved in the construction and business of infrastructure for industrial zones and industrial clusters as stipulated in Clauses 2, 3, 4, 5, and 6 of Article 93 of this Decree.
Article 96. Land used for civil airports and aerodromes
1. Based on the approved airport planning, the provincial People’s Committee shall preside over and coordinate with the Ministry of Transport and the Ministry of National Defense to determine the boundaries of the land area designated for civil activities, as well as the land area used jointly for civil and military activities, managed either by military or civil authorities.
2. The provincial People’s Committee shall carry out the allocation and lease of land for airports and civil airfields in accordance with the following provisions:
a) The allocation of land without charging for land use rights for the construction of state agency headquarters, units of the people’s armed forces, airport infrastructure works, and other auxiliary facilities of airports owned by the State shall be carried out in accordance with the procedures stipulated in Clauses 3 and 6 of Article 44 of this Decree;
b) Leasing land for the construction of airport infrastructure components and aviation service works, as well as non-aviation services not covered by the provisions in point a of this clause, through the auction of land use rights shall be carried out in accordance with the procedures stipulated in Article 229 of the Land Law and Article 55 of this Decree.
In the case of land lease that does not fall under the approval of investment policy or investor approval according to investment law, the order and procedures for land lease shall be carried out in accordance with the provisions of clauses 2, 4, and 6 of Article 44 of this Decree.
In cases of land lease subject to investment policy approval and investor approval in accordance with investment laws; land leases that are not subject to bidding for land use rights, not subject to a competitive selection of investors to implement projects using land, and cases of land lease through competitive bidding for selecting investors to implement projects using land, the procedures and formalities shall be carried out in accordance with the provisions of Article 49 of this Decree.
c) The area of land managed by the aviation authority in accordance with the provisions of point c, clause 2, Article 208 of the Land Law refers to the area of land that has been repossessed by the State, compensated, supported, and relocated for the implementation of the airport and civil aviation planning, which has not yet been allocated or leased;
d) When there is a need to invest in the construction of new facilities or to upgrade and expand existing facilities according to the airport planning approved by the competent state authorities within the land managed by the Air Traffic Department, the provincial People’s Committee shall proceed with land repossession to allocate or lease land as prescribed.
3. Within 90 days from the date this Decree comes into effect, the Aviation Authority is responsible for reviewing and reporting to the provincial People’s Committee on the land area that has been allocated and leased, as well as the remaining land area that has not been allocated or leased, from the total land area that has been entrusted to the Aviation Authority by the State.
4. For the land on which existing structures are currently being exploited and used stably, but which is no longer in accordance with the airport planning approved by the competent authority, the provincial People’s Committee shall lease the land based on a lease application, with a lease term determined annually until the State repossesses the land in accordance with legal regulations.
5. The airport authority is responsible for implementing measures to manage the land assigned by the provincial People’s Committee as specified in point c, clause 2 of this Article, to ensure the security and safety of aviation operations; and to coordinate with the People’s Committees at all levels to carry out land management work at the airports and civil aviation facilities.
Article 97. Land for construction of works and areas with safety corridors
1. The management and use of land in cases where the land is currently being utilized within the safety protection corridor of a construction site and the designated area shall be regulated as follows:
a) Land users are issued a Certificate in cases where they meet the conditions for issuance of the Certificate as stipulated by law.
b) In cases where the State reclaims land to protect the safety of structures or areas, land users shall be compensated, supported, and resettled in accordance with legal regulations if the use of land and property affixed to land existed prior to the announcement of the safety protection corridor of the structures or areas.
c) In cases where the operation of the project directly affects the life and health of land users, the state management authority responsible for the project shall consider the actual conditions or recommend that the specialized agency with the authority to assess the level of impact conduct an evaluation. If land repossession is necessary, it shall propose to the competent People’s Committee to make the decision on land repossession. Individuals whose land is repossessed shall be compensated, supported, and relocated in accordance with the provisions of the law.
2. The agencies and organizations directly managing the works and areas with safety protection corridors are responsible for leading and coordinating with the commune-level People’s Committee and the relevant district-level land authorities to review the current state of land use within the safety protection corridors of the works and areas, in order to recommend the competent state authorities to handle cases of land use within the safety protection corridors of the works and areas.
3. The handling of cases of trespass to land, appropriation of public construction land, and areas with safety protection corridors shall be carried out in accordance with the provisions of the law on the handling of administrative violations.
4. The temporary use of land for the construction of works in areas with safety protection corridors shall be agreed upon by the construction unit and the land users in accordance with the provisions of civil law.
Article 98. Land for construction of underground works
1. The use of land for the construction of underground facilities must be accompanied by an investment project, and the components of the investment project must be approved by the competent state authorities in accordance with the provisions of the law on investment, construction law, urban planning law, and architectural law.
2. In cases where land use involves the construction of surface structures to support the operation and exploitation of underground facilities in accordance with the planning and land use plans, the State shall repossess the land as stipulated in Clause 30 of Article 79 of the Land Law in order to allocate or lease the land to investors for the construction of underground facilities.
3. The order and procedure for land allocation and land lease for the construction of surface works to serve the operation and exploitation of underground facilities shall be carried out in accordance with the provisions of Article 49 of this Decree.
4. The duration of land use for the construction of underground works is determined in accordance with the provisions of Article 171 and Article 172 of the Land Law.
5. The authority to allocate land and lease land for the construction of underground works shall be carried out in accordance with the provisions of Article 123 of the Land Law.
6. The type of land for the construction of underground structures is determined according to the usage purposes stipulated in Article 9 of the Land Law and Article 5 of this Decree, regardless of the type of land defined above ground.
7. For the underground space, the implementation is as follows:
a) The investor organizes the construction of works underground in accordance with the laws on construction.
b) The competent people’s committee instructs the specialized agency on the construction of the inspection of underground works in accordance with the regulations of the law on construction and surveying, and the creation of maps of underground works in accordance with the regulations of the law on surveying and mapping;
c) The competent authority issuing the Certificate as stipulated in Article 136 of the Land Law shall grant a Certificate to the project investor for the area of land used for the construction of the facility above ground to serve the operation and exploitation of underground works; and shall certify ownership of the underground facility if requested by the project investor.
Article 99. Use of land for multiple purposes
1. The use of land for multiple purposes involves utilizing a portion of the area designated for the primary purpose of land use for other purposes as stipulated in Article 218 of the Land Law. The primary purpose of land use is the purpose for which the land lot is allocated, leased, or recognized by the State as rights to use the land, currently being used in a stable manner and meeting the conditions for the issuance of a Certificate of Land Use Rights.
2. Scope and conditions for the use of land for multiple purposes.
a) The use of land for mixed purposes does not fall under the case of changing the purpose of land use as stipulated in Article 121 of the Land Law;
b) The area of land used for combined purposes shall not exceed 50% of the area of land used for primary purposes, except for residential land utilized for multiple purposes;
c) Construction works on agricultural land for multi-purpose land use must be of appropriate scale and nature, and easily detachable. The area of land designated for construction purposes to be used for combined purposes on rice cultivation land and forestry land shall be comply with the provisions of the Decree elaborating rice cultivation land and forestry laws. Water-covered land must not be filled to alter the flow of water, the surface area of water, or the depth of the water layer;
d) The construction and renovation of facilities for combined use must comply with construction laws and other relevant laws;
dd) The land use term for combined purposes shall not exceed the remaining duration of land use for the primary purpose.
3. The content of the land use plan combined with commercial and service purposes.
a) Information about the land users;
b) Information about the land parcel and the land zone currently being used for its primary purpose, including: location, area, purpose of use, form of land use (State allocates land without land levy; State allocates land with land levy; State allocates land, leases land exempt from land levy and lease fee; State leases land with a one-time lease fee for the entire lease duration; State leases land with annual lease fee; land acquired through legitimate transfer of land use rights from other organizations or individuals); duration of land use (perpetual duration, remaining duration for cases of land with a stipulated use period);
c) Information regarding the used land area combination, including: Location, area, purpose of use, duration of combination use;
d) The plan for the construction and renovation of the works in cases of land use for combined purposes with buildings, including new construction projects and renovation of existing structures;
d) The plan for dismantling the construction works and restoring the land to meet the conditions for its primary use upon the expiration of the usage period for mixed purposes;
e) Commitments and measures as prescribed by relevant laws to ensure that there is no impact on national defense and security; to minimize the impact on the preservation of natural ecosystems, biodiversity, and environmental landscapes; and to avoid affecting the land use of adjacent plots of land;
g) Diagrams and maps related to the land parcel and the area used for combined purposes.
4. Documents, procedures, and processes for approving land use plans combined with multiple purposes.
a) The documents include: a written proposal for the use of land combined for multiple purposes according to Form No. 15 in the appendix issued with this Decree; a land use plan for the combination; a land use certificate that has been issued or one of the types of documents prescribed in Article 137 of the Land Law.
b) Individuals with the need for multi-purpose land use shall submit one set of land use registration documents to the competent land authority at the district level. The agency responsible for land management at the district level shall take the lead and coordinate with relevant departments to appraise the land use plan, while submitting it to the district People’s Committee. The district People’s Committee is responsible for reviewing and approving the land use plan. The time for conducting the appraisal and approval of the land use plan shall not exceed 15 days from the date of receiving a complete and valid application. In the event of disapproval, a written response must be provided, clearly stating the reasons.
c) Organizations that need to use land for multiple purposes must submit one set of applications for combined land use to the provincial land authority.
The provincial land management agency leads and coordinates with relevant departments and sectors to appraise the land use plan and submits it to the provincial People’s Committee, which is responsible for reviewing and approving the land use plan. The time for conducting the appraisal and approval of the land use plan shall not exceed 15 days from the date of receiving a complete and valid application. In the event of disapproval, a written response must be provided, clearly stating the reasons.
5. The land area used for commercial and service purposes; non-agricultural production facilities; use for mining activities; construction of postal, telecommunications, technology, and information infrastructure; outdoor advertising; and solar energy must pay annual land rents.
The land price for calculating land rents is the land price as determined by the land price list issued by the Provincial People’s Council.
In cases where land is used for the primary purpose and the land levy and lease fee have already been paid, only the difference in land levies and land rents between the primary land use purpose and the combined purpose needs to be paid.
The sequence of calculation, collection, and submission of land levies and land rents for combined purposes shall be carried out in accordance with the provisions of the Decree regulating land levies and land rents.
6. The extension of the land use plan for multi-purpose implementation is carried out as follows:
a) Before the expiration of the land use period, combined with 30 days, the land user, if there is a need for an extension, shall submit a written request for an extension of the land use plan to the competent authority as specified in Clause 4 of this Article;
b) Within a period of no more than 07 working days from the date of receiving the application, the competent People’s Committee is responsible for reviewing and extending the land use plan in combination;
c) The review and extension of the land use plan shall be based on the requirements specified in Clause 2, Article 218 of the Land Law.
7. In the process of using land in combination, if the land user does not continue to use it according to the approved plan, they must submit a document to the competent People’s Committee specified in Clause 4 of this Article and must restore it to meet the requirements for continued use for the primary purpose as stipulated.
When the land use period for combined purposes expires without extension, the organization or individual using the land is responsible for restoring it to meet the conditions for primary land use according to the approved plan.
8. In cases where public service providers utilize buildings and structures affixed to land allocated by the State, which have been invested in and constructed for the purpose of fulfilling State assignments but have not yet been utilized to their full capacity for business, leasing, joint ventures, or partnerships in accordance with public property laws, there is no obligation to convert to land lease; instead, the management and use of public property should adhere to relevant legal regulations.
Article 100. Contribution of land use rights and adjustment of land for the implementation of investment projects.
1. Conditions regarding land for participation in contributing land use rights
a) The area of land of the land users participating in the contribution of land use rights as stipulated in Clause 3, Article 219 of the Land Law must have a certificate of land use rights or meet the conditions for the issuance of a certificate.
b) The land area managed by state agencies and organizations as stipulated in Clause 5, Article 219 of the Land Law shall not exceed 30% of the total land area of the project contributing land use rights and shall not meet the conditions to be separated into an independent project as prescribed in Clause 2, Article 127 of the Land Law.
2. In the case of contributing land use rights in accordance with point c, clause 2, Article 219 of the Land Law, after the adjustment of land, the contributor of land use rights shall receive the land use rights or ownership rights to housing or construction works according to the plan for contributing land use rights, which has been approved after the adjustment of land.
The implementation of the plan to contribute rights to land use and readjust land for this case must establish a project in accordance with the provisions of Clause 6, Article 219 of the Land Law. The selection of the investor shall comply with the legal provisions regarding investment.
3. The contribution of land use rights and the adjustment of land shall be carried out as follows:
a) Land users within the scope of the area proposed for the contribution of land use rights shall discuss, agree, and reach a consensus on the implementation, sign a cooperation contract; select the investor to implement the plan for contributing land use rights and adjusting land allocation, who shall represent the land users or collaborate with other investors that already have legal personality;
b) The investor shall develop a plan for contributing land use rights and adjust the land in accordance with the provisions stated in Clause 4, Article 219 of the Land Law, submitted to the competent People’s Committee as stipulated in Point b, Clause 3, Article 219 of the Land Law.
In cases where a project to contribute land use rights is required, adjustments to land use shall be made in accordance with the legal regulations on investment.
c) The competent People’s Committee specified in point b, clause 3, Article 219 of the Land Law is responsible for approving the plan for land use rights contribution and for making adjustments to land use.
In the case of consolidating agricultural land for production purposes according to the provisions in point a, clause 2, Article 219 of the Land Law, the plan for contributing land use rights and adjusting land due to the approval of the People’s Committee at the district level applies to cases where individuals contribute land use rights; and the approval of the provincial People’s Committee applies to cases involving organizations participating in the contribution of land use rights.
Within 30 days from the date of receiving the land use rights contribution proposal and land adjustment, the competent People’s Committee must provide a written approval. In case of disapproval, a written response must be given, clearly stating the reasons.
The procedures for establishing and approving the project to contribute land use rights and for adjusting land use shall be conducted in accordance with the laws on investment.
d) The competent People’s Committee organizes the auction of land use rights for the land area specified in point b, clause 5, Article 219 of the Land Law. The bidding for land use rights shall be carried out in accordance with the provisions set forth in Section 4, Chapter VI of this Decree. Proceeds from the LUR auction shall be used for project implementation.
d) The competent People’s Committees shall direct the acceptance of technical infrastructure, social infrastructure, environmental, and public service items for management, serving the community.
4. The land authority shall present to the People’s Committee of the same level to carry out the signing and issuance of the Certificate based on the land use rights contribution plan, adjusting the land that has been approved by the competent authority; issue the Certificate to the recipient; and transfer one set of documents along with one copy of the issued Certificate to the Land registry or the Branch of the Land registry for the establishment and updating of the cadastral records and land database.
MONITORING AND EVALUATING LAND MANAGEMENT AND USE; INSPECTING LAND SPECIALTY
Article 101. Monitoring and assessment of land management and use
1. Monitoring and evaluation for the state management agency on land use include the following contents:
a) The work of propaganda and dissemination of laws regarding land management;
b) Organize the implementation of the Land Law and the guiding documents for its enforcement;
c) Surveying work, creating cadastral maps, and specialized land use maps; registration, establishing land records, developing land database; issuing certificates; statistics, and inventory of land.
d) Formulate, adjust, and implement land use plans and schemes.
dd) Land acquisition, compensation, support, and resettlement when the State reclaims land; development of the land bank;
e) Land allocation, land lease, land repurposing;
g) Establish, adjust, amend, and supplement the land price list, determining specific land prices;
h) Carry out administrative procedures and public services related to land matters;
i) Resolving disputes, complaints, and denunciations in the management and use of land;
k) Inspections, checks, and legal enforcement regarding violations of land law.
2. Monitoring and evaluating compliance with land law by land users includes the following contents:
a) The fulfillment of obligations of land users, including: land registration; using land for the intended purpose, within the correct boundaries of the land parcel; fulfilling financial obligations regarding land; complying with regulations when exercising the rights of land users;
b) The situation of violations of land laws in the area, including: encroachment, occupation of land, land degradation; use of land for purposes other than intended; failure to put land into use or delays in the utilization of land for investment projects.
3. The inspection and supervision of the actual management and use of land is to be conducted as follows: Annually, based on the declarations and reports of land users, of agencies responsible for land management at all levels, and the status of land management and use in the locality, the Ministry of Natural Resources and Environment and the People’s Committees at all levels shall develop plans and organize inspections of state management over land and the usage of land by users.
4. The subjects of monitoring and evaluation are the responsibility of the Ministry of Natural Resources and Environment as stipulated in point a, clause 4, Article 232 of the Land Law, including:
a) Investment projects with a land use scale of 30 hectares or more in urban areas and 50 hectares or more in rural areas; investment projects for the construction and operation of golf courses; industrial cluster projects; airport and seaport projects; land reclamation projects;
b) Organizations that are using land with a scale of 50 hectares or more in urban areas and 100 hectares or more in rural areas.
5. The registration of land, as well as the reporting on the situation of management and use of land by the land users, shall be carried out as follows:
a) Land users are responsible for registering land as stipulated in Article 132 and Article 133 of the Land Law;
b) Domestic organizations and foreign-invested economic organizations are responsible for reporting on land management and usage on an annual basis.
The report shall include the following content: the name of the organization using the land; the address of the land area and land lot; the area of the land area and land lot (specifying the area of land being used for the correct purpose; the area of land being used for incorrect purposes; the area of land not yet put into use; the area of land being encroached upon, occupied, in dispute, co-invested, co-joined, leased, lent non-compliant with regulations); documents regarding land use rights; the fulfillment of financial obligations related to land; and proposals or recommendations (if any).
6. Reporting time:
a) Organizations that utilize land to implement the project stipulated in item a, clause 4, Article 232 of the Land Law and clause 4 of this Article must report to the Ministry of Natural Resources and Environment and the People’s Committees at all levels before December 31 of each year.
Organizations that utilize remaining land are required to report to the People’s Committees at all levels before December 31 of each year.
b) The commune People’s Committee reports to the district People’s Committee before January 10 of the following year.
c) The district People’s Committee reports to the provincial People’s Committee before January 20 of the following year.
d) The provincial People’s Committee reports to the Ministry of Natural Resources and Environment before January 30 of the following year.
dd) The Ministry of Natural Resources and Environment shall, based on the reports from the provincial People’s Committees, compile a report to the Prime Minister before March 1 of the following year.
7. Report format
The report on the land use situation of land users is carried out on the monitoring and evaluation system for the management and use of land as stipulated in Article 233 of the Land Law.
During the time when there is no monitoring and evaluation system for land management and use, land users shall report in writing according to the guidelines of the Ministry of Natural Resources and Environment to the agencies specified in Clause 6 of this Article, either by directly submitting to the agencies or through public postal services or via the national public service portal at the provincial level.
8. The monitoring and evaluation report regarding the management and use of land by the Ministry of Natural Resources and Environment and the People’s Committees at all levels must include the following contents:
a) Evaluate the current situation of land management implementation in the area; the results of the implementation of land management contents as stipulated in Clause 1 of this Article within its jurisdiction.
b) Evaluate the compliance with land laws and the effectiveness of land use by land users in the areas specified in Clause 2 of this Article;
c) Assess the impact of land policies and laws on the economy, society, and environment in the area;
d) Assessing and ranking the land management work of the authority responsible for state management of land in accordance with the provisions of paragraphs 1 and 2 of this Article based on the criteria issued by the Ministry of Natural Resources and Environment;
dd) Propose and recommend effective management and use of land.
Article 102. Provision and Reflection of Information on Land Management and Use
The provision and reflection of information regarding land management and usage is implemented as follows:
1. The agency responsible for land management, as well as civil servants engaged in local land administration, is obliged to report and provide comprehensive, accurate, timely, and objective information regarding land management and usage; the results of implementing projects and proposals related to land management to the corresponding People’s Committee and the higher-level land management agency for updates in the monitoring and evaluation system regarding land management and usage.
2. The ministries, sectors, and relevant agencies are responsible for reporting and providing full, accurate, timely, and objective information related to land management and use within the scope of their management duties.
3. Organizations and individuals must provide complete, accurate, timely, and objective information regarding the management and use of land to the competent land authorities and commune-level People’s Committees for updating into the monitoring and evaluation system concerning land management and usage.
Article 103. Basis, authority, responsibilities, content, and forms of specialized inspections in land management
1. Inspection base
a) Annual regular inspection plan;
b) Directives from the governmental agency and authorized individuals managing state land affairs;
c) Feedback and recommendations from organizations, individuals, or through mass media regarding legal violations in the management and use of land.
d) When detecting acts of violations by officials, civil servants, and public employees in land management during the performance of their duties.
2. Authority to issue inspection plans, decision on inspections, and responsibility for implementation.
a) The Minister of Natural Resources and Environment, the head of the specialized management agency for land under the Ministry of Natural Resources and Environment, shall issue inspection plans and decide inspections related to land across the entire country.
The People’s Committees at all levels, along with Heads of agencies responsible for land management under the People’s Committees, shall issue inspection plans and decisions regarding land management within their respective jurisdictions.
b) The Ministry of Natural Resources and Environment and the specialized land authorities under the Ministry of Natural Resources and Environment; provincial and district land management agencies; officials, civil servants, and employees performing land management functions are responsible for conducting specialized inspections in land management.
c) The head of the inspection team, the leader of the inspection group, and the person assigned the inspection task shall announce the decision to conduct the inspection or the document appointing the inspector; organize and carry out the inspection in accordance with the contents of the inspection decision; assign specific tasks to members of the inspection team, inspection group; be responsible to the individual who issued the inspection decision, the document appointing the inspector, and before the law for the inspection activities; execute the authority of the head of the inspection team, the leader of the inspection group, and officials or civil servants performing their duties in accordance with legal regulations.
Members of the inspection team and the inspection group are responsible for carrying out inspection duties as assigned and directed by the head of the inspection team and the leader of the inspection group in accordance with the content of the inspection decision. They should propose to the head of the inspection team and the team leader to implement necessary measures to ensure that inspection activities are effective and lawful.
3. Forms and methods of assessment
a) The inspection of land management is carried out according to the annual plan or unexpectedly; it is conducted either by establishing an Inspection Team or by issuing a document appointing an Inspection group or designating an inspector.
b) The inspection plan must be issued before December 31 of the previous year to carry out periodic inspection activities; decisions and documents for unscheduled inspections may be made when there are grounds stipulated in Clause 1 of this Article. The annual inspection plan must ensure there is no overlap in content, subjects, or scope with the land inspection plan.
c) The organization of inspections is carried out in various forms, including: conducting inspections at the inspection site, sending documents to the inspecting authority, organizing online meetings regarding the inspection content, or any other form (if applicable).
4. The content of the land inspection stipulated in point a of clause 4, Article 234 of the Law on Land includes:
a) Checking of the compliance with land law by the People’s Committees at all levels; land authorities at all levels; officials and employees of land authorities at all levels; civil servants engaged in land management work at the commune level.
b) The arrangement of resources and other conditions to ensure the enforcement of land law; the implementation of statistics, reporting obligations, storage, and the establishment and management of land database.
5. The specialized land inspection activities are ensured not to overlap with the inspection activities, and do not affect the normal operations of agencies, organizations, and individuals; there is coordination with the relevant authorities.
6. The responsibility for reporting the results of the inspection and the authority to issue the Inspection Conclusion Notice.
a) The head of the inspection team, the leader of the inspection group, and the appointed inspector are responsible for reporting the inspection results;
b) The authorized person who decides to conduct the inspection as prescribed in point a, clause 2 of this Article is responsible for issuing the inspection conclusion notice or delegating the authority to the head of the inspection team to issue it.
7. The funds for the inspection are allocated from the state budget. The establishment, management, utilization, and settlement of funds for inspections shall be conducted in accordance with the provisions of the law on state budget.
8. The authorized person specified in Clause 2 of this Article directs the development of a plan and organizes the implementation of specialized land inspection in accordance with the functions, duties, and powers of the unit.
Article 104. Procedures for conducting inspections
1. Decide to conduct inspections, establish inspection teams or assign inspection groups, appoint inspectors.
a) Based on the annual inspection plan, the directives of the agency, and the authority of the state management over land, as well as depending on the purpose and nature of the inspection, the authority specified in point a, clause 2 of Article 103 of this Decree shall decide to establish an Inspection Team or appoint an Inspection Group, designating an inspector.
b) The inspection team consists of the Head, the Deputy Head (if applicable), and its members; the inspection group includes the Leader and its members; in cases where the matter is not complex and requires a quick report, inspectors may be assigned.
c) The establishment of the inspection team, the appointment of the inspection group, and the assignment of individuals to carry out inspection duties shall be carried out in the form of issuing a decision or other administrative documents;
d) The duration for conducting an inspection shall not exceed 30 days. During the inspection process, the Head of the inspection team is authorized to extend the inspection period once, but not exceeding 7 working days.
2. Develop a plan for inspection and outline the report requirements:
a) The head of the inspection team and the leader of the inspection group are responsible for directing the organization to develop plans and outlines for the reports to be submitted to the subject of the inspection.
In the case of appointing an inspector, the inspector shall coordinate the inspection plan with the subject of the inspection without the necessity to develop a separate inspection plan.
In the case of an unannounced inspection, there is no need to develop an inspection plan, nor is there a requirement for the inspected party to report prior to the inspection.
b) The subject of the inspection is responsible for reporting in accordance with the outline or at the request of the inspection team, the inspection group, or the inspector before the announcement of the inspection decision and the commencement of the inspection at the facility.
3. The inspection team, the inspection group, and the inspector will conduct the inspection as follows:
a) Announce the inspection decision, the inspection document, the document appointing inspector, and conduct the inspection immediately after the announcement;
b) Collect records, study documents, work with relevant organizations and individuals, and conduct field inspections; if necessary, request relevant organizations and individuals to provide additional records, documents, and explanations for any unclear content; document the results of the work in minutes.
c) Prepare an inspection result report, draft an Inspection Conclusion Notification, and submit it to the competent authority for a decision on the inspection as provided in point a, clause 2, Article 103 of this Decree within 15 days from the date of completion of the inspection period stated in the inspection decision, inspection document, and document appointing the inspector.
The inspection result report and the draft inspection conclusion notification must reflect the following contents: the results of the inspection, an assessment of correct and incorrect actions according to legal regulations; recommendations and proposals for handling measures.
4. Within 10 days from the date of receiving the inspection results report and the draft Inspection Conclusion Notice, the authorized person who decides the inspection as stipulated in point a of clause 2 of Article 103 of this Decree must sign the Inspection Conclusion Notice or issue a document to address the recommendations of the Inspection Delegation, the Inspection Team, and the individuals carrying out the inspection duties.
The inspection conclusion notification or the document on addressing of the inspection results must clearly state the time of implementation and the results, sent to the inspected subjects and publicly announced for execution.
5. Organize the implementation of the inspection conclusion notification, and the document on addressing of the inspection results.
a) From the date of receiving the inspection conclusion notification, the handling document, the inspected subject, agencies, organizations, and individuals involved are responsible for organizing the implementation and reporting the results as required in the inspection conclusion notification and the handling document;
b) The issuing authority of the inspection decision, the inspection team, the inspection group, and the inspector are responsible for monitoring and urging the implementation of the inspection conclusion notification and handling documents;
c) Check the implementation of the inspection conclusion notification and the handling documents.
Upon the expiration of the deadline for the implementation of the inspection conclusion notification and the handling document, the competent authority specified in point a, clause 2, Article 103 of this Decree shall consider the issuance of a decision or document to inspect the implementation of the inspection conclusion notification and the handling document.
The maximum inspection period is 05 working days from the commencement of the inspection. If the content of the inspection is complex and the scope of the inspection is extensive, the maximum duration for the inspection shall be 15 days from the commencement date of the inspection. No later than 03 working days from the date of completion of the inspection, the inspector is responsible for reporting the inspection results to the authorized individual who issued the inspection decision.
RESOLVING LAND DISPUTES, ACTS OF VIOLATION OF LAND LAWS IN THE PERFORMANCE OF DUTIES IN THE FIELD OF LAND MANAGEMENT
Article 105. Procedures for mediation of land disputes
1. When receiving a request for mediation of land disputes, the commune-level People’s Committee is responsible for carrying out the following tasks:
a) Within 03 working days from the date of receiving the application, the People’s Committee at the commune level must inform the parties involved in the land dispute and the land registry or the branch of the land registry where the disputed land is located in writing about the acceptance of the request for land dispute mediation; in case of non-acceptance, a written notification must be provided, clearly stating the reasons.
b) To examine and verify the causes of disputes, gather relevant documents and materials provided by the parties regarding the origin of the land, the process of land use, and the current state of land use;
c) Establish a Land Dispute Mediation Council to carry out mediation as stipulated in point b, clause 2, Article 235 of the Land Law. Depending on the specific case, it may be appropriate to invite representatives of the local community as defined in Clause 3, Article 6 of the Land Law; respected individuals from the family in the place of residence or workplace; individuals with legal expertise and social knowledge; village elders, religious dignitaries, individuals with detailed knowledge of the case, civil servants from the local Department of Justice and Civil Status; representatives from the Farmers’ Association, Women’s Association, War Veterans’ Association, Ho Chi Minh Communist Youth Union at the commune level; as well as other relevant individuals or organizations to participate in the land dispute mediation council.
d) Organize a mediation meeting with the participation of the disputing parties, members of the Land Dispute Mediation Council, and individuals with related rights and obligations.
Mediation shall only be conducted when all disputing parties are present. In the event that one of the disputing parties is absent for the second time, it shall be considered an unsuccessful mediation.
2. The result of land dispute mediation must be documented in a record, including the following contents: the time and place of the mediation; the participants in the mediation process; a summary of the disputed content clearly outlining the origin, the time of land use in dispute, and the causes of the dispute according to the verification results; the opinions of the land dispute mediation council; and the issues that have been agreed upon or not agreed upon by the disputing parties.
The minutes of the reconciliation must bear the signatures of the Chairperson of the Council, the parties in dispute. In cases where the minutes consist of multiple pages, each page of the minutes must be signed, stamped by the commune-level People’s Committee, and promptly sent to the parties in dispute, while also being kept at the commune-level People’s Committee.
3. Within a period of 10 days from the date of the successful mediation record, if the disputing parties provide a written opinion different from the agreement reached in the mediation record, the Chairperson of the People’s Committee at the commune level shall organize a new meeting of the Mediation Council to consider and resolve the supplementary opinions, and must prepare a mediation record indicating whether the mediation was successful or not.
4. In the event that reconciliation is unsuccessful, the commune-level People’s Committee shall guide the disputing parties to submit their application to the competent authority for further dispute resolution.
5. The funding for supporting land dispute mediation as stipulated in this Article shall be implemented in accordance with the regulations of the law on State budget.
Article 106. Procedures for resolving land disputes under the jurisdiction of the Chairperson of the People’s Committee at the district and provincial levels.
1. The individual who submits a request for the resolution of a land dispute must file the application with the competent People’s Committee.
2. The Chairperson of the competent People’s Committee is responsible for:
a) Within 05 working days from the date of receiving the application, a written notification must be sent to the parties involved in the land dispute and the Land registry or the Branch of the Land registry, as well as the People’s Committee at the commune where the disputed land is located, regarding the acceptance of the application for the resolution of the land dispute. In case of non-acceptance, a written notification must be sent stating the reasons clearly.
b) Assign the responsibility to the consulting agency for resolution.
3. The advisory agency is tasked with verifying and investigating cases, facilitating mediation among the disputing parties, organizing meetings of relevant departments and sectors to advise on land dispute resolution (if necessary), and completing the documentation to submit to the Chairperson of the People’s Committee at the same level for issuing a decision to resolve the land dispute. The documentation for resolving land disputes includes:
a) Request for resolution of land dispute;
b) Minutes of mediation at the commune-level People’s Committee; minutes of meetings with the disputing parties and relevant individuals; minutes of inspection of the status of the disputed land; minutes of meetings among related central and local authorities for consultation on resolving land disputes in case of unsuccessful mediation (if any); minutes of mediation during the process of dispute resolution.
c) Extracts of maps, cadastral records, remote sensing data over the periods related to the disputed land area (if any), and documents serving as evidence in the process of resolving disputes;
d) Report proposing and drafting the decision to resolve the dispute or the draft decision to recognize the successful mediation.
4. The chairperson of the competent People’s Committee shall issue a decision to resolve the dispute or a decision to recognize the successful mediation and send it to the parties involved in the dispute, as well as to the organizations and individuals with related rights and obligations.
5. The duration for the procedure of resolving land disputes
a) The time for conducting the procedure for resolving land disputes under the jurisdiction of the Chairperson of the District People’s Committee shall not exceed 45 days from the date of accepting the application for resolving the land dispute.
b) The time for conducting the procedure for resolving land disputes under the authority of the Chairperson of the Provincial People’s Committee shall not exceed 60 days from the date of accepting the application for resolving the land dispute.
c) For mountainous and border communes; islands; areas with difficult socio-economic conditions; and regions with particularly challenging socio-economic conditions, the time for implementing the provisions in points a and b of this clause shall be extended by an additional 10 days.
Article 107. Procedures for resolving land disputes under the jurisdiction of the Minister of Natural Resources and Environment
1. The individual who wish to resolve land disputes shall send a written request to the Minister of Natural Resources and Environment.
2. After receiving the request, the Minister of Natural Resources and Environment has the following responsibilities.
a) Within 05 working days from the date of receiving the request, a written notification must be sent to the parties involved in the land dispute and the Land registry or the Branch of the Land registry, as well as the People’s Committee at the commune where the disputed land is located, regarding the acceptance of the request for resolution of the land dispute. In case of non-acceptance, a written notification must be sent stating the reasons clearly.
b) Assign the unit with the function of advising on resolution. The assigned unit is responsible for collecting and researching the documentation; organizing mediation between the disputing parties; if necessary, presenting to the Minister of Natural Resources and Environment for a decision to establish a working group to conduct verification and investigation of the case at the local level; and finalizing the documentation for the Minister of Natural Resources and Environment to issue a decision to resolve the land dispute.
3. The documentation for resolving land disputes includes:
a) Request for resolution of land dispute;
b) Minutes of work with the disputing parties, with relevant organizations and individuals; minutes of inspection of the status of the disputed land; minutes of mediation during the dispute resolution process;
c) Extracts of maps, cadastral records, remote sensing image data over periods related to the disputed land area (if any), records, and documents serving as evidence and proof during the process of resolving land disputes at the local level.
d) Report proposing and drafting the decision to resolve the dispute or the draft decision to recognize the successful mediation.
4. The Minister of Natural Resources and Environment shall issue a decision to resolve the dispute or a decision to recognize the successful mediation and send it to the parties involved in the dispute, as well as to the organizations and individuals with related rights and obligations.
5. The time for conducting the procedure for resolving land disputes under the authority of the Minister of Natural Resources and Environment shall not exceed 90 days from the date of accepting the application for resolving the land dispute.
Article 108. Grounds for resolving land disputes in cases where the disputing parties do not possess documents of land use rights, enforcement of decisions regarding the resolution of land disputes
1. Land disputes in cases where the disputing parties do not possess a land use right certificate or lack any of the documents specified in Article 137 of the Land Law shall be resolved based on the following grounds:
a) Evidence regarding the origin and use of the land provided by the parties involved in the land dispute;
b) The actual area of land that the disputing parties are using, apart from the area of land in dispute, and the average area of land per capita in the locality;
c) The compliance of the current land use of the disputed parcel with the approved land use planning and plans by the competent state authority;
d) Policies to favor individuals who have contributed to the revolutionary cause and their relatives;
dd) Legal provisions regarding land allocation, land lease, and recognition of land use rights.
2. Submit an application for the enforcement of the decision on land dispute resolution.
After the 30-day period from the date the dispute resolution decision comes into effect, if the parties or one of the parties does not comply, the party entitled to the enforcement of the land dispute resolution decision shall submit a request for enforcement of the land dispute resolution decision to the People’s Committee at the district level where the land is located.
3. Issuance of the decision to enforce the execution of the decision on the resolution of land use disputes.
a) Within 15 days from the date of receiving the request for enforcement of the decision on the resolution of land disputes, the Chairperson of the People’s Committee at the district level where the disputed land is located shall issue a decision to enforce the implementation of the decision regarding the resolution of the land dispute;
b) The enforcement decision must be enforced within a period of 10 days from the day on which the person against whom the enforcement is sought received the enforcement decision or from the day on which the People’s Committee of the commune-level administrative devision made the record showing that the person against whom the enforcement is sought is absent or refuses to receive the enforcement decision, except for the case where the enforcement decision stipulates a longer period.
4. The principle of enforcement of decisions regarding the resolution of land disputes.
a) The enforcement must be conducted publicly, democratically, objectively, ensuring order, safety, and in accordance with the law;
b) The commencement of enforcement shall take place during working hours. The enforcement measures shall not be imposed in the period between 10:00 pm of the previous day and 06:00 am of the next day; in days off, national holidays, and ethnic holidays; within 15 days before and after the Lunar New Year holiday and other special cases that seriously affect security, politics, order, social safety, local customs and practices;
5. Enforcement of the decision on the resolution of land disputes shall be carried out when the following conditions are met:
a) The decision to resolve the land dispute has come into effect, but the parties or one of the parties involved in the dispute do not comply with the decision, despite having been encouraged and persuaded by the commune-level People’s Committee and the Vietnam Fatherland Front Committee at the commune level where the disputed land is located.
b) Decision to enforce the implementation of the decision to resolve the land dispute that has been publicly posted at the headquarters of the communal People’s Committee and at the common gathering place in the residential area where the disputed land is located;
c) Decision to enforce the implementation of the land dispute resolution decision that has come into effect;
d) The person subject to coercion has received the coercion decision.
If the person refuses to receive the enforcement decision or is absent upon grant of the enforcement decision, the People’s Committee of the commune-level administrative division shall make a record.
6. Procedures and processes for executing enforcement decisions
a) Before proceeding with the enforcement, the Chairperson of the District People’s Committee shall decide to establish the Enforcement Committee;
b) The enforcement team is responsible for formulating a coercive plan to be submitted for approval by the district-level People’s Committee. The enforcement plan must include the following basic contents: the purposes and requirements of the enforcement; the time, location, and schedule for carrying out the enforcement; means and tools to serve and support the enforcement; the participants and forces involved in the enforcement; coordinating components; funding for the enforcement; a plan for the preservation of property relocated from the enforcement area (if any); and responsibilities for implementation.
c) The committee shall carry out coercive actions, persuasion, and dialogue with the individuals subject to enforcement.
In the case of individuals subjected to enforced compliance with land dispute resolution decisions, the Enforcement Committee shall record the compliance in an official document; the execution of the contents outlined in the land dispute resolution decision shall take place immediately after the documentation, under the supervision of the Enforcement Committee.
d) The enforcement board is entitled to force the person against whom the enforcement is sought and relevant people to leave the land zone subject to enforced repossession, remove their property from the land; unless the enforcement board shall move the person against whom the enforcement is sought and relevant people as well as their property out of the land zone.
If the person against whom the enforcement is sought refuses to receive property, the enforcement board shall make a record and preserve the property according to the law and notify holders of the property to receive their property;
7. The members of the enforcement committee include:
a) The Chairperson or Vice Chairperson of the district People’s Committee serves as the Head of the Committee;
b) Members representing the district-level agencies include: agencies responsible for land management, construction, inspection, and justice; representatives from the leadership of the commune-level People’s Committee where the land is located, and other members as determined by the Chairperson of the district-level People’s Committee.
8. The provincial People’s Committee allocates funds to enforce the decision to resolve land disputes.
9. The time for carrying out the compulsory enforcement procedure for the decision resolving land disputes, as prescribed in Clauses 3, 6, and 8 of this Article, shall not exceed 45 days from the date the decision to enforce the resolution of the land dispute takes effect.
Article 109. Violations of land law when performing public duties in the field of land
1. Violations of regulations regarding the documentation and boundary markers of administrative units include the following actions:
a) Distorting the location diagram, coordinate table, handover minutes of the boundary markers of administrative units;
b) Marking the boundary of administrative units incorrectly in the field.
2. Violations pertaining to the formulation, adjustment, approval, and management of land use planning and plans include the following actions:
a) Failure to timely organize the establishment and adjustment of land use planning and plans as prescribed;
b) Establishing and approving land use plans and schedules that do not comply with the prescribed content;
c) Failure to comply with regulations regarding the organization of public consultation during the preparation of land use planning and plans;
d) Issuance of decisions on and approvals of land use planning and plans ultra vires;
d) Review and adjustment of land use planning and plans that are inconsistent with principles and regulations;
e) Failure to disclose or improperly disclosing land use planning and plans; failure to review, assess, adjust, revoke, and publicly announce the adjustment or cancellation of land repossession or land repurposing regarding the area of land specified in the district-level annual land use plan after 02 consecutive years of non-implementation; failure to report on the implementation of land use planning and plans.
3. Violations of regulations regarding land repossession, compensation, support, and resettlement include the following acts:
a) Land repossession not in accordance with the cases specified in Articles 78, 79, 81, and 82 of the Land Law;
b) Land repossession for national defense and security purposes; socio-economic development for national and public interests not based on valid grounds, lacking necessary conditions as stipulated;
c) Failure to notify the land holder of the land repossession as stipulated; failure to adhere to the proper procedures for land repossession, compensation, support, and resettlement in accordance with the Land Law.
d) Carrying out land repossession ultra vires; for incorrect entities;
dd) Implementing compensation, support, and resettlement incorrectly regarding the beneficiaries, the area of land, the level of compensation, support, and resettlement for individuals whose land is being repossessed; misrepresenting the land reclamation documentation; inaccurately determining the location and area of land to be repossessed in the field;
e) Enforcement of the implementation of mandatory land inspection decisions, enforcement of the implementation of land repossession decisions that are not in accordance with principles or insufficient conditions; issuance of enforcement decisions ultra vires; the procedures for implementing enforcement decisions not in accordance with regulations; and failure to fulfill responsibilities in the enforcement of land repossession decisions.
4. Violations of regulations regarding land requisition include the following actions:
a) Provision of compensation to the wrong entities, incorrect land area, compensation levels and compensation periods for individuals whose land is requisitioned;
b) Land requisition not in accordance with the provisions of Article 90 of the Land Law.
5. Violations of regulations concerning land allocation, land lease, and land repurposing include the following actions:
a) Land allocation, land lease, and land repurposing that are not based on valid grounds and do not meet the conditions as prescribed.
b) Allocation or lease of land that is currently under management and use by individuals when the competent state authority has not yet decided to repossess the land or has not completed the compensation, support, and resettlement in accordance with the law, except in cases where the transfer of real estate projects is permitted under the laws on real estate business.
c) Allocation or lease of land in incorrect position and area on the ground;
d) Allocating, leasing or repurposing land ultra vires, for incorrect entities;
dd) Allocating land and leasing land not in accordance with the provisions of Articles 124, 125, and 126 of the Land Law;
e) Allowing the use of land to implement socio-economic development projects through agreements on the receipt of land use rights or while having land use rights that do not comply with the provisions of Article 127 of the Land Law.
6. Violations of the regulations concerning the registration and issuance of certificates of land use rights include the following acts:
a) Failure to establish a complete cadastral record as required, failure to amend or update changes fully and promptly when land users carry out administrative procedures related to land or as requested by competent state authorities.
b) Confirming the origin of the land when registering and issuing certificates of land use rights that do not comply with legal regulations;
c) Issuing a certificate of land use rights not to the correct land user, not to the correct land area, not to the correct location, not meeting the conditions for issuance, not for the correct purpose of land use, or not within the correct term of land use;
d) Correcting, revoking, and annulling the land use right certificates that have been issued ultra vires or to the wrong entities;
dd) Issuing certificates of land use rights, confirming changes in cases of registration of changes ultra vires or not meeting the stipulated conditions.
7. Financial violations related to land include the following actions:
a) Calculating land levies and land rents incorrectly based on grounds and at the wrong times as stipulated; exempting or reducing land levies and land rents incorrectly for non-eligible entities.
b) Based on the land valuation regulations, using input information to determine the land price in violation of laws;
c) Determining specific land prices not in accordance with deadlines, principles, conditions, or methods as stipulated;
d) Failure to timely issue the annual land price list;
dd) Applying specific land prices and land price list for wrong entities prescribed by law;
e) Issuing decisions on land prices ultra vires.
8. Violations of land management regulations as assigned by the State for management include the following actions:
a) Allowing the situation where individuals authorized by law to use land temporarily utilize the land for purposes other than those intended;
b) Misuse of land.
c) Allowing the land to be trespassed and appropriated without any preventive measures;
d) Leasing, lending, or conveying land contrary to legal regulations;
dd) Failure to register in the cadastral records, and failure to submit reports to the directly superior People’s Committee on the management and operation of the unused land bank in their areas.
9. Violations of regulations on the implementation of administrative procedures related to land include the following actions:
a) Failing to receive valid applications; accepting applications without recording them in the tracking register.
b) Unilaterally establishing administrative procedures beyond the prescribed regulations;
c) Resolving administrative procedures out of the prescribed order, delaying the delivery of documents that have been signed by the competent authority to the requester of the administrative procedures;
d) Addressing administrative procedures late compared to the stipulated deadline;
dd) Refusing to carry out or to not carry out administrative procedures that, according to land laws, have met the necessary conditions for implementation;
e) Carrying out administrative procedures ultra vires;
g) Making decisions, recording opinions, or confirming documents in violation of regulations, resulting in damage or facilitating the requester of administrative procedures causing harm to the State, organizations, and citizens;
h) Losing, damaging, or distorting the content of the documents.
10. Violations regarding land repossession in cases stipulated in Article 81 of the Land Law include the following actions:
a) Failure to send notifications of the cases of land repossession specified in Clause 6, Article 81 of the Land Law to the land authorities to carry out the procedures for submission to the competent authorities for land repossession as prescribed;
b) Failure to submit decisions on land repossession, failure to issue decisions on land repossession in the case specified in Clause 6, Article 81 of the Land Law after receiving notifications from the tax authorities;
c) Failure to submit the decision on land repossession, failure to issue a decision on land repossession within 30 days from the date of receiving the document from the monitoring authority on the implementation of the decision to impose administrative penalties regarding the continued violations by the land user in relation to the land repossession cases specified in clauses 1, 2, and 7 of Article 81 of the Land Law;
d) Failure to submit the decision on land repossession and failure to issue a decision on land repossession according to the conclusions of the competent authority regarding land repossession cases stipulated in clauses 3, 4, 5, and 8 of Article 81 of the Land Law.
11. Other violations include:
a) Failure to prevent or address violations of land law that result in serious consequences;
b) Failure to duly fulfill the responsibilities in detecting, preventing, and handling violations of land law;
c) Gender discrimination in land management and use;
d) Creation of obstructions or difficulties for the land use or the exercise of land users’ rights according to provisions of law;
dd) Failure to provide information on land or provision of incorrect information about land;
e) Failure to submit reports or late submission of reports on land management as prescribed;
g) Use of land development funds for purposes other than intended;
h) Commission of violations against policies on land support for ethnic minorities.
12. Individuals who engage in unlawful conduct in land management while performing official duties as stipulated in this Article shall be handled according to official laws, public employee laws, and other related laws.
IMPLEMENTATION CLAUSES
Article 110. Amendments and supplements to certain articles of Decree No. 37/2019/ND-CP dated May 7, 2019, of the Government elaborating the implementation of certain articles of the Law on Planning
1. Amendments to Article 22:
“Article 22. Content of the national land use planning
1. Analysis and assessment of factors, natural conditions, resources, conditions directly affecting and use of land by fields and sectors;
a) Analysis and assessment of natural conditions, natural resources and environment;
b) Analysis and assessment of current state of socio-economic development related to land use; urban development and rural development.
c) Analysis and assessment of the current use of land, changes in land use, results of implementing national land use planning in the previous period according to land types specified in clause 6 of this Article.
2. Consolidation and analysis of the results of assessing soil quality, land potential, soil pollution, and land degradation across the country and its socio-economic regions.
3. Forecast about the changing trend of land use during the planning period, including: Change in the use of the categories of agricultural land and non-agricultural land; the potential for the utilization of unused land.
4. Determination of the viewpoints and objectives for the use within the planning period of land included in agricultural land category, non-agricultural land category, and vacant land category in a manner that conforms to the strategies for socio-economic development and the national master plan; and meets the requirements for socio-economic development, national defense, security, environmental protection, natural disaster management, and adaptation to climate change.
5. Development of a land use orientation during the 10-year planning period, with a vision for land use planning of from 30 to 50 years, associated with land use zoning and space on the basis of land potential that meets the need for using land for socio-economic development; ensure national defense and security; protect environment, prevent and mange natural disasters, and adapt to climate change;
6. Determination of land use quotas for agricultural land category and non-agricultural land category, specifying certain types of land as follows:
a) Rice cultivation land;
b) Protective forest land;
c) Dedicated forest land;
d) Natural production forest land;
dd) Defense land;
e) Security land.
7. Assessment of the impact of the plan on land use distribution and organization on the economy, society, environment, and ensuring national defense and security.
8. Solutions and resources for development of the land use planning
a) Solutions for soil protection, restoration, environmental protection, and adaptation to climate change;
b) Identification of the resources required for the implementation of land use planning;
c) Solutions for organizing the implementation and monitoring of land use planning.
9. Preparation of a report on the land use planning.
10. Development of a system of diagrams and maps for the national land use planning including: The current land use map; the land use planning map; thematic maps; including maps at a scale of 1:1.000.000 to 1:100000 in both digital and printed formats.
11. Establishment and update of the national land use planning profile database into the national information system and the national database on planning, the national information system and the national database on land.
12. The Ministry of Natural Resources and Environment shall provide technical regulations on the preparation and adjustment of national land use planning.”.
2. Amendments to Clause 7 of Article 28:
“7. Land use orientation up to each district-level administrative division
a) Land use orientation according to spatial planning and functional land use based on the land use quotas allocated by the national land use planning and the identified land use needs of sectors and fields; ensuring the land use needs of sectors and fields in accordance with the land potential of the local division; enhancing the effectiveness of land resources to achieve socio-economic development goals; ensuring national defense and security; protecting the environment, preventing natural disasters, and adapting to climate change; meeting the requirements for the development of a synchronous infrastructure system, ensuring spatial connectivity for inter-sectoral and inter-regional development, economic corridors, and dynamic development areas; land banks meeting the demand for development in education, health, social services, culture, physical education, sports, and social housing.
b) Diagram of land use zoning orientation;”.
3. Amendments to Section VII of Appendix IV:
“VII. Content for the establishment and adjustment of the national defense land use planNINg and the security land use planNING.
1. Analysis and assessment of the factors affecting the use of defense land and security land
a) The impact of the Party’s policies and guidelines, as well as the legal policies of the State;
b) Orientation for socio-economic development and various plannings; schemes that have impacts on the use of defense land and security land;
c) The impact of science, technology, and the influence of natural disasters and climate change.
2. Analysis and assessment of the impact of the use of defense land and security land
a) Impact on socio-economic development;
b) Impact on the environment, biodiversity;
c) Impact on disaster prevention and response activities, as well as adaptation to climate change.
3. Analysis of the current status of defense land use and security land use in the previous period.
4. Forecast of the impact of scientific and technological advancements and socio-economic development on the use of defense land and security land; identification of the demand for use of national defense and security land, the requirements for land use standards, and predictation of the trends in changes in the use of national defense and security land.
5. Identification of the viewpoints and objectives for the use of national defense and security land during the planning period, in accordance with the strategy for socio-economic development, national defense, and security of the country, as well as the national master plan and the national land use plan.
6. Orientation of spatial distribution and land use quotas of defense and security land
a) National defense or security land use orientation;
b) Determination of the location and area of defense land and security land for each region and provincial administrative division;
c) Determination of the land use quotas and norms of defense and security land;
d) Consolidation of the positions and areas currently used for national defense and security land;
dd) Determination of the location and area of newly allocated land for national defense and security purposes;
e) Identification of the location and area of national defense and security land transferred to local authorities for socio-economic development.
7. Phasing of the national defense/security land use planning for each 05-year plan period.
8. Solutions and resources for development of the land use planning
a) Solutions regarding the mechanisms and policies for managing defense land and security land;
b) Financial and investment solutions;
c) Solutions for organizing the implementation and monitoring of land use planning.
9. Development of a report on land use planning, maps, diagrams, and a database regarding national defense land use planning and security land use planning. These include the current land use maps for defense and security land; the maps for national defense and security land use planning; maps of defense and security land zones handed over to local authorities for management and use for socio-economic development purposes, at a scale of 1:100.000; the current land use maps for defense and security land in key areas; and the orientation diagrams for the use of defense and security land in key areas, at a scale of 1:50.000.
10. The Ministry of Natural Resources and Environment shall provide technical regulations on the preparation and adjustment of national defense land use planning and security land use planning.”.
4. Annulment of the content of the security land use planning stated in Section VIII of the Appendix III.
1. This Decree comes into force from August 01, 2024.
2. The following Decrees are invalid from the day on which this Decree comes into force:
a) Decree No. 119-CP dated September 16, 1994 of the Government;
b) Decree No. 43/2014/ND-CP dated May 15, 2014 of the Government;
c) Decree No. 01/2017/ND-CP dated January 06, 2017 of the Government;
d) Decree No. 148/2020/ND-CP dated December 18, 2020 of the Government;
dd) Decree No. 10/2023/ND-CP dated April 03, 2023 of the Government;
e) Decree No. 42/2024/ND-CP dated April 16, 2024 of the Government.
3. A number of Articles and clauses of the following decrees shall be annulled:
a) Article 1 of Decree No. 136/2018/ND-CP dated October 05, 2018 of the Government;
b) The paragraph “the classification of urban projects as prescribed in Appendix IX of this Decree shall not serve as the basis for identifying new urban center construction projects subject to land repossession as prescribed in Article 62 of the Land Law No. 45/ 2013/QH13; the contents related to the law on land, the law on bidding for urban centers and new urban areas shall comply with regulations of the law on land and the law on bidding.” of Clause 1b, Article 110 of Decree No. 15/2021/ND-CP, which has been amended by Decree No. 35/2023/ND-CP dated June 20, 2023 of the Government amending and supplementing certain articles of decrees in the state management sector of the Ministry of Construction;
c) Notes of Appendix IX of Decree No. 15/2021/ND-CP, which has been amended by Decree No. 35/2023/ND-CP dated June 20, 2023 of the Government amending and supplementing certain articles of decrees in the state management sector of the Ministry of Construction;
d) Article 11 of Decree No. 104/2022/ND-CP dated December 21, 2022 of the Government of Vietnam on amendments to Decrees on submission and presentation of household register booklets, temporary residence register booklets upon carrying out administrative procedures or providing public services.
Article 112. Transition clauses
1. Regarding to land allocation, land lease, permission for land repurposing
a) For rice cultivation land, protective forest land, and dedicated forest land that have received approval from the Prime Minister before August 1, 2024, or resolutions from the Provincial People’s Council on permission for land repurposing, but without a decision on land repossession, land allocation, land lease, or permission for land repurposing for project execution, they may be transitioned to execution in subsequent years, but no longer than a period of 03 years. Additionally, it is not required to repeat the procedures for presentation to the provincial People’s Council as stipulated in Clause 1, Article 122 of the Land Law if the project continues to be implemented;
b) In cases where there has been a written approval from the Prime Minister or a resolution of the provincial People’s Council on permission to repurpose rice cultivation land, protective forest land, dedicated forest land prior to the effective date of this Decree, the criteria and conditions stipulated in this Decree shall not be applied;
c) In cases where procedures for appraisal or submission for the Prime Minister’s approval, or presentation to the provincial People’s Council for the repurposing of rice cultivation land, dedicated forest land, and protective forest land have been carried out prior to the effective date of this Decree, they shall be implemented in accordance with the provisions of Clause 1, Article 122 of the Land Law and the regulations in this Decree;
d) In cases where there has been a decision to adjust the decision on land allocation, land lease, or the permission for land repurposing due to the adjustment of the investment project or detailed construction planning of the investment project in accordance with the law before the effective date of this Decree, the land procedures shall continue to be carried out according to the regulations of the law in force at the time of issuance of the decision to adjust the decision on land allocation, land lease, or permission for land repurposing, without having to comply with the provisions of this Decree.
d) In the case where business organizations, households or individuals have repurposed land in accordance with the provisions of Clause 30, Article 2 of Decree No. 01/2017/ND-CP dated January 6, 2017 of the Government, which amends and supplements several decrees detailing the implementation of the Land Law, they may continue to use the land according to the form of land use stipulated in Clause 30, Article 2 of Decree No. 01/2017/ND-CP.
e) In cases where the competent State authority has allocated land or leased land without land use right auction due to exemption from land levies or land rents as stipulated in Clause 12, Article 1 of Decree No. 148/2020/ND-CP dated December 18, 2020, by the Government amending and supplementing several decrees detailing the implementation of the Land Law, the land can continue to be used;
g) In cases where there have already been decisions to allocate land or lease land for the narrow parcels managed by the State as stipulated in Clause 11, Article 1 of Decree No. 148/2020/ND-CP dated December 18, 2020 of the Government amending and supplementing several decrees detailing the implementation of the Land Law, the process of allocating and leasing land shall continue to be carried out in accordance with the provisions of the land law before August 1, 2024, without having to comply with the provisions of this Decree;
h) For cases where investors are approved according to the provisions of Clause 3, Article 29 of the 2020 Investment Law, but have not completed the procedures for land allocation, land lease, and land repurposing before the effective date of this Decree, the procedures for land allocation, land lease, and land repurposing as stipulated in Clause 10, Article 1 of Decree No. 10/2023/ND-CP dated April 3, 2023 of the Government which amends and supplements certain provisions of the decrees guiding the implementation of the Land Law, the procedures for land allocation, land lease and land repurposing as prescribed in Article 228 of the Land Law and Article 49 of this Decree shall be applied. The competent authority shall carry out the investor approval procedure when the investor meets the conditions set forth by the relevant laws.
The authorities and individuals with the jurisdiction to handle land allocation, land lease, and the permission for land repurposing are not responsible for matters concerning investment guideline approval, investor selection as stipulated by the law on investment, housing law, and other related legal provisions;
i) In cases where the competent authority has allocated or leased land without land use right auction due to an exemption from land levies and land rents as stipulated in Clause 1, Article 3 of Decree No. 10/2023/ND-CP dated April 3, 2023 of the Government on the amendment and supplementation of several decrees detailing the implementation of the Land Law, the land may continue to be used;
k) In cases where the application for auction of land use rights has been received prior to the effective date of Decree No. 10/2023/ND-CP dated April 3, 2023 of the Government which amends and supplements several decrees detailing the implementation of the Land Law, but the land allocation and lease procedures have not yet been completed before the effective date of this Decree, they shall continue to be executed in accordance with the laws in effect at the time of receiving the application.
The allocation of land and lease of land in accordance with the provisions of Clause 10, Article 255 of the Land Law, which has been amended and supplemented by Law on Amendments to Certain Articles of the Land Law No. 31/2024/QH15, Housing Law No. 27/2023/QH15, Real Estate Business Law No. 29/2023/QH15, and Credit Institutions Law No. 32/2024/QH15, shall be carried out in accordance with the regulations on the procedures for land allocation and land lease without land use right auction as stipulated in this Decree.
2. In cases where a decision has been made to allocate land or lease land without land use right auction or bidding for selecting the investor executing the land-based project in accordance with land laws prior to the effective date of this Decree, the procedures regarding land shall continue to be carried out in accordance with the laws in force at the time the decision to allocate land or lease land was issued, without needing to comply with the provisions of this Decree.
3. In cases where land is used for the implementation of socio-economic development projects through agreements on land use right acquisition, and the area of land does not meet the conditions for conveying land use rights, contributing capital through land use rights, or selling property affixed to land that are subject to state repossession for leasing to investors according to legal regulations before August 1, 2024, and where a decision on land allocation or lease has not been issued, the procedures shall continue to be executed in accordance with the provisions of this Decree.
In cases where land use is designated for the implementation of socio-economic development projects through agreements on land use right acquisition that are currently in progress in accordance with legal regulations prior to August 1, 2024, and have not been completed, investors may request the provincial People’s Committee to approve the continuation of negotiations with land users as provided in this Decree.
4. Households and individuals using agricultural land prior to the effective date of the Land Law 2024, who have not yet been granted a certificate of land use rights, shall have a land use term of 50 years from the date of issuance of the land use right certificate.
5. In the event that the land use term has expired but the competent state authority has not repossessed the land by the effective date of this Decree, the land user shall be entitled to carry out the procedure for extending the land use term within 06 months from the effective date of this Decree. Should the land user fail to complete the extension procedure within this period, the State shall repossess the land, unless there are cases of force majeure.
6. In cases where applications for land use extension have been received before the effective date of this Decree, the provisions of the Land Law No. 45/2013/QH13 and the detailed regulations and guidelines shall continue to be applied. In cases where land users request implementation according to the provisions of this Decree, the competent authority shall resolve the matter in accordance with the regulations set forth in this Decree.
7. In cases where land reclamation investment project has received written approval from the competent state authority for the implementation of the investment project and the investor has submitted a application for allocation of marine areas before April 1, 2024, but has not yet received the results on the processing of the application, the investor shall have the option to proceed in accordance with the procedures outlined in Decree No. 11/2021/ND-CP dated February 10, 2021 of the Government on the allocation of certain marine areas to organizations and individuals for the exploitation and use of marine resources, or as provided by this Decree.
8. In cases where land reclamation investment project has received written approval from the competent state authority for the implementation of the land reclamation investment project, and the investor has been allocated the marine area for land reclamation in accordance with legal regulations before April 1, 2024, but have not yet been allocated land or leased land, the investor shall be allowed to continue performing land reclamation as per the decision allocating the marine area without having to pay for the use of the marine area for the remaining period. They may request the provincial People’s Committee to allocate land or lease land without land use right auction and to implement the land reclamation investment project or the land reclamation works in accordance with the provisions of this Decree.
9. In cases where land reclamation investment project as stipulated in clauses 7 and 8 of this Article has a zone planning or detailed plan approved by the competent state authority prior to the effective date of this Decree, such project may continue according to the approved planning. However, there must be a plan to ensure the public’s access to the sea during the implementation of the land reclamation investment project or the land reclamation works of the investment project, as required by the provincial People’s Committee.
10. In case where the investor has been allocated land or leased land by the competent state authority to implement the investment project, the coastal erosion poses a direct risk to the area of land of the investment project, the competent state agency has granted written approval for the investor to voluntarily allocate investment funds (not funded by the state budget) to carry out anti-erosion works and measures in accordance with the laws on disaster prevention and control prior to the effective date of this Decree and additional land area is formed due to sedimentation after the construction of the works and is contiguous to the area of land currently used by the investor (including land area formed both before and after the effective date of this Decree), the State shall allocate land or lease land without land use right auction or bidding for selection of investor executing land-based project in accordance with the planning approved by the competent authority. The investor must fulfill financial obligations in accordance with legal regulations.
11. In cases where industrial zones are invested in with state budget funds and have been assigned to organizations or public service providers for management by competent state authorities before August 1, 2024, the competent People’s Committees shall allow organizations and individuals to lease land associated with the invested infrastructure.
12. In cases where a high-tech zone has been invested fully or partially by the State in the technical infrastructure system and the provincial People’s Committee has allocated land to the management board of the high-tech zone for management, and there are residential areas and public works serving the lives of experts and workers working within the high-tech zone boundaries according to the approved construction planning by the competent authority prior to July 1, 2014, the aforementioned works may continue to be implemented in accordance with the approved construction planning.
13. Transitional regulations for certain cases of land used for civil aviation airports.
a) In the case of civil airports and airfields that the Ministry of Transport is taking charge and cooperating with the Ministry of National Defense in determining the boundaries of land areas designated exclusively for civil activities and land areas designated for both civil and military activities, whether managed by military or civil entities, in accordance with the provisions of Land Law No. 45/2013/QH13 and guiding documents, the delineation of land boundaries shall continue to be implemented, and the results shall be reported and handed over to the provincial People’s Committee for management in accordance with Land Law regulations.
b) In cases where organizations or individuals are currently using land or owning works belonging to aviation airports or civil airports before the effective date of the Land Law and have not been issued a Certificate of Land Use Right, the issuance of the Certificate shall be carried out in accordance with the provisions of the Land Law and the Decree regulating land fundamental investigations; registration and issuance of certificates of land use rights, ownership of property affixed to land, and the land information system.
c) In cases where the airport authority has made a decision to lease land in accordance with the provisions of land law prior to the effective date of this Decree, the procedures for land management shall continue to be carried out according to the legal provisions in effect at the time the decision to lease the land was issued, without needing to comply with the regulations set forth in this Decree.
14. In cases where the land repossession is being carried out in accordance with the provisions of Article 61 and Article 62 of the Land Law No. 45/2013/QH13 but a decision to repossess the land has not yet been issued, the implementation shall be in accordance with the Land Law and the guiding decrees for its execution.
15. The establishment of the land bank development center in accordance with the provisions of this Decree must be completed within 12 months from the effective date of this Decree. During the period before the establishment of the land bank development center as prescribed by this Decree, the existing land bank development centers shall continue to operate in accordance with applicable laws and the provisions specified in clauses 2, 3, 4, and 5 of Article 14 of this Decree.
Article 113. Responsibility for implementation
1. The ministries and provincial People’s Committees are responsible for guiding the implementation of the provisions assigned in this Decree and reviewing the issued documents to amend, supplement, or replace them in accordance with the regulations of this Decree.
2. Ministers, heads of ministerial-level agencies, heads of governmental agencies, presidents of people’s committees at all levels, and other relevant organizations and individuals are responsible for implementing this Decree./.
ON BEHALF OF. GOVERNMENT OF VIETNAM Tran Hong Ha |
