Land Law 2024 No. 31/2024/QH15

LAND LAW^[1]

Pursuant to the Constitution of the Socialist Republic of Vietnam;

The National Assembly promulgates the Land Law.

Chapter I

GENERAL PROVISIONS

Article 1. Scope of regulation

This Law provides the land ownership regime; powers and responsibilities of the State acting as the owner’s representative of the entire-people ownership of land and performing the unified management of land; land management and use regime; and rights and obligations of citizens and land users with respect to land in the territory of the Socialist Republic of Vietnam.

Article 2. Subjects of application

1. State agencies that exercise the powers and perform the responsibilities to act as the owner’s representatives of the entire-people ownership of land and perform the unified state management of land.

2. Land users.

3. Other subjects involved in land management and use.

Article 3. Interpretation of terms

In this Law, the terms below are construed as follows:

1. Cadastral map means a map showing land parcels and relevant geographical features, that is made for a commune-level administrative unit or a district-level administrative unit where no commune-level administrative unit is established, and certified by a competent state agency.

2. Land-use status quo map means a map showing the distribution of different types of land at a specified time, that is made for each administrative unit of a certain level and for each socio-economic region.

3. Land use planning map means a map that is made at the beginning of a planning period, showing the distribution of different types of land at the end of such planning period.

4. Land protection, rehabilitation and restoration means the application of managerial, technical, mechanical, biological and organic measures affecting land so as to treat polluted land and restore degraded land.

5. Land-related compensation means the State’s return of the land-use rights value of a recovered land area to the owner of such land area.

6. Individual directly engaged in agricultural production means a person who has been allocated or leased agricultural land or has agricultural land use rights recognized by the State; or who acquires agricultural land use rights and earns income from agricultural production on such land under the Government’s regulations.

7. Remaining land investment cost means a reasonable cost that has been invested in land by a land user as suitable for land use purposes but yet to be fully recovered by the time of land recovery by the State.

8. Land use norm means a land area for each type of land determined in a certain-level land-use master plan or land use plan by a competent state agency for allocation in the course of formulating a land-use master plan or land use plan.

9. Land occupation means the use of the State-managed land without permission of a competent state agency or the use of land of another lawful land user without its/his/her permission.

10. Land-using investment project owner (below referred to as project owner) means an investor defined in the investment law and relevant laws that has been selected to implement a land-using investment project and is allocated or leased land or has land repurposed in accordance with this Law.

11. Land repurposing means a land user being permitted to shift from one land use purpose to another in accordance with this Law.

12. Transfer of land use rights means the transfer of land use rights from one person to another in the form of conversion, transfer, inheritance or donation of land use rights or contribution of land use rights as capital.

13. Residential community means a community of Vietnamese living in the same village, hamlet, residential group or similar residential area who share the same customs and practices or the same family clans in the territory of the Socialist Republic of Vietnam.

14. National land database means a collection of land databases in which data are arranged and organized to enable information access, exploitation, sharing, management and updating by electronic means.

15. Registration of land and land-attached assets means a land user, an owner of land-attached assets or a person assigned to manage land declaring land use rights and ownership of land-attached assets to a competent state agency for recognition in accordance with this Law.

16. Disputed land means a land parcel involved in a land dispute that is undergoing settlement by a competent agency.

17. Adjustment of land use period means permission by a competent state agency for change of the land use period in the course of land use.

18. Extension of land use period means permission by a competent state agency for continued land use upon expiration of the land use period for the current land use purpose in accordance with this Law.

19. Land price means the monetary value of land use rights per land area unit.

20. Land use rights value means the monetary value of land use rights for a land area and type of land at a given time with a specified use term.

21. Certificate of land use rights and ownership of land-attached assets means a legal certificate for the State to certify lawful land use rights and ownership of land-attached assets for a person holding land use rights and ownership of land-attached assets. Certificates of land use rights and ownership of land-attached assets shall be issued for land-attached assets that are houses or construction works attached to land in accordance with law. Certificates concerning land use rights and ownership of houses and land-attached assets specified in relevant laws and issued in accordance with this Law are as valid as certificates of land use rights and ownership of land-attached assets specified in this Law.

22. Contribution of land use rights as capital means an agreement between parties on the transfer of land use rights through the contribution of land use rights to the charter capital of an economic organization. Such contribution may take the form of capital contribution to establish an economic organization or additional contribution to the charter capital of an existing economic organization.

23. National land information system means a system consisting of information technology infrastructure, software and data that are developed into a national centralized and unified system for land information management, operation, updating and exploitation.

24. Support upon land recovery by the State means the State’s policy aiming to help persons whose land is recovered and owners of land-attached assets stabilize their life and production and development activities in addition to the paid compensations in accordance with this Law.

25. Land-using household means persons who have marriage, blood or nurture relations in accordance with the law on marriage and family, are living together and share land use rights by the time of land allocation or lease or land-use rights recognition by the State or acquisition of land use rights before the effective date of this Law.

26. Production and business cooperation with land use rights means an agreement between parties whereby a land user uses its/his/her land use rights for entering into production and business cooperation without changing such land use rights.

27. Land destruction means an act of deforming the terrain, degrading the land quality or polluting land which causes loss or reduction of land usability for a certain purpose.

28. Land use plan means the time-based phasing of a land use master plan for implementation.

29. Land inventory means organization by the State of survey, summarization and evaluation, based on cadastral dossiers and field study, of the land-use status quo at the time of inventory and land information changes between 2 inventories.

30. Sea encroachment means expansion of a land area from the lowest edge of mean sea level for many years seaward in a maritime zone of Vietnam.

31. Land encroachment means shifting by a land user of boundary markers or boundaries of a land parcel to expand the land area for use without permission of a competent state agency or without permission of the lawful user of such encroached land area.

32. Lease of land use rights by the State (below referred to as land lease by the State) means issuance by a competent state agency of a decision on land lease to a subject wishing to use land.

33. Recognition of land use rights by the State means issuance by a competent state agency of a certificate of land use rights and ownership of land-attached assets for the first time to the current stable land user for a specific land parcel in accordance with this Law.

34. Allocation of land use rights by the State (below referred to as land allocation by the State) means issuance by a competent state agency of a decision on land allocation to a subject wishing to use land.

35. Land recovery by the State means issuance by a competent state agency of a decision on recovery of land use rights of a land user or recovery of land of a current land user or recovery of land currently assigned by the State to a subject for management.

36. Land-use master plan means allocation of land use norms and land zoning for socio-economic development, national defense, security, environmental protection and climate change adaptation purposes on the basis of land potential and land use demand of sectors and fields for each administrative unit for a certain period.

37. Lease right in a land lease contract means the right of a land user that is formed when being leased land by the State with annual land rental payment. The land user may transfer the lease right in the land lease contract, while the transferee may take over the rights and obligations of the land user in accordance with this Law and other relevant laws.

38. Stable land use means use of land for a certain main purpose from the time of commencement of land use for that purpose to the time a competent state agency considers whether the land use is stable.

39. Resettlement means compensation by the State with residential land or house in a resettlement area or another suitable location to a person whose land is recovered or provision by the State of support through allocation of residential land or a resettlement house to a person who is ineligible for receiving compensation with residential land in accordance with this Law but has no accommodation else.

40. Land degradation means a state in which the land’s initial inherent properties and characteristics see negative changes due to impacts of natural conditions or humans.

41. Collection of land statistics means review and evaluation by the State, based on cadastral dossiers, of the land-use status quo at the time of statistics collection and land information changes between 2 times of statistics collection.

42. Land parcel means a land area delimited by boundaries described in cadastral dossiers or determined on the field.

43. Standard land parcel means a land parcel with area, shape and size properties representing land parcels in a value zone that is selected as a standard land parcel for valuation of other land parcels in such value zone.

44. Land use levy means a money amount payable by a land user to the State when being allocated land by the State with land use levy payment or being permitted by the State to repurpose land or in cases of land use requiring land use levy payment in accordance with law.

45. Land rental means a money amount payable by a land user to the State when being leased land by the State or permitted by the State to repurpose land for lease or in cases of land use requiring land rental payment in accordance with law.

46. Foreign-invested economic organization means an economic organization that is required to satisfy conditions and carry out investment procedures specified for foreign investors in accordance with the Investment Law to implement land-using investment projects.

47. Land dispute means a dispute over rights and obligations of land users between two or more parties in land relations.

48. Value zone means an area embracing adjacent land parcels with the same use purpose and similar factors in terms of location, profitability and infrastructure conditions and other factors affecting land prices.

49. Vicinity means a land area adjacent to a transport connection point or traffic route that is potential to be developed as planned.

Article 4. Land users

Land users that are allocated or leased land or have land use rights recognized by the State; are using land in a stable manner and eligible for issuance of certificates of land use rights and ownership of land-attached assets but have yet to be issued certificates of land use rights, certificates of ownership of houses and residential land use rights, certificates of land use rights and ownership of houses and other land-attached assets, or certificates of land use rights and ownership of land-attached assets; acquire land use rights; or are subleased land in accordance with this Law include:

1. Domestic organizations, including:

a/ State agencies, agencies of the Communist Party of Vietnam, people’s armed forces units, Vietnam Fatherland Front, socio-political organizations, socio-political-professional organizations, social organizations, socio-professional organizations, public non-business units and other organizations as specified by law;

b/ Economic organizations as specified by the Investment Law, except the case specified in Clause 7 of this Article (below referred to as economic organizations);

2. Religious organizations and dependent religious organizations;

3. Domestic individuals and overseas Vietnamese who are Vietnamese citizens (below collectively referred to as individuals);

4. Residential communities;

5. Foreign organizations with diplomatic functions, including diplomatic missions, consular offices and other foreign representative offices with diplomatic functions recognized by the Government of Vietnam; representative offices of organizations belonging to the United Nations, inter-governmental agencies or organizations, and representative offices of inter-governmental organizations;

6. People of Vietnamese origin residing abroad;

7. Foreign-invested economic organizations.

Article 5. Land use principles

1. To use land for proper purposes.

2. To ensure sustainable, economical and effective land use, for land and surface and underground resources.

3. To protect land and the environment, adapt to climate change, and refrain from abusing pesticides and chemical fertilizers that are likely to pollute or degrade land.

4. To exercise rights and perform obligations of land users during the land use period in accordance with this Law and other relevant laws; to refrain from infringing upon lawful rights and interests of adjacent and surrounding land users.

Article 6. Persons responsible to the State for land use

1. Legal representatives of domestic organizations and foreign-invested economic organizations; and heads of foreign organizations with diplomatic functions, for land use by their organizations.

2. Chairpersons of commune-level People’s Committees, for the use of agricultural land for public purposes; non-agricultural land allocated to commune-level People’s Committees for use for construction of working offices of People’s Committees, public facilities serving cultural, educational, health, physical training, sports, recreation and entertainment activities, markets, cemeteries, and other public facilities of communes, wards and townships; and land for religious and belief activities not yet allocated for management and use.

3. Representatives of residential communities who are chiefs of villages, residential groups and similar residential areas or persons appointed by residential communities as agreed upon.

4. Representatives of religious organizations or dependent religious organizations, for land use by such religious organizations or dependent religious organizations.

5. Individuals and people of Vietnamese origin residing abroad, for land use by themselves.

6. Persons sharing land use rights or representatives of groups of persons sharing land use rights, for the use of the land under such land use rights.

Article 7. Persons responsible to the State for land assigned to them for management

1. Representatives of the following organizations shall be held responsible for land management:

a/ Domestic organizations assigned to manage public facilities and safety corridors of such facilities in accordance with law;

b/ Domestic organizations assigned to manage land with water surface of rivers and land with specialized water surface;

c/ Domestic organizations assigned to manage recovered land areas under decisions of competent state agencies;

d/ Economic organizations assigned to manage land areas for implementation of investment projects in accordance with law.

2. Chairpersons of commune-level People’s Committees or chairpersons of district-level People’s Committees of localities where no commune-level administrative units are established shall be held responsible for the management of land areas reserved for public purposes that are assigned to them for management, and land areas not yet allocated or leased in localities.

3. Chairpersons of provincial-level People’s Committees shall be held responsible for the management of unused land areas on islands that have yet to be assigned to district- or commune-level administrative units for management.

4. Representatives of residential communities shall be held responsible for land areas assigned to residential communities for management.

Article 8. Promotion of investment in land use

1. Improving land use efficiency.

2. Protecting and rehabilitating land and improving land fertility; treating polluted land and land with water surface, and restoring degraded land.

3. Carrying out sea encroachment, and putting areas of bare land and barren hills, riverine and coastal alluvia and fallow land with water surface into use in accordance with this Law.

4. Accumulating land for large-scale agricultural and forestry production.

5. Developing infrastructure to increase the land value and develop underground works.

6. Facilitating development of culture, health, education and training, physical training, sports, science and technology, and environmental protection.

Article 9. Land classification

1. Based on use purposes, land shall be classified into agricultural land, non-agricultural land and unused land.

2. Agricultural land shall be classified into the following types:

a/ Land for annual crops, including paddy land and land for other annual crops;

b/ Land for perennials;

c/ Forestry land, including special-use forest land, protection forest land and production forest land;

d/ Land for aquaculture;

dd/ Land for livestock production;

e/ Land for salt making;

g/ Other types of agricultural land.

3. Non-agricultural land shall be classified into the following types:

a/ Residential land, including rural residential land and urban residential land;

b/ Land for construction of working offices;

c/ Land for national defense and security purposes;

d/ Land for construction of non-business facilities, including: land for construction of cultural, social, health, education and training, physical training, sports, science and technology, environmental, hydrometeorological and foreign affairs facilities and other non-business facilities, and land for construction of working offices of other public non-business units;

dd/ Land for non-agricultural production and business activities, including: land for industrial parks and cottage industry zones; commercial and service land; land for non-agricultural production facilities; and land for mineral activities;

e/ Land for public purposes, including: land for traffic works; land for hydraulic structures; land for water supply and drainage facilities; land for disaster preparedness facilities; land with historical-cultural relics, scenic spots or natural heritages; land for waste treatment facilities; land for energy and public lighting facilities; land for post, telecommunications and information technology infrastructure facilities; land for local people’s markets and wholesale markets; and land for public amusement parks and community activities;

g/ Land for religious activities; land for belief activities;

h/ Land for cemeteries, funeral homes and cremation facilities; land for columbaria;

i/ Land with special-use water surface;

k/ Other types of non-agricultural land.

4. Unused land means land with unidentifiable use purposes and neither yet allocated nor leased.

5. The Government shall provide in detail the types of land mentioned in this Article.

Article 10. Determination of types of land

1. The determination of types of land shall be based on one of the following bases:

a/ Land-use rights certificate; certificate of ownership of houses and residential land use rights; certificate of land use rights and ownership of houses and other land-attached assets; or certificate of land use rights and ownership of land-attached assets;

b/ Document concerning land use rights specified in Article 137 of this Law, in case of non-availability of a certificate specified at Point a of this Clause;

c/ Decision on land allocation, land lease or permission for land repurposing issued by a competent state agency, in case of unavailability of a certificate specified at Point a of this Clause.

2. In case of unavailability of a paper specified in Clause 1 of this Article and the type of land stated in the issued paper is different from a type of land classified in accordance with this Law or is different from the land-use status quo, the determination of types of land must comply with the Government’s regulations.

Article 11. Prohibited acts in the field of land

1. Encroaching, occupying or destroying land.

2. Violating the regulations on state management of land.

3. Violating land policies toward ethnic minority people.

4. Abusing one’s positions and powers to contravene the regulations on land management.

5. Failing to provide land information or providing inaccurate land information, or failing to meet the law-specified time limit requirements.

6. Failing to prevent or handle violations of the land law.

7. Failing to comply with regulations upon exercise of rights of land users.

8. Using land or conducting transactions related to land use rights without making registration with competent agencies.

9. Failing to perform or incompletely performing financial obligations toward the State.

10. Obstructing or causing difficulties to the use of land and the exercise of rights of land users in accordance with law.

11. Practicing gender discrimination in land management and use.

Chapter II

POWERS AND RESPONSIBILITIES OF THE STATE AND RIGHTS AND OBLIGATIONS OF CITIZENS WITH RESPECT TO LAND

Section 1

POWERS AND RESPONSIBILITIES OF THE STATE AS THE OWNER’S REPRESENTATIVE WITH RESPECT TO LAND

Article 12. Land ownership

Land is under the entire-people ownership in which the State acts as the owner’s representative and performs the unified management. The State shall grant land use rights to land users in accordance with this Law.

Article 13. Rights of the State as the owner’s representative with respect to land

1. To decide on land-use master plans.

2. To decide on land use purposes through land-use master plans or land use plans, land allocation, land lease, recognition of land use rights and permission for land repurposing.

3. To provide land use quotas, including agricultural land allocation quotas, residential land allocation quotas, residential land recognition quotas and quotas for acquisition of agricultural land use rights.

4. To decide on land use periods.

5. To decide on land recovery.

6. To decide on land requisition.

7. To decide on land allocation without land use levy payment or land allocation with land use levy payment.

8. To decide on land lease with annual land rental payment or land lease with one-off payment of land rental for the entire lease period.

9. To recognize land use rights.

10. To provide principles and methods of land valuation; to issue land price lists and decide on specific land prices.

11. To decide on land-related financial policies; to regulate the increased value from land that is not brought about by land users’ investment.

12. To provide rights and obligations of land users as suitable to the form of land allocation, land lease, recognition of land use rights, origin of land use, and financial obligations of land users.

Article 14. The State exercising rights of the owner’s representative with respect to land

The State exercises rights of the owner’s representative with respect to land according to its competence defined in this Law and other relevant laws through the following agencies, specifically as follows:

1. The National Assembly and National Assembly Standing Committee may promulgate laws, ordinances and resolutions on land; decide on national land-use master plans; and exercise the right to oversee land management and use nationwide;

2. People’s Councils at all levels may approve land-use master plans of their localities before submitting them to competent agencies for approval; approve land recovery for implementation of socio-economic development projects for national and public interests of localities within their competence; approve the repurposing of paddy land, special-use forest land, protection forest land and production forest land within their competence provided in this Law; decide on land price lists; and supervise the implementation of the land law in their localities;

3. The Government and People’s Committees at all levels may exercise rights of the owner’s representative with respect to land within their competence specified in this Law and other relevant laws.

Article 15. The State’s responsibilities toward land users

1. To adopt policies to assist persons directly engaged in agricultural production who have no production land as a result of land use restructuring and economic restructuring in vocational training, job change and job seeking.

2. To issue certificates of land use rights and ownership of land-attached assets to land users when the latter fully satisfy the conditions specified by the land law.

3. To provide compensation, support and resettlement in accordance with law for persons whose land is recovered by the State for national defense and security purposes or for socio-economic development for national and public interests.

4. To carry out public communication about, and disseminate the land law and policies and guide and provide legal aid in accordance with law to land users, in the implementation of land policies, laws and administrative procedures, and exploitation of information in the national land database.

5. To settle land disputes, and land-related complaints and denunciations.

Article 16. The State’s land-related responsibilities toward ethnic minority people

1. To adopt policies to ensure land areas reserved for community activities for ethnic minority people in conformity with customs, practices, beliefs, cultural identities and practical conditions of each region.

2. To adopt policies on first-time provision of land-related support for ethnic minority people who are members of poor households or households living just above the poverty line in ethnic minority and mountainous areas in conformity with customs, practices, beliefs, cultural identities and practical conditions of each region to stabilize their life, specifically as follows:

a/ Allocating residential land within quotas and granting land use levy exemption or reduction;

b/ Permitting the repurposing of land of other types to residential land within residential land allocation quotas and granting land use levy exemption or reduction, for land allocated, leased or recognized by the State or land use rights inherited, donated or acquired in accordance with law;

c/ Allocating agricultural land within quotas without land use levy payment;

d/ Leasing non-agricultural land other than residential land for production and business purposes and granting land rental exemption or reduction;

dd/ The area of land allocated or permitted to be repurposed under Points a and b of this Clause shall be calculated for the total land area allocated or permitted to be repurposed by the State in the course of implementation of land policies toward ethnic minority people.

3. To adopt land-related support policies to stabilize the livelihood of ethnic minority people who have been allocated or leased land by the State under Clause 2 of this Article but no longer have land or lack land as compared to the law-specified quotas and who are members of poor households or households living just above the poverty line in ethnic minority and mountainous areas, specifically as follows:

a/ In case these people no longer have residential land, they will be allocated residential land or permitted to repurpose land of other types to residential land within residential land allocation quotas and entitled to land use levy exemption or reduction. In case these people lack residential land, they will be permitted to repurpose land of other types to residential land within residential land allocation quotas and entitled to land use levy exemption or reduction;

b/ In case these people no longer have or lack agricultural land, they will be allocated agricultural land within agricultural land allocation quotas without land use levy payment or leased non-agricultural land other than residential land for production and business purposes and entitled to land rental exemption or reduction.

4. Land for implementation of the policies specified in Clauses 1, 2 and 3 of this Article shall be allocated from land areas managed by the State’s agencies or organizations or from recovered land areas specified in Clause 29, Article 79 of this Law.

5. Provincial-level People’s Committees shall base themselves on practical local conditions and existing land areas to decide on land areas to be allocated or leased for implementation of land-related support policies for ethnic minority people under Clause 3 of this Article.

6. Provincial-level People’s Committees shall submit to same-level People’s Councils for promulgation local policies on land for ethnic minority people living in their localities in conformity with practical local conditions and organize the implementation thereof.

7. Annually, commune-level People’s Committees shall review and report to district-level People’s Committees on cases in which people no longer have, lack or do not have land in order to allocate or lease land under Clauses 2 and 3 of this Article; cases of violations of land policies toward ethnic minority people; and cases in which people have been allocated or leased land by the State under Clause 3 of this Article but no longer need to use land while land recovery is required for implementation of land policies toward ethnic minority people under this Article.

8. Funds for compensation, support and resettlement for land recovery under Clause 29, Article 79 of this Law; funds for land measurement, making of cadastral dossiers, and issuance of certificates of land use rights and ownership of land-attached assets; and other funds for implementation of land policies toward ethnic minority people shall be allocated from the state budget and other lawful funding sources in accordance with law.

9. The Government shall detail this Article.

Article 17. The State’s guarantees for land users

1. The State shall protect lawful land use rights and land-attached assets of land users.

2. The State does not recognize the claim of land allocated under the State’s regulations for use by others in the course of implementation of land policies of the then State of the Democratic Republic of Vietnam and Provisional Revolutionary Government of the Republic of South Vietnam, and the State of the Socialist Republic of Vietnam.

Article 18. The State’s responsibilities in the provision of land information

1. To guarantee the right of land users and other organizations and individuals to access the National Land Information System in accordance with law; to prioritize the selection of forms suitable to customs, practices and traditional culture of each ethnic group and each region.

2. To promptly announce and publicize information of the National Land Information System to land users and other organizations and individuals, except information classified as state secrets in accordance with law.

3. To notify administrative decisions and administrative acts in the field of land management to land users and other organizations and individuals that have their lawful rights and interests affected by such decisions or acts.

Article 19. Role and responsibilities of the Vietnam Fatherland Front and its member organizations in land management and use

1. The Central Committee of the Vietnam Fatherland Front shall participate in formulating laws and carry out social criticism on draft legal documents on land, drafts of national land-use master plans or land use plans, and land-using projects subject to investment policy decision or approval by the National Assembly or Prime Minister.

2. The Vietnam Fatherland Front Committees at all levels have the following responsibilities:

a/ To participate in the formulation of laws; to carry out social criticism on draft legal documents on land, drafts of land use master plans or land use plans of the same level, and land-using projects subject to investment policy decision or approval by People’s Councils or People’s Committees at the same level;

b/ To give opinions on cases of land recovery; compensation, support and resettlement plans; and cases subject to enforcement of land recovery;

c/ To give opinions on and oversee the process of formulating land price lists and applying land price lists;

d/ To participate in mediation of land disputes in accordance with law;

dd/ To oversee the implementation of policies and laws on land recovery and land requisition; compensation, support and resettlement; land allocation, land lease and land repurposing; and issuance of certificates of land use rights and ownership of land-attached assets.

3. The Vietnam Fatherland Front and its member organizations shall carry out public communication about, and disseminate land policies and laws to the people, and mobilize the people to properly implement and observe land policies and laws.

Section 2

STATE MANAGEMENT OF LAND

Article 20. Contents of state management of land

1. Promulgating, and organizing the implementation of, legal documents on land management and use.

2. Carrying out public communication, dissemination, education, training, scientific research, technological development and international cooperation in land management and use.

3. Determining boundaries of administrative units, and making and managing dossiers of boundaries of administrative units.

4. Carrying out land measurement, and making and correcting cadastral maps, land-use status quo maps, maps of land-use master plans and specialized maps on land management and use.

5. Carrying out land survey and evaluation and land protection, rehabilitation and restoration.

6. Formulating, modifying and managing land-use master plans and land use plans.

7. Allocating land, leasing land, recovering land, recognizing land use rights, requisitioning land, and repurposing land.

8. Carrying out land survey, formulating land price lists and specific land prices, and managing land prices.

9. Performing land-related financial management.

10. Providing compensation, support and resettlement upon land recovery or land requisition by the State.

11. Developing, managing and exploiting land funds.

12. Carrying out land registration, making and managing cadastral dossiers; issuing, correcting, revoking or cancelling certificates.

13. Carrying out land statistics and inventory.

14. Establishing, managing, operating and exploiting the National Land Information System.

15. Managing and supervising the exercise of rights and the performance of obligations by land users.

16. Settling land disputes, and land-related complaints and denunciations.

17. Providing and managing land-related public service activities.

18. Inspecting, examining, supervising, monitoring and evaluating the observance of the land law and handling violations of the land law.

Article 21. Tasks and powers of the Government, Prime Minister, ministries, ministerial-level agencies and local administrations at all levels

1. The Government shall perform the unified state management of land nationwide.

2. The Prime Minister shall perform the state management of land in accordance with this Law.

3. The Ministry of Natural Resources and Environment shall act as the focal point to assist the Government and Prime Minister in performing the state management of land.

4. Ministries and ministerial-level agencies shall, within the ambit of their tasks and powers, assist the Government and Prime Minister in performing the state management of land.

5. Local administrations at all levels shall perform the state management of land in localities within their competence specified in this Law.

In district-level administrative units where no commune-level administrative units are established, district-level People’s Councils or People’s Committees shall perform the tasks and exercise the powers of commune-level People’s Councils or People’s Committees specified in this Law.

Article 22. Agencies with land management function and commune-level civil servants engaged in cadastral work

1. The system of agencies with land management function shall be uniformly organized at the central and local levels.

2. The central agency performing the state management of land is the Ministry of Natural Resources and Environment.

3. Local agencies with land management function shall be established at provincial and district levels.

4. Land-related public service organizations, including land registration organizations, land fund development organizations and other public service organizations, shall be established and operate under the Government’s regulations.

5. Commune-level People’s Committees have civil servants engaged in cadastral work in accordance with the Law on Cadres and Civil Servants. Civil servants engaged in cadastral work shall assist commune-level People’s Committees in managing land in their localities.

Section 3

LAND-RELATED RIGHTS AND OBLIGATIONS OF CITIZENS

Article 23. Land-related rights of citizens

1. To participate in formulating, giving opinions on, and supervising the finalization and organizing the implementation of, land policies and laws.

2. To participate in performing the state management, giving opinions on, discussing, and making recommendations and reports on land management and use to state agencies.

3. To exercise the rights to equality and gender equality in land management and use.

4. To participate in the auction of land use rights, and bidding for selection of investors to implement land-using projects in accordance with law; to request the State to allocate land, or lease land without auction of land use rights or without bidding for selection of investors to implement land-using projects in accordance with law.

5. To acquire, receive as donations, inherit, receive as capital contributions, or rent land use rights; to purchase, sell or acquire the value of land use rights as shares or capital contribution in accordance with law.

6. To exercise the rights of land users in accordance with this Law.

Article 24. The right to access land information

1. Citizens may access the following land information:

a/ Land use master plans and plans, and land use-related master plans decided or approved by competent state agencies;

b/ Results of land statistics and inventory;

c/ Land allocation and land lease;

d/ Announced land price lists;

dd/ Plans on compensation, support and resettlement upon land recovery by the State, approved by competent agencies;

e/ Results of the inspection, examination, and settlement of land disputes; results of the settlement of land-related complaints and denunciations, and results of the handling of violations of the land law;

g/ Land-related administrative procedures;

h/ Legal documents on land;

i/ Other law-specified land information.

2. Access to land information must comply with this Law, the law on access to information and other relevant laws.

Article 25. Land-related obligations of citizens

1. To strictly comply with the land law.

2. To preserve, protect and develop land resources.

3. To respect land use rights of other land users.

Chapter III

RIGHTS AND OBLIGATIONS OF LAND USERS

Section 1

GENERAL PROVISIONS

Article 26. General rights of land users

1. To be issued certificates of land use rights and ownership of land-attached assets when fully satisfying the conditions specified in the land law.

2. To enjoy fruits of labor and investment on lawfully used land.

3. To enjoy benefits upon the State’s investment in protection, rehabilitation and development of agricultural land.

4. To receive the State’s guidance and assistance in rehabilitation and restoration of agricultural land.

5. To enjoy the State’s protection when having their land-related lawful rights and interests infringed upon by others.

6. To repurpose land in accordance with this Law and other relevant laws.

7. To enjoy compensation, support and resettlement upon land recovery by the State in accordance with this Law.

8. To file complaints and denunciations or initiate lawsuits against acts infringing upon their lawful land use rights and other violations of the land law.

Article 27. Rights to convert, transfer, lease, sublease, inherit and donate land use rights; mortgage land use rights or contribute land use rights as capital

1. Land users may exercise rights to convert, transfer, lease, sublease, inherit or donate land use rights; and mortgage land use rights or contribute land use rights as capital in accordance with this Law and other relevant laws.

2. A group of land users who share land use rights have the following rights and obligations:

a/ The same rights and obligations as those of individuals as specified in this Law, for a group of land users being household members and individuals.

In case a group of land users includes an economic organization as its member, they have the same rights and obligations as those of economic organizations as specified in this Law;

b/ In case land use rights of members of a group of land users can be divided by share to each member and each member wishes to exercise his/her rights to his/her share of land use rights, he/she is required to register land information changes or split land parcels under regulations, and carry out procedures for issuance of certificates of land use rights and ownership of land-attached assets, and exercise the rights and perform the obligations of land users in accordance with this Law.

In case land use rights of members of a group of land users cannot be divided by share, these members may jointly exercise or authorize a representative of them to exercise the rights and perform the obligations of the group.

3. Notarization and certification of contracts and documents on exercise of rights of land users:

a/ Contracts on transfer, donation, mortgage, or contribution as capital, of land use rights or land use rights and land-attached assets shall be notarized or certified, except the case specified at Point b of this Clause;

b/ Contracts on lease or sublease of land use rights or land use rights and land-attached assets; contracts on conversion of agricultural land use rights; and contracts on transfer, or contribution as capital, of land use rights, land use rights and land-attached assets or land-attached assets under which one or all of contracting parties is/are real estate business organization(s) shall be notarized or certified at the request of the parties;

c/ Documents on inheritance of land use rights or land use rights and land-attached assets shall be notarized or certified in accordance with the civil law;

d/ The notarization and certification of contracts and documents must comply with the law on notarization and certification.

Article 28. Receipt of land use rights

1. Recipients of land use rights are specified as follows:

a/ Individuals may have their land use rights converted under Point b, Clause 1, Article 37 of this Law;

b/ Economic organizations and individuals may acquire land use rights;

c/ Foreign-invested economic organizations and people of Vietnamese origin residing abroad and permitted to enter Vietnam may acquire the use rights of land in industrial parks, cottage industry zones and hi-tech parks;

d/ Foreign-invested economic organizations may acquire the value of land use rights as investment capital under the Government’s regulations;

dd/ Economic organizations and foreign-invested economic organizations may receive land use rights contributed as capital;

e/ Domestic organizations, individuals and residential communities may receive land use rights as donations in accordance with this Law;

g/ Domestic organizations, individuals and residential communities may inherit land use rights;

h/ People of Vietnamese origin residing abroad and permitted to enter Vietnam may purchase or rent with an option to purchase houses associated with residential land use rights, or receive residential land use rights under housing development projects; inherit use rights of residential land and land of other types in the same land parcels with houses thereon in accordance with the civil law; and receive houses associated with residential land use rights as donations from persons in ranks of inheritance in accordance with the civil law;

i/ Domestic organizations, individuals, residential communities, religious organizations, dependent religious organizations, and people of Vietnamese origin residing abroad may be allocated land by the State; and foreign-invested economic organizations may be allocated land by the State to implement investment projects on construction of houses for sale or for combined sale and lease;

k/ Economic organizations, public non-business units, religious organizations, dependent religious organizations, individuals, people of Vietnamese origin residing abroad, foreign-invested economic organizations, and foreign organizations with diplomatic functions may be leased land by the State;

l/ Domestic organizations, individuals, residential communities, religious organizations and dependent religious organizations may have their land use rights recognized by the State, for land currently in stable use;

m/ Domestic organizations, individuals, people of Vietnamese origin residing abroad and permitted to enter Vietnam, and foreign-invested economic organizations may acquire land use rights based on results of successful conciliation of land disputes as recognized by competent People’s Committees; agreements in mortgage contracts for debt settlement; competent state agencies’ decisions on settlement of land disputes and land-related complaints and denunciations, court judgments and rulings, and enforced judgment execution decisions of judgment enforcement agencies; decisions or awards of the Vietnam Commercial Arbitration; documents on recognition of results of auction of land use rights in accordance with law; and documents on division or splitting of land use rights in accordance with law, for groups of land users who share land use rights;

n/ Residential communities, religious organizations and dependent religious organizations may acquire land use rights based on results of successful conciliation of land disputes as recognized by competent People’s Committees; competent state agencies’ decisions on settlement of land disputes and land-related complaints and denunciations, court judgments and rulings, and enforced judgment execution decisions of judgment enforcement agencies; and decisions or awards of the Vietnam Commercial Arbitration;

o/ Domestic organizations that are legal entities newly formed from division, splitting, merger, consolidation or transformation of organizational models under decisions of competent agencies or organizations or under documents on division, splitting, merger, consolidation or transformation of organizational models of economic organizations in accordance with law may acquire land use rights from organizations that are legal entities undergoing such division, splitting, merger, consolidation or transformation.

2. Domestic organizations and individuals may acquire land use rights in accordance with law, regardless of their places of residence or headquarters, except the cases specified in Clause 8, Article 45, and Article 48, of this Law.

3. For areas where land access is restricted, the acquisition of land use rights specified in Clauses 1 and 2 of this Article must comply with the order and procedures specified by the Government.

Article 29. Rights to adjacent land parcels

1. Rights to adjacent land parcels include rights to passageway; water supply and drainage; watering and drainage in cultivation; gas supply; installation of power transmission lines, and communications, and other essential needs as specified by law.

2. The establishment, change or termination of rights to adjacent land parcels must comply with the civil law and, at the same time, such rights are subject to registration under Article 133 of this Law, for the rights to passageway; water supply and drainage; and watering and drainage in cultivation.

Article 30. The right to choose the form of land rental payment

1. Economic organizations, public non-business units, individuals, people of Vietnamese origin residing abroad, and foreign-invested economic organizations that are currently leased land by the State with annual land rental payment while being eligible for land lease by the State with one-off payment of land rental for the entire lease period as specified in this Law may shift to the form of land lease with one-off payment of land rental for the remaining lease period, and it is required to re-determine land prices for calculating land rental at the time of issuance of a decision permitting the shift to the form of land lease with one-off payment of land rental for the entire lease period in accordance with this Law.

2. Economic organizations, individuals, people of Vietnamese origin residing abroad, and foreign-invested economic organizations that are leased land by the State with one-off payment of land rental for the entire lease period may shift to the form of land lease with annual land rental payment. The paid land rental amount shall be deducted from the payable annual land rental amount under the Government’s regulations.

3. Public non-business units that are allocated land by the State without land use levy payment but wish to use part or the whole of the allocated land area for production, business or service provision purposes may shift to the form of land lease by the State with annual land rental payment for such land area.

Article 31. General obligations of land users

1. To use land for proper purposes, within boundaries of land parcels and in accordance with regulations on the use of depth under the ground and height in the space, and protection of underground public works, and comply with other relevant regulations.

2. To make land registration declaration; to carry out procedures for conversion, transfer, lease, sublease, inheritance or donation of land use rights, mortgage of land use rights or contribution of land use rights as capital in accordance with law.

3. To perform land-related financial obligations in accordance with law.

4. To take land protection measures; to treat, improve and restore land areas suffering pollution or degradation caused by them.

5. To comply with regulations on environmental protection, and not to harm assets and lawful interests of related land users.

6. To comply with regulations concerning the discovery of underground objects.

7. To hand over land subject to the State’s land recovery decisions in accordance with law.

Section 2

RIGHTS AND OBLIGATIONS OF LAND-USING DOMESTIC ORGANIZATIONS, RELIGIOUS ORGANIZATIONS AND DEPENDENT RELIGIOUS ORGANIZATIONS

Article 32. Rights and obligations of domestic organizations, religious organizations and dependent religious organizations that are allocated land by the State without land use levy payment

1. Domestic organizations, religious organizations and dependent religious organizations that are allocated land by the State without land use levy payment have the general rights and obligations specified in Articles 26 and 31 of this Law.

2. Domestic organizations, religious organizations and dependent religious organizations that are allocated land by the State without land use levy payment may not convert, transfer, donate, lease or mortgage land use rights or contribute land use rights as capital.

Article 33. Rights and obligations of domestic organizations that are allocated land by the State with land use levy payment or leased land by the State with one-off payment of land rental for the entire lease period

1. Economic organizations that are allocated land by the State with land use levy payment or leased land by the State with one-off payment of land rental for the entire lease period have the following rights and obligations:

a/ The general rights and obligations specified in Articles 26 and 31 of this Law;

b/ To transfer land use rights and land-attached assets under their ownership;

c/ To lease land use rights and land-attached assets under their ownership in case they are allocated land by the State with land use levy payment; to sublease land use rights and land-attached assets under their ownership in case they are leased by the State with one-off payment of land rental for the entire lease period;

d/ To donate land use rights to the State; to donate land use rights to residential communities for construction of works for the latter’s common interests or for expansion of roads under relevant master plans; to donate land use rights for construction of land-attached gratitude houses, charity houses or solidarity houses in accordance with law;

dd/ To mortgage land use rights and land-attached assets under their ownership at credit institutions licensed to operate in Vietnam or at other economic organizations or with individuals in accordance with law;

e/ To contribute land use rights and land-attached assets under their ownership as capital to domestic organizations, individuals, people of Vietnamese origin residing abroad and foreign-invested economic organizations in accordance with law.

2. Public non-business units that are leased land by the State with one-off payment of land rental for the entire lease period for construction and commercial operation of infrastructure of industrial parks or cottage industry zones as specified in Clause 2, Article 202 of this Law have the rights and obligations specified in Clause 1 of this Article.

3. Domestic organizations that are allocated land by the State with land use levy payment or leased land by the State with one-off payment of land rental for the entire lease period and are entitled to land use levy or land rental exemption or reduction have the rights and obligations under the following provisions:

a/ In case they are allocated land by the State for implementation of investment projects on construction of social houses or houses for the people’s armed forces, or investment projects on condominium renovation or reconstruction while being entitled to land use levy exemption or reduction, they have the same rights and obligations as those in case they are not entitled to land use levy exemption or reduction;

b/ Domestic organizations that are allocated land by the State with land use levy payment or leased land by the State with one-off payment of land rental for the entire lease period for implementation of investment projects for business purposes while being entitled to land use levy or land rental exemption or reduction have the same rights and obligations as those in case they are not entitled to land use levy or land rental exemption or reduction. In case of transfer of land use rights or contribution of land use rights as capital, they shall pay to the State an amount equivalent to the exempted or reduced land use levy or land rental amount at the time of land allocation, land lease or land repurposing permission, unless otherwise provided by relevant laws.

Article 34. Rights and obligations of economic organizations, public non-business units, religious organizations and dependent religious organizations that use land leased by the State with annual land rental payment

1. Economic organizations, religious organizations and dependent religious organizations that are leased land by the State with annual land rental payment have the following rights and obligations:

a/ The general rights and obligations specified in Articles 26 and 31 of this Law;

b/ To mortgage land-attached assets under their ownership at credit institutions licensed to operate in Vietnam or at other economic organizations or with individuals in accordance with law;

c/ To sell land-attached assets under their ownership, or sell land-attached assets under their ownership and the lease right in land lease contracts when satisfying the conditions specified in Article 46 of this Law. Purchasers of land-attached assets and the lease right in land lease contracts may continue to rent land for the defined purposes and the remaining land use period, and take over the rights and obligations of land users in accordance with this Law and other relevant laws;

d/ To contribute land-attached assets under their ownership as capital in the land lease period; recipients of assets contributed as capital may continue to be leased land by the State for the defined purposes and the remaining land use period;

dd/ To lease land-attached assets under their ownership and the lease right in land lease contracts;

e/ To sublease land use rights in the form of annual land rental payment for land with completely constructed infrastructure thereon in case they are permitted to construct and commercially operate infrastructure on land in industrial parks, cottage industry zones or hi-tech parks; those subleased land use rights shall use land for proper purposes and perform financial obligations in accordance with law.

2. Public non-business units that are leased land by the State with annual land rental payment and do not fall into the case of using land for construction and commercial operation of infrastructure in industrial parks or cottage industry zones specified in Clause 2, Article 202 of this Law have the rights and obligations specified in Clause 1 of this Article, except the right to sell and the right to mortgage land-attached assets, the right to contribute land-attached assets as capital, and the lease right in land lease contracts. The exploitation and use of the land areas already leased by the State concurrently for other purposes must comply with the following provisions:

a/ For land leased by the State to public non-business units, these units may exploit and use such land for multiple purposes under plans approved by managing agencies in accordance with this Law and relevant laws. In case these units invest in constructing works on such land, they shall comply with the construction law. The exploitation and use of land for multiple purposes shall be accounted in accordance with law;

b/ For land currently used by public non-business units and these units wish to lease such land or enter into joint ventures or associations with economic organizations in using such land, they shall formulate schemes on use of public assets for the purpose of lease or joint venture/association and have them approved by competent authorities in accordance with the law on management and use of public assets.

3. Economic organizations and public non-business units that use land leased from organizations and individuals outside industrial parks, cottage industry zones or hi-tech parks have rights and obligations provided by the civil law.

Article 35. Rights and obligations of economic organizations that acquire land use rights or repurpose land

1. Economic organizations that acquire land use rights or repurpose land have the general rights and obligations specified in Articles 26 and 31 of this Law.

2. Economic organizations that acquire the use rights of land allocated by the State with land use levy payment or of land leased by the State with one-off payment of land rental for the entire lease period have the rights and obligations specified in Clauses 1 and 3, Article 33 of this Law.

3. Economic organizations that acquire agricultural land use rights in accordance with law have the following rights and obligations:

a/ The rights and obligations specified in Clauses 1 and 3, Article 33 of this Law, in case they acquire agricultural land use rights without land repurposing;

b/ The rights and obligations specified in Clauses 1 and 3, Article 33 of this Law, in case they acquire agricultural land use rights with land repurposing and are allocated land by the State with land use levy payment or leased land by the State with one-off payment of land rental for the entire lease period;

c/ The rights and obligations specified in Clause 1, Article 34 of this Law, in case they acquire agricultural land use rights with land repurposing and are leased land by the State with annual land rental payment.

4. Land-using economic organizations that are permitted by competent state agencies to shift from the form of land allocation without land use levy payment to the form of land allocation with land use levy payment or to the form of land lease have the following rights and obligations:

a/ The rights and obligations specified in Clauses 1 and 3, Article 33 of this Law, in case they are allocated land by the State with land use levy payment or leased land by the State with one-off payment of land rental for the entire lease period;

b/ The rights and obligations specified in Clause 1, Article 34 of this Law, in case they are leased land by the State with annual land rental payment.

Article 36. Rights and obligations of economic organizations that receive land use rights contributed as capital; land use rights of dissolved or bankrupt economic organizations

1. Economic organizations that receive land use rights contributed as capital from individuals or other economic organizations have the rights and obligations specified in Article 33 of this Law in the following cases:

a/ Land of capital-contributing economic organizations is allocated by the State with land use levy payment or leased by the State with one-off payment of land rental for the entire lease period, or is under acquired land use rights;

b/ Land of capital-contributing individuals is not land leased by the State with annual land rental payment.

2. Land use rights of dissolved or bankrupt cooperatives or cooperative unions:

a/ For land allocated by the State without land use levy payment; land allocated by the State with land use levy payment, land leased, or land from purchase of land-attached assets or acquisition of lawful land use rights from other persons, if the land use levy, land rental, money amount for the purchase of land-attached assets, or money amount from acquisition of land use rights comes from the State’s support, the State shall recover such land in accordance with this Law and the law on cooperatives;

b/ For land allocated by the State with land use levy payment, land leased by the State with one-off payment of land rental for the entire lease period, or land from purchase of land-attached assets or acquisition of lawful land use rights from other persons, if the land use levy, land rental, money amount for the purchase of land-attached assets, or money amount from acquisition of land use rights does not come from the State’s support; or land with use rights contributed by cooperative members to cooperatives or cooperative unions, the State shall not recover such land , and such land use rights will belong to cooperatives or cooperative unions and shall be handled according to the charter of cooperatives or cooperative unions and resolutions of the members’ general meetings.

3. Land use rights of economic organizations that are dissolved or bankrupt enterprises shall be handled in accordance with the law on enterprises, law on bankruptcy and other relevant laws.

Section 3

RIGHTS AND OBLIGATIONS OF LAND-USING INDIVIDUALS AND RESIDENTIAL COMMUNITIES

Article 37. Rights and obligations of land-using individuals

1. Individuals who use agricultural land allocated by the State within agricultural land allocation quotas; land allocated by the State with land use levy payment; land leased by the State with one-off payment of land rental for the entire lease period; land with use rights recognized by the State; or land received after conversion, acquisition, donation or inheritance have the following rights and obligations:

a/ The general rights and obligations specified in Articles 26 and 31 of this Law;

b/ To convert agricultural land use rights with other individuals;

c/ To transfer land use rights and land-attached assets under their ownership in accordance with law;

d/ To lease land use rights and land-attached assets under their ownership to other organizations and individuals and people of Vietnamese origin residing abroad that invest in Vietnam;

dd/ To bequeath land use rights and land-attached assets under their ownership according to testaments or law.

In case heirs of the above individuals are people of Vietnamese origin residing abroad who fall into the case specified in Clause 1, Article 44 of this Law, they may inherit land use rights; if not falling into the case specified in Clause 1, Article 44 of this Law, they may enjoy the value of such inheritance;

e/ To donate land use rights to the State; to donate land use rights to residential communities for construction of works for the latter’s common interests or for expansion of roads under relevant master plans; to donate land use rights for construction of land-attached gratitude houses, charity houses or solidarity houses in accordance with law; to donate land use rights and land-attached assets under their ownership to individuals or people of Vietnamese origin residing abroad who fall into the case specified in Clause 1, Article 44 of this Law;

g/ To mortgage land use rights and land-attached assets under their ownership at credit institutions licensed to operate in Vietnam or at other economic organizations or with individuals in accordance with law;

h/ To contribute land use rights and land-attached assets under their ownership as capital to organizations, or contribute land use rights for production and business cooperation with individuals and people of Vietnamese origin residing abroad.

2. Individuals who are leased land by the State with annual land rental payment have the following rights and obligations:

a/ The general rights and obligations specified in Articles 26 and 31 of this Law;

b/ To sell land-attached assets under their ownership or sell land-attached assets under their ownership and the lease right in land lease contracts when satisfying the conditions specified in Article 46 of this Law. Purchasers of land-attached assets and the lease right in land lease contracts may continue to rent the land for defined purposes and the remaining land use period; and take over the rights and obligations of land users in accordance with this Law and relevant laws;

c/ To bequeath or donate land-attached assets under their ownership and the lease right in land lease contracts; heirs and donees of assets and the lease right in land lease contracts may continue to be leased land by the State for defined purposes;

d/ To lease land-attached assets under their ownership or sublease the lease right in land lease contracts;

dd/ To mortgage land-attached assets under their ownership at credit institutions licensed to operate in Vietnam or at other economic organizations or with individuals in accordance with law;

e/ To contribute land-attached assets under their ownership as capital in the land lease period with organizations, individuals and people of Vietnamese origin residing abroad; recipients of assets contributed as capital may continue to be leased land by the State for defined purposes and the remaining land lease period.

3. Individuals who are subleased land in industrial parks, cottage industry zones and hi-tech parks have the following rights and obligations:

a/ The rights and obligations specified in Clause 1 of this Article, in case they are leased or subleased land with one-off payment of land rental for the entire lease period;

b/ The rights and obligations specified in Clause 2 of this Article, in case they are leased or subleased land with annual payment of land rental.

4. Individuals who are allocated or leased land by the State while being entitled to land use levy or land rental exemption or reduction have the same rights and obligations as those in case they are not entitled to land use levy or land rental exemption or reduction.

5. Individuals who use land leased by organizations or individuals other than those specified in Clause 3 of this Article have rights and obligations specified in the civil law.

Article 38. Rights and obligations of individuals who shift from the form of land allocation without land use levy payment to the form of land allocation with land use levy payment or to the form of land lease

1. Individuals may shift from the form of land allocation by the State without land use levy payment to the form of land allocation by the State with land use levy payment or to the form of land lease by the State have the general rights and obligations specified in Articles 26 and 31 of this Law.

2. Land-using individuals who are permitted by competent state agencies to shift from the form of land allocation by the State without land use levy payment to the form of land allocation by the State with land use levy payment or to the form of land lease by the State have the following rights and obligations:

a/ The rights and obligations specified in Clause 1, Article 37 of this Law, in case they are allocated land by the State with land use levy payment or leased land by the State with one-off payment of land rental for the entire lease period;

b/ The rights and obligations specified in Clause 2, Article 37 of this Law, in case they are leased land by the State with annual land rental payment.

Article 39. Rights and obligations of land-using residential communities

1. Land-using residential communities have the general rights and obligations specified in Articles 26 and 31 of this Law.

2. Land-using residential communities have the same rights and obligations as those of individuals with the corresponding form of land use, except the right to bequeath.

In case a residential community is allocated land by the State without land use levy payment or has its land use rights recognized by the State in the form of land allocation without land use levy payment, then it has no right to convert, transfer, donate or lease land use rights, mortgage land use rights or contribute land use rights as capital.

Section 4

RIGHTS AND OBLIGATIONS OF LAND-USING FOREIGN ORGANIZATIONS WITH DIPLOMATIC FUNCTIONS, PEOPLE OF VIETNAMESE ORIGIN RESIDING ABROAD AND FOREIGN-INVESTED ECONOMIC ORGANIZATIONS

Article 40. Rights and obligations of foreign organizations with diplomatic functions

1. Foreign organizations with diplomatic functions that use land in Vietnam have the following rights and obligations:

a/ The general rights and obligations specified in Articles 26 and 31 of this Law;

b/ To construct works on land under permits issued by Vietnam’s competent state agencies;

c/ To own the works they construct on leased land in the land lease period;

d/ The return of land or transfer of land use rights by foreign organizations with diplomatic functions when they no longer need to use the leased land for defined purposes must comply with relevant treaties and international agreements and law.

2. In case a treaty to which the Socialist Republic of Vietnam is a contracting party otherwise provides, foreign organizations with diplomatic functions have the rights and obligations provided in such treaty.

Article 41. Rights and obligations of people of Vietnamese origin residing abroad and foreign-invested economic organizations that use land for implementation of investment projects in Vietnam

1. People of Vietnamese origin residing abroad who return to invest in Vietnam and are allocated land by the State with land use levy payment have the rights and obligations specified in Clause 1, Article 33 of this Law.

2. People of Vietnamese origin residing abroad and foreign-invested economic organizations that are leased land by the State with annual land rental payment have the following rights and obligations:

a/ The general rights and obligations specified in Articles 26 and 31 of this Law;

b/ To mortgage land-attached assets under their ownership at credit institutions licensed to operate in Vietnam;

c/ To contribute land-attached assets under their ownership as capital in the land lease period; recipients of assets contributed as capital may continue to be leased land by the State for the defined purposes and the remaining lease period;

d/ To sell land-attached assets under their ownership, or sell land-attached assets under their ownership and the lease right in land lease contracts when satisfying the conditions specified in Article 46 of this Law. Purchasers of land-attached assets and the lease right in land lease contracts may continue to rent land for defined purposes and the remaining land use period and have the rights and obligations of land users in accordance with this Law and relevant laws;

dd/ To lease land-attached assets under their ownership and the lease right in land lease contracts;

e/ To sublease land use rights in the form of annual land rental payment for land with completely constructed infrastructure thereon, in case they are permitted to construct and commercially operate infrastructure on land in industrial parks, cottage industry zones and hi-tech parks; those who are subleased land use rights shall use land for proper purposes and perform financial obligations under regulations.

3. People of Vietnamese origin residing abroad and foreign-invested economic organizations that are leased land by the State with one-off payment of land rental for the entire lease period; and foreign-invested economic organizations that are allocated land by the State with land use levy payment for project implementation have the following rights and obligations:

a/ The general rights and obligations specified in Articles 26 and 31 of this Law;

b/ To transfer land use rights and land-attached assets under their ownership in the land use period;

c/ To lease or sublease land use rights and land-attached assets under their ownership in the land use period;

d/ To mortgage their land use rights and land-attached assets under their ownership at credit institutions licensed to operate in Vietnam;

dd/ To contribute land use rights and land-attached assets under their ownership as capital.

4. Foreign-invested economic organizations that use land formed from foreign investors’ purchase of shares or capital contributions have the rights and obligations specified in Clauses 2 and 3 of this Article corresponding to the form of land use levy or land rental payment.

5. People of Vietnamese origin residing abroad and foreign-invested economic organizations that use land for implementation of investment projects in Vietnam and are allocated land or leased land by the State with one-off payment of land rental for the entire lease term while being entitled to land use levy or land rental exemption or reduction have the rights and obligations specified in Clause 3, Article 33 of this Law.

Article 42. Rights and obligations of foreign-invested economic organizations that currently use land from receipt of land use rights contributed as capital

1. Foreign-invested economic organizations that receive land use rights contributed as capital  with respect to land allocated by the State with land use levy payment or leased by the State with one-off payment of land rental for the entire lease period have the rights and obligations specified in Clause 3, Article 41 of this Law.

2. A foreign-invested economic organization that is transformed from a joint-venture enterprise to which the Vietnamese partner contributes land use rights as capital has the following rights and obligations:

a/ The rights and obligations specified in Clause 2, Article 41 of this Law, in case the land use rights contributed as capital are not used for implementation of investment projects to construct houses for sale and the economic organization is leased land by the State with annual land rental payment in accordance with this Law;

b/ The rights and obligations specified in Clause 3, Article 41 of this Law, in case the land use rights contributed as capital are not used for implementation of investment projects to construct houses for sale and the economic organization is leased land by the State with lump-sum land rental payment for the entire lease term in accordance with this Law;

c/ The rights and obligations specified in Clause 3, Article 41 of this Law, in case the land use rights contributed as capital are used for implementation of investment projects to construct houses for sale and the economic organization is allocated land by the State with land use levy payment in accordance with this Law.

3. For state enterprises that are leased land by the State before July 1, 2004, may use the value of land use rights as state budget funds allocated to enterprises, and are neither required to acknowledge debts nor required to refund land rental in accordance with the land law, if they contribute capital to joint ventures with foreign organizations or foreign individuals, then joint-venture enterprises have the rights and obligations specified in Clauses 1 and 3, Article 33 of this Law. The value of land use rights constitutes the State’s capital contribution to such joint-venture enterprises.

Article 43. Rights and obligations of people of Vietnamese origin residing abroad and foreign-invested economic organizations that use land in industrial parks, cottage industry zones and hi-tech parks

1. People of Vietnamese origin residing abroad who acquire the use rights of land in industrial parks, cottage industry zones and hi-tech parks have the rights and obligations specified in Clauses 1 and 3, Article 33 of this Law.

2. People of Vietnamese origin residing abroad and foreign-invested economic organizations that are leased or subleased land in industrial parks, cottage industry zones and hi-tech parks have the following rights and obligations:

a/ The rights and obligations specified in Clauses 1 and 3, Article 33 of this Law, in case they make one-off payment of land rental for the entire lease/sublease period;

b/ The rights and obligations specified in Clause 1, Article 34 of this Law, in case they make annual payment of land rental.

Article 44. Rights and obligations concerning residential land use of people of Vietnamese origin residing abroad who are eligible to own houses in Vietnam; and of foreigners or people of Vietnamese origin residing abroad who are ineligible to own houses associated with residential land use rights in Vietnam

1. People of Vietnamese origin residing abroad who are permitted to enter Vietnam may own houses associated with residential land use rights in Vietnam; and may acquire residential land use rights in housing development projects.

2. People of Vietnamese origin residing abroad specified in Clause 1 of this Article have the following rights and obligations:

a/ The general rights and obligations specified in Articles 26 and 31 of this Law;

b/ To transfer residential land use rights upon sale, donation, bequeathal or exchange of houses to/for organizations, individuals and people of Vietnamese origin residing abroad that are eligible to own houses in Vietnam; to donate houses associated with residential land use rights to the State and residential communities, or donate houses for use as gratitude houses, charity houses or solidarity houses. In case they donate or bequeath houses to persons who are ineligible to own houses in Vietnam, such persons may only enjoy the value of houses associated with residential land use rights and may not be issued certificates of land use rights and ownership of land-attached assets;

c/ To transfer, lease, donate or bequeath residential land use rights or contribute residential land use rights as capital in accordance with this Law;

d/ To mortgage houses associated with residential land use rights at credit institutions licensed to operate in Vietnam.

3. In case all heirs of land use rights and ownership of houses and other land-attached assets are foreigners or people of Vietnamese origin residing abroad who are ineligible to own houses associated with residential land use rights in Vietnam as specified in Clause 1 of this Article, they may not be issued certificates of land use rights and ownership of land-attached assets but may transfer or donate inherited land use rights according to the following provisions:

a/ In case of transfer of land use rights, the transferor in the land use rights transfer contract is the heir;

b/ In case of donation of land use rights, the donee must be one of the subjects specified at Point e, Clause 1, Article 37 of this Law and comply with the housing law, and the heir may be named as the donor in the contract or written commitment on the donation;

c/ Pending the transfer or donation of land use rights, the heir or his/her representative as authorized in writing shall submit a dossier for inheritance receipt at the land registration organization for updating information to the cadastral book.

4. In case one of the heirs is a person of Vietnamese origin residing abroad who is ineligible to own houses associated with residential land use rights in Vietnam, while the other heirs are eligible to inherit land use rights in accordance with the land law, but such land use rights as inheritance have yet to be divided to each heir, the heirs or their representatives as authorized in writing shall submit a dossier for inheritance receipt to the land registration organization for updating information to the cadastral book.

After completing the inheritance division, certificates of land use rights and ownership of land-attached assets shall be issued to eligible persons; for people of Vietnamese origin residing abroad who are ineligible to own houses associated with  residential land use rights  in Vietnam, their inheritance shall be settled under Clause 3 of this Article.

5. The heirs in the cases specified at Point c, Clause 3, and in Clause 4, of this Article may authorize in writing other persons to look after or temporarily use the land and perform obligations in accordance with the land law and other relevant laws.

Section 5

CONDITIONS FOR EXERCISE OF RIGHTS OF LAND USERS

Article 45. Conditions for exercise of rights to convert, transfer, lease, sublease, inherit or donate land use rights; mortgage land use rights or contribute land use rights as capital; and acquire land use rights or receive land use rights as donations

1. Land users may exercise rights to convert, transfer, lease, sublease, inherit or donate land use rights; and mortgage land use rights or contribute land use rights as capital when fully satisfying the following conditions:

a/ Land users possess a certificate of land use rights or certificate of ownership of houses and residential land use rights or certificate of land use rights and ownership of houses and other land-attached assets or certificate of land use rights and ownership of land-attached assets, except the cases of inheritance of land use rights, conversion of agricultural land upon exchange of land parcels among land users or donation of land use rights to the State or residential communities and the cases specified in Clause 7, Article 124 and at Point a, Clause 4, Article 127 of this Law;

b/ The land is dispute-free or involved in a dispute that has been settled by a competent state agency, or under a legally effective court judgment or ruling or arbitral decision or award;

c/ Land use rights are not subject to distraint or other measures to secure judgment enforcement in accordance with the law on enforcement of civil judgments;

d/ The land use period has not expired;

dd/ Land use rights are not subject to application of law-specified provisional urgent measures.

2. In case the project owner transfers the use rights of land with technical infrastructure thereon in a real estate project, it must, in addition to the conditions specified in Clause 1 of this Article, satisfy other conditions specified in the Law on Real Estate Business and Housing Law.

3. In addition to the conditions specified in Clause 1 of this Article, land users must, when exercising rights to convert, transfer, lease, sublease, inherit or donate land use rights; and mortgage land use rights or contribute land use rights as capital, satisfy:

a/ The conditions specified in Article 46 of this Law, in case of purchase and sale of land-attached assets or the lease right in land lease contracts in which the land users are leased land by the State with annual land rental payment;

b/ The conditions specified in Article 47 of this Law, in case of conversion of agricultural land use rights; or,

c/ The conditions specified in Article 48 of this Law, in case of exercise of land use rights of ethnic minority people who are allocated or leased land under Clause 3, Article 16 of this Law.

4. In case of inheritance of land use rights, heirs may exercise the above rights if possessing a certificate of land use rights or certificate of ownership of houses and residential land use rights or certificate of land use rights and ownership of houses and other land-attached assets or certificate of land use rights and ownership of land-attached assets, or when fully satisfying the conditions for issuance of a certificate of land use rights and ownership of land-attached assets in accordance with this Law.

5. In case a land user is permitted to delay the performance of financial obligations or is eligible for owing of financial obligations, it/he/she shall completely perform such financial obligations before exercising rights to convert, transfer, lease, sublease, inherit or donate land use rights; and mortgage land use rights or contribute land use rights as capital.

6. Economic organizations eligible to acquire agricultural land use rights shall have their agricultural land use plans approved by district-level People’s Committees. Such an agricultural land use plan must have the following principal contents:

a/ Land location, area and use purpose;

b/ Agricultural production and business plan;

c/ Investment capital;

d/ Land use period;

dd/ Land use progress.

7. Individuals not directly engaged in agricultural production who acquire or are donated use rights of paddy land in excess of the quotas specified in Article 176 of this Law shall establish an economic organization and formulate a plan on use of paddy land with the contents specified in Clause 6 of this Article and have it approved by the district-level People’s Committee, unless the donee is a person in an inheritance rank.

8. Subjects that are not permitted to acquire land use rights or receive land use rights as donations are provided as follows:

a/ Economic organizations may not acquire protection forest land use rights or special-use forest land use rights from individuals, except where they are permitted to repurpose land under land-use master plans or land use plans approved by competent agencies;

b/ Individuals who do not live in protection forests or special-use forests may not acquire use rights or receive as donations the use rights of residential land and land of other types in protection forests or strictly protected sub-zones or ecological restoration sub-zones in such special-use forests;

c/ Organizations, individuals, residential communities, religious organizations, dependent religious organizations, people of Vietnamese origin residing abroad, and foreign-invested economic organizations that are not permitted by law to acquire land use rights or receive land use rights as donations may not acquire land use rights or receive land use rights as donations.

Article 46. Conditions for sale of land-attached assets or the lease right in land lease contracts in case of land lease by the State with annual land rental payment

1. Economic organizations, individuals, people of Vietnamese origin residing abroad and foreign-invested economic organizations may sell assets attached to land leased by the State with annual land rental payment when fully satisfying the following conditions:

a/ Assets attached to the leased land have been lawfully formed and registered in accordance with law;

b/ The construction has been completed under the detailed master plan on construction and investment project already approved (if any), except cases in which it is required to comply with legally effective court judgments or rulings, enforcement decisions of civil judgment execution agencies or conclusions of competent state agencies in charge of inspection and examination.

2. Economic organizations, individuals, people of Vietnamese origin residing abroad and foreign-invested economic organizations that are leased land by the State with annual land rental payment may sell land-attached assets and the lease right in land lease contracts when fully satisfying the following conditions:

a/ The conditions specified in Clause 1 of this Article;

b/ Having made advance payment for compensation, support and resettlement and the advanced amount has yet to be fully deducted from the payable land rental.

3. Purchasers of land-attached assets or purchasers of land-attached assets and the lease right in land lease contracts may continue to use the land for proper purposes in the remaining land use period, and may continue to have the advanced amount deducted if such amount has yet to be deducted under Point b, Clause 2 of this Article, and shall carry out land registration procedures in accordance with this Law.

4. In case of sale of construction works as land-attached assets and conditions for land parcel division are fully satisfied, it is permitted to divide land parcels for issuance of certificates of land use rights and ownership of land-attached assets.

5. In case land users are leased land by the State with annual land rental payment for implementation of infrastructure construction and commercial operation projects, they may sell land-attached assets when fully satisfying the conditions specified in Clause 1, Article 45 of this Law and other conditions specified in the Law on Real Estate Business.

Article 47. Conditions for conversion of agricultural land use rights

Individuals who use agricultural land allocated by the State, or from conversion, acquisition, inheritance or donation of lawful land use rights from others may only convert agricultural land use rights in the same provincial-level administrative unit to other individuals without having to pay tax on incomes generated from the land use rights conversion and the registration fee.

Article 48. Cases of conditional exercise of land use rights

1. Ethnic minority people who are allocated or leased land by the State under Clause 3, Article 16 of this Law may bequeath, donate or transfer land use rights to persons in inheritance ranks specified in Clause 2, Article 16 of this Law.

In case a land user dies without an heir in inheritance ranks specified in Clause 2, Article 16 of this Law, the State shall recover his/her land and pay compensation for land-attached assets to another heir in accordance with law. In case a land user moves from the provincial-level locality where exists the land to another place or no longer needs to use the land but does not donate or transfer land use rights to persons in inheritance ranks specified in Clause 2, Article 16 of this Law, the State shall recover the land and pay compensation for land-attached assets in accordance with law to the person whose land is recovered. The recovered land area shall be used for further allocation or lease to another ethnic minority person under Article 16 of this Law.

2. Ethnic minority people who are allocated or leased land by the State under Clause 3, Article 16 of this Law may mortgage land use rights at policy banks.

3. Ethnic minority people who are allocated or leased land by the State under Clause 3, Article 16 of this Law may not transfer, contribute as capital, donate, inherit or mortgage land use rights, except the cases specified in Clauses 1 and 2 of this Article.

4. Commune-level People’s Committees shall manage recovered land areas under Clause 1 of this Article.

Chapter IV

BOUNDARIES OF ADMINISTRATIVE UNITS, BASIC LAND SURVEYS

Section 1

BOUNDARIES OF ADMINISTRATIVE UNITS, CADASTRAL MAPS

Article 49. Boundaries of administrative units

1. Boundaries of administrative units shall be established for commune-, district- and provincial-level administrative units. The dossier of boundaries of an administrative unit must show information on the establishment, merger, division and adjustment of the boundaries of such administrative unit as well as boundary markers and boundary lines of such administrative unit.

2. The Ministry of Home Affairs shall guide related provincial-level People’s Committees in determining boundaries of provincial-level administrative units. Superior People’s Committees shall direct and guide related subordinate People’s Committees to determine boundaries of administrative units on the field and make dossiers of boundaries of administrative units in localities.

3. The scope of land management on the mainland shall be determined on the basis of boundary lines of each administrative unit in accordance with law.

4. In case it is not yet possible to determine the scope of provincial-level land management for the reason that boundaries of administrative units have yet to be determined, the Ministry of Home Affairs shall assume the prime responsibility for, and coordinate with the Ministry of Natural Resources and Environment and related localities in, making dossiers and submitting them to the Government.

5. In case it is not yet possible to determine the scope of district- or commune-level land management for the reason that boundaries of district- or commune-level administrative units have yet to be determined, superior People’s Committees shall direct related subordinate People’s Committees in coordinating with one another in settling the case. Pending the issuance of decisions on determination of boundaries of district- or commune-level administrative units, the superior People’s Committees shall perform the contents of state management of land for areas for which it is impossible to reach agreement on settlement plans. In case it is impossible to reach agreement on a settlement plan, the concerned provincial-level People’s Committee shall make a dossier for submission to the Government.

6. The Government shall guide the settlement of cases in which it is not yet possible to reach agreement on boundaries of administrative units; and organize the settlement of the cases in which it is not yet possible to reach agreement on boundaries of administrative units specified in Clauses 4 and 5 of this Article.

7. The Ministry of Home Affairs shall provide the compilation and management of dossiers on boundaries of administrative units.

Article 50. Measurement for drawing of cadastral maps

1. Cadastral maps serve as a basis for the state management of land and establishment of the national land database. The measurement for drawing of cadastral maps shall be carried out in detail for each land parcel by commune-level administrative unit; for localities where no commune-level administrative units are established, cadastral maps shall be drawn by district-level administrative unit.

2. Cadastral maps shall be adjusted when there are changes in shape, size or area of land parcels and other factors related to contents of cadastral maps and, at the same time, updated to the national land database.

3. Provincial-level People’s Committees shall organize the survey for drawing, adjustment and management of cadastral maps in localities and make updates thereof to the national land database.

4. The Government shall detail this Article.

Section 2

LAND SURVEY AND EVALUATION AND LAND PROTECTION, REHABILITATION AND RESTORATION

Article 51. Principles of land survey and evaluation and land protection, rehabilitation and restoration

1. Ensuring timeliness and objectivity and reflecting the status quo of land resources.

2. Being carried out nationwide and in socio-economic regions and provincial-level administrative units, and ensuring continuity and successiveness.

3. The State shall allocate funds for land survey and evaluation; organizations and individuals are encouraged to coordinate with the State in land protection, rehabilitation and restoration.

4. Ensuring prompt provision of information and data to serve the state management of land and satisfy the land information demand for economic, social, national defense, security, scientific research, education and training activities, and other demands of the State and society.

Article 52. Land survey and evaluation activities

1. Land survey and evaluation cover:

a/ Surveying and evaluating land quality and land potential;

b/ Surveying and evaluating land degradation;

c/ Surveying and evaluating land pollution;

d/ Monitoring land quality, land degradation and land pollution;

dd/ Carrying out theme-based land survey and evaluation.

2. Theme-based land survey and evaluation shall be carried out to survey and evaluate land quality and land potential and land degradation and land pollution for specific types of land to meet requirements of the state management of land at a specified time.

3. The land survey and evaluation activities specified at Points a, b and c, Clause 1 of this Article shall be carried out once every 5 years. The theme-based land survey and evaluation activities specified at Point dd, Clause 1 of this Article shall be carried out upon requests to serve the state management of land.

Article 53. Contents of land survey and evaluation

1. Contents of survey and evaluation of land quality and land potential:

a/ Zoning, determining the location and area of, and grading quality levels for, agricultural land and unused land based on soil and terrain characteristics, physical, chemical and biological properties, and other conditions;

b/ Zoning, determining the location and area of, and classifying potential levels, for agricultural land, non-agricultural land and unused land on the basis of land quality grading and land use efficiency to achieve economic, social and environmental goals;

c/ Zoning land areas that need protection, treatment, rehabilitation and restoration;

d/ Drawing land quality maps and land potential maps; developing and updating land quality and land potential data to the national land database.

2. Contents of land degradation survey and evaluation:

a/ Zoning, and determining the location and area of, degraded areas, for agricultural land and unused land according to each type of degradation, including: land fertility reduction; land erosion; drought or desertification; land clumping or laterization; land salinization; or land alkalization;

b/ Identifying trends and causes and forecasting risks of land degradation;

c/ Zoning degraded land areas that need treatment, rehabilitation and restoration;

d/ Drawing maps of degraded land areas; developing and updating land degradation data to the national land database.

3. Contents of land pollution survey and evaluation:

a/ Zoning, and determining the location and area of, polluted land by type of pollution, including heavy metal pollution, pesticide pollution, and pollution of other toxic substances, for agricultural land, unused land and land planned for construction of urban and rural residential areas;

b/ Identifying trends and sources of pollution and forecasting and warning land pollution risks;

c/ Zoning polluted land areas that need treatment, rehabilitation and restoration;

d/ Drawing maps of polluted land areas; developing and updating land pollution data to the national land database.

4. Contents of monitoring land quality, land degradation and land pollution:

a/ Building a network of fixed monitoring points nationwide;

b/ Determining monitoring indicators and frequency;

c/ Monitoring changes in land quality, land degradation and land pollution and forecasting and early warning abnormal changes;

d/ Updating land quality, land degradation and land pollution monitoring data to the natural resources and environment monitoring database and the national land database.

Article 54. Land protection, rehabilitation and restoration

1. Contents of land protection, rehabilitation and restoration:

a/ Classifying the land areas zoned under Point c, Clause 1; Point c, Clause 2; and Point c, Clause 3, Article 53 of this Law;

b/ Summarizing, and determining the scope and extent of, land protection, rehabilitation and restoration for each land area classified under Point a of this Clause;

c/ Formulating plans and roadmaps for land protection, rehabilitation and restoration for the land areas identified under Point b of this Clause;

d/ Identifying technical measures and socio-economic solutions together with analyses to select the optimal options and decide on implementation options;

dd/ Making reports on the results of land protection, rehabilitation and restoration;

e/ Supervising and controlling the process of land treatment, protection, rehabilitation and restoration.

2. To draw maps of land areas having undergone land protection, rehabilitation and restoration; to develop and update data on land protection, rehabilitation and restoration to the national land database.

3. To control degraded or polluted land areas having not yet undergone protection, rehabilitation and restoration under Clause 1 of this Article through such measures as zoning, giving warnings, or banning or restricting certain activities on land in order to mitigate adverse impacts on land.

Article 55. Responsibilities for organizing land survey and evaluation and for land protection, rehabilitation and restoration

1. The Government shall provide in detail land survey and evaluation and land protection, rehabilitation and restoration and specify capacity conditions for land survey and evaluation consultancy service organizations.

2. The Ministry of Natural Resources and Environment shall assume the prime responsibility for, and coordinate with related ministries in, performing the following tasks:

a/ To provide land survey and evaluation techniques, and  land protection, rehabilitation and restoration techniques;

b/ To establish and maintain monitoring systems;

c/ To organize, and approve and announce results of, land survey and evaluation nationwide and in socio-economic regions and theme-based land survey and evaluation;

d/ To promulgate, and organize the implementation of, land protection, rehabilitation and restoration plans for inter-regional and inter-provincial land areas suffering heavy degradation; and land protection, rehabilitation and restoration plans for land areas suffering extremely serious pollution.

3. Provincial-level People’s Committees have the following responsibilities:

a/ To organize, and approve and announce results of, land survey and evaluation in localities; to formulate and implement land protection, rehabilitation and restoration plans for degraded and polluted land areas in their localities; to make updates thereof to the national land database;

b/ To collect statistics of, and announce, polluted land areas; to organize bidding for selection of contractors for land treatment, rehabilitation and restoration in polluted land areas in their localities.

4. Land survey and evaluation, and land protection, rehabilitation and restoration activities shall be carried out with non-business funds for environmental protection and other funding sources in accordance with law.

5. Land survey and evaluation results shall be approved in the year of land inventory to serve as a basis for formulation of all-level land use master plans. The Ministry of Natural Resources and Environment and provincial-level agencies with land management functions shall publicly announce land survey and evaluation results within 30 days after such results are approved by competent agencies.

Section 3

LAND STATISTICS AND INVENTORY

Article 56. Principles of land statistics and inventory 

1. Ensuring truthfulness, objectivity, accuracy and timeliness, and fully reflecting the status and structure of land use.

2. Ensuring publicity, transparency and professional independence.

3. Ensuring consistency in professional operations, land statistics and inventory methods, and reporting regime.

4. Ensuring that land statistics and inventory indicators are uniform and consistent from the central to local levels; and that land statistics and inventory data are synthesized from subordinate authorities to superior authorities.

5. Ensuring prompt provision of data to serve the state management of land and satisfy the land information demand for economic, social, national defense, security, scientific research and education and training activities, and other demands of the State and the society.

Article 57. Scope and objects of land statistics and inventory 

1. Land statistics and inventory shall be carried out in commune-, district- and provincial-level administrative units and nationwide.

2. Time for carrying out land statistics and inventory:

a/ Land statistics shall be carried out on an annual basis, counted through December 31 of the year of statistics collection, except the year of land inventory;

b/ Land inventory shall be carried out once every 5 years, counted through December 31 of the year with the last digit of 4 or 9.

3. Theme-based land inventory shall be carried out to meet requirements of the state management of land in each period as decided by the Minister of Natural Resources and Environment or chairpersons of provincial-level People’s Committees.

Article 58. Land statistics and inventory indicators, contents and activities

1. Land statistics and inventory indicators for the types of land specified in Article 9 of this Law include: 

a/ Land area;

b/ Land user;

c/ Subject assigned to manage land.

2. Bases for determination of land statistics and inventory indicators include: 

a/ Land statistics indicators determined based on cadastral dossiers at the time of statistics collection;

b/ Land inventory indicators determined based on cadastral dossiers and status quo of land use at the time of inventory.

3. Contents of land statistics and inventory for commune-, district- and provincial-level administrative units and nationwide include: determining the total area of all types of land, area structure by type of land, land user and subject assigned to manage land; and land area allocated, leased or repurposed.

4. Land statistics activities shall be carried out as follows:

a/ Collecting dossiers, documents, maps and data related to land information changes in the period of statistics collection; land inventory data of the previous period or land statistics collected in the previous year;

b/ Reviewing, updating and correcting land information changes in the year of statistics collection;

c/ Processing and synthesizing land statistics data and preparing land statistics forms for administrative units at all levels;

d/ Analyzing and evaluating the status quo of land use and land information changes in the period of statistics collection, and proposing solutions to enhance the land use management and improve the land use efficiency;

dd/ Preparing land statistics reports.

5. Land inventory activities shall be carried out as follows:

a/ Collecting dossiers, documents, maps and data related to land information changes in the period of land inventory; and dossiers of the previous period’s land inventory results and annual land statistics results in the period of land inventory;

b/ Surveying, reviewing, updating and correcting land information changes in the period of land inventory;

c/ Processing and synthesizing land inventory data and preparing land inventory forms for administrative units at all levels; preparing commentary reports on land-use status quo;

d/ Drawing land-use status quo maps; preparing commentary reports on land-use status quo maps;

dd/ Preparing reports on land inventory results.

Article 59. Responsibilities for organizing land statistics and inventory 

1. People’s Committees at all levels shall organize and approve land statistics and inventory in their localities.

2. Commune- and district-level People’s Committees shall report to their superior People’s Committees on land statistics and inventory results.

3. Provincial-level People’s Committees shall announce land statistics results and report them to the Ministry of Natural Resources and Environment before March 31 of the subsequent year, except the year of land inventory.

4. Provincial-level People’s Committees shall report to the Ministry of Natural Resources and Environment on land inventory results before June 30 of the year following the year of land inventory.

5. The Ministry of National Defense and Ministry of Public Security shall assume the prime responsibility for, and coordinate with provincial-level People’s Committees in, carrying out statistics and inventory of land for national defense and security purposes.

6. The Ministry of Natural Resources and Environment shall summarize results of annual land statistics of the whole country and announce them before June 30 every year; and report them to the Prime Minister and announce results of the country’s 5-year land inventory before September 30 of the year following the year of land inventory.

7. The Minister of Natural Resources and Environment and chairpersons of provincial-level People’s Committees shall decide on theme-based land inventory contents and activities.

8. The Minister of Natural Resources and Environment shall provide in detail land statistics and inventory and drawing of land-use status quo maps.

9. Funds for land statistics and inventory shall be allocated by the state budget in accordance with law.

Chapter V

LAND-USE MASTER PLANS AND PLANS 

Article 60. Principles of formulation of land-use master plans and plans

1. The formulation of land use master plans at all levels must adhere to the principles and ensure the relationship between different types of master plans as specified by the Planning Law.

Land-use master plans at all levels must summarize and balance land use demands of sectors and fields that use land.

2. National land-use master plans must ensure regional specificity and connectivity, balance between land use demands of sectors, fields and localities and conformity with the national land potential for economical and efficient use of land.

3. Land-use master plans and plans formulated at the national, provincial and district levels must meet requirements on the implementation of strategies for rapid and sustainable socio-economic development, and national defense and security assurance.

4. The formulation of land-use master plans and plans must ensure uniformity and synchronization; land-use master plans of superior levels must ensure land use demands of subordinate levels; land-use master plans of subordinate levels must conform to land-use master plans of superior levels; district-level land-use master plans must determine land use contents detailed to the commune level; land use plans at a level must conform to land-use master plans at such level decided or approved by competent agencies.

5. Contents of land-use master plans must combine land use norms associated with land use space and zoning and natural ecosystems.

6. The formulation of land-use master plans and plans must ensure economical and efficient land use; rational natural resource exploitation and environmental protection; adaptation to climate change; national food security and forest coverage; conservation, embellishment and promotion of values of historical-cultural relics and scenic places.

7. The formulation of land-use master plans and plans must ensure continuity, successiveness, stability, specificity and connectivity of socio-economic regions; harmonious balance between sectors, fields and localities and between generations; and conformity with land conditions and potential.

8. The formulation of land-use master plans and plans at all levels must involve the participation of socio-political organizations, communities and individuals; and ensure publicity and transparency.

9. Land-use master plans at all levels shall be formulated simultaneously; higher-level land-use master plans shall be decided or approved before lower-level land-use master plans. By the end of the period of a land use master plan, if the land-use master plan for the subsequent period has not yet been decided or approved by competent authorities, land use norms not yet fully realized may continue to be realized until such land-use master plan is decided or approved by competent state agencies.

10. Land use plans of a level shall be formulated simultaneously with the formulation and modification of land-use master plans of such level. First-year land use plans of district-level land-use master plans shall be formulated simultaneously with such master plans.

Article 61. System of land-use master plans and plans

1. The system of land-use master plans and plans includes:

a/ National land-use master plans and plans;

b/ Provincial-level land-use master plans and plans;

c/ District-level land-use master plans and district-level annual land use plans;

d/ Master plans on use of land for national defense purpose;

dd/ Master plans on use of land for security purpose.

2. National land-use master plans, master plans on use of land for national defense and master plans on use of land for security purpose belong to the system of national master plans and must comply with this Law and the planning law.

3. Provincial-level land-use master plans and district-level land-use master plans are technical and specialized master plans that concretize national-level, regional and provincial master plans.

Article 62. Periods of land-use master plans and plans

1. Periods and visions of national land-use master plans, master plans on use of land for national defense purpose and master plans on use of land for security purpose must comply with the Planning Law.

2. Periods and visions of provincial-level land-use master plans must be consistent with those of provincial master plans.

3. The period of a district-level land-use master plan is 10 years. The vision of a district-level land-use master plan is 20 years.

4. The period of a national land use plan or provincial-level land use plan is 5 years; district-level annual land use plans shall be formulated every year.

Article 63. Funds for planning activities

Funds for the formulation, modification, appraisal, decision, approval and announcement of land-use master plans and plans shall be allocated by the state budget from sources for economic non-business activities.

Article 64. National land-use master plans and plans

1. Grounds for the formulation of national land-use master plans:

a/ National socio-economic development, national defense and security strategies; national overall master plans; strategies for development of sectors and fields;

b/ Natural, economic and social conditions;

c/ Land use status quo, land information changes, land quality, land potential, and results of the implementation of the previous period’s national land-use master plan;

d/ Land use demand and ability of sectors, fields and localities; 

dd/ Scientific and technological advances related to land use.

2. Contents of national land-use master plans must comply with the planning law.

3. Grounds for the formulation of national land use plans:

a/ National land-use master plans;

b/ Socio-economic development plans and medium-term public investment plans of the whole country;

c/ Land use demands and ability of sectors, fields and localities;

d/ Results of the implementation of the previous period’s 5-year land use plans;

dd/ Resource mobilization and investment capacity.

4. Contents of national land use plans must determine areas of different types of land based on land use norms set in national land-use master plans for each period of 5-year land use plans.

5. National land-use master plans and plans shall be formulated and have their data updated to the national land database.

Article 65. Provincial-level land-use master plans

1. Grounds for the formulation of provincial-level land-use master plans:

a/ National land-use master plans and plans;

b/ National-level and regional master plans; technical and specialized master plans involving national-level or inter-regional land use;

c/ Provincial master plans;

d/ Natural, economic and social conditions of provincial-level administrative units;

dd/ Land use status quo, land information changes, land quality, land potential and results of the implementation of the previous period’s provincial land-use master plans;

e/ Land use demand and ability of sectors, fields and localities; public investment resources and other resources;

g/ Scientific and technological advances related to land use.

2. Contents of a provincial-level land-use master plan:

a/ Land use orientations determined in provincial master plans, and a vision meeting socio-economic development, national defense and security assurance, environmental protection and climate change adaptation requirements;

b/ Determination of land use norms allocated in the national land-use master plan and land use norms based on the provincial-level land use demand;

c/ Determination of the land use norms specified at Point b of this Clause for each district-level administrative unit;

d/ Determination of boundaries, locations and acreage of reclaimed land areas for agricultural and non-agricultural use purposes;

dd/ Zoning of land areas subject to strict management, including: paddy land, special-use forest land, protection forest land, and land under production forests that are natural forests;

e/ Phasing for each period of 5-year land-use master plans based on the contents specified at Points b, c, d and dd of this Clause;

g/ Solutions and resources for implementation of the land-use master plan.

3. Drawing of maps of provincial-level land-use master plans; development and updating of data on provincial-level land-use master plans to the national land database.

4. Localities other than centrally run cities are not required to formulate provincial-level land use plans, but shall phase out land-use master plans for each period of 5-year plans under Point e, Clause 2 of this Article.

5. Centrally run cities that have their general master plans approved in accordance with the urban planning law are not required to formulate provincial-level land-use master plans but shall base themselves on general master plans to formulate provincial-level land use plans.

In case a general master plan, which is approved after the approval of a provincial-level land-use master plan, leads to a change in land use norms in such provincial-level land-use master plan, the concerned centrally run city is not required to modify such provincial-level land-use master plan, but shall base itself on such general master plan to formulate provincial-level land use plans.

6. The Government shall detail this Article.

Article 66. District-level land-use master plans

1. Grounds for the formulation of district-level land-use master plans:

a/ Provincial master plans and provincial-level land-use master plan; urban master plans of centrally run cities in case no provincial-level land-use master plans are formulated;

b/ Technical and specialized master plans;

c/ District-level socio-economic development plans;

d/ Natural, economic and social conditions of district-level administrative units;

dd/ Land use status quo, land information changes, land potential, and results of the implementation of the previous period’s district-level land-use master plans;

e/ Land use demand and ability of sectors, fields and commune-level People’s Committees; for residential land areas, and land areas in urban centers and rural residential areas, the use demands shall be determined on the basis of population forecasts and infrastructure, landscape and environmental conditions in accordance with the construction law;

g/ Land use quotas, and scientific and technological advances related to land use.

2. Contents of a district-level land-use master plan:

a/ Land use orientations, and a vision meeting socio-economic development, national defense assurance, environmental protection and climate change adaptation requirements; conformity and consistency between the land-use master plan and transport, construction, urban and rural master plans;

b/ Determination of land use norms allocated in the provincial-level land-use master plan with information detailed to commune-level administrative units;

c/ Determination of land use norms based on land use demands of district- and commune-level localities;

d/ Determination of area and zoning of areas for which land use norms have been allocated in the provincial-level land-use master plan under Points b and dd, Clause 2, Article 65 of this Law, which must identify areas of different types of land in order to ensure implementation of the policy on land support for ethnic minority people;

dd/ Determination of boundaries, locations and acreage of the reclaimed land areas for agricultural and non-agricultural use purposes;

e/ Phasing of periods of a district-level 5-year land-use master plan under Points b, c, d and dd of this Clause;

g/ Solutions and resources for implementation of the land-use master plan.

3. Drawing of maps of district-level land-use master plans; development and updating of data of district-level annual land-use master plans and plans to the national land database.

4. Districts, cities and towns of centrally run cities, and provincial cities and towns that have their general master plans or zoning master plans approved in accordance with the urban planning law are not required to formulate district-level land-use master plans but shall formulate district-level annual land use plans based on such general master plans or zoning master plans and land use norms allocated from provincial-level land-use master plans and local land use norms.

5. For localities other than those specified in Clause 4 of this Article that have their construction master plans, urban master plans and rural master plans approved, district-level land-use master plans shall be formulated with updated information on orientations for land use space and technical infrastructure and social infrastructure systems by period of land-use master plans.

Article 67. District-level annual land use plans

1. Grounds for the formulation of district-level annual land use plans:

a/ Provincial-level land use plans; district-level land-use master plans; construction master plans; and urban master plans, in case district-level land-use master plans are not required;

b/ Land use status quo; results of the implementation of the previous year’s land use plan;

c/ Land use demand and ability of sectors and fields at all levels and organizations; works and projects that have obtained investment policy;

d/ Ability to invest and mobilize resources for the implementation of land use plans.

2. Criteria for selection of priority works and projects in district-level annual land use plans:

a/ National defense and security assurance;

b/ Economic, social and environmental efficiency;

c/ Feasibility of the implementation of such works and projects.

3. Contents of a district-level annual land use plan:

a/ Areas of land of different types allocated under the district-level land-use master plan and areas of land of different types to meet the land use demand of district- and commune-level localities in the plan year and determined for each commune-level administrative unit;

b/ A list of works and projects expected to be implemented in the year; projects on allocation of residential land and production land areas for ethnic minority people (if any); land areas for auction of land use rights, projects subject to land recovery in the year, resettlement projects, and production land areas expected to be used as compensations for those having their land areas recovered;

c/ Areas of land of different types, and a list of works and projects determined in the previous plan year that may continue to be implemented under Clause 7, Article 76 of this Law;

d/ Determination of areas of land of different types that need repurposing, for the types of land subject to repurposing permission, except the case specified in Clause 5, Article 116 of this Law;

dd/ Solutions and resources for implementation of the land use plan.

4. A project not included in a district-level annual land use plan and falling into one of the following cases may be implemented without having to be added to such district-level annual land use plan:

a/ It has obtained an investment decision in accordance with the public investment law, in case it is subject to investment policy decision by the National Assembly, Prime Minister, heads of ministries or central agencies or provincial-level People’s Councils;

b/ It has obtained an investment project approval decision in accordance with the law on investment in the form of public-private partnership, in case it is subject to investment policy decision by the National Assembly, Prime Minister, heads of ministries or central agencies or provincial-level People’s Councils;

c/ It has obtained an investment policy approval decision, investment policy-cum-investor approval decision, or investor approval decision in accordance with the investment law, in case it is subject to investment policy decision by the National Assembly or Prime Minister;

d/ It involves the use of land to serve land recovery specified in Clause 3, Article 82 of this Law.

5. Development and updating of data of district-level annual land use plans to the national land database.

Article 68. Master plans on use of land for national defense purpose and master plans on use of land for security purpose

1. Master plans on use of land for national defense purpose and master plans on use of land for security purpose are national sectoral master plans.

2. Grounds for the formulation of master plans on use of land for national defense purpose and master plans on use of land for security purpose include the grounds specified in the planning law and the following grounds:

a/ National overall master plans, national marine-space master plans and national land-use master plans;

b/ Natural, economic and social conditions of the country;

c/ Land use status quo and results of the implementation of the previous period’s master plan on use of land for national defense and master plan on use of land for security purpose;

d/ Demand and ability to use land for national defense or security purpose.

3. Contents of master plans on use of land for national defense purpose and master plans on use of land for security purpose must comply with the planning law.

4. The Ministry of National Defense and Ministry of Public Security shall assume the prime responsibility for, and coordinate with provincial-level People’s Committees in, formulating master plans on use of land for national defense purpose and master plans on use of land for security purpose to ensure their satisfaction of socio-economic development and national defense and security consolidation requirements; review and determine locations, acreage and boundaries of land areas used for national defense and security purposes; and determine locations, acreage and boundaries of land areas for national defense and security purposes that are no longer needed for handover to localities for management and use.

Article 69. Responsibility to organize the formulation of land-use master plans and plans

1. The Government shall organize the formulation of national land-use master plans and plans.

The Ministry of Natural Resources and Environment shall assume the prime responsibility for assisting the Government in formulating national land-use master plans and plans.

2. Provincial-level People’s Committees shall organize the formulation of provincial-level land-use plans and plans.

Provincial-level agencies with land management function shall assume the prime responsibility for assisting provincial-level People’s Committees in formulating provincial-level land-use master plans and plans.

3. District-level People’s Committees shall organize the formulation of district-level land-use master plans and district-level annual land use plans.

District-level agencies with land management function shall assume the prime responsibility for assisting district-level People’s Committees in formulating district-level land-use master plans and district-level annual land use plans.

4. Land-use master plans shall be approved in the first year of a planning period.

5. Land-use master plans and plans of coastal localities shall be formulated, including also reclaimed land areas.

Article 70. Collection of opinions on land-use master plans and plans

1. The collection of opinions on national land-use master plans, master plans on use of land for national defense purpose and master plans on use of land for security purpose must comply with the planning law.

2. The collection of opinions on provincial-level land-use master plans is provided as follows:

a/ Agencies in charge of formulating provincial-level land-use master plans shall collect opinions of related provincial-level departments, sectors and Vietnam Fatherland Front Committees, district-level People’s Committees, and related agencies, organizations, residential communities and individuals on land-use master plans. The collection of opinions shall be carried out in the form of publicizing information on contents of land-use master plans on websites of agencies in charge of formulating provincial-level land-use master plans. Contents put for opinion collection include explanatory reports and maps on land-use master plans;

b/ The summarization and assimilation of opinions, giving of explanations about raised issues, and finalization of tentative land-use master plans shall be carried out before they are submitted to the land-use master plan appraisal councils and such opinions, and explanations shall be publicly announced on websites of agencies in charge of formulating provincial-level land-use master plans;

c/ The time limit for collection of opinions on a provincial-level land-use master plan is 45 days from the date of publicization of information on contents put for opinion collection.

3. The collection of opinions on district-level land-use master plans and district-level annual land use plans is provided as follows:

a/ Agencies in charge of formulating district-level land-use master plans shall collect opinions of related sections, divisions and sectors, district-level Vietnam Fatherland Front Committees, commune-level People’s Committees, and related agencies, organizations, residential communities and individuals on land-use master plans and plans. The collection of opinions shall be carried out in the form of publicizing information on contents of land-use master plans and plans on websites of agencies in charge of formulating district-level land-use master plans and commune-level People’s Committees and listing such contents at offices of commune-level People’s Committees and residential areas, listing and displaying such contents at cultural houses of villages, hamlets and street groups, or organizing conferences or seminars and distributing forms for collection of opinions of households and individuals representing communes, wards and townships. Contents put for opinion collection include explanatory reports and maps on land-use master plans;

b/ The summarization and assimilation of opinions, giving of explanations about raised issues, and finalization of tentative land-use master plans and plans shall be carried out before such master plans and plans are submitted for appraisal and approval and such opinions and explanations shall be publicly announced on websites of agencies in charge of formulating district-level land-use master plans, and district-level annual land use plans;

c/ The time limit for collection of opinions on a district-level land-use master plan or district-level annual land use plan is 30 days or 20 days, respectively, from the date of publicization of information on contents put for opinion collection.

4. Opinions on land-use master plans and plans shall be fully and accurately summarized with objective, transparent, prudent and thorough opinions and explanations.

Article 71. Appraisal of land-use master plans and plans

1. The competence to establish land-use master plan and plan appraisal councils is provided as follows:

a/ The competence to establish an appraisal council for national land-use master plans, master plans on use of land for national defense purpose or master plans on use of land for security purpose must comply with the planning law;

b/ The Prime Minister shall decide to establish national land-use plan appraisal councils.

The Ministry of Natural Resources and Environment shall assist such an appraisal council in the course of appraising national land use plans;

c/ The Minister of Natural Resources and Environment shall establish provincial-level land-use master plan appraisal councils and assign a unit of the Ministry of Natural Resources and Environment to assist such an appraisal council in the course of appraising provincial-level land-use master plans;

d/ Provincial-level People’s Committee chairpersons shall establish provincial-level land use plan appraisal councils, for centrally run cities that are not required to formulate provincial-level land-use master plans; establish district-level land-use master plan appraisal councils; assign units of provincial-level People’s Committees to assist such appraisal councils in the course of appraising provincial-level land use plans and district-level land-use master plans.

2. Contents of appraisal of a provincial-level or district-level land-use master plan:

a/ Legal and scientific grounds for formulation of the land-use master plan;

b/ Conformity of the land-use master plan with the planning contents approved by a competent authority;

c/ Economic, social and environmental efficiency;

d/ Feasibility of the land-use master plan.

3. Contents of appraisal of a land use plan:

a/ Grounds for the formulation of and contents of the land use plan;

b/ Conformity of the land use plan with the land-use master plan and urban master plan;

c/ Feasibility of the land use plan.

4. Appraisal councils for provincial-level or district-level land-use master plans and national- or provincial-level land use plans shall appraise land-use master plans or plans and send notices of appraisal results to the agencies organizing the formulation of land-use master plans and plans specified in Article 69 of this Law; agencies organizing the formulation of land-use master plans and plans shall direct agencies in charge of formulating land-use master plans and plans in assimilating opinions and giving explanations based on the notices of appraisal results.

In case of necessity, appraisal councils for provincial-level or district-level land-use master plans and national- or provincial-level land use plans shall carry out field inspection and survey of areas expected for repurposing, especially the repurposing of paddy land, protection forest land and special-use forest land.

5. The appraisal of national land-use master plans, master plans on use of land for national defense purpose and master plans on use of land for security purpose must comply with the planning law.

Article 72. Competence to decide on or approve land-use master plans and plans

1. The competence to decide on or approve national land-use master plans, master plans on use of land for national defense purpose and master plans on use of land for security purpose must comply with the Planning Law.

2. The Government shall approve national land use plans.

3. The Prime Minister shall approve provincial-level land-use master plans and provincial-level land use plans for centrally run cities that are not required to formulate provincial-level land-use master plans.

4. Provincial-level People’s Committees shall approve district-level land-use master plans and district-level annual land use plans.

5. Before approving district-level annual land use plans, provincial-level People’s Committees shall submit to provincial-level People’s Councils for approval lists of works and projects subject to land recovery, including projects subject to land recovery for auction of land use rights or bidding for selection of investors to implement land-using projects; projects subject to land repurposing that involve paddy land, special-use forest land, protection forest land or production forest land under master plans, except the cases specified in Clause 4, Article 67 of this Law.

Article 73. Review and modification of land-use master plans and plans

1. The modification of land-use master plans and plans must adhere to the following principles:

a/ The modification of land-use master plans and plans shall be decided or approved by agencies competent to decide on or approve land-use master plans and plans;

b/ Agencies competent to organize the formulation of land-use master plans and plans shall organize the modification of such master plans and plans;

c/ The modification of land-use master plans and plans does not change the objectives of such master plans and plans;

d/ The modification of land-use master plans and plans does not change land use norms determined and allocated under higher-level land-use master plans;

dd/ The modification of land-use master plans and plans must comply with the order and procedures specified in this Law.

2. Agencies competent to organize the formulation of master plans shall review land-use master plans once every 5 years in order to make modifications conformable with the socio-economic development situation in each period.

3. The review and modification of national land-use master plans, master plans on use of land for national defense purpose and master plans on use of land for security purpose must comply with the planning law.

4. Grounds for the modification of provincial-level land-use master plans:

a/ Modification of national-level, regional, provincial and technical and specialized master plans involving national-level and inter-provincial land use that leads to changes in the provincial-level land use structure;

b/ Establishment, merger, division or adjustment of boundaries of provincial-level administrative units or subordinate administrative units;

c/ Impacts of disasters or wars or national defense and security assurance requirements that lead to changes in land use purposes, structure, locations and areas.

5. Grounds for modification of district-level land-use master plans:

a/ Modification of higher-level master plans that leads to changes in the district-level land use structure;

b/ Establishment, merger, division or adjustment of boundaries of local administrative units;

c/ Impacts of wars or national defense and security assurance requirements that lead to changes in land use purposes, structure, locations and areas;

d/ Impacts of disasters or response to environmental incidents that lead to changes in land use purposes; adverse impacts of implementation of the master plans on social security, ecological environment and the community;

dd/ Major changes in resources for implementation of the master plans, or formation of key projects serving national interests and public interests, that lead(s) to changes in land use orientations.

6. The modification of master plans shall be carried out when there exists one of the grounds specified in Clauses 4 and 5 of this Article and decided or approved by competent agencies.

7. The modification of land use plans shall be carried out upon modification of relevant land-use master plans or urban master plans or when there is a change in the capability to implement such land use plans.

8. The modification of land-use master plans and plans must comply with Articles 64 thru 72 and Article 75 of this Law.

9. State agencies and persons that are competent to decide on or approve land-use master plans and plans at a level may decide on or approve the modification of land-use master plans and plans at such level.

Article 74. Selection of consultants for the formulation of land-use master plans and plans

1. The selection of consultants for the formulation of national land-use master plans, master plans on use of land for national defense purpose and master plans on use of land for security purpose must comply with the planning law.

2. The selection of consultants for the formulation of national land use plans, provincial-level land-use master plans and plans, district-level land-use master plans and district-level annual land use plans must comply with the Government’s regulations.

Article 75. Public announcement of land-use master plans and plans

1. The public announcement of national land-use master plans must comply with the planning law.

2. National land use plans; provincial-level land-use master plans and plans; district-level land-use master plans and district-level annual land use plans shall, after being decided or approved by competent state agencies, be publicly announced.

3. The responsibility for public announcement of land-use master plans and plans is provided as follows:

a/ The Ministry of Natural Resources and Environment shall publicly announce national land-use master plans and plans at its head office and on its Portal;

b/ Provincial-level People’s Committees shall publicly announce provincial-level land-use master plans and plans at their offices and on their portals;

c/ District-level People’s Committees shall publicly announce district-level land-use master plans and district-level annual land use plans at their offices and on their portals, and publicly announce contents of district-level land-use master plans and district-level annual land use plans related to communes, wards and townships at offices of commune-level People’s Committees. Commune-level People’s Committees shall publicly announce such master plans and plans to people and land users in their commune-level localities.

4. The time of and time limit for public announcement of land-use master plans and plans must comply with the following provisions:

a/ Within 15 days after being decided or approved by a competent state agency, a land-use master plan or plan shall be publicly announced;

b/ Land-use master plans and plans shall be publicized throughout the periods of land use master plans or plans.

5. Documents for public announcement of a land-use master plan or plan include:

a/ The document on approval of the land-use master plan or plan;

b/ An explanatory report on the approved land-use master plan or plan;

c/ A map of the approved land-use master plan.

Article 76. Organization of the implementation of land-use master plans and plans

1. The Government shall organize the implementation of national land-use master plans and plans.

The Prime Minister shall allocate land use norms to provincial-level administrative units, the Ministry of National Defense and Ministry of Public Security on the basis of national land use norms decided by the National Assembly.

2. The Ministry of National Defense shall organize the implementation of master plans on use of land for national defense purpose; the Ministry of Public Security shall implement master plans on use of land for security purpose.

3. Provincial-level People’s Committees and district-level People’s Committees shall organize the implementation of local land-use master plans and plans.

4. In case a land-use master plan has been publicly announced but there is no district-level annual land use plan, land users may continue to use the land and exercise the rights of land users provided in this Law.

5. For projects falling into the case specified in Clause 4, Article 67 of this Law that are subject to land recovery, district-level People’s Committees of localities where such projects are located shall publicly announce land areas subject to recovery according to the projects’ implementation progress to land users.

6. For land areas subject to recovery or repurposing under district-level annual land use plans or under Clause 4, Article 67 of this Law, land users may continue to exercise the rights of land users but may neither construct houses and works nor plant perennials. Land users may construct houses and works under definite-time construction permits, and renovate and repair existing houses and works in accordance with the construction law and relevant laws.

7. For land areas determined in district-level annual land use plans the recovery of which has been approved by competent agencies for project implementation or which are subject to land repurposing, if neither land recovery decisions nor land repurposing permissions have been issued after 2 consecutive years as defined in the district-level annual land use plans, agencies competent to approve such district-level annual land use plans shall consider, evaluate and publicly announce the modification or cancellation of land recovery or land repurposing.

In case agencies competent to approve district-level annual land use plans fail to modify or cancel land recovery or land repurposing or have done so but fail to publicly announce such modification or cancellation, the law-provided land use rights of land users will not be restricted.

8. Annually, provincial-level People’s Committees shall review, handle and publicly announce on their websites the land recovery, land repurposing, modification or cancellation of land recovery or land repurposing for the land areas stated in district-level annual land use plans; and send information thereon to the Ministry of Natural Resources and Environment and district- and commune-level People’s Committees.

9. The Government shall specify principles and criteria for allocation of provincial- and district-level land use norms.

10. The Government shall detail this Article and provide in detail the formulation, appraisal and modification of, collection of opinions on, approval and public announcement of, national land use plans, provincial-level land-use master plans, district-level land-use master plans and district-level annual land use plans.

Article 77. Responsibility for reporting on results of the implementation of land-use master plans and plans

1. District-level People’s Committees shall report on results of the implementation of land-use master plans and plans to provincial-level People’s Committees before October 15 every year.

2. Provincial-level People’s Committees shall report on results of the implementation of land-use master plans and plans to the Ministry of Natural Resources and Environment before October 15 of the last year of every period of land-use master plan or plan.

3. The Ministry of National Defense shall report on results of the implementation of master plans on use of land for national defense purpose, while the Ministry of Public Security shall report on results of the implementation of master plans on use of land for security purpose, to the Ministry of Natural Resources and Environment before October 15 of the last year of every period of 5-year land use plans and the last year of every period of land-use master plans.

4. The Ministry of Natural Resources and Environment shall summarize results of the implementation of land use master plans nationwide and submit them to the Government for reporting to the National Assembly in the last year of every period of land-use master plans.

Chapter VI

LAND RECOVERY AND LAND REQUISITION

Article 78. Land recovery for national defense and security purposes

The State shall recover land for national defense and security purposes for use as:

1. Barracks or working offices;

2. Military bases;

3. National defense works, battlefields and special national defense and security works;

4. Stations, ports, and military and security information works;

5. Industrial, scientific and technological, cultural and sports works that directly serve national defense and security;

6. Warehouses of the people’s armed forces;

7. Shooting ranges, drill-grounds, weapon testing grounds or weapon destruction sites;

8. Training institutions, professional training and further training centers, sanatoria and functional rehabilitation facilities, or medical examination and treatment establishments of the people’s armed forces;

9. Official residences of the people’s armed forces;

10. Incarceration facilities; temporary detention or custody facilities; compulsory education institutions; reformatories and labor, re-education, vocational and job training quarters for prisoners, detainees and students managed by the Ministry of National Defense and Ministry of Public Security.

Article 79. Land recovery for socio-economic development for national and public interests

The State shall recover land in cases of  real necessity to implement socio-economic development projects for national and public interests in order to promote land resources, improve land use efficiency, develop socio-economic infrastructure toward modernity, implement social security policies, protect the environment, and conserve cultural heritages in the following cases:

1. Construction of traffic works, including: expressways, motorways, urban roads and rural roads, including also bypasses, rescue roads and intra-field roads to meet the people’s travel needs, bus stops, pick-up and drop-off points, toll plazas, warehouses and storing yards, garages; ferry landings, bus stations, rest areas; all types of railways; railway stations; all types of bridges and tunnels for traffic purpose; inland waterway and maritime works; aviation works; cable car lines and cable car stations; fishing ports and inland container depots; offices and service provision establishments in stations, ports and bus stations; safety corridors of traffic works subject to land recovery for public-utility purposes; and other structures serving traffic and transportation;

2. Construction of hydraulic structures, including dikes, embankments, culverts, dams, spillways, reservoirs, hydraulic tunnels, water supply, drainage and irrigation systems, including also hydraulic structure protection corridors that require land use; key hydraulic structures, including also working offices, warehouses, and hydraulic structure production, repair and maintenance establishments within hydraulic structures;

3. Construction of water supply and drainage facilities, including water plants; pumping stations; water tanks and towers; water supply and sewerage pipelines; regulation reservoirs; water, mud and sludge treatment facilities, including also working offices, warehouses, and production, repair and maintenance establishments of water supply and drainage facilities;

4. Construction of waste treatment facilities, including: transfer stations; landfills; waste and hazardous waste treatment complexes, zones and facilities, including also working offices, warehouses, and production, repair and maintenance establishments of waste treatment facilities;

5. Construction of energy and public lighting works, including: power plants and auxiliary works of power plants; dams, embankments, reservoirs and pipelines serving hydropower plants; power transmission lines and transformer stations; service provision, repair and maintenance works within power plants; and public lighting systems;

6. Construction of oil and gas structures, including: production platforms, works serving petroleum production and processing, petrochemical refineries, gas processing plants, biofuel production plants; crude oil depots, and petrol, oil and gas storages and pumping stations, pipeline systems, and safety corridors to ensure technical safety; service provision, repair and maintenance works within works serving petroleum production and processing, petrochemical refineries, gas processing plants, and biofuel production plants;

7. Construction of post, telecommunications and information technology infrastructure facilities, including: houses, stations, antenna masts, cable pylons, drains, tanks, cable pipes, trenches, technical tunnels and other related technical infrastructure facilities for the installation of telecommunications service equipment and equipment installed therein to serve telecommunications; data centers, including also safety corridors of works to ensure their technical safety but not permitted for use for other purposes; the system of postal operations units and postal service points; commune post offices-cum-cultural houses; service provision, repair and maintenance works within post, telecommunications and information technology works;

8. Construction of commune/ward-managed markets for local people and wholesale markets;

9. Construction of belief works, including communal houses, temples, shrines and other lawful belief works;

10. Construction of religious works, including: headquarters of religious organizations or dependent religious organizations; pagodas, churches, chapels, cathedrals, sanctuaries; schools for training religious activists; monuments, steles, towers and other lawful religious works;

11. Construction of public amusement parks and sites for community activities, including: parks, flower gardens, beaches and other sites for public amusement; facilities for meetings and other activities in conformity with customs and practices of local communities;

12. Construction of headquarters of agencies of the Communist Party of Vietnam, state agencies, Vietnam Fatherland Front, socio-political organizations, socio-political-professional organizations, socio-professional organizations, social organizations and other organizations established in accordance with law that assigned tasks and allocated part of their recurrent expenditures by the State;

13. Construction of headquarters or representative offices of public non-business units of the Communist Party of Vietnam, state agencies and socio-political organizations;

14. Construction of cultural establishments, historical-cultural relics and scenic spots, including: convention centers, theaters, cultural houses, cultural centers, cultural palaces, clubs, cinemas and circuses; relic works; symbolic and artistic works, children’s palaces, children’s houses, youth and children activity centers, museums, exhibition halls, libraries, literary creation establishments, art creation establishments, art galleries, art troupe offices; works involving expansion, renovation, embellishment, restoration, and promotion of values, of historical-cultural relics and scenic spots ranked or included in the list of relics inventory by provincial-level People’s Committees in accordance with the law on cultural heritages; and other cultural establishments established or licensed by the State;

15. Construction of medical establishments and social service establishments established or licensed by the State, including: medical examination and treatment establishments; functional rehabilitation establishments; preventive medicine establishments; population affairs establishments; testing establishments; standardization and inspection establishments; medical assessment establishments; forensic examination establishments; drug manufacturing establishments; medical equipment manufacturing establishments; social work service centers, social protection establishments; healing, education and social labor centers; sanatoria for people with meritorious contributions to the nation; child support facilities; consultancy and care establishments for the elderly, people with disabilities, children in plight, people infected with HIV/AIDS and people with mental illnesses; drug rehabilitation establishments; and nurturing establishments for the elderly and children in plight;

16. Construction of education and training institutions established or licensed by the State, including: nurseries, pre-primary schools, early childhood schools, general education institutions, continuing education institutions, specialized schools, higher education institutions and vocational education institutions;

17. Construction of physical training and sports facilities established or licensed by the State, including: sports complexes, athlete training centers; stadiums, and gymnasia;

18. Construction of scientific and technological institutions established or licensed by the State, including: scientific and technological research, development and service organizations; innovative startup support organizations; technology incubators, science and technology business incubators; science and technology parks; science museums; and measurement standard systems;

19. Construction of diplomatic establishments, including: headquarters of embassies, consulates, and representative offices of foreign diplomatic organizations and non-governmental organizations with diplomatic functions; and diplomatic corps managed by the State;

20. Construction of non-business works for environmental treatment, biodiversity conservation, meteorology, hydrology, registration and inspection, animal and plant quarantine;

21. Implementation of investment projects on construction of social houses and houses for the people’s armed forces, except agreements on receipt of land use rights; investment projects on construction of official residences; investment projects on condominium renovation or reconstruction, unless condominium owners agree to transfer land use rights to project owners for implementation of investment projects on condominium renovation or reconstruction in accordance with the Housing Law; and resettlement projects;

22. Implementation of projects on industrial parks and cottage industry zones; hi-tech parks; hi-tech agricultural zones; information technology parks; hi-tech forestry zones; and non-tariff areas in economic zones;

23. Implementation of projects on large-scale agro-forestry-fisheries product production and processing zones with shared-use complete infrastructure facilities from the stage of production to the stage of processing of agro-forestry-fisheries products for inter-district, inter-provincial and inter-regional service; and projects on growing of medicinal plants and conservation of medicinal plant genes for the development of traditional medicinal herbs;

24. Performance of sea reclamation activities;

25. Performance of mining activities licensed by competent state agencies, including work items serving mineral exploitation and processing associated with mining areas and safety corridors for mining activities that are subject to land recovery;

26. Implementation of projects in the vicinities of traffic connection points and traffic routes with development potential;

27. Implementation of investment projects on construction of urban centers with mixed-service functions and technical and social infrastructure systems synchronized with houses in accordance with the construction law for construction, renovation or embellishment of urban centers; and projects on rural residential areas;

28. Construction of cemeteries, funeral homes, cremation facilities and columbaria;

29. Implementation of projects on allocation of residential land and production land for ethnic minority people in order to implement land policies toward ethnic minority people in accordance with this Law;

30. Construction of above-ground works to serve the operation, exploitation and use of underground works;

31. Implementation of projects having their investment policy approved or decided by the National Assembly or Prime Minister in accordance with law;

32. In case of recovery of land for the implementation of projects or works for national or public interests other than those specified in Clauses 1 thru 31 of this Article, the National Assembly shall amend or supplement cases of land recovery specified in this Article according to fast-track procedures.

Article 80. Grounds and conditions for land recovery for national defense and security purposes; and socio-economic development for national and public interests

1. Land recovery for national defense and security purposes; and socio-economic development for national and public interests must comply with Article 78 or 79 of this Law and, at the same time, projects subject to land recovery must fall into one of the following cases:

a/ They are included in district-level annual land use plans approved by competent agencies;

b/ They have obtained investment decisions in accordance with the public investment law or investment project approval decisions in accordance with the law on investment in the form of public-private partnership;

c/ They have obtained investment policy approval decisions or investment policy approval-cum-investor approval decisions or investor approval decisions in accordance with the investment law, for investment projects subject to investment policy approval by the National Assembly or Prime Minister;

d/ They have obtained documents of competent state agencies specified in Article 84 of this Law, in case of land recovery related to national defense and security.

2. In case the projects specified in Clause 1 of this Article involve land use phasing, land recovery shall be carried out according to the project implementation progress determined in documents on project investment policy approval or decision.

3. Conditions for land recovery for national defense and security purposes, and socio-economic development for national and public interests include completion of approval of compensation, support and resettlement plans and resettlement arrangement in accordance with this Law.

4. The land recovery specified in Clauses 26 and 27, Article 79 of this Law must satisfy the conditions specified in Clauses 1, 2 and 3 of this Article and aims to create land areas invested by the State for management and exploitation or for land allocation or lease to investors in accordance with law.

Article 81. Cases subject to land recovery due to violations of the land law

1. Land users have used land not for the purposes when they are allocated or leased land by the State or their land use rights are recognized by the State, and later been administratively sanctioned for acts of improperly using land but repeat the violation.

2. Land users have destroyed land and later been administratively sanctioned for acts of destroying land but repeat the violation.

3. Land has been allocated or leased to ineligible subjects or ultra vires.

4. Land has been transferred or donated from persons allocated or leased land by the State who are not allowed to transfer or donate land in accordance with this Law.

5. Land assigned by the State to land users for management has been encroached upon or appropriated.

6. Land users have failed to fulfill their financial obligations toward the State.

7. Land for annual crops or land for aquaculture has not been used for 12 consecutive months; land for perennials has not been used for 18 consecutive months; or land for afforestation has not been used for 24 consecutive months, and land users have been administratively sanctioned but fail to put land into use within time limits stated in administrative sanctioning decisions;

8. Land allocated, leased or permitted for repurposing or land with land use rights recognized by the State or land use rights acquired for implementation of investment projects has not been used for 12 consecutive months from the date of land handover on the field or in case the land use progress is 24 months behind that stated in investment projects. In case the land has not been put into use or the land use progress is behind that stated in investment projects, project owners may have the land use period extended for up to 24 months and shall additionally pay to the State a money amount equal to the payable land use levy or land rental amount for the extended land use period. Upon the expiration of the extended land use period, if project owners still fail to put the land into use, the State shall recover the land without paying compensation for the land and land-attached assets and remaining land investment costs.

9. The cases specified in Clauses 6, 7 and 8 of this Article do not apply to force majeure events.

10. The Government shall detail this Article.

Article 82. Land recovery due to termination of land use under law, voluntary return of land, appearance of threats to human life or inability to continue using land

1. Cases subject to land recovery due to termination of land use under law:

a/ Organizations allocated land by the State without land use levy payment are dissolved, go bankrupt or terminate their operation in accordance with law;

b/ Individual land users die without any heirs after having fulfilled their property obligations in accordance with the civil law;

c/ Land allocated or leased by the State for a definite period is not entitled to land use period extension;

d/ Land-using investment projects are terminated in accordance with the investment law;

dd/ Forests are recovered in accordance with the forestry law.

2. Land shall be recovered when land users have declining demand or no longer have demand for using land and make declarations for voluntary return of land.

3. Cases subject to land recovery due to appearance of threats to human life or inability to continue using land:

a/ Residential land in polluted areas that are likely to threaten human life; land of other types in polluted areas that are no longer capable of continuing to be used for the defined purposes;

b/ Residential land areas that are prone to landslide or subsidence or likely to be affected by other disasters threatening human life; land areas of other types that are prone to landslide or subsidence or likely to be affected by other disasters and no longer usable.

4. Land shall be recovered in cases subject to land recovery under Clause 1, Article 48, and Points d and dd, Clause 1, Article 181, of this Law.

5. Land recovery in the cases specified in Clauses 1, 2 and 3 of this Article must be based on the following grounds:

a/ A legally effective document of an agency competent to recover land, for the case specified at Point a, Clause 1 of this Article;

b/ A death certificate or decision to declare a person dead in accordance with law, for the case specified at Point b, Clause 1 of this Article;

c/ A land allocation decision, land lease decision, certificate of land use rights, certificate of ownership of houses and residential land use rights, certificate of land use rights and ownership of houses and other land-attached assets, or certificate of land use rights and ownership of land-attached assets, for the case specified at Point c, Clause 1 of this Article;

d/ A document on termination of an investment project, for the case specified at Point d, Clause 1 of this Article;

dd/ A document on forest recovery, for the case specified at Point dd, Clause 1 of this Article;

e/ A land user’s document on land return, for the case specified in Clause 2 of this Article;

g/ A competent agency’s document determining the degree of environmental pollution, landslide or land subsidence or impacts by a disaster, for the cases specified in Clause 3 of this Article.

6. The Government shall detail this Article.

Article 83. Competence to recover land and handle cases of recovery of land and land-attached assets that are public assets

1. Provincial-level People’s Committees shall decide on land recovery for domestic organizations, religious organizations, dependent religious organizations, people of Vietnamese origin residing abroad, foreign organizations with diplomatic functions and foreign-invested economic organizations in the cases specified in Articles 81 and 82 of this Law.

2. District-level People’s Committees shall decide on land recovery in the following cases:

a/ The cases specified in Articles 78 and 79 of this Law, irrespective of land users, and organizations and individuals currently managing or appropriating land;

b/ Recovery of land from households, individuals and residential communities in the cases specified in Articles 81 and 82 of this Law.

3. In case land use rights and land-attached assets are public assets falling into the cases subject to land recovery specified in this Law, such public assets are not required to be rearranged or disposed of in accordance with the law on public asset management and use.

Article 84. Cases of land recovery related to national defense and security

1. In case of recovery of land areas for national defense or security purpose already included in master plans on use of land for national defense purpose or master plans on use of land for security purpose and such land areas are those to be transferred to localities for implementation of socio-economic development projects for national and public interests as specified in Article 79 of this Law, it is required to reach agreement with the Minister of National Defense, for land for national defense purpose, or with the Minister of Public Security, for land for security purpose. In case of disagreement, provincial-level People’s Committees shall report such to the Prime Minister for consideration and decision.

2. In case land areas subject to recovery for the performance of national defense or security tasks are not included in master plans on use of land for national defense purpose or master plans on use of land for security purpose, the Minister of National Defense or Minister of Public Security shall collect opinions of the Ministry of Natural Resources and Environment and provincial-level People’s Committees of localities where such land areas are located for reporting to the Prime Minister for the latter to consider and approve land recovery, and update information thereon upon the review and modification of such master plans in accordance with law after the land recovery.

3. In case it is necessary to recover land areas for national defense or security purpose and land-attached assets for transfer to localities for implementation of socio-economic development projects for national and public interests, but such land areas are not determined in master plans on use of land for national defense purpose or master plans on use of land for security purpose as those to be transferred to localities, the following provisions shall apply:

a/ For projects subject to the National Assembly’s investment policy decision or approval in accordance with the public investment law, law on investment in the form of public-private partnership, and the investment law, the Prime Minister shall, after the National Assembly decides on or approves the investment policy, consider and approve the recovery of land for national defense or security purpose and land-attached assets for project implementation;

b/ For projects subject to the Prime Minister’s investment policy decision or approval in accordance with the public investment law, law on investment in the form of public-private partnership, and the investment law, the Prime Minister shall consider and approve the recovery of land for national defense or security purpose and land-attached assets for project implementation together with decision and approval of investment policy;

c/ For public investment projects and investment projects in the form of public-private partnership other than those specified at Points a and b of this Clause, provincial-level People’s Committees shall coordinate with the Ministry of National Defense, for land for national defense purpose, or with the Ministry of Public Security, for land for security purpose, in reporting to the Prime Minister for the latter to consider and approve the recovery of land for national defense or security purpose and land-attached assets for project implementation before deciding on investment in accordance with the public investment law and law on investment in the form of public-private partnership;

d/ After being recovered, information on land areas belonging to the projects specified at Points a, b and c of this Clause shall be updated upon review and modification of master plans in accordance with law.

4. The Government shall detail this Article.

Article 85. Notification of land recovery and abidance by decisions on land recovery for national defense and security purposes; and socio-economic development for national and public interests

1. Before issuing a land recovery decision, a competent state agency shall send a land recovery notice to the person whose land is recovered, owners of land-attached assets, and persons with related interests and obligations (if any) at least 90 days for agricultural land or 180 days for non-agricultural land. The land recovery notice must have the following contents: reasons for land recovery; area and location of the recovered land parcel; land recovery progress; plan on investigation, survey, measurement and inventory; plan on relocation of people from the recovered land area; and compensation, support and resettlement plan.

2. In case land users, owners of land-attached assets, and persons with related interests and obligations in recovered land areas agree to let competent state agencies recover land sooner than the time limit specified in Clause 1 of this Article, competent People’s Committees shall decide to recover land without having to wait until the expiration of the time limit specified in Clause 1 of this Article.

3. Persons whose land is recovered and owners of land-attached assets shall coordinate with units or organizations in charge of compensation, support and resettlement in the process of investigation, survey, measurement and inventory, and formulation of compensation, support and resettlement plans.

4. When land recovery decisions take effect and compensation, support and resettlement plans approved by competent agencies are publicly announced, persons whose land is recovered, owners of land-attached assets and persons with related interests and obligations shall abide by such land recovery decisions.

5. The validity duration of a land recovery notice is 12 months from the date of its issuance.

Article 86. Agencies, units and organizations responsible for performing compensation, support and resettlement tasks; and managing, exploiting and using recovered land areas

1. District-level People’s Committees shall direct and organize the performance of compensation, support and resettlement tasks in accordance with this Law.

2. Units and organizations performing compensation, support and resettlement tasks include one or more of the following units and organizations:

a/ Land fund development organizations;

b/ Other units and organizations having the function of performing compensation, support and resettlement tasks;

c/ Compensation, support and resettlement councils.

A compensation, support and resettlement council shall be established by the chairperson of the district-level People’s Committee for each project. It shall be composed of the chairperson or vice chairperson of the district-level People’s Committee as the council chairperson; representatives of the finance agency, agency with land management function and commune-level People’s Committee of the locality where the to-be-recovered land is located; representatives of land users whose land is recovered; and other members as decided by the chairperson of the district-level People’s Committee to suit local realities. Representatives of the district-level People’s Council and Vietnam Fatherland Front Committee and representatives of other socio-political organizations may be invited to join the compensation, support and resettlement council’s meetings for supervision.

3. Units and organizations performing compensation, support and resettlement tasks shall coordinate with district-level People’s Committees in carrying out compensation, support and resettlement activities according to their assigned functions and tasks.

4. Chairpersons of provincial-level People’s Committees shall direct and monitor district-level People’s Committees in the organization of compensation, support and resettlement activities; and promptly tackle difficulties falling beyond the competence of the district-level authorities.

5. Land areas that are recovered under Articles 78 and 79 of this Law but have not been allocated or leased for use in urban areas shall be assigned to land fund development organizations for management, exploitation and use; such land areas in rural areas shall be assigned to commune-level People’s Committees for management.

Article 87. Order and procedures for compensation, support, resettlement and recovery of land for national defense and security purposes; and socio-economic development for national and public interests

1. Before a land recovery notice is issued, the commune-level People’s Committee of the locality where the to-be-recovered land is located shall assume the prime responsibility for, and coordinate with the same-level Vietnam Fatherland Front Committee, unit or organization performing compensation, support and resettlement tasks and related agencies in, organizing meetings with persons having land in the recovered land area to disseminate and receive opinions on the following contents:

a/ Purposes, significance and importance of projects and works to be implemented on the land area to be recovered;

b/ The State’s regulations on policies on compensation, support and resettlement upon land recovery;

c/ Tentative contents of the compensation, support and resettlement plan;

d/ Projected resettlement area in case persons whose land is recovered are arranged resettlement.

2. The implementation of a plan on land recovery, investigation, survey, measurement and inventory is provided as follows:

a/ The People’s Committee competent to recover land shall issue a land recovery notice;

b/ The commune-level People’s Committee of the locality where the recovered land is located shall send the land recovery notice to each person whose land is recovered, owners of land-attached assets, and persons with related rights and obligations (if any), and, at the same time, post such notice and a list of persons whose land is recovered in the locality under its management at its office and communal place of the residential area where land is recovered throughout the course of compensation, support and resettlement.

In case it is impossible to contact, or send the land recovery notice to, the person whose land is recovered, owners of land-attached assets, and persons with related interests and obligations (if any), the competent agency shall publish such notice in one of the central and provincial-level dailies for 3 consecutive issues and broadcast it on the central and provincial-level radio or television for 3 times in 3 consecutive days; or post it at the office of the commune-level People’s Committee and communal place of the residential area where the recovered land is located, and publish it on the portal of the district-level People’s Committee throughout the course of compensation, support and resettlement without having to send it again;

c/ The commune-level People’s Committee of the locality where the recovered land is located shall coordinate with the unit or organization performing compensation, support and resettlement tasks, related agencies and persons whose land is recovered in carrying out investigation, survey, recording of the status quo, measurement, inventory, making of statistics and classification of the area of the recovered land and land-attached assets; and determining the origin of the recovered land and land-attached assets;

d/ The commune-level People’s Committee of the locality where the recovered land is located shall coordinate with the unit or organization in performing compensation, support and resettlement tasks in investigating, determining and making adequate statistics of actual damage to use rights and assets attached to the recovered land; and identifying persons with related rights and obligations, income from the use of the recovered land and land-attached assets, and aspirations for resettlement and career change;

dd/ In case persons whose land is recovered refuse to coordinate in the investigation, survey, measurement and inventory, the commune-level People’s Committee shall assume the prime responsibility for, and coordinate with the commune-level Vietnam Fatherland Front Committee of the locality where the recovered land is located and the unit or organization performing compensation, support and resettlement tasks in, mobilizing and persuading these persons in order to create consensus in implementation.

The organization of mobilization and persuasion shall be carried out for 15 days and expressed in writing. After 10 days from the date of completion of the mobilization and persuasion, if the persons whose land is recovered still refuse to coordinate in the investigation, survey, measurement and inventory, the chairperson of the district-level People’s Committee shall issue a compulsory inventory decision. The persons whose land is recovered shall abide by such decision, otherwise, the chairperson of the district-level People’s Committee shall issue a decision to enforce the implementation of the compulsory inventory decision and organize the enforcement under Article 88 of this Law.

3. The formulation, appraisal and approval of a compensation, support and resettlement plan are provided as follows:

a/ The unit or organization performing compensation, support and resettlement tasks shall formulate a compensation, support and resettlement plan and coordinate with the commune-level People’s Committee of locality where land is recovered in publicly posting the compensation, support and resettlement plan at the office of the commune-level People’s Committee, and communal places of residential areas where land is recovered for 30 days. Upon the expiration of the duration for posting, such unit or organization shall collect opinions on the compensation, support and resettlement plan through holding meetings with people in areas where the land is recovered. In case persons whose land is recovered and asset owners fail to attend such meetings for plausible reasons, they may send their written opinions.

The collection of opinions shall be recorded in writing, clearly stating the number of opinions for, number of opinions against and number of other opinions on the compensation, support and resettlement plan; assimilation of opinions and giving of explanations about raised issues, and certified by the representative of the commune-level People’s Committee and representatives of persons whose land is recovered.

Within 60 days from the date of collection of opinions, the unit or organization performing compensation, support and resettlement tasks shall coordinate with commune-level People’s Committee of the locality where land is recovered to hold a dialogue in case there remain opinions disagreeing to the compensation, support and resettlement plan; and shall assimilate opinions and give explanations about raised issues on the draft compensation, support and resettlement plan, then finalize and submit it to the competent agency;

b/ The compensation, support and resettlement plan shall be appraised before being submitted to the People’s Committee competent to decide on land recovery;

c/ The People’s Committee competent to recover land shall decide to approve the compensation, support and resettlement plan.

4. Units and organizations performing compensation, support and resettlement tasks have the following responsibilities:

a/ To coordinate with commune-level People’s Committees in disseminating and publicly posting decisions approving compensation, support and resettlement plans at offices of commune-level People’s Committees and communal places of residential areas where land is recovered;

b/ To send compensation, support and resettlement plans approved by the competent agency to each person whose land is recovered, owners of land-attached assets, and persons with related interests and obligations, clearly stating the level of compensation and support, arrangement of houses or land for resettlement (if any), time and place of payment of compensation and support; time of arrangement of houses or land for resettlement (if any), and time of handover of the recovered land to units or organizations performing compensation, support and resettlement tasks;

c/ To carry out compensation, support and resettlement under compensation, support and resettlement plans approved by competent agencies.

5. People’s Committees competent to recover land shall issue land recovery decisions within 10 days after:

a/ Compensation, support and resettlement plans are approved, in case resettlement arrangement is not required;

b/ Persons whose land is recovered are resettled on the spot and agree to receive compensation for temporary residence expenses;

c/ Persons whose land is recovered are allocated or handed over land on the field by the competent agency for self-construction of resettlement houses;

d/ Persons whose land is recovered are handed over resettlement houses by the competent state agency;

dd/ Persons whose land is recovered are handed over residential land with resettlement houses thereon by the competent state agency;

e/ Persons whose land is recovered agree and receive compensation to arrange their accommodations by themselves;

g/ Persons whose land is recovered voluntarily hand over the land to the State and are provided with temporary accommodations or have their temporary residence expenses paid.

6. In case a competent state agency organizes the implementation of a compensation, support and resettlement plan approved by the competent agency but persons whose land is recovered disagree to such plan or refuse to coordinate in the implementation:

a/ The commune-level People’s Committee shall assume the prime responsibility for, and coordinate with the commune-level Vietnam Fatherland Front Committee in the locality where the land is recovered and the unit or organization performing compensation, support and resettlement tasks in, mobilizing and persuading such persons in order to create consensus in implementation;

b/ The mobilization and persuasion shall be carried out for 10 days and expressed in writing. After 10 days from the date of completion of the mobilization and persuasion, if such persons still disagree to the plan or refuse to coordinate in the implementation, the competent People’s Committee shall issue a land recovery decision.

7. In case persons whose land is recovered, owners of land-attached assets, and persons with related interests and obligations fail to hand over the land to the unit or organization performing compensation, support and resettlement tasks:

a/ The commune-level People’s Committee shall assume the prime responsibility for, and coordinate with the commune-level Vietnam Fatherland Front Committee in the locality where the land is recovered and the unit or organization performing compensation, support and resettlement tasks in, mobilizing and persuading such persons to hand over land to the unit or organization performing compensation, support and resettlement tasks;

b/ The mobilization and persuasion shall be carried out for 10 days and expressed in writing. After 10 days from the date of completion of the mobilization and persuasion, if persons whose land is recovered still fail to hand over the land to the unit or organization performing compensation, support and resettlement tasks, the district-level People’s Committee chairperson shall issue a land recovery enforcement decision and organize the enforcement under Article 89 of this Law.

8. Land fund development organizations and commune-level People’s Committees shall manage recovered land areas pending land allocation or lease under Clause 5, Article 86 of this Law.

9. The Government shall detail this Article.

Article 88. Enforcement of compulsory inventory decisions

1. The enforcement of compulsory inventory decisions must adhere to the following principles:

a/ Being carried out in a public, transparent, democratic and objective manner, thereby ensuring order, safety and compliance with law;

b/ Being commenced during office hours.

2. The enforcement of a compulsory inventory decision shall be carried out when the following conditions are fully satisfied:

a/ Persons whose land is recovered, owners of land-attached assets, and persons with related interests and obligations fail to abide by such compulsory inventory decision after the commune-level People’s Committee and Vietnam Fatherland Front Committee of the locality where land is recovered and the unit or organization performing compensation, support and resettlement tasks have mobilized and persuaded them to do so;

b/ The decision on enforcement of the compulsory inventory decision has been publicly posted at the office of the commune-level People’s Committee and at the communal place of the residential area where land is recovered and announced on the commune-level public address system;

c/ The decision on enforcement of the compulsory inventory decision has taken effect;

d/ Persons subject to the enforcement have received the effective decision on enforcement of the compulsory inventory decision.

In case a person subject to the enforcement refuses to receive the enforcement decision or is absent when the enforcement decision is delivered, the commune-level People’s Committee shall make a minutes.

3. Chairpersons of district-level People’s Committees shall issue decisions on enforcement of compulsory inventory decisions and organize the implementation of such enforcement decisions.

4. A decision on enforcement of the compulsory inventory decision shall be implemented according to the following order and procedures:

a/ The organization assigned to carry out the enforcement shall mobilize, persuade and hold a dialogue with the person subject to the enforcement;

b/ In case the person subject to the enforcement abides by the enforcement decision, the organization assigned to carry out the enforcement shall make minutes of abidance and carry out investigation, survey, measurement and inventory.

In case the person subject to the enforcement fails to abide by the enforcement decision, the organization assigned to carry out the enforcement shall execute the enforcement decision.

5. The public security forces shall protect order and safety in the course of execution of decisions on enforcement of compulsory inventory decisions.

6. The Government shall detail this Article.

Article 89. Enforcement of land recovery decisions

1. The enforcement of land recovery decisions must adhere to the following principles:

a/ Being carried out in a public, transparent, democratic and objective manner, thereby ensuring order, safety and compliance with law;

b/ Being commenced during office hours. The enforcement may not be carried out during the period from 22:00 hours to 6:00 hours, or on weekends and public holidays as provided by law and traditional holidays of ethnic groups; or within 15 days before and after the Lunar New Year holiday, or in other special cases that are likely to seriously affect political security, social order and safety, and local customs and practices;

c/ Being carried out for land users, owners of land-attached assets and other subjects related to recovered land (if any).

2. The enforcement of a land recovery decision shall be carried out when the following conditions are fully satisfied:

a/ The land recovery decision has taken effect but the person whose land is recovered fails to abide by such decision after the commune-level People’s Committee and Vietnam Fatherland Front Committee of the locality where land is recovered and the agency with land management function or the unit or organization performing compensation, support and resettlement tasks have mobilized and persuaded him/her to do so;

b/ The decision on enforcement of the land recovery decision has been publicly posted at the office of the commune-level People’s Committee and communal place of the residential area where land is recovered;

c/ The decision on enforcement of the land recovery decision has taken effect;

d/ The person subject to the enforcement has received the effective decision on enforcement of the land recovery decision.

In case the person subject to the enforcement refuses to receive the enforcement decision or is absent when the enforcement decision is delivered, the commune-level People’s Committee shall make a minutes.

3. Chairpersons of district-level People’s Committees shall issue decisions on enforcement of land recovery decisions and organize the implementation of such enforcement decisions.

An enforcement decision shall be executed within 10 days from the date the person subject to the enforcement receives the enforcement decision or from the date the commune-level People’s Committee makes a minutes stating that the person subject to the enforcement is absent or refuses to receive the enforcement decision, unless the enforcement decision specifies a longer time limit.

4. A decision on enforcement of a land recovery decision shall be implemented according to the following order and procedures:

a/ Before carrying out the enforcement, the chairperson of the district-level People’s Committee shall decide to establish a land recovery enforcement committee composed of the chairperson or vice chairperson of the district-level People’s Committee acting as the committee head; and representatives of agencies with inspection, justice, natural resources and environment, and construction functions; unit or organization performing compensation, support and resettlement tasks, and leaders of the commune-level People’s Committee of the locality where land is recovered as committee members, and other members as decided by the chairperson of the district-level People’s Committee;

b/ The land recovery enforcement committee shall mobilize, persuade and hold a dialogue with the person subject to the enforcement. If such person abides by the enforcement decision, the land recovery enforcement committee shall make a minutes of abidance. The handover of land shall be carried out within 30 days from the date of making the minutes.

In case the person subject to the enforcement fails to abide by the enforcement decision, the land recovery enforcement committee shall carry out the enforcement;

c/ The land recovery enforcement committee may force the person subject to the enforcement and related persons to leave the land area subject to the enforcement and move their assets from such land area by themselves. If these persons fail to do so, the land recovery enforcement committee shall remove them together with their assets from the land area subject to the enforcement.

In case the person subject to the enforcement refuses to receive assets, the land recovery enforcement committee shall make a minutes thereof, and organize the preservation of such assets in accordance with law and notify such to asset owners for receiving back the assets;

d/ The land recovery enforcement committee shall invite a representative of the district-level Vietnam Fatherland Front Committee to supervise the land recovery enforcement.

5. Responsibilities of agencies, organizations and individuals for implementing decisions on enforcement of land recovery decisions are specified as follows:

a/ District-level People’s Committees shall organize the land recovery enforcement and settle complaints related to the enforcement in accordance with the law on complaints; and ensure necessary conditions and means to facilitate the enforcement, and allocate funds for the enforcement;

b/ Land recovery enforcement committees shall assume the prime responsibility for formulating enforcement plans and estimating funds for enforcement activities and submitting them to district-level People’s Committees for approval; and hand over land areas to units and organizations performing compensation, support and resettlement tasks.

In case there are assets on recovered land, the preservation of such assets must comply with the Government’s regulations. Expenses for preservation of such assets shall be paid by asset owners;

c/ The public security forces shall protect order and safety in the course of execution of decisions on enforcement of land recovery decisions;

d/ Commune-level People’s Committees of localities where land is recovered shall coordinate with related agencies and units in organizing the delivery and public posting of decisions on enforcement of land recovery decisions; participate in carrying out the enforcement; and coordinate with land recovery enforcement committees in sealing and moving assets of the persons subject to the land recovery enforcement;

dd/ Other related agencies, organizations and individuals shall coordinate with land recovery enforcement committees in carrying out the land recovery enforcement at the latter’s request.

6. Funds for the land recovery enforcement shall be allocated from the state budget and recorded as an item in funds for compensation, support and resettlement.

7. The Government shall detail this Article.

Article 90. Land requisition

1. The State may requisition land in case it is really necessary to perform national defense and security tasks or in a state of war or emergency, or for disaster prevention and control.

2. Land requisition decisions must be expressed in writing and take effect from the time of issuance.

In case of emergency in which it is impossible to issue a written decision, a competent person may make an oral decision on land requisition which takes effect immediately. A person competent to decide on land requisition shall make a written certification of his/her land requisition decision at the time of requisition and hand it over to the person whose land is requisitioned. Within 48 hours from the time the competent person makes an oral decision on land requisition, the agency employing such person shall send a written certification of land requisition to the person whose land is requisitioned.

3. The Minister of National Defense, Minister of Public Security, Minister of Transport, Minister of Agriculture and Rural Development, Minister of Health, Minister of Industry and Trade, Minister of Natural Resources and Environment, Minister of Finance, chairpersons of provincial-level People’s Committees and chairpersons of district-level People’s Committees are competent to decide on land requisition and decide on extension of the land requisition duration. Persons competent to decide on land requisition and decide on extension of the land requisition duration may not authorize other persons to do so.

4. The land requisition duration must not exceed 30 days after a land requisition decision takes effect. In case the land requisition duration has expired but purposes of the land requisition have not been fulfilled, such duration may be extended for no more than 30 days. A decision on extension of the land requisition duration must be expressed in writing and sent to the person whose land is requisitioned and owners of assets attached to the requisitioned land before the requisition duration expires.

In case of a state of war or emergency, the land requisition duration shall be counted from the date of issuance of the land requisition decision but must not exceed 30 days from the date of abolition of the state of war or emergency.

5. Persons whose land is requisitioned and owners of assets attached to the requisitioned land shall abide by land requisition decisions. In case a land requisition decision has been executed in accordance with law but the person whose land is requisitioned fails to abide by such decision, the person deciding on land requisition shall issue a land requisition enforcement decision and organize the enforcement or assign the chairperson of the provincial- or district-level People’s Committee of the locality where land is requisitioned to organize the enforcement.

6. Persons competent to requisition land shall assign organizations and individuals to manage and use the requisitioned land for proper purposes and in an efficient manner; return the land upon the expiration of the land requisition duration; and pay compensation for damage caused by the land requisition.

7. Payment of compensation for damage caused by the land requisition must comply with the following provisions:

a/ In case the requisitioned land is destroyed, monetary compensation shall be paid on the basis of the land use rights transfer price on the market at the time of payment;

b/ In case of income loss directly caused by the land requisition, the compensation amount shall be determined on the basis of the actually lost income amount calculated from the date of allocation of the requisitioned land to the date of return of the requisitioned land stated in the decision on return of requisitioned land. The actually lost income amount must be consistent with the income amount generated by the use of the requisitioned land under normal conditions before the land requisition;        

c/ In case of asset damage directly caused by the land requisition, the compensation amount shall be determined on the basis of the asset transfer price on the market at the time of payment;

d/ Chairpersons of provincial- or district-level People’s Committees of localities where land is requisitioned shall establish councils to determine amounts of compensation for damage caused by land requisition on the basis of written declarations of land users and cadastral records. Based on compensation amounts determined by the councils, chairpersons of provincial- or district-level People’s Committees shall decide on compensation amounts;

dd/ Amounts of compensation for damage caused by the land requisition shall be paid by the state budget in lump sum directly to persons whose land is requisitioned and owners of assets attached to the requisitioned land within 30 days from the date of land return.

8. The Government shall detail this Article.

Chapter VII

COMPENSATION, SUPPORT AND RESETTLEMENT UPON LAND RECOVERY BY THE STATE

Section 1

GENERAL PROVISIONS

Article 91. Principles of compensation, support and resettlement upon land recovery by the State

1. Compensation, support and resettlement upon land recovery by the State shall be carried out in a democratic, objective, fair, public, transparent, timely and lawful manner; and for the common good, and sustainable, civilized and modern development of communities and localities; and must pay attention to social policy beneficiaries and subjects directly engaged in agricultural production.

2. Land-related compensation shall be made in the form of allocation of land with the same use purpose as that of recovered land. In case of unavailability of land for compensation, monetary compensation shall be paid according to the specific price of the type of recovered land as decided by the competent People’s Committee at the time of approving the compensation, support and resettlement plan. In case persons whose land is recovered are eligible for compensation in land or houses but wish to receive monetary compensation, they shall be entitled to monetary compensation as registered upon the formulation of the compensation, support and resettlement plan.

Persons whose land is recovered and who wish for compensation in land shall be considered for receiving compensation in land with use purposes different from those of the recovered land or in houses provided such land or houses are available in their localities.

3. Asset owners specified by the civil law who suffer asset damage shall be entitled to compensation for damage; owners of production and business establishments subject to stoppage of their production and business activities due to land recovery by the State shall be considered for support.

4. The State shall provide support to persons whose land is recovered and asset owners in order to help them get employed, earn incomes and stabilize their livelihood and production.

5. Resettlement areas must complete technical and social infrastructure conditions under detailed plans approved by competent agencies; and, at the same time, must ensure conformity with cultural traditions, customs and practices of residential communities of localities where land is recovered. A resettlement area may be arranged for one or more project(s).

6. Provincial- and district-level People’s Committees shall organize the formulation and implementation of resettlement projects in order to facilitate the proactive arrangement of resettlement for persons whose land is recovered. The approval of compensation, support and resettlement plans and arrangement of resettlement shall be completed before land recovery decisions are issued.

7. When the State recovers a land parcel under Articles 78 and 79 of this Law, if the remaining area of the land parcel after the recovery is smaller than the minimum area specified by the provincial-level People’s Committee under Clause 2, Article 220 of this Law and the land user agrees to the land recovery, the competent People’s Committee shall decide on land recovery and carry out the compensation and support and manage such land area in accordance with law.

Funds for compensation and support in the case of land recovery specified in this Clause shall be included in investment projects’ funds for compensation, support and resettlement.

Article 92. Compensation, support and resettlement in special cases

1. For an investment project subject to investment policy decision or approval by the National Assembly or Prime Minister and subject to land recovery, leading to relocation of the whole local community and affecting the life, economy, society and cultural traditions of the community, which requires specific policies on compensation, support and resettlement, the provincial-level People’s Council shall decide on compensation, support and resettlement policies suitable to practical local conditions.

2. In the case of land recovery specified in Clause 3, Article 82 of this Law, persons whose land is recovered shall be entitled to compensation, support and resettlement as in the case of land recovery specified in Articles 78 and 79 of this Law.

3. For organizations that have their land recovered but are not entitled to land-related compensation, or organizations with assets assigned by the State to them for management and use, the following provisions shall apply:

a/ For organizations that are allocated land by the State with land use levy payment or leased land by the State with one-off payment of land rental for the entire lease period, if their paid land use levy or land rental amounts come from the state budget, and for organizations that are allocated land by the State without land use levy payment upon land recovery by the State, they are not entitled to land-related compensation but may receive monetary support in case they are required to be relocated to new establishments as decided by competent state agencies. The maximum support level must not exceed the land-related compensation level;

b/ For people’s armed forces units that are using land subject to land recovery by the State under Article 79 of this Law, they may be relocated to new locations or have their locations exchanged as appropriate;

c/ Upon land recovery by the State, organizations that suffer damage to assets assigned by the State to them for management and use and are required to be relocated to new establishments may use monetary compensation for such assets to make investment in such new establishments under investment projects approved by competent authorities.

4. The Government shall detail this Article.

Article 93. Inclusion of contents on compensation, support and resettlement in independent projects and land recovery, compensation, support and resettlement for investment projects

In case the contents of compensation, support and resettlement are included in an independent project in accordance with the public investment law, the land recovery, compensation, support and resettlement must comply with this Law.

Article 94. Funds for, and payment of amounts of, compensation, support and resettlement

1. Funds for compensation, support and resettlement shall be allocated by the State. Funds for compensation, support and resettlement include: money amount paid for compensation, support and resettlement upon land recovery by the State; expenses for the organization of compensation, support and resettlement, and other expenses.

2. In case the State allocates land with land use levy or leases land in accordance with the land law, if project implementers voluntarily advance amounts for compensation, support and resettlement under compensation, support and resettlement plans approved by competent agencies, such advanced amounts shall be refunded by the state budget in the form of deduction of payable land use levy or land rental amounts. Deductible amounts must not exceed payable land use levy or land rental amounts; and the remaining amounts (if any) shall be accounted as project investment costs.

In case the State allocates land without land use levy, allocates land with land use levy or leases land in accordance with the land law, if project implementers that are entitled to land use levy or land rental exemption for the entire land use period voluntarily advance amounts for compensation, support and resettlement under compensation, support and resettlement plans approved by competent agencies, funds for compensation, support and resettlement shall be accounted as project investment costs.

3. The making of payments for compensation, support and resettlement shall be carried out as follows:

a/ Within 30 days after a decision approving the compensation, support and resettlement plan takes effect, the agency, unit or organization in charge of compensation shall pay compensation and support amounts to persons whose land is recovered and asset owners;

b/ In case the agency, unit or organization in charge of compensation delays the payment of compensation and support amounts to persons whose land is recovered and asset owners, these persons shall, in addition to compensation and support amounts under the compensation, support and resettlement plan approved by a competent authority, may also be entitled to an additional payment equal to the late-payment amount specified in the Law on Tax Administration, which shall be calculated on the late-payment amount and the late payment period.

Agencies competent to approve compensation, support and resettlement plans shall approve plans on late payment of compensation to persons whose land is recovered and asset owners. Funds for late payment of compensation shall be allocated from budgets of authorities approving compensation, support and resettlement plans.

4. In case persons whose land is recovered and asset owners refuse to receive compensation and support amounts under compensation, support and resettlement plans approved by competent authorities, or in case the to-be-recovered land and assets are disputed, compensation and support amounts shall be deposited into deposit accounts with demand interest rates that are opened by units and organizations performing compensation, support and resettlement tasks at commercial banks in which the State holds dominant shares. Interests on compensation and support amounts shall be paid to land use rights holders and asset owners entitled to compensation and support.

5. In case compensation, support and resettlement plans are required to be modified or supplemented with modified contents on land and asset prices, then land and asset prices to be used for compensation calculation shall be determined at the time of issuance of decisions on modification of compensation, support and resettlement plans. At the time of issuance of a decision on modification of the compensation, support and resettlement plan, if land and asset prices are lower than those stated in the approved compensation, support and resettlement plan, the latter shall be applied. Modified and supplemented contents other than those on land and asset prices shall be applied in accordance with the land law at the time of approval of the compensation, support and resettlement plan.

6. Land users that are entitled to compensation upon land recovery by the State but have yet to fulfil their land-related financial obligations toward the State in accordance with law shall have the owed money amounts cleared against compensation amounts for refund to the state budget.

7. The Government shall detail this Article.

Section 2

LAND-RELATED COMPENSATION

Article 95. Conditions for being entitled to land-related compensation when the State recovers land for national defense and security purposes; or for socio-economic development for national and public interests

1. Subjects entitled to land-related compensation when the State recovers land for national defense and security purposes; or for socio-economic development for national and public interests include:

a/ Households and individuals currently using land other than land leased with annual land rental payment;

b/ Residential communities currently using land under such works as pagodas, communal houses, temples, shrines, ancestral worshipping houses or other religious works; or agricultural land as specified in Clause 4, Article 178 of this Law and such land is not disputed and certified by commune-level People’s Committees of localities where the land is located as land for common use for the communities;

c/ People of Vietnamese origin residing abroad as specified in Clause 1, Article 44 of this Law;

d/ Religious organizations and dependent religious organizations licensed by the State and currently using land other than land allocated or leased by the State or other than land acquired or donated from July 1, 2004, onward;

dd/ People of Vietnamese origin residing abroad who are allocated land by the State with land use levy payment or leased land by the State with one-off payment of land rental payment for the entire lease period; or who acquire land use rights in industrial parks, cottage industry zones, hi-tech parks and economic zones;

e/ Organizations allocated land by the State with land use levy payment or leased land by the State with one-off payment of land rental for the entire lease period; or inherit or acquire land use rights or receive land use rights as capital contributions;

g/ Foreign organizations with diplomatic functions and leased land by the State with one-off payment of land rental for the entire lease period;

h/ Economic organizations, people of Vietnamese origin residing abroad, and foreign-invested economic organizations allocated land by the State with land use levy payment for implementation of investment projects on construction of houses for sale or for combined sale and lease; or leased land by the State with one-off payment of land rental for the entire lease period.

2. A subject specified in Clause 1 of this Article is entitled to land-related compensation when satisfying one of the following conditions:

a/ Possessing a certificate of land use rights or certificate of ownership of houses and residential land use rights or certificate of land use rights and ownership of houses and other land-attached assets or certificate of land use rights and ownership of land-attached assets;

b/ Having a land allocation decision or land lease decision or decision permitting land repurposing issued by a competent state agency;

c/ Having one of land use rights papers for use as a basis for issuance of a certificate of land use rights and ownership of land-attached assets as specified in Article 137 of this Law;

d/ Having acquired land use rights in accordance with law from a person having lawful land use rights but having not yet completed land registration procedures;

dd/ Being entitled to use land as agreed upon in a mortgage contract to settle debts or a document on recognition of results of the auction of land use rights, provided that the auction winner has fulfilled its/his/her financial obligations in accordance with law.

3. The Government shall specify other subjects entitled to land-related compensation and conditions for receiving land-related compensation.

Article 96. Land-related compensation upon the State’s recovery of agricultural land of households and individuals

1. For households and individuals that are using agricultural land subject to recovery by the State, if fully satisfying the conditions for receiving compensation specified in Article 95 of this Law, they are entitled to compensation in agricultural land or monetary compensation or in land with use purposes different from those of the recovered land or in houses.

2. For households and individuals that are using agricultural land subject to recovery by the State, the compensation in agricultural land is provided as follows:

a/ Agricultural land areas entitled to compensation include the area within the quota specified in Articles 176 and 177 of this Law and the area of land acquired through inheritance;

b/ For agricultural land areas acquired through the transfer of land use rights in excess of the law-specified quotas before July 1, 2014, the compensation and support must comply with the Government’s regulations.

3. For agricultural land areas used before July 1, 2004, of which users are households or individuals directly engaged in agricultural production but are ineligible for being granted certificates of land use rights and ownership of land-attached assets in accordance with this Law, the compensation must comply with the Government’s regulations.

Article 97. Land-related compensation upon the State’s recovery of agricultural land of economic organizations, residential communities, religious organizations and dependent religious organizations

1. For economic organizations that are using agricultural land allocated by the State with land use levy payment or leased by the State with one-off payment of land rental for the entire lease period or acquire land use rights, if satisfying the conditions for receiving compensation specified in Article 95 of this Law upon land recovery by the State, they are entitled to land-related compensation.

2. For residential communities, religious organizations and dependent religious organizations that are using agricultural land, if fully satisfying the conditions for receiving compensation specified in Article 95 of this Law upon land recovery by the State, they are entitled to land-related compensation.

Article 98. Land-related compensation upon the State’s recovery of residential land

1. For households, individuals, people of Vietnamese origin residing abroad and economic organizations that are using residential land or owning houses associated with land use rights in Vietnam, if fully satisfying the condition for receiving compensation specified in Article 95 of this Law upon land recovery by the State, they are entitled to compensation in residential land or houses or monetary compensation or in land with use purposes different from those of the recovered land.

2. For economic organizations, people of Vietnamese origin residing abroad and foreign-invested economic organizations that are using land to implement housing investment projects, if fully satisfying the conditions for receiving compensation specified in Article 95 of this Law upon land recovery by the State, they are entitled to monetary compensation or compensation in land.

3. The Government shall detail this Article.

Article 99. Land-related compensation upon the State’s recovery of non-agricultural land other than residential land of households or individuals

1. For households and individuals that are using non-agricultural land other than residential land, if fully satisfying the conditions for receiving compensation specified in Article 95 of this Law upon land recovery by the State, they are entitled to compensation in land with the same use purpose as that of the recovered land or in monetary compensation for the remaining land use period, for land for definite-term use, or in land with the use purpose different from that of the recovered land or in houses.

2. For households and individuals that are using non-agricultural land other than residential land leased by the State with one-off payment payment of land rental for the entire lease period and are entitled to land rental exemption, if fully satisfying the conditions for receiving compensation specified in Article 95 of this Law upon land recovery by the State, they are entitled to land-related compensation.

3. The Government shall detail this Article.

Article 100. Land-related compensation upon the State’s recovery of non-agricultural land other than residential land of economic organizations, public non-business units, residential communities, religious organizations, dependent religious organizations, people of Vietnamese origin residing abroad, foreign organizations with diplomatic functions and foreign-invested economic organizations

1. For economic organizations and people of Vietnamese origin residing abroad that are using non-agricultural land other than residential land or cemetery land, if fully satisfying the conditions for receiving compensation specified in Article 95 of this Law upon land recovery by the State, they are entitled to compensation in land with the same use purpose. In case of unavailability of land for compensation, monetary compensation shall be paid.

2. For economic organizations that are using land allocated by the State for implementation of investment projects on construction of cemetery infrastructure or columbaria as specified in Clause 2, Article 119 of this Law, and economic organizations specified in Article 42 of this Law that are using non-agricultural land other than residential land from receipt of land use rights as capital contributions, if fully satisfying the conditions for receiving compensation specified in Article 95 of this Law upon land recovery by the State, they are entitled to land-related compensation.

3. For economic organizations, public non-business units, people of Vietnamese origin residing abroad, foreign organizations with diplomatic functions and foreign-invested economic organizations that are using non-agricultural land leased by the State with one-off payment of land rental for the entire lease period, if fully satisfying the conditions for receiving compensation specified in Article 95 of this Law upon land recovery by the State, they are entitled to land-related compensation.

4. For residential communities, religious organizations and dependent religious organizations that are using non-agricultural land, if fully satisfying the conditions for receiving compensation specified in Article 95 of this Law upon land recovery by the State, they are entitled to land-related compensation.

5. The Government shall detail this Article.

Article 101. Cases not entitled to land-related compensation upon land recovery by the State

1. The cases specified in Clause 1, Article 107 of this Law.

2. Land managed by the State’s agencies and organizations as specified in Article 217 of this Law.

3. Land recovered in the cases specified in Article 81, and Clauses 1 and 2, Article 82, of this Law.

4. Cases ineligible for grant of certificates of land use rights and ownership of land-attached assets in accordance with this Law, except the case specified in Clause 3, Article 96 of this Law.

Section 3

COMPENSATION FOR ASSET DAMAGE AND LAND INVESTMENT COSTS

Article 102. Compensation for damage to buildings, houses and land-attached construction works upon land recovery by the State

1. For houses and land-attached works serving daily-life activities of households, individuals, and people of Vietnamese origin residing abroad that are subject to dismantlement or demolition upon land recovery by State, the owners of such houses or works will be entitled to compensation equaling costs for construction of new houses or works of equivalent technical standards in accordance with relevant laws.

Owners of to-be-dismantled or -demolished houses and works may use materials recovered from these houses and works.

2. Compensation for buildings and land-attached constructions works other than those specified in Clause 1 of this Article that are subject to partial or whole dismantlement or demolition upon land recovery by the State is provided as follow:

a/ For a house or construction work that is wholly or partly dismantled or demolished, if the remaining part does not meet technical standards as prescribed by law, the compensation shall equal costs for construction of a new house or construction work of equivalent technical standards in accordance with the construction law;

b/ For a house or another construction work that is dismantled or demolished in cases other than that specified at Point a of this Clause, compensation shall be paid according to actual damage.

3. For land-attached technical and social infrastructure works currently in use other than those specified in Clauses 1 and 2 of this Article, the compensation shall equal costs for construction of new infrastructure works of equivalent technical standards in accordance with specialized laws.

4. Provincial-level People’s Committees shall issue the unit price of compensation for actual damage to buildings, houses and construction works specified in this Article for use as a basis for calculating compensation upon land recovery; the unit price of compensation for damage specified in this Article must be conformable with the market price and shall be considered for adjustment in case of fluctuations so as to serve as a basis for calculation of compensation upon land recovery.

5. The Government shall detail this Article.

Article 103. Compensation for crops and livestock

In case the land recovery by the State causes damage to crops and livestock, compensation shall be paid according to the following regulations:

1. Compensation for annual crops shall be calculated based on the output value of the harvest of such crops. The output value of the harvest of a crop shall be calculated according to the highest yield of that crop in the 3 preceding years in the same locality and the unit price of compensation;

2. Compensation for perennial crops shall be calculated according to actual damage value.

Compensation for multiple-harvest perennial crops that are in the harvest period shall be calculated by the output of the unharvested crop corresponding to the number of the remaining years in the harvest cycle and the unit price of compensation;

3. Unharvested crops that can be moved to another location will be entitled to compensation for relocation expenses and actual damage due to relocation and replanting.

Compensation for forest trees planted with state budget funds, and natural forest trees assigned to organizations, households and individuals for planting, management, tending and protection shall be calculated based on actual damage; compensation money shall be distributed to those who manage, tend and protect forests in accordance with the forestry law;

4. In case land recovery by the State causes damage to livestock being aquatic animals or livestock of other types that cannot be moved, compensation shall be calculated based on actual damage according to the specific compensation level provided by provincial-level People’s Committees;

5. Owners of crops and livestock specified in Clauses 1, 2, 3 and 4 of this Article may themselves recover their crops and livestock before handing over land to the State;

6. Provincial-level People’s Committees shall issue the unit price for compensation for damage to crops and livestock according to production processes promulgated  by the Ministry of Agriculture and Rural Development or by local authorities in accordance with law; the unit price of compensation for damage to crops and livestock specified in this Article must be conformable with the market price and shall be considered for adjustment in case of fluctuations so as to serve as a basis for calculation of compensation upon land recovery.

Article 104. Compensation for expenses for movement of assets upon land recovery by the State

1. Those who are required to move their assets upon land recovery by the State will be entitled to compensation from the State to cover expenses for dismantlement, movement and installation; in case the to-be-moved assets are machinery or production lines, compensation will also be paid for damage during dismantlement, transportation and installation.

2. Provincial-level People’s Committees shall provide the levels of compensation specified in Clause 1 of this Article.

Article 105. Cases not entitled to compensation for land-attached assets upon land recovery by the State

1. Land-attached assets in one of the cases of land recovery specified in Clauses 1, 2, 4, 5 and 8, Article 81; and at Points b and c, Clause 1, Article 82, of this Law.

2. Land-attached assets that are created in contravention of law or created during the validity period of land recovery notices issued by competent state agencies in accordance with this Law.

3. Land-attached assets that are construction works’ items constructed under definite-term construction permits in accordance with the construction law and, by the time of land recovery, such construction permits have expired.

Owners of the assets specified in this Clause shall be entitled to support for dismastment, demolition and relocation.

4. Technical and social infrastructure works and other construction works which, before the time of issuance of land recovery decisions by competent authorities, had been no longer used by their owners.

Article 106. Compensation for damage to land belonging to safety corridors of works, protection areas and safety belts when building works or setting up areas with safety corridors

When building a work or setting up an area with a safety corridor without recovering land belonging to the safety corridor of such work or protection area or safety belt of such area, land users will be entitled to compensation for damage due to limited use of land and for damage to land-attached assets according to the Government’s regulations.

Article 107. Compensation for remaining land investment costs upon land recovery by the State for national defense and security purposes or socio-economic development for national and public interests

1. Cases not entitled to compensation for land but entitled to compensation for remaining land investment costs upon land recovery by the State include:

a/ Land allocated by the State without collection of land use levy, except agricultural land of households and individuals entitled to compensation for land specified in Article 96 of this Law;

b/ Land allocated by the State to organizations with collection of land use levy, which, however, is exempted;

c/ Land leased by the State with annual payment of land rental; land leased with one-off payment of land rental for the entire lease period but the land rental is exempted, except the cases specified in Clause 2, Article 99 of this Law;

d/ Land belonging to the agricultural land fund for use for community interests leased by commune-level People’s Committees;

dd/ Land contracted for agricultural production, forestry, aquaculture or salt making;

e/ Agricultural land areas allocated in excess of the quotas specified in Article 176 of this Law.

2. Remaining land investment costs include the whole or part of the following costs:

a/ Ground leveling cost;

b/ Cost for improvement to increase soil fertility, remove salinity, prevent erosion and water intrusion, for land used for agricultural production;

c/ Cost of reinforcing the bearing capacity against vibration and land subsidence, for land used as production and business premises;

d/ Funds for compensation, support and resettlement which have been advanced under compensation, support and resettlement plans approved by competent agencies but have not been fully deducted from payable land use levy or land rental amounts;

dd/ Other related costs already invested in land in conformity with land use purposes.

3. The Government shall detail this Article

Section 4

SUPPORT

Article 108. Support upon land recovery by the State

1. Support upon land recovery by the State includes:

a/ Support for life stabilization;

b/ Support for stabilization of production and business;

c/ Support for relocation of livestock;

d/ Support for training, career change and job search;

dd/ Resettlement support, for the cases specified in Clause 8, Article 111 of this Law;

e/ Support for dismantlement, demolition and relocation according to Clause 3, Article 105 of this Law.

2. In addition to the support specified in Clause 1 of this Article, based on the actual situation in their localities, provincial-level People’s Committees shall decide on other measures and levels of support to ensure accommodation and stabilize life and production for persons subject to land recovery and affected asset owners for each specific project.

3. The Government shall detail this Article.

Article 109. Support for training, career change and job search for households and individuals upon land recovery by the State

1. Monetary support not exceeding 5 times the price of agricultural land of the same type specified in the locality’s land price list for the entire to-be-recovered agricultural land area, which, however, must not exceed the local agricultural land allocation quota as specified in Article 176 of this Law, for the following subjects:

a/ Households and individuals directly engaged in agricultural production that are using agricultural land allocated by the State or acquired by transfer, inheritance or donation, or have their land use rights recognized, and have received monetary compensation upon land recovery by the State due to unavailability of land for compensation;

b/ Individuals who are social protection policy beneficiaries or subjects entitled to monthly social allowances in accordance with law, invalids, diseased soldiers, and families of martyrs who have received monetary compensation upon recovery of agricultural land by the State due to unavailability of land for compensation;

c/ Households and individuals that are using land contracted for use for agricultural production, forestry or aquaculture by state-owned agricultural or forestry farms or agricultural and forestry companies transformed from state-owned agricultural and forestry farms, are being directly engaged in agricultural production, and have a stable source of income from agricultural production on that land, except individuals who are cadres and employees of such farms or companies, who have retired or stopped working due to loss of work capacity or quit their jobs and are entitled to allowances;

d/ Households and individuals that are using land contracted by agricultural production corporations or agricultural cooperatives, are being directly engaged in agricultural production, and have a stable source of income from agricultural production on that land.

2. Persons entitled to the support under Clause 1 of this Article will also be entitled to support in the form of training, career change and job search according to Clause 4 of this Article.

3. For households and individuals that use residential land for combined residential-and-commercial purposes and have a stable source of income from service and business activities, if having to be relocated upon land recovery by the State, they will be entitled to borrow concessional loans for production and business development and the support specified in Clause 4 of this Article.

4. The provision of support in the form of training, career change and job search for persons whose recovered land is agricultural land or residential land used for combined residential-and-commercial purposes is as follows:

a/ The Ministry of Labor, Invalids and Social Affairs shall assume the prime responsibility for, and coordinate with related ministries and sectors in, submitting to the Prime Minister for decision mechanisms and policies on employment and vocational training for persons subject to land recovery specified in Clauses 2 and 3 of this Article;

b/ Provincial-level People’s Committees shall, based on the mechanisms and policies on employment and vocational training decided by the Prime Minister and actual conditions in their localities, determine the specific level of support appropriate to each subject entitled to support specified in Clauses 2 and 3 of this Article; and direct district-level People’s Committees to implement Point c of this Clause;

c/ Based on district-level annual land-use plans, district-level People’s Committees shall formulate, and organize the implementation of, plans on training, career change and job search in their localities. Plans on training, career change and job search shall be formulated and approved simultaneously with compensation, support and resettlement plans.

During the process of formulating plans on training, career change and job search, district-level People’s Committees shall seek and assimilate opinions of, and give explanations about issues raised by, persons subject to land recovery.

5. The specific support levels in Clause 1 of this Article shall be determined by provincial-level People’s Committees based on actual local conditions.

6. The Government shall detail this Article.

Section 5

RESETTLEMENT

Article 110. Formulation and implementation of resettlement projects, resettlement areas

1. Provincial- and district-level People’s Committees shall organize the formulation and implementation of resettlement projects in accordance with law.

2. Resettlement areas must meet the following conditions:

a/ Their technical infrastructure facilities must at least meet new-countryside standards, for rural areas, or urban standards, for urban areas, in which roads must be connected to vicinities; lighting and domestic electricity; water supply and drainage systems; communications infrastructure; and environmental treatment facilities;

b/ Their social infrastructure facilities must ensure access to health, education, cultural and sport services; marketplaces; trade, service, entertainment and recreation facilities; and cemeteries;

c/ Being suitable to conditions, customs and practices of each region and area.

3. The resettlement location shall be selected in the following order of priority:

a/ In the geographical area of the commune-level administrative unit of the locality where exists the to-be-recovered land;

b/ In the geographical area of the district-level administrative unit of the locality where exists the to-be-recovered land, in case of unavailability of land for arrangement of resettlement in the geographical area of the commune-level administrative unit of the locality where exists the to-be-recovered land;

c/ In another geographical area with equivalent conditions, in case of unavailability of land for arrangement of resettlement in the geographical area of the district-level administrative unit of the locality where exists the to-be-recovered land;

d/ Land areas in favorable locations will be prioritized when selecting land to build resettlement areas.

4. After land in resettlement areas is allocated to eligible subjects, the remaining land shall be allocated with priority given to individuals entitled to allocation of residential land without auction of land use rights in accordance with this Law; then the remaining land, if any, shall be allocated to individuals entitled to allocation of residential land through auction of land use rights in accordance with this Law.

Article 111. Arrangement of resettlement

1. Units and organizations performing compensation, support and resettlement work that are vested with the responsibility to arrange resettlement by provincial- or district-level People’s Committees shall send to persons subject to recovery of residential land and house owners subject to relocation a notice of resettlement arrangement plans and publicly post such notice for at least 15 days at the working offices of commune-level People’s Committees and community houses of residential quarters of the places where exist the to-be-recovered land and at resettlement areas where persons have been living before competent agencies approve resettlement arrangement plans.

The notice must state the location and size of the land or housing areas for resettlement; design and area of ​​each land lot or apartment; land price, resettlement house price; and plan on arrangement of resettlement for persons subject to land recovery.

2. Resettlement arrangement plans approved by competent agencies must be publicly posted at the working offices of commune-level People’s Committees and community houses in residential quarters of the places where exist the to-be-recovered land and at resettlement areas.

3. The land price used to calculate land use levy at resettlement areas for persons entitled to compensation for residential land and persons allocated residential land for resettlement in case they are ineligible for compensation for residential land is the land price determined according to the land price list at the time of approval of the compensation, support and resettlement plan. In case of unavailability of land prices in the land price list, it is required to supplement the land price list for use as a basis for calculating land use levy for persons entitled to resettlement arrangement. Persons who are entitled to resettlement arrangement may owe land-related financial obligations if they meet the conditions prescribed by the Government.

The selling price of resettlement houses in geographical areas of district-level administrative units shall be decided by district-level People’s Committees. In case of arranging resettlement houses in geographical areas of other district-level administrative units, the selling price of resettlement houses shall be decided by provincial-level People’s Committees.

4. For households and individuals having residential land, people of Vietnamese origin residing abroad and economic organizations using residential land and holding ownership of houses associated with land use rights in Vietnam, upon land recovery by the State, if fully meeting the conditions for receiving residential land as compensation specified in Article 95 of this Law, they will be entitled to compensation in the form of allocation of residential land or houses in resettlement areas or other appropriate locations.

In case there are multiple generations in a household or more than one couple living together on a residential land parcel subject to recovery, if they are qualified to be separated into separate households in accordance with the law on residence or in case there are more than one household co-holding the right to use one residential land parcel subject to recovery but the ​​residential land area as compensation is not large enough to be allocated separately to each household, the households having not yet received land as compensation will be considered to be provided with support in the form of allocation of residential land with collection of land use levy or sale, lease or lease-purchase of houses.

5. For households and individuals that are required to be relocated upon the State’s recovery of land attached with houses but are ineligible for compensation for residential land, if they do not have any other accommodations in the communes or townships, for  rural areas, or towns or provincial cities, or urban districts, towns or municipal cities, where exists the land subject to recovery, they will be entitled to allocation of residential land with collection of land use levy from the State or sale, lease or lease-purchase of houses.

6. For households and individuals subject to recovery of agricultural land or non-agricultural land other than residential land, if they fully meet the conditions for compensation for land specified in Article 95 of this Law and wish to receive residential land or houses as compensation, they will be entitled to compensation in the form of allocation of residential land or resettlement houses, provided that localities have sufficient residential land or housing.

7. Persons whose residential land is recovered for implementation of investment projects on construction of urban centers will be entitled to receive residential land and houses in those urban centers as compensation; pending resettlement arrangement, they will be placed in temporary accommodations or provided with house rental support; the specific duration and level of support shall be determined by provincial-level People’s Committees in conformity with local realities. In case of recovery of residential land for other purposes, if resettlement land or housing is available in the areas where exists the to-be-recovered land, these persons will be entitled to allocation of residential land or houses in such areas as compensation. To prioritize the allocation of land in convenient locations to households and individuals using residential land for combined residential-and-commercial purposes and people with meritorious contributions to the revolution. To adopt mechanisms on bonus for people subject to land recovery who hand over grounds ahead of schedule according to regulations of provincial-level People’s Committees.

8. In case persons whose residential land is recovered have to be relocated and are entitled to allocation of residential land or resettlement houses as compensation but the monetary compensation for residential land is smaller than the value of the minimum resettlement compensation level, the State will provide them with a monetary support so that they will receive the minimum resettlement compensation level. 

9. In case of implementing investment projects on condominium renovation and reconstruction, apartment owners will be entitled to compensation, support and resettlement on accordance with the housing law.

10. Provincial-level People’s Committees shall, based on the availability of land and housing for resettlement and the actual situation in their localities, specify the minimum resettlement compensation level mentioned in Clause 8 of this Article; and decide on provision of support in the form of allocation of residential land with collection of land use levy or sale, lease or lease-purchase of houses to households not yet allocated residential land as compensation according to Clause 4 of this Article.

11. In case persons who are using state-owned houses located in to-be-recovered land areas have to demolish such houses, they will be entitled to support according to the Government’s regulations.

12. The Government shall detail this Article.

Chapter VIII

DEVELOPMENT, MANAGEMENT AND EXPLOITATION OF THE LAND FUND

Article 112. Principles of development, management and exploitation of the land fund

The development, management and exploitation of the land fund must comply with land-use master plans and land use plans, ensuring that land is used for proper purposes in a public, transparent, reasonable and effective manner in accordance with law; ensure satisfaction of requirements for socio-economic development, provision of support for resettlement, social security, and arrangement of residential land and production land for ethnic minority people serving the implementation of policies in accordance with this Law.

Article 113. Land developed, managed and exploited by land fund development organizations

1. Provincial-level People’s Committees shall assign land fund development organizations to manage and exploit:

a/ Land specified in Clause 5, Article 86 of this Law;

b/ Land recovered in the cases specified in Clause 26 and Clause 27, Article 79 of this Law for auction of land use rights;

c/ Urban land recovered under Article 81, Points a, b, c and d, Clause 1, and Clause 2, Article 82, of this Law;

d/ Land assigned to localities for management, handling or recovery due to rearrangement and handling of houses and land in accordance with the law on management and use of public assets, except cases in which such houses and land are handled in the form of assignment or arrangement for use for purposes set by the State in accordance with the law on management and use of public assets;

dd/ Land originating from equitization of state enterprises that is leased by the State with annual payment of land rental and recovered by the State for allocation to competent authorities for management;

e/ Land for mineral activities that is returned under land lease contracts;

g/ Land formed from state budget-funded sea reclamation activities; and,

h/ Land recovered in the cases specified in Clause 29, Article 79 of this Law.

2. Competent People’s Committees shall direct land fund development organizations to perform the tasks specified in Article 115 of this Law, for the land areas developed, managed and exploited by land fund development organizations. Commune-level People’s Committees of localities where exist these land areas shall coordinate with land fund development organizations in managing and protecting land, and preventing land encroachment and appropriation.

3. The Government shall detail this Article.

Article 114. Land development funds

1. Local land development funds are off-budget state financial funds established by provincial-level People’s Committees to advance capital for performance of tasks falling within the functions of land fund development organizations and implementation of land-related support policies for ethnic minority people and performance of other tasks in accordance with law.

2. It is the responsibility of land development funds to preserve and develop their capital and operate for non-profit purposes. Finances of land development funds include funds allocated from the state budget and funds mobilized from other sources in accordance with law. Capital amounts advanced for performance of the tasks specified in Clause 1 of this Article shall be refunded to land development funds in accordance with law.

3. Provincial-level People’s Committees shall propose the same-level People’s Councils to decide on local budget allocation for grant of charter capital and refund of advanced amounts to land development funds with regard to tasks covered by local budgets.

4. The Government shall detail this Article.

Article 115. Land fund development organizations

1. Land fund development organizations shall be established to create, develop, manage and exploit land in localities.

2. Land fund development organizations’ finances include funds allocated from the state budget and capital advanced from land development funds.

3. The Government shall provide the establishment, functions, tasks, organizational structure, management mechanism, operation, and financial mechanism of land fund development organizations.

Chapter IX

LAND ALLOCATION, LAND LEASE AND LAND REPURPOSING

Article 116. Grounds for land allocation, land lease and grant of permission for land repurposing

1. The ground for land allocation or land lease through auction of land use rights is the document approving land use rights auction results issued by a competent state agency.

2. The ground for land allocation or land lease through bidding to select investors to implement land-using projects is the document approving investor selection results, for projects subject to bidding to select investors to implement land-using projects in accordance with the bidding law.

3. The grounds for land allocation or land lease without auction of land use rights or without bidding to select investors to implement land-using projects; and for grant of permission for land repurposing, except the case specified in Clause 5 of this Article, are as follows:

a/ For projects on the list specified at Point b, Clause 3, Article 67 of this Law:  district-level annual land-use plans approved by competent agencies and investment decisions as prescribed by the law on public investment or investment policy approval-cum-investor approval decisions or investor approval decisions as prescribed by the investment law or housing law or documents on approval of investor selection results for investment projects implemented by the mode of public-private partnership.

b/ For the projects specified in Clause 4, Article 67 of this Law: investment decisions as prescribed by the law on public investment or investment policy approval-cum-investor approval decisions or investor approval decisions as prescribed by the investment law or housing law or documents on approval of investor selection results for investment projects implemented by the mode of public-private partnership.

4. In case the implementation progress of projects is divided into different phases under investment policy decisions or approval documents or land recovery, compensation, support and resettlement work is carried out according to schedule, state agencies competent to allocate or lease land shall decide on land allocation or land lease according to the progress of investment projects or land recovery, compensation, support and resettlement work.

5. The grounds for grant of permission for repurposing of agricultural land in residential quarters and agricultural land lying in the same parcels with residential land to residential land or repurposing of non-agricultural land other than residential land to residential land for households and individuals are district-level land-use master plans or general master plans or zoning master plans approved by competent agencies in accordance with the law on urban planning.

6. The grounds for land allocation, land lease or grant of permission for land purposing in cases not subject to investment policy approval or investor approval according to the investment law must comply with the Government’s regulations.

7. The Government shall provide in detail land allocation, land lease and land repurposing.

Article 117. Allocation and lease of land currently used by a person to another

The allocation or lease of land that is currently managed or used by a person to another may only be decided after competent state agencies decide to recover land and compensation, support and resettlement work is completed in accordance with law, except cases of transfer of real estate projects under the law on real estate business.

Article 118. Land allocation without collection of land use levy

1. Individuals directly engaged in agricultural production who are allocated agricultural land within the quotas specified in Article 176 of this Law.

2. Land for construction of working offices of agencies of the Communist Party of Vietnam, state agencies, Vietnam Fatherland Front, socio-political organizations; socio-political-professional organizations, socio-professional organizations, social organizations, and other organizations established in accordance with law and having their tasks assigned and their recurrent expenditures partly covered by the State; land for national defense and security purposes; land for non-commercial public purposes; land for cemeteries, funeral homes and cremation facilities, and land for columbaria not falling into the cases specified in Clause 2, Article 119 of this Law; and land for belief activities as compensation upon the State’s recovery of land for belief activities.

3. Users of special-use forest land, protection forest land and production forest land.

4. Public non-business units using land for construction of non-business facilities.

5. Residential communities using agricultural land; religious organizations and dependent religious organizations using land specified in Clause 2, Article 213 of this Law.

6. Agencies and organizations using land to implement investment projects on construction of official residences under the housing law.

7. Ethnic minority people who are not individuals directly involved in agricultural production but entitled to land allocation without collection of land use levy under the policy specified in Article 16 of this Law.

8. Organizations using land for construction of houses for resettlement under projects of the State.

9. The allocation of land specified in this Article must comply with Article 124 of this Law.

Article 119. Subjects of land allocation with collection of land use levy

1. Individuals that are allocated residential land.

2. Economic organizations that are allocated land to implement investment projects on construction of commercial houses, social houses, and houses for the people’s armed forces; investment projects on condominium renovation and construction in accordance with the housing law; investment projects on construction of cemetery infrastructure for transfer of land use rights associated with infrastructure facilities; or investment projects on construction of columbaria.

3. People of Vietnamese origin residing abroad and foreign-invested economic organizations that are allocated land to implement commercial housing investment projects in accordance with the housing law; or use land acquired by transfer of real estate projects in accordance with the law on real estate business in case of land allocation by the State with collection of land use levy.

4. Households, individuals, people of Vietnamese origin residing abroad, economic organizations, and foreign-invested economic organizations that are allocated land as compensation upon land recovery by the State in accordance with this Law.

5. The land allocation specified in this Article must comply with Articles 124, 125 and 126 of this Law.

Article 120. Land lease

1. The State shall lease land with one-off payment of land rental for the entire lease period or collection of annual land rental in the cases other than those specified in Articles 118 and 119 of this Law.

2. The State shall lease land with one-off payment of land rental for the entire lease period in the following cases:

a/ The lessees use land to implement investment projects in agricultural production, forestry, aquaculture, and salt making;

b/ The lessees use land under industrial parks, cottage industry zones, hi-tech parks, and lodging houses for industrial park workers; use land for public interests for business purposes; or use commercial and service land for tourism and working space business;

c/ The lessees use land to build social houses for lease in accordance with the housing law.

3. The State shall lease land with collection of annual land rental in the following cases:

a/ Cases other than those specified in Clause 2 of this Article;

b/ Cases specified in Clause 2 of this Article, if land users wish to pay land rental on an annual basis;

c/ Cases in which public non-business units choose the form of land lease specified in Clause 3, Article 30 of this Law.

4. The land lease specified in this Article must comply with Articles 124, 125 and 126 of this Law.

Article 121. Land repurposing

1. Cases of land repurposing subject to permission by competent state agencies:

a/ Repurposing paddy land, special-use forest land, protection forest land, and production forest land to agricultural land of other types;

b/ Repurposing agricultural land to non-agricultural land;

c/ Repurposing land of other types to land for concentrated livestock production when implementing large-scale livestock production projects;

d/ Repurposing non-agricultural land allocated by the State without collection of land use levy to other types of non-agricultural land that is to be allocated by the State with collection of land use levy or leased;

dd/ Repurposing non-agricultural land other than residential land to residential land;

e/ Repurposing land for construction of non-business works or land used for public interests with business purposes to non-agricultural production and business land;

g/ Repurposing land for non-agricultural production and business activities other than land for trade or service activities to land for trade and service activities.

2. When repurposing land under Clause 1 of this Article, land users shall fulfill financial obligations in accordance with law; land use regime, and rights and obligations of land users shall apply based on the type of land after repurposing.

3. The land repurposing in cases other than those specified in Clause 1 of this Article does not require permission from competent state agencies.

For those using land originating from residential land or non-agricultural land with long-term use duration in accordance with law that has been repurposed to land of other types, if they wish to repurpose such land back to residential land and such repurposing conforms with land-use mater plans, they will not have to pay land use levy.

4. The land repurposing specified in this Article must comply with Article 124 of this Law.

Article 122. Conditions for land allocation, land lease and grant of permission for land repurposing

1. Competent state agencies may only decide to allocate, lease or permit the repurposing of paddy land, special-use forest land, protection forest land and production forest land after provincial-level People’s Councils issue resolutions thereon and the grounds specified in Article 116 of this Law are available, except cases of using land to implement projects subject to investment policy approval or decision by the National Assembly or Prime Minister as prescribed by the Law on Investment, Law on Public Investment, Law on Investment in the Form of Public-Private Partnership, or Law on Oil and Gas; or by provincial-level People’s Councils as prescribed in the Law on Public Investment or the Law on Investment in the Form of Public-Private Partnership.

The repurposing of paddy land, special-use forest land, protection forest land or production forest land must comply with the criteria and conditions prescribed by the Government.

2. Persons who are allocated land, leased land, or granted permission for land repurposing to implement investment projects must meet the following conditions:

a/ Having made a deposit or making other forms of security as prescribed by the law on investment;

b/ Having financial capacity to ensure land use’s conformity with the project implementation progress and meeting other conditions as prescribed by law;

c/ Not violating the land law or having violated the land law but having completely served the legally effective decisions or rulings of competent agencies at the time of application for land allocation, land lease, or permission for land repurposing. The identification of land users violating the land law shall apply to all land parcels currently in use throughout the country.

3. The grant of permission for land repurposing for implementation of commercial housing investment projects must meet the following conditions:

a/ The conditions specified in Clause 2 of this Article;

b/ The applicants for grant of permission for land repurposing by the State have the right to use residential land or residential land and land of other types;

c/ Ensuring conformity with local land-use master plans and plans, construction master plans, urban master plans, and housing development programs and plans and not falling into the cases of land recovery by the State for national defense or security purposes or land recovery for socio-economic development for national interests or public interests specified in Article 78 and Article 79 of this Law;

d/ Having obtained an investment policy approval-cum-investor approval from a competent agency in accordance with the law on investment.

Article 123. Competence to allocate land, lease land and permit land repurposing

1. Provincial-level People’s Committees shall decide on land allocation, land lease and grant of permission for land repurposing in the following cases:

a/ Allocating land, leasing land or granting permission for land repurposing to domestic organizations;

b/ Allocating land and leasing land to religious organizations and dependent religious organizations;

c/ Allocating land and leasing land to people of Vietnamese origin residing abroad and foreign-invested economic organizations;

d/ Leasing land to foreign organizations with diplomatic functions.

2. District-level People’s Committees shall decide on land allocation, land lease and grant of permission for land repurposing in the following cases:

a/ Allocating land, leasing land or granting permission for land repurposing to individuals. In case of leasing land to individuals or granting permission for repurposing of agricultural land for commercial or service purposes with an area of ​​0.5 hectare or more, it is required to obtain a written approval from the provincial-level People’s Committee before making decision;

b/ Allocating land to residential communities.

3. Commune-level People’s Committees shall lease land from the source of agricultural land for use for community interests of communes, wards and townships.

4. The state agencies competent to allocate land, lease land, and grant permission for land repurposing specified in Clauses 1 and 2 of this Article are agencies competent to decide on adjustment and extension of land use period for cases in which land users have been granted decisions on land allocation, land lease or permission for land repurposing before the effective date of this Law and cases in which land allocation, land lease or permission for land repurposing is decided in accordance with this Law.

5. The competent state agencies specified in Clauses 1, 2 and 4 of this Article may not decentralize or authorize others to exercise their powers.

Article 124. Cases of land allocation or land lease without auction of land use rights or without bidding to select investors to implement land-using projects

1. The cases of land allocation without collection of land use levy specified in Article 118 of this Law, the cases of land allocation with collection of land use levy specified in Article 119 that are exempt from land use levy, and the cases of land lease specified in Article 120 that are exempt from land rental, except cases in which relevant specialized laws require determination of the number of investors expressing interest.

2. Land allocation or land lease to implement projects in the cases of land recovery by the State specified in Article 79 of this Law and falling into one of the following cases:

a/ Using public investment capital in accordance with the law on public investment;

b/ Implementing investment projects by the mode of public-private partnership in accordance with the law on investment in the form of public-private partnership.

3. Land allocation with collection of land use levy or land lease in the following cases:

a/ Allocating residential land to cadres; civil servants; public employees; in-service officers; professional soldiers; civil servants, workers and public employees of the national defense forces; officers, non-commissioned officers and workers of the public security forces; and people engaged in cipher work and people performing other jobs in cipher organizations who are salaried by the state budget but have not been allocated residential land or houses;

b/ Allocating residential land to teachers and health workers working in border and island communes in areas with difficult socio-economic conditions or areas with extremely difficult socio-economic conditions who do not have residential land or houses in localities where they are working or have not received housing support under policies prescribed by the housing law;

c/ Allocating residential land to individuals permanently residing in communes who do not have residential land and have not been allocated residential land by the State or received housing support under policies prescribed by the housing law;

d/ Allocating residential land to individuals permanently residing in townships in areas with difficult socio-economic conditions or areas with extremely difficult socio-economic conditions who do not have residential land and have not been allocated residential land by the State;

dd/ Leasing land for use as production and business premises to people who are entitled to land lease by the State with annual payment of land rental but had to be relocated from the old locations due to environmental pollution in accordance with law; providing support for land lease for continuation of production and business activities in case of land recovery for non-agricultural production establishments from current land users;

e/ Leasing land to individuals who need to use agricultural land areas exceeding the allocated quotas specified in Article 176 of this Law; or leasing land to ethnic minority people according to Point d, Clause 2 and Point b, Clause 3, Article 16 of this Law;

g/ Leasing land to public non-business units that choose the form of land lease;

h/ Leasing land to foreign organizations with diplomatic functions to build working offices;

i/ Leasing land to units of the people’s armed forces for agricultural production, forestry, aquaculture and salt making, or for agricultural production, forestry, aquaculture and salt making combined with performance of national defense and security tasks;

k/ Leasing land for mineral activities, for those having licensed to conduct mineral activities by competent state agencies;

l/ Allocating or leasing land to organizations, households, individuals, and people of Vietnamese origin residing abroad who are entitled to compensation in land in accordance with this Law and other relevant laws in case they are entitled to resettlement support in accordance with this Law;

m/ Allocating or leasing land to land users whose land for production and business activities is recovered in accordance with Article 78 and Article 79 of this Law, but at the time of land recovery, the land use period has not yet expired and the land users wish to use land in other locations to continue production and business activities;

n/ Allocating or leasing small, narrow and interspersed land parcels according to the Government’s regulations;

o/ Allocating or leasing land according to competent agencies’ legally effective decisions on resolution of land-related disputes or complaints;

p/ Other cases decided by the Prime Minister.

4. Land users that repurpose their land in the cases specified in Article 121 of this Law.

5. Land allocation and land lease to implement projects falling into the cases of land recovery by the State as specified in Article 79 of this Law without using capital under Clause 2 of this Article in case there are investors expressing interest in the projects but only one investor meets the conditions stated in the invitation for expression of interest, for projects subject to determination of the number of investors expressing interest in accordance with the bidding law and relevant specialized laws.

6. Cases in which auction of land use rights has been organized twice but both auctions are unsuccessful as specified at Point b, Clause 6, Article 125 of this Law or there is no participant in the auction. In this case, land shall be allocated or leased only within 12 months from the date of the second auction.

7. Foreign-invested economic organizations that acquire real estate projects in accordance with the law on real estate business.

8. The Government shall provide in detail land allocation and land lease in the cases specified in this Article.

Article 125. Land allocation and land lease through auction of land use rights

1. The State shall allocate land with collection of land use levy and lease land with one-off payment of land rental for the entire lease period through auction of land use rights in the following cases:

a/ Investment projects using land from the land fund specified in Clause 1, Article 217 of this Law, except the cases specified in Articles 124 and 126 of this Law;

b/ Allocating residential land to individuals, except the cases specified in Article 124 of this Law.

2. Conditions for conducting an auction of land use rights are as follows:

a/ Land has been recovered and compensation, support and resettlement work has been completed or compensation, support and resettlement work is not required; the land parcels put for auction are located in areas with connected transport infrastructure;

b/ The land parcels put for auction are included in approved district-level annual land use plans for the purpose of auctioning land use rights, except cases of auctioning land use rights for the land specified at Point e, Clause 1, Article 217 of this Law;

c/ There are 1:500 detailed master plans formulated and approved by competent state agencies, for housing investment projects;

d/ There are plans on auction of land use rights approved by competent agencies.

3. Organizations participating in auction of land use rights in the cases specified in Clause 1 of this Article must fully meet the following conditions:

a/ Being eligible for land allocation or land lease by the State as specified in Article 119 and Article 120 of this Law;

b/ Meeting the conditions specified in Article 122 of this Law, in case of land allocation or land lease to implement investment projects; having capacity and experience in project development;

c/ Other conditions as prescribed by the law on asset auction.

4. Individuals participating in auction of land use rights must meet the following conditions:

a/ Being entitled to land allocation or land lease by the State as specified in Articles 119 and 120 of this Law;

b/ Meeting the conditions prescribed by the law on asset auction.

5. Provincial- and district-level People’s Committees have the following responsibilities:

a/ Every year, to publicize plans on auction of land use rights and lists of land areas put for auction of land use rights on the National Land-Use Rights Auction Portal and their portals;

b/ To organize the formulation and implementation of plans on recovery, compensation, support and resettlement in accordance with this Law to serve the auction of land use rights;

c/ To organize the formulation and implementation of plans on auction of land use rights;

d/ To direct the handover of land on the ground, and certificates of land use rights and ownership of land-attached assets to winners of land use rights auctions.

6. Cases of unsuccessful auctions of land use rights include:

a/ Cases of unsuccessful auctions as prescribed by the Law on Asset Auction;

b/ The registration deadline has expired but there is only one person registering for participation in the auction;

c/ There are more than one person registering for participation in the auction but only one person participates in the auction or there are more than one person participating in the auction but only one person makes a bid or there are more than one person making a bid but only one bid is valid.

7. The order and procedures for auction of land use rights must comply with the law on asset auction.

8. The Government shall detail this Article.

Article 126. Land allocation and land lease through bidding to select investors to implement land-using investment projects

1. The State shall allocate land with collection of land use levy or lease land through bidding to select investors to implement land-using investment projects for:

a/ The projects specified in Clause 27, Article 79 of this Law for which provincial-level People’s Councils decide to allocate or lease land through bidding to select investors to implement land-using investment projects.

Provincial-level People’s Councils shall specify criteria for deciding to organize bidding to select investors to implement land-using investment projects in accordance with local realities;

b/ Land-using investment projects falling into the case of land recovery by the State specified in Article 79 of this Law and not falling into the case specified at Point a of this Clause but subject to organization of bidding to select investors in accordance with relevant specialized laws.

2. Parts of land areas put for bidding to select investors to implement land-using investment projects are subject to recovery by the State as specified in Article 79 of this Law. In case the land areas where projects are to be implemented cover the parts of land specified in Clause 1, Article 217 of this Law, the State shall recover the whole land areas for land allocation or land lease through bidding to select investors to implement land-using projects.

3. Conditions for bidding to select investors to implement a land-using investment project specified at Point a, Clause 1 of this Article are as follows:

a/ The land area where the project is to be implemented is on the list of land areas put for bidding for land-using investment projects decided by the provincial-level People’s Council;

b/ There is a detailed master plan or a 1:2,000 zoning master plan approved by a competent agency;

c/ The conditions prescribed by the bidding law.

4. Land-using investment projects specified at Point b, Clause 1 of this Article must meet the conditions for bidding to select investors specified in Clause 3 of this Article and other conditions as prescribed by relevant specialized laws.

5. Organizations participating in bidding to select investors to implement land-using investment projects must meet the following conditions:

a/ Being eligible for land allocation or land lease by the State as specified in Articles 119 and 120 of this Law;

b/ The conditions specified in Article 122 of this Law, in case of land allocation or land lease to implement investment projects;

c/ The conditions prescribed by the bidding law.

6. Foreign investors participating in bidding to select investors to implement land-using investment projects must meet the conditions specified at Points b and c, Clause 5 of this Article; if winning the bidding, they will have to establish economic organizations so as to be allocated or leased land to implement projects under the Government’s regulations in accordance with the investment law, bidding law and other relevant laws.

7. Provincial-level People’s Committees have the following responsibilities:

a/ To publicize plans on organization of, and lists of land areas put for, bidding for land-using investment projects in accordance with this Law;

b/ To organize the formulation of detailed master plans unless there are 1:2,000 zoning maser plans;

c/ To organize the formulation and implementation of compensation, support, resettlement and land recovery plans in accordance with this Law;

d/ To allocate or lease land to bid-winning investors or economic organizations established by bid-winning investors under the Government’s regulations for the latter to implement projects in accordance with the commitments in contracts signed between bid-winning investors and competent agencies, provided the conditions prescribed by the investment law, bidding law and other relevant laws are met; to determine land prices for calculation of land use levy or land rental for investors to fulfill financial obligations to the State.

8. Within 36 months from the date of issuance of decisions on recognition of bid-winning results or another time limit as stated in contracts signed with competent state agencies, competent People’s Committees shall complete compensation, support and resettlement work for land allocation or land lease.

The organizations allocated or leased land specified in Clause 6 and at Point d, Clause 7 of this Article shall advance capital to carry out compensation, support and resettlement at the request of competent state agencies on the basis of approved compensation, support and resettlement plans; past 6 months after receiving a request from competent state agencies, if the organizations fail to advance sufficient capital for compensation, support and resettlement work, competent state agencies shall decide to cancel the bid-winning result.

9. The order and procedures for bidding to select investors to implement land-using projects must comply with the bidding law.

10. The Government shall detail this Article.

Article 127. Use of land to implement socio-economic development projects through negotiation on acquisition of land use rights or in case land use rights are currently held

1. The use of land to implement socio-economic development projects through negotiation on acquisition of land use rights shall be applied in the following cases:

a/ Cases of implementation of projects other than the cases of land recovery specified in Article 79 of this Law;

b/ In case of using land to implement commercial housing investment projects, it is only permitted to negotiate on acquisition of residential land use rights;

c/ Cases in which state budget funds are not used and which fall into the cases of land recovery specified in Article 79 of this Law but investors choose to negotiate on acquisition of land use rights and do not propose land recovery.

2. Land areas eligible for negotiation on acquisition of land use rights to implement socio-economic development projects must have been allocated or leased by the State to land users or land use rights have been recognized by the State for land users; in case the land parcel to implement a project specified in Clause 1 of this Article covers a land area managed by a state agency or organization which, however, cannot be divided into an independent project, the land area managed by such state agency or organization shall be included in the total land area to serve the formulation of the project and recovered by the State for allocation or lease to the investor to implement the project without having to organize auction of land use rights or bidding to select investors to implement land-using projects.

3. Conditions for use of land to implement a socio-economic development project through negotiation on acquisition of land use rights specified in Clause 1 of this Article are as follows:

a/ The project must conform with district-level land-use master plans approved and announced;

b/ The project owner must meet the conditions specified in Article 122 of this Law; in case of using land to implement commercial housing investment projects, it is permitted to negotiate on acquisition of residential land use rights;

c/ The provincial-level People’s Committees has issued a written approval of negotiation on acquisition of land use rights to implement the project.

4. The State shall adopt policies to promote negotiation on acquisition of land use rights to implement socio-economic development projects in the cases specified in Clause 1 of this Article, specifically as follows:

a/ Households and individuals that use land and have not been granted a certificate of land use rights, certificate of house ownership and residential land use rights, certificate of land use rights and ownership of houses and other land-attached assets, or certificate of land use rights and ownership of land-attached assets but meet the conditions for issuance of a certificate of land use rights and ownership of land-attached assets may transfer land use rights, lease or sublease land use rights, or contribute land use rights as capital to implement projects;

b/ In case an investor has acquired land use rights to implement a project but, by the time the land use period expires, the investor has yet to complete land-related procedures to implement the project, the investor may continue carrying out procedures to implement the project without having to carry out procedures for extension of the land use period.

5. Cases of negotiating on acquisition of land use rights to continue production and business activities without land repurposing must comply with this Law’s provisions on transfer of land use rights.

6. In case a person who currently holds land use rights proposes an investment project, which falls into the case specified in Article 79 of this Law but conforms with the land-use master plan, and applies for permission for land repurposing and has his/her investment policy approved by a competent state agency concurrently with investor approval according to the investment law, he/she may use land to implement the investment project without land recovery by the State in accordance with this Law.

In case a person who currently holds the right to use residential land or residential land and land of other types proposes a commercial housing investment project in conformity with land-use master plans and applies for permission for land repurposing and has his/her investment policy approved by a competent state agency concurrently with investor approval according to the investment law, he/she may use land to implement the investment project.

7. The Government shall detail this Article.

Chapter X

LAND REGISTRATION, ISSUANCE OF CERTIFICATES OF LAND USE RIGHTS AND OWNERSHIP OF LAND-ATTACHED ASSETS

Section 1

CADASTRAL DOSSIERS

Article 128. Principles of making, revision and updating of cadastral dossiers

1. Cadastral dossiers shall be made by land parcel, ensuring scientificity and consistency of information in dossiers with the status quo of land management and use; and gathered by commune-level administrative unit or district-level administrative unit, for localities where commune-level administrative units are not established.

2. Cadastral dossiers shall be revised and updated fully and promptly when land users carry out land-related administrative procedures or at the request of competent state agencies, ensuring that they fully reflect the situation of land management and use in localities.

Article 129. Cadastral dossiers

1. Cadastral dossiers comprise documents showing detailed information about each land parcel, persons assigned to manage land, land users, owners of land-attached assets, and the legal status of land parcels and land-attached assets, fully reflecting the situation of land management and use in localities.

2. Cadastral dossiers shall be formulated in digital form, comprising the following documents:

a/ Cadastral map;

b/ Land inventory book;

c/ Cadastral book;

d/ Copies of the following certificates: certificate of land use rights, certificate of house ownership and residential land use rights, certificate of house ownership, certificate of ownership of construction works, certificate of land use rights and ownership of houses and other land-attached assets, and certificate of land use rights and ownership of land-attached assets.

3. Cadastral dossiers shall be used:

a/ As a land management tool;

b/ To protect the rights and determine the obligations of land users, persons assigned to manage land, owners of land-attached assets, and related organizations and individuals in accordance with the land law;

c/ To determine financial revenues from land;

d/ To monitor fluctuations in the land use rights market;

dd/ To support land users in accessing credit capital;

e/ To support sectors and authorities in directing, administering, formulating, organizing, and supervising the implementation of master plans and developing infrastructure;

g/ To provide information to competent agencies in resolving disputes related to land use rights and land-attached assets;

h/ To provide information to organizations and individuals wishing to access land.

Article 130. Responsibilities for making, revising, updating, managing and exploiting cadastral dossiers

1. Provincial-level People’s Committees shall direct the formulation of cadastral dossiers in their localities and allocate funds for implementation.

2. Agencies with land management functions shall organize the making of cadastral dossiers; and inspect and supervise the revision and updating of cadastral dossiers in their localities on a regular basis.

3. Land registration organizations shall make and revise cadastral dossiers and update changes in cadastral dossiers.

For localities that have not yet built land databases, land registration organizations shall provide copies of cadastral dossiers to commune-level People’s Committees for use.

4. Civil servants in charge of cadastral work at the commune level shall manage and use information from cadastral dossiers to perform jobs in service of state management of land in their localities and at the request of citizens; update land information changes with regard to changes falling within their competence and reflect violations in land management and use into cadastral dossiers.

5. The Minister of Natural Resources and Environment shall provide cadastral dossiers and guide the making, revision, updating, management, exploitation, use, inspection and supervision of cadastral dossiers.

Section 2

REGISTRATION OF LAND AND LAND-ATTACHED ASSETS

Article 131. Principles for registration of land and land-attached assets

1. Land registration is mandatory for land users and persons allocated land for management.

2. Land-attached assets that are houses and construction works shall be registered at the request of their owners.

3. Registration of land and land-attached assets includes first-time registration and registration of changes and shall be carried out in the form of paper registration or electronic registration, which have the same legal validity.

4. Land users, owners of land-attached assets, and persons allocated land for management that have made declaration and registration shall have their names inscribed in cadastral dossiers and considered for issuance of certificates of land use rights and ownership of land-attached assets as long as they fully meet the conditions prescribed by this Law.

5. The Government shall provide in detail the registration of land and land-attached assets.

Article 132. First-time registration

1. First-time registration of land and land-attached assets shall be carried out for:

a/ Land parcels that are currently in use but have not been registered;

b/ Land parcels that are allocated or leased by the State for use;

c/ Land parcels that are allocated for management but have not been registered;

d/ Land-attached assets that need to be registered at the same time as land registration in the cases specified at Points a, b and c of this Clause.

2. Provincial-level People’s Committees shall direct the dissemination of and public communication about, and organize the first-time registration for land and land-attached assets not yet registered.

Article 133. Registration of changes

1. Registration of changes shall be carried out for land and land-attached assets for which a certificate of land use rights or certificate of house ownership and residential land use rights or certificate of house ownership or certificate of ownership of construction works or certificate of land use rights and ownership of houses and other land-attached assets or certificate of land use rights and ownership land-related assets has been issued and which undergo changes in the following cases:

a/ Land users and owners of land-attached assets exercise the rights to convert, transfer, bequeath or donate land use rights and land-attached assets; contribute land use rights and land-attached assets as capital; lease or sublease rights to use land under projects on construction and commercial operation of infrastructure facilities; or transfer land-using projects;

b/ Land users and owners of land-attached assets are allowed to change their names;

c/ Changes of information on land users and owners of land-attached assets on the issued certificates other than the case specified at Point b of this Clause;

d/ Change of boundaries, boundary markers, side dimensions, area, number signs and addresses of land parcels;

dd/ Registration of ownership of assets attached to land parcels for which a certificate of land use rights or certificate of house ownership and residential land use rights or certificate of land use rights and ownership of houses and other land-attached assets or certificate of land use rights and ownership of land-attached assets has been issued; registration of changes in land-attached assets compared to registered contents;

e/ Land repurposing specified in Clause 1, Article 121 of this Law; the cases specified in Clause 3, Article 121 of this Law in which land users wish to register changes;

g/ Change in the land use period;

h/ Change in the form of land allocation, land lease, or payment of land use levy or land rental in accordance with this Law;

i/ Change of land use rights and ownership of land-attached assets due to division, splitting, consolidation, merger or transformation of organizational model or under agreement among household members or between husband and wife or among land co-users or co-owners of land-attached assets;

k/ Change of land use rights and ownership of land-attached assets according to results of successful conciliation of land-related disputes as recognized by competent People’s Committees; debt-handling agreements in mortgage contracts; competent state agencies’ decisions on resolution of land-related disputes, complaints and denunciations; court judgments and rulings, executed judgment enforcement decisions of judgment enforcement agencies; the Vietnamese Commercial Arbitration’s decisions or rulings on resolution of disputes between parties arising from land-related commercial activities; or documents recognizing the results of auctions of land use rights in conformity with law;

l/ Establishment, change or termination of rights to adjacent land parcels;

m/ Change in restrictions on the rights of land users;

n/ Change in the rights to use land to build above-ground works to serve the operation, exploitation and use of underground works, and ownership of underground works;

o/ Land users and owners of land-attached assets request renewal or re-issuance of certificates of land use rights or certificates of house ownership and residential land use rights or certificates of house ownership or certificates of ownership of construction works or certificates of land use rights and ownership of houses and other land-attached assets or certificates of land use rights and ownership of land-attached assets;

p/ Land users and owners of land-attached assets exercise the right to mortgage land use rights and land-attached assets;

q/ Sale of assets, or rotation and transfer of land use rights that are public assets according to the law on management and use of public assets.

2. In the cases of registration of changes specified in Clause 1 of this Article, competent agencies shall make confirmation of the changes on the issued certificates or issue new certificates of land use rights and ownership of land-attached assets if land users and owners of land-attached assets so wish. In the case of registration of changes specified at Point p, Clause 1 of this Article, competent agencies shall make confirmation of the changes on the issued certificates.

3. In the cases of registration of changes specified at Points a, b, i, k, l, m and q, Clause 1 of this Article, within 30 days from the date of occurrence of the changes, land users shall register changes at competent authorities; in case of judgment enforcement, the time limit for registering changes shall be calculated from the date of handover of assets for judgment enforcement or to-be-auctioned assets; in case of inheritance of land use rights, the time limit for registering changes shall be calculated from the date of completion of division of land use rights being inheritances in accordance with the civil law or from the date the court’s judgment or ruling comes into force.

Section 3

ISSUANCE OF CERTIFICATES OF LAND USE RIGHTS AND OWNERSHIP OF LAND-ATTACHED ASSETS

Article 134. Certificates of land use rights and ownership of land-attached assets

1. Certificates of land use rights and ownership of land-attached assets shall be issued to holders of land use rights, house ownership and ownership of land-attached construction works according to a uniform form to be applied nationwide.

2. The Minister of Natural Resources and Environment shall provide certificates of land use rights and ownership of land-attached assets.

Article 135. Principles of issuance of certificates of land use rights and ownership of land-attached assets

1. Certificates of land use rights and ownership of land-attached assets shall be issued for land parcels to persons holding land use rights and owners of land-attached assets if they so wish and fully meet the conditions prescribed in this Law. In case a land user is currently using more than one agricultural land parcel in the same commune, ward or township, it/he/she shall be issued 1 certificate of land use rights and ownership of land-attached assets for these land parcels if required.

2. In case more than one person holds the rights to use a land parcel or more than one person owns a land-attached asset, each person shall be issued a certificate of land use rights and ownership of land-attached assets; if required by persons sharing land use rights or ownership of land-attached assets, competent agencies shall issue 1 certificate of land use rights and ownership of land-attached assets for them and hand it over to the representative of such persons.

3. Certificates of land use rights and ownership of land-attached assets shall be only issued after land users and owners of land-attached assets fulfill their financial obligations in accordance with law.

In case land users and owners of land-attached assets are not liable to, are exempted from, or entitled to owe, financial obligations, they shall be issued certificates of land use rights and ownership of land-attached assets after competent agencies determine that the land users or owners of land-attached assets are not liable to, exempted from, or entitled to owe, financial obligations; in case of land lease with annual payment of land rental, certificates of land use rights and ownership of land-attached assets shall be issued after competent agencies issue land lease decisions or sign land lease contracts.

In case a land user donates land use rights to the State or donates land use rights to the residential community for construction of works in the common interests of the community or for expansion of roads according to master plans or donates land use rights for construction of land-attached gratitude houses, charity houses or solidarity houses in accordance with law, the State shall arrange funds for measurement, revision and updating of cadastral dossiers and issue a certificate of land use rights and ownership of land-attached assets to the land user in accordance with this Law; the land user shall not be required to bear expenses in this case.

4. In case land use rights or land use rights and ownership of land-attached assets or ownership of land-attached assets are/is common property of husband and wife, both husband and wife’s full names shall be inscribed in the certificate of land use rights and ownership of land-attached assets, unless the husband and wife have agreed to inscribe the name of one of them in the certificate.

In case land use rights or land use rights and ownership of land-attached assets or ownership of land-attached assets are/is common property of husband and wife and the issued certificate of land use rights, certificate of ownership of houses and residential land use rights, certificate of house ownership, certificate of ownership of construction works, certificate of land use rights and ownership of houses and other land-attached assets, or certificate of land use rights and ownership of land-attached assets is only inscribed with the full name of the husband or wife, it will be changed to a certificate of land use rights and ownership of land-attached assets with the full names of both the husband and wife if required.

5. In case a land parcel belongs to the household, the household will be issued 1 certificate of land use rights and ownership of land-attached assets with the full names of all household members sharing the land use rights and such certificate will be hand over to the household representative. If required by household members sharing the land use rights, they will be issued 1 certificate of land use rights and ownership of land-attached assets with the name of the household’s representative inscribed therein and such certificate shall be handed over to the household representative.

Household members shall themselves decide on the determination of household members sharing land use rights who will have their names inscribed in the certificate of land use rights and ownership of land-attached assets and take responsibility before law for their decision.

6. In case there is a difference in land area between the actual measurement data and the data recorded in the documents specified in Article 137 of this Law or the issued certificate of land use rights or certificate of house ownership and residential land use rights or certificate of land use rights and ownership of houses and other land-attached assets or certificate of land use rights and ownership of land-attached assets, but there is no change in the boundaries of the land parcel currently in use compared to the boundaries of the land parcel at the time of obtaining the land use rights document, certificate of land use rights, certificate of house ownership and residential land use rights, certificate of land use rights, certificate of land use rights and ownership of house and other land-attached assets, or certificate of land use rights and ownership of land-attached assets, and there is no dispute with users of adjacent land parcels, when issuing or renewing a certificate of land use rights and ownership of land-attached assets, the land area shall be determined based on the actual measurement data.

After re-measured, if the boundaries of the land parcel change compared to its boundaries at the time of obtaining the land use rights document or the issued certificate of land use rights, certificate of house ownership and residential land use rights, certificate of land use rights, ownership of houses and other land-attached assets, or certificate of land use rights and ownership of land-attached assets, and the land area according to the actual measurement data is larger than the area recorded in the land use rights document or the issued certificate of land use rights, certificate of house ownership and residential land use rights, certificate of land use rights and ownership of houses and other land-attached assets, or certificate of land use rights and ownership of land-attached assets, the positive difference will be considered for issuance of a certificate of land use rights and ownership of land-attached assets.

In case a certificate of land use rights, certificate of house ownership and residential land use rights, certificate of land use rights and ownership of houses and other land-attached assets, or certificate of land use rights and ownership of land-attached assets has been issued but the land parcel’s location is incorrect, competent agencies shall review and renew the certificate of land use rights and ownership of land-attached assets to the land user.

7. The Government shall provide in detail the issuance of certificates of land use rights and ownership of land-attached assets, the re-determination of residential land area and the correction, revocation and cancellation of certificates already issued.

Article 136. Competence to issue certificates of land use rights and ownership of land-attached assets

1. The competence to issue certificates of land use rights and ownership of land-attached assets for the first time in the cases of first-time registration in which land users and owners of land-attached assets apply for certificates of land use rights and ownership of land-attached assets, and in the case specified at Point b, Clause 7, Article 219 of this Law is provided as follows:

a/ Provincial-level People’s Committees may issue certificates of land use rights and ownership of land-attached assets to land users and owners of land-attached assets specified in Clauses 1, 2, 5, 6 and 7, Article 4 of this Law.

Provincial-level People’s Committees may authorize same-level agencies with the land management function to issue certificates of land use rights and ownership of land-attached assets in the cases specified in this Clause;

b/ District-level People’s Committees may issue certificates of land use rights and ownership of land-attached assets to land users and owners of land-attached assets specified in Clauses 3 and 4, Article 4 of this Law.

2. The competence to issue certificates of land use rights and ownership of land-attached assets and certify changes in case of registration of changes is provided as follows:

a/ Land registration organizations may issue certificates of land use rights and ownership of land-attached assets and certify changes in case of registration of changes to/for domestic organizations, religious organizations, dependent religious organizations, foreign organizations with diplomatic functions, and foreign-invested economic organizations; and issue certificates of land use rights and ownership of land-attached assets to owners of land-attached assets being foreign organizations or foreign individuals;

b/ Land registration organizations’ branches or land registration organizations may issue certificates of land use rights and ownership of land-attached assets and certify changes in case of registration of changes to/for land users and owners of land-attached assets being individuals, residential communities or people of Vietnamese origin residing abroad;

c/ Land registration organizations and land registration organizations’ branches may use their seals for issuance of certificates of land use rights and ownership of land-attached assets or certification of changes in the issued certificates.

Article 137. Issuance of certificates of land use rights and ownership of land-attached assets to households, individuals and residential communities currently using land with land use rights documents

1. Households and individuals that currently use land stably and possess one of the following documents made before October 15, 1993, may be issued certificates of land use rights and ownership of land-attached assets without having to pay land use levy:

a/ Land use rights documents issued by competent agencies in the process of implementing the land policy of the Democratic Republic State of Vietnam, the Provisional Revolutionary Government of the Republic of South Vietnam or the State of the Socialist Republic of Vietnam;

b/ One of the land use rights documents issued by a competent authority of the former regime to land users, including: land title document; document on sale of real estate, certified by an agency under the former regime; document on purchase and sale, donation, exchange or inheritance of the residential land-attached house, certified by an agency under the former regime; testament or written agreement on division of the house inheritance, certified by an agency under the former regime; permit for house construction or permit recognizing lawful architecture of house, issued by an agency under the former regime; and effective judgment of a court under the former regime;

c/ Temporary certificates of land use rights issued by competent state agencies; or land users having their names stated in the Land Register or Cadastral Book;

d/ Documents on transfer of land use rights or purchase and sale of residential land-attached houses, and commune-level People’s Committees certify that land users had used such land since before October 15, 1993;

dd/ Land inventory books and land certificates made before December 18, 1980, that bear names of land users;

e/ One of documents made during the process of land registration under the Prime Minister’s Directive No. 299/TTg of November 10, 1980, on measurement, classification and registration of land nationwide currently under the management by state agencies, that bear the names of land users, including: minutes of approval of the commune-level land registration council, determining that the current land user is lawful; list of lawful land use cases made by the commune-level People’s Committee or commune-level land registration council or district- or provincial-level land management agency; application for registration of land use rights; and document certifying registration of land use rights issued to the land user by the commune-, district- or provincial-level People’s Committee;

g/ Documents on house declaration and registration bearing certification by commune-, district- or provincial-level People’s Committees, which indicate the area of land with houses thereon;

h/ Documents of units of the national defense forces on allocation of land to officers and soldiers for house construction in accordance with the Minister of National Defense’s Directive No. 282/CT-QP of July 11, 1991, provided that such land allocation conforms with the master plan on use of land for building houses for officers and soldiers included in the approved master plan on land for national defense purposes at the time of land allocation;

i/ Projects or lists or documents on people’s migration to build new economic zones or on people relocation for resettlement, approved by district- or provincial-level People Committees or competent agencies, which bear names of land users;

k/ Documents having contents on ownership of houses and works; documents on construction and repair of houses and works, certified or permitted by district- or provincial-level People’s Committees or state management agencies in charge of housing or construction;

l/ Documents on temporary allocation of land issued by district- or provincial-level People’s Committees; written requests for land use approved by commune-level People’s Committees or agricultural cooperatives before July 1, 1980, or approved by district- or provincial-level People’s Committees;

m/ Documents issued by competent state agencies on allocation of land to agencies and organizations for arrangement of land to their cadres, workers and employees for construction of houses on their own or for construction of houses to be distributed to their cadres, workers and employees with non-state budget funds or contributions of such cadres, workers and employees;

n/ Other land use rights documents issued before October 15, 1993, as specified by provincial-level People’s Committees suitable to local realities.

2. For households and individuals currently using land and possessing documents issued by state-run agricultural and forest farms on allocation of land for construction of houses or construction of houses combined with agricultural and forestry production before July 1, 2004, they may be issued certificates of land use rights and ownership of land-attached assets without having to pay land use levy.

3. Households and individuals that currently use land stably and possess one of the following documents may be issued certificates of land use rights and ownership of land-attached assets without having to pay land use levy:

a/ Lawful documents on inheritance or donation of land use rights or land-attached assets; documents on handover of land-attached gratitude houses, charity houses or solidarity houses;

b/ Documents on liquidation of residential land-attached houses or documents on purchase of state-owned houses in accordance with law.

4. For households and individuals that currently use land and possess documents on land allocation or land lease by the State in accordance with law in the period from October 15, 1993, to before the effective date of this Law but have yet to be issued certificates of land use rights, certificates of house ownership and residential land use rights, certificates of land use rights and ownership of houses and other land-attached assets, or certificates of land use rights and ownership of land-attached assets, they may be issued certificates of land use rights and ownership of land-attached assets; if having not yet paid land use levy, they shall pay it in accordance with law.

5. For households and individuals that currently use land free from dispute- and possess one of the documents specified in Clauses 1, 2, 3 and 4 of this Article and such documents bear the names of other persons and are accompanied by documents on transfer of land use rights but, by the effective date of this Law, they have yet to carry out procedures for transfer of land use rights in accordance with law, they may be issued certificates of land use rights and ownership of land-attached assets and shall perform financial obligations in accordance with law.

6. For households, individuals and residential communities that are allowed to use land pursuant to court judgments or rulings, or arbitral awards of the Vietnamese Commercial Arbitration, judgment enforcement decisions of judgment enforcement agencies, or competent state agencies’ decisions on settlement of land-related disputes, complaints or denunciations that have been executed, or documents recognizing results of the successful conciliation, they may be issued certificates of land use rights and ownership of land-attached assets and shall perform financial obligations accordance with law.

7. For households and individuals that have a copy of one of the documents specified in Clauses 1 thru 6 of this Article but the original document is lost and state agencies no longer preserve dossiers on management of the issuance of documents of this type, and commune-level People’s Committees of localities where exists the land certify that the land is used stably and is dispute-free, they may be issued certificates of land use rights and ownership of land-attached assets and shall fulfill financial obligations in accordance with law.

8. In case the current land user possesses one of the documents specified in Clauses 1 thru 7 of this Article and such document states different dates, the land user may choose one date for use as a basis for issuance of a certificate of land use rights and ownership of land-attached assets.

9. For residential communities currently using land under communal houses, temples, shrines, hermitages, ancestral temples or other belief works; land under pagodas not specified in Clause 1, Article 213 of this Law; or agricultural land specified in Clause 4, Article 178 of this Law, that is dispute-free and bears a written certification by commune-level People’s Committees of localities where exists the land that the land is used commonly for residential communities, they may be issued certificates of land use rights and ownership of land-attached assets.

Article 138. Issuance of certificates of land use rights and ownership of land-attached assets to households and individuals currently using land without land use rights documents but having not committed violations of the land law and not falling into cases of ultra vires land allocation

The issuance of certificates of land use rights and ownership of land-attached assets to households and individuals that currently use land stably but do not possess one of the land use rights documents specified in Article 137 of this Law and do not fall into the cases specified in Articles 139 and 140 of this Law is provided as follows:

1. For households and individuals that had used land since before December 18, 1980, and such land is now certified by commune-level People’s Committees of localities where exists such land as dispute-free, they may be issued certificates of land use rights and ownership of land-attached assets as follows:

a/ For a land parcel under houses or houses and works serving daily life which is equal to or larger than the residential land recognition quota specified in Clause 5, Article 141 of this Law, the residential land area to be recognized is equal to the residential land recognition quota, and the land user is not required to pay land use levy.

In case the land area with houses or houses and works thereon serving daily life is larger than the residential land recognition quota specified at this Point, the residential land area to be recognized is the actual area on which such houses or houses and works have been constructed; the land user shall pay land use levy for the land area that exceeds the residential land recognition quota specified at this Point;

b/ For a land parcel with houses or houses and works thereon serving daily life which is smaller than the residential land recognition quota specified in Clause 5, Article 141 of this Law, the residential land area is the whole area of the land parcel and the land user is not required to pay land use levy;

c/ For a land parcel used for non-agricultural production and business, commercial or service purposes, the land area of non-agricultural production establishments or commercial or service land shall be recognized based on the actually used land area. The form of land use shall be recognized as land allocation with land use levy and long, stable land use period;

d/ The land area left after the determination is conducted under Points a and c of this Clause shall be determined based on the land use status quo.

In case the currently used land is non-agricultural land but not residential land, such land shall be recognized under Point c of this Clause.

In case the currently used land is agricultural land, such land shall be recognized in the form of land allocation by the State without land use levy. If the land user wishes such land to be recognized as non-agricultural land which is conformable with a district-level land-use master plan or general master plan or zoning master plan or construction master plan or master plan of rural areas, such land shall be recognized as non-agricultural land and the land user is required to pay land use levy in accordance with law;

2. For households and individuals that used land in the period from December 18, 1980, to before October 15, 1993, and such land is now certified by commune-level People’s Committees of localities where exists such land to be dispute-free, they may be issued certificates of land use rights and ownership of land-attached assets as follows:

a/ For a land parcel with houses or houses and works thereon serving daily life which is equal to or larger than the residential land recognition quota specified in Clause 5, Article 141 of this Law, the residential land area to be recognized is equal to the residential land recognition quota and the land user is not required to pay land use levy.

In case the land area with houses or houses and works thereon serving daily life is larger than the residential land recognition quota specified at this Point, the residential land area to be recognized is the actual area on which such houses or houses and works have been constructed; the land user shall pay land use levy for the land area that exceeds the residential land recognition quota specified at this Point;

b/ For a land parcel with houses or houses and works thereon serving daily life which is smaller than the residential land recognition quota specified in Clause 5, Article 141 of this Law, the residential land area is the whole area of the land parcel and the land user is not required to pay land use levy;

c/ For a land parcel used for non-agricultural production and business, commercial or service purposes, the land of non-agricultural production establishments or commercial or service land shall be recognized under Point c, Clause 1 of this Article;

d/ The land area left after the determination is conducted under Points a and c of this Clause shall be determined based on the land use status quo.

In case the currently used land is non-agricultural land but not residential land, such land shall be recognized under Point c of this Clause.

In case the currently used land is agricultural land, such land shall be recognized in the form of land allocation by the State without land use levy. If the land user wishes such land to be recognized as non-agricultural land that is conformable with a district-level land-use master plan or general master plan or zoning master plan or construction master plan or master plan of rural areas, such land may be recognized as non-agricultural land and the land user is required to pay land use levy in accordance with law;

3. For households and individuals that commenced using land in the period from October 15, 1993, to before July 1, 2014, and such land is now certified by commune-level People’s Committees of localities where exists such land to be dispute-free, they may be issued certificates of land use rights and ownership of land-attached assets as follows:

a/ For a land parcel with houses or houses and works thereon serving daily life which is equal to or larger than the residential land allocation quota specified in Clause 2, Article 195 and Clause 2, Article 196 of this Law, the residential land area to be recognized is equal to the residential land allocation quota. In case the land area with houses or houses and works thereon serving daily life is larger than the residential land allocation quota, the residential land area shall be recognized based on the actual area on which such houses or houses and works have been constructed;

b/ For a land parcel with houses or houses and works thereon serving daily life which is smaller than the residential land allocation quota specified in Clause 2, Article 195 and Clause 2, Article 196 of this Law, the whole area of such land parcel shall be recognized as residential land;

c/ For a land parcel used for non-agricultural production and business, commercial or service purposes, the land of non-agricultural production establishments or commercial or service land shall be recognized under Point c, Clause 1 of this Article;

d/ The land area left after the determination is conducted under Points a and c of this Clause shall be determined according to the land use status quo.

In case the currently used land is non-agricultural land but not residential land, such land shall be recognized under Point c of this Clause.

In case the currently used land is agricultural land, such land shall be recognized in the form of land allocation by the State without land use levy. If the land user wishes such land to be recognized as non-agricultural land which is conformable with a district-level land-use master plan or general master plan or zoning master plan or construction master plan or master plan of rural areas, such land may be recognized as non-agricultural land and the land user is required to pay land use levy in accordance with law;

dd/ Land users that are issued certificates of land use rights and ownership of land-attached assets specified in this Clause shall perform financial obligations in accordance with law;

4. In case a land parcel is under shared use by multiple households and individuals, the residential land quota specified in Clauses 1, 2 and 3 of this Article is equal to the total residential land quota for such households and individuals.

In case a household or an individual uses multiple land parcels with houses or houses and works thereon serving daily life and the concerned commune-level People’s Committee certifies that the household or individual has been using such land stably since before October 15, 1993, the residential land quota shall be determined under Clause 1, 2 or 3 of this Article for each land parcel;

5. For households and individuals that are eligible for agricultural land allocation specified in Clause 1, Article 118 of this Law and used residential land or non-agricultural land before July 1, 2014, but do not possess one of the documents specified in Article 137 of this Law, and have registered their permanent residence in localities in areas with difficult socio-economic conditions or extremely difficult socio-economic conditions, and such land is now certified by commune-level People’s Committees of localities where exists such land to be dispute-free, they may be issued certificates of land use rights and ownership of land-attached assets without having to pay land use levy. The land area to be determined upon issuance of certificates of land use rights and ownership of land-attached assets must comply with Clauses 1 thru 4 of this Article;

6. For households or individuals that currently use land stably as agricultural land, and such land is now certified by commune-level People’s Committees of the localities where exists such land to be dispute-free, they may be issued certificates of land use rights and ownership of land-attached assets in the form of land allocation by the State without land use levy for the land area currently in use but not exceeding the agricultural land allocation quota for individuals specified in Article 176 of this Law. The land use period shall be counted from the date of issuance of a certificate of land use rights and ownership of land-attached assets. The agricultural land area left (if any) shall be shifted to the form of land lease from the State;

7. The application of local regulations on residential land quotas to determine residential land areas in the cases specified in Clauses 1 thru 5 of this Article must comply with regulations effective at the time land users submit dossiers for issuance of certificates of land use rights and ownership of land-attached assets;

8. Households and individuals that currently use land in the cases specified in Clauses 1 thru 6 of this Article but are ineligible for issuance of certificates of land use rights and ownership of land-attached assets may temporarily use land in its status quo until the State recovers the land and shall make land declaration and registration under regulations;

9. The State shall issue certificates of land use rights and ownership of land-attached assets to subjects that have made registration land and fully meet the conditions specified in this Article;

10. The Government shall detail this Article.

Article 139. Handling of land-using households and individuals that committed violations of the land law before July 1, 2014

1. In case of use of encroached or occupied land of safety corridors of public works after the State announces and plants boundary markers of such safety corridors, or use of encroached or occupied land of roads, roadsides and pavements after the State announces construction boundaries, or use of encroached or occupied land for the construction of offices of agencies, non-business works or other public works, the State shall recover such land for return to these works without issuing certificates of land use rights and ownership of land-attached assets for the encroached or occupied land area.

In case the adjustment of land-use master plans and construction master plans approved by competent state agencies makes the encroached or occupied land area no longer belong to safety corridors of public works; no longer lie within the construction boundaries of roads; or no longer be used for construction of offices of agencies, non-business works or other public works, the current land users may be considered for issuance of certificates of land use rights and ownership of land-attached assets and shall perform financial obligations in accordance with law.

2. Cases of use of encroached or occupied land of agricultural or forestry farms which has been allocated by the State without land use levy to subjects in different periods shall be handled as follows:

a/ In case of use of the encroached or occupied land area included in the forestry master plan, for special-use forests or protection forests, provincial-level People’s Committees shall direct the recovery of such land area for allocation to forest management boards for management and use. Persons currently using the encroached or occupied land may be considered by forest management boards for contractual assignment of forest land for forest protection and development in accordance with the forestry law. In case no forest management board exists, persons currently using the encroached or occupied land may be allocated land by the State for the purpose of protection and development of protection forests and considered for issuance of certificates of land use rights and ownership of land-attached assets;

b/ In case of use of the encroached or occupied land area included in the master plan on use of land for the construction of public infrastructure facilities, provincial-level People’s Committees shall direct the recovery of such land area for allocation to project owners for the construction of such facilities.

Persons currently using the encroached or occupied land may continue temporarily using such land until the State recovers the land but shall preserve the land use status quo and make land declaration and registration under regulations;

c/ In case the encroached or occupied land has been used for agricultural production or construction of houses since before July 1, 2014, is not included in the forestry master plan for special-use forests or protection forests, or not included in the master plan on use of land for construction of public infrastructure facilities, current land users may be considered for issuance of certificates of land use rights and ownership of land-attached assets and shall perform financial obligations in accordance with law.

3. Cases in which households and individuals currently use encroached or occupied land other than those specified in Clauses 1 and 2 of this Article and cases of land use not for the purposes defined upon land allocation, land lease or land use rights recognition by the State shall be handled as follows:

a/ For subjects who currently use land stably in conformity with a district-level land-use master plan or general master plan or zoning master plan or construction master plan or master plan of rural areas, they may be considered for issuance of a certificate of land use rights and ownership of land-attached assets and shall perform financial obligations in accordance with law;

b/ For cases other than those specified at Point a of this Clause, current land users may continue temporarily using such land until the State recovers the land but shall preserve the land use status quo and make land declaration and registration under regulations.

4. Households and individuals that currently use self-reclaimed agricultural land areas which are dispute-free may be issued certificates of land use rights and ownership of land-attached assets by the State based on agricultural land allocation quotas set by provincial-level People’s Committees. Land areas that exceed the quotas set by provincial-level People’s Committees shall be shifted to the form of land lease by the State.

5. Land-using households and individuals that violate the land law in the cases specified in Clauses 1 and 2 of this Article on and after July 1, 2014, may not be issued certificates of land use rights and ownership of land-attached assets by the State and shall be handled in accordance with law.

6. The Government shall detail this Article.

Article 140. Issuance of certificates of land use rights and ownership of land-attached assets to households and individuals that currently use land allocated ultra vires

For land allocated ultra vires to households and individuals as specified in the land law at the time of land allocation or in case of use of land from purchase, liquidation or distribution of houses and construction works attached to land in contravention of law, the issuance of certificates of land use rights and ownership of land-attached assets is provided as follows:

1. In case the land has been stably used since before October 15, 1993, which is now certified by the commune-level People’s Committee of the locality where exists such land to be dispute-free, the current land users may be issued certificates of land use rights and ownership of land-attached assets for the allocated land area under Clauses 2 and 6, Article 138 of this Law;

2. In case the land has been stably used in the period from October 15, 1993, to before July 1, 2004, which is now certified by the commune-level People’s Committee of the locality where exists such land to be dispute-free and is conformable with a district-level land-use master plan or general master plan or zoning master plan or construction master plan or master plan of rural areas, current land users may be issued a certificate of land use rights and ownership of land-attached assets under Clauses 3 and 6, Article 138 of this Law;

3. In case the land has been stably used in the period from July 1, 2004, to before July 1, 2014, and is now certified by the commune-level People’s Committee of the locality where exists such land to be dispute-free and is conformable with a district-level land-use master plan or general master plan or zoning master plan or construction master plan or master plan of rural areas, the issuance of certificates of land use rights and ownership of land-attached assets is provided as follows: