Decree no. 79/2001/ND-CP of November 01, 2001 amending and supplementing a number of articles of the government’s decree no. 17/1999/ND-CP of march 29, 1999 on the procedures for exchange, transfer, lease, sublease and inheritance of the land use right as well as for mortgage of and capital contribution with the land use right value

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Issuing body:	Government	Effective date:	Known Please log in to a subscriber account to use this function. Don’t have an account? Register here
Official number:	79/2001/ND-CP	Signer:	Phan Van Khai
Type:	Decree	Expiry date:	Known Please log in to a subscriber account to use this function. Don’t have an account? Register here
Issuing date:	01/11/2001	Effect status:	Known Please log in to a subscriber account to use this function. Don’t have an account? Register here
Fields:	Land - Housing

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THE GOVERNMENT -------	SOCIALIST REPUBLIC OF VIET NAM Independence - Freedom - Happiness ------------
No: 79/2001/ND-CP	Hanoi, November 01, 2001

DECREE

AMENDING AND SUPPLEMENTING A NUMBER OF ARTICLES OF THE GOVERNMENT’S DECREE No. 17/1999/ND-CP OF MARCH 29, 1999 ON THE PROCEDURES FOR EXCHANGE, TRANSFER, LEASE, SUBLEASE AND INHERITANCE OF THE LAND USE RIGHT AS WELL AS FOR MORTGAGE OF AND CAPITAL CONTRIBUTION WITH THE LAND USE RIGHT VALUE

THE GOVERNMENT

Pursuant to the Law on Organization of the Government of September 30, 1992;
Pursuant to the July 14, 1993 Land Law; the December 2, 1998 Law Amending and Supplementing a Number of Articles of the Land Law and the June 29, 2001 Law Amending and Supplementing a Number of Articles of the Land Law;
Pursuant to the Civil Code of October 28, 1995;
At the proposal of the General Director of the General Land Administration,

DECREES:

Article 1.- To amend and supplement a number of articles of the Government’s Decree No.17/1999/ND-CP of March 29, 1999 on the procedures for exchange, transfer, lease, sublease and inheritance of the land use right as well as for mortgage of and capital contribution with the land use right value (hereinafter called Decree No.17/1999/ND-CP of March 29, 1999 for short) as follows:

1. Article 1 is amended and supplemented as follows:

"Article 1.- Scope of regulation

1. This Decree prescribes the procedures for exchange, transfer, lease, sublease and inheritance of the land use right as well as for mortgage of or guarantee and capital contribution with, the land use right value by economic organizations, households and individuals.

2. The provisions of this Decree shall not apply to cases of renting public-utility land from communes, wards or townships."

2. Article 2 is amended and supplemented as follows:

"Article 2.- Authorization to exercise the land user’s rights

1. The person authorized by the head of a house-hold to exercise the land user’s rights must be the household member or a person other than the household member, who has full civil act capacity as prescribed by law.

2. The person authorized by an individual shall be the latter’s representative in exercising the land user’s rights.

3. The person authorized by the representative of an organization shall represent such organization in exercising the land user’s rights.

4. The authorization for representatives to exercise the rights stipulated in Clauses 1, 2 and 3 of this Article must be made in writing.

For households and indivduals, the written authorization must be authenticated by the People’s Committees of the communes, wards or townships where they reside according to the provisions of Articles 48, 49, 50, 51, 52 and 53 of the Civil Code."

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