Land Law 2013, Law No. 45/2013/QH13

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ATTRIBUTE Land Law 2013

The Law No. 45/2013/QH13 dated November 29, 2013 of the National Assembly on Land
Issuing body: National Assembly of the Socialist Republic of VietnamEffective date:
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Official number:45/2013/QH13Signer:Nguyen Sinh Hung
Type:LawExpiry date:Updating
Issuing date:29/11/2013Effect status:
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Fields:Land - Housing

SUMMARY

INCREASE THE ALLOCATION QUOTAS FOR AGRICULTURAL LAND

This is the new content prescribed at the Law on Land No. 45/2013/QH13 was passed on November 29, 2013, by the XIIIth National Assembly of the Socialist Republic of Vietnam at its 6th session.

In particular, from July 01, 2014, The term for lease of agricultural land to households or individuals must not exceed 50 years. For large investment projects with slow recovery of capital, projects in areas with difficult socio-economic conditions or with especially difficult socio-economic conditions which require a longer term, the term of land allocation or land lease must not exceed 70 years. The land lease term for the purpose of office construction of foreign organizations with diplomatic functions must not exceed 99 years. At the expiry of the term, if these organizations are still in need of the land, the State shall consider extending the land lease term or leasing another land parcel. And the lease term for land which is part of agricultural land fund for public purposes of communes, wards or townships must not exceed 5 years;  

The allocation quotas for land for perennial crops for each household or individual in a delta commune, ward or township must not exceed 10 hectares and must not exceed 30 hectares for each household or individual in a midland or mountainous commune, ward or township. The land allocation quota for each household or individual does not exceed 30 hectares for land for protection forest; land for production forest. And in case a household or individual is allocated with land of different categories including land for cultivation of annual crops, land for aquaculture and land for salt production, the total quota for all categories must not exceed 5 hectares. If the household or individual is additionally allocated with land for perennial crops, the land allocation quota for perennial crops must not exceed 5 hectares in a delta commune, ward or township and must not exceed 25 hectares in a midland and mountainous commune, ward or township.

Land that is allocated or leased for implementing investment projects is not used within 12 consecutive months, or the land use schedule is 24 months late compared with the schedule stated in the project documents since the hand-over in the field. In case of not putting the land into use, the land use term may be extended 24 months and the investors shall pay a sum of money equivalent to the total land use levy or land rental for the delayed period. If the investors still fail to put the land into use when the extended time is over, the State shall recover the land without compensation for land and land-attached assets, except due to force majeure.

This Law takes effect on July 01, 2014.
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Effect status: Known
TTXVN

THE PRESIDENT
No. 22/2013/L-CTN
SOCIALIST REPUBLIC OF VIETNAM
Independence - Freedom - Happiness
Ha noi, December 9, 2013
 
 
ORDER
on the promulgation of law
[1]
 
THE PRESIDENT OF THE SOCIALIST REPUBLIC OF VIETNAM
 
Pursuant to Articles 103 and 106 of the 1992 Constitution of the Socialist Republic of Vietnam, which was amended and supplemented under Resolution No. 51/2001/QH10 of December 25, 2001, of the Xth National Assembly, the 10th session;
Pursuant to Article 91 of the Law on Organization of the National Assembly;
Pursuant to Article 57 of the Law on Promulgation of Legal Documents,
 
PROMULGATES:
 
The Land Law,
which was passed on November 29, 2013, by the XIIIth National Assembly of the Socialist Republic of Vietnam at its 6th session.
 
President of
the Socialist Republic of Vietnam
TRUONG TAN SANG
 
 

THE NATIONAL ASSEMBLY
No. 45/2013/QH13
SOCIALIST REPUBLIC OF VIETNAM
Independence - Freedom - Happiness
 
 
LAND LAW[2]
 
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 prescribes the land ownership, powers and responsibilities of the State in representing the entire-people ownership of land and uniformly managing land, the land management and use regimes, and the rights and obligations of land users over the 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 of the representative of the entire-people ownership of land, and perform the tasks of uniform 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. Land parcel means a land area delimited by boundaries determined in the field or described in records.

2. Land use master plan means the distribution and zoning of land by use space to serve the objectives of socio-economic development, national defense, security, environmental protection and climate change adaptation based on the land potential and land use demands of all sectors and fields, for each socio-economic region or administrative unit in a given period of time.

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Official Gazette
Law 45/2013/QH13 PDF

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