THE GOVERNMENT
——-

SOCIALIST REPUBLIC OF VIET NAM
Independence – Freedom – Happiness
———

No. 105/2009/ND-CP

Hanoi, November 11, 2009

DECREE

ON THE SANCTIONING OF ADMINISTRATIVE VIOLATIONS IN THE LAND DOMAIN

THE GOVERNMENT

Pursuant to the December 25, 2001 Law on Organization of the Government;
Pursuant to the November 26, 2003 Land Law;
Pursuant to the July 2, 2002 Ordinance on Handling of Administrative Violations; the March 8, 2007 Ordinance Amending a Number of Articles of the Ordinance on Handling of Administrative Violations; and the April 2, 2008 Ordinance Amending and Supplementing a Number of Articles of the Ordinance on Handling of Administrative Violations;
At the proposal of the Minister of Natural Resources and Environment,

DECREES:

Chapter I

GENERAL PROVISIONS

Article 1. Scope of regulation
1 This Decree provides for the administrative sanctioning of acts of administrative violation in the land domain.
2. Administrative violations in the land domain specified in this Decree are acts in violation of the land law intentionally or unintentionally committed by land users, concerned organizations and individuals or land-related service providers, which, however, are not serious enough for penal liability examination under law.
Article 2. Subjects of application
1. This Decree applies to domestic and foreign individuals and overseas Vietnamese (collectively referred to as individuals); domestic agencies and organizations and foreign organizations (collectively referred to as organizations); households; and religious institutions that commit acts of administrative violation in using land or providing land-related services.
2. Cadres and civil servants on duty who commit acts of violating the law on land management shall be disciplined under the law on cadres and civil servants and the Government’s Decree No.181/2004/ND-CP of October 29, 2004, on enforcement of the Land Law. If their acts show criminal signs, they shall be examined for penal liability under law.
Article 3. Interpretation of terms
In this Decree, the terms below are construed as follows:
1. Use of land for improper purposes means an act of using land not according to the use purposes or the categories of land indicated in land use right certificates; house ownership and residential land use right certificates: land use right and house and land-attached asset ownership certificates; land allocation or land lease decisions; decisions permitting the change of land use purposes: or other land use right papers specified in Clauses 1, 2 and 5, Article 50 of the Land Law.
2. Land encroachment means the land user’s removal without permission of the landmarks or boundary markers of his/her land lot to expand the land area.
3. Land appropriation means the use of land without permission of a competent state agency or the land user, or the use of land temporarily allocated by the State or borrowed without returning such land upon the expiration of the duration of land allocation or borrowing.
4. Obstructing other’s land use means an act of discharging construction materials, wastes, hazardous substances or other things on one’s own or another’s land lot, or digging land, building walls or fences, or other acts that obstruct or harm other person’s land use or reduce his/her capacity to use land.
5. Supply of land-related data in contravention of law means an act of providing data or documents on land, including number, size, shape, area, location, land user, origin, land use purposes and duration, land price, land-attached assets, land-related financial obligations already fulfilled or not yet fulfilled; land use right certificate; house ownership and residential land use right certificate; land use right and house and land-attached asset ownership certificate; rights of land users and restrictions thereon, change in the land use process, and other relevant information, in contravention of the law on collection, management, exploitation and use of land-related data.
6. Delayed provision of land-related data means an act of providing inspection or examination-related information, papers or documents alter ten (10) days from the date of announcement of the inspection decision or receipt of a written request from a competent person or stale agency under law.
Article 4. Statute of limitations for sanctioning administrative violations
1. The statute of limitations for sanctioning administrative violations in the land domain is two (2) years counting from the date an act of administrative violation is committed.
2. For an individual against whom a criminal case has been instituted or who has been prosecuted or against whom a decision to bring him/her to trial according to criminal procedures has been issued and, later a decision to cease investigation or his/her case has been issued but his/her act shows signs of administrative violation, the statute of limitations for sanctioning administrative violations is three (3) months from the date the person with sanctioning competence receives the cessation decision and the case dossier.
3. If an act of administrative violation is not sanctioned after the statute of limitations for sanctioning administrative violations expires, the competent person will not sanction the administrative violation but apply remedies provided for in Clause 3, Article 5 of this Decree.
4. Within the time limit prescribed in Clause 1 or 2 of this Article, if a violator commits a new act of administrative violation prescribed in this Decree or intentionally shirks or obstructs the sanctioning, the statute of limitations for sanctioning shall be re-counted from the time such new act is committed or from the time the shirking or obstructing act terminates.
Article 5. Sanctions and remedies
1. Principal sanctions include:
a/ Caution:
b/ Fine.
2. Additional sanctions include confiscation of material evidences and means used for commission of administrative violations: deprivation of price appraisal practice permits or certificates; and ban from practicing consultancy on the formulation of hind use plannings or plans.
3. Remedies applicable in the sanctioning of land-related administrative violations include compelled restoration of the original state of land; compelled remedying of land degradation and remedying of the discharge of hazardous substances into land; compelled return of the land received from transfer, donation or contribution as capital; confiscation of benefits obtained from violations; compelled completion of administrative procedures under the land law: and compelled provision of information, papers and documents and compliance with inspection or examination requests.
Article 6. Principles for sanctioning administrative violations in the land domain
1. All acts of administrative violation must be promptly detected, stopped and handled. Administrative violations must be sanctioned in a quick, public and thorough manner. All consequences caused by administrative violations must be remedied under this Decree and relevant laws.
2. Administrative violations must be sanctioned by competent persons defined in Articles 25. 26 and 27 of this Decree.
3. One act of administrative violation shall be administratively sanctioned only once.
If many persons jointly commit one act of administrative violation, each of them shall be sanctioned.
A person who commits more than one act of administrative violation shall be sanctioned for each act.
4. Principal sanctions shall be applied independently; additional sanctions and remedies shall only be applied together with principal sanctions for acts of administrative violation for which additional sanctions and remedies are prescribed in this Decree, except the case specified in Clause 3, Article 4 of this Decree.
5. Sanctioning forms and levels shall be determined based on the characteristics, severity and consequences of acts of administrative violation, personal records of violators, and extenuating circumstances and aggravating circumstances.
Extenuating circumstances and aggravating circumstances shall be applied under Articles 8 and 9 of the National Assembly Standing Committee’s Ordinance No. 44/2002/PL-UBTVQH10 of July 2, 2002. on Handling of. Administrative Violations (below referred to as Ordinance No. 44/2002/PL-UBTVQH10).
6. The specific level of fine for an act of violation is the average level of the fine bracket prescribed for such act. If an act of violation involves extenuating circumstance(s), the applicable fine may be reduced but must not be lower than the minimum level. If an act of violation involves aggravating circumstance(s), the applicable fine may be increased but must not exceed the maximum level.
Article 7. Determination of the extent of consequence of acts of administrative violation
1. The extent of consequence of an act of administrative violation shall be determined by converting the value of the rights to use the violated land area into a monetary value at the land price set at the time of sanctioning by the People’s Committee of the province or centrally run city where exists such land. The extent of consequence is divided into the following four (4) levels:
a/ Level one (1): The monetary value of the rights to use the violated land area is below VND thirty million (30,000,000), for agricultural land, or below VND one hundred and fifty million (150,000,000), for non-agricultural land:
b/ Level two (2): The monetary value of the rights to use the violated land area is between VND thirty million (30,000,000) and under VND eighty million (80,000,000). for agricultural land, or between VND one hundred and fifty million (150,000,000) and under VND four hundred million (400,000,000), for non-agricultural land;
c/ Level three (3): The monetary value of the rights to use the violated land area is between VND eighty million (80,000,000) and under VND two hundred million (200,000,000), for agricultural land, or between VND four hundred million (400,000,000) and under VND one billion (1,000,000,000), for non-agricultural land;
d/ Level four (4): The monetary value of the rights to use the violated land area is VND two hundred million (200,000,000) or more, for agricultural land, or VND one billion (1,000,000,000) or more, for non-agricultural land.
2. For land of the categories the prices of which are not yet and must be determined for identifying the extent of consequence of acts of administrative violation, their prices shall be determined under Clause 5. Article 1 of the Government’s Decree No. 123/2007/ND-CP of July 27, 2007, amending and supplementing a number of articles of the Government’s Decree No.188/2004/ND-CP of November 16. 2004, on methods of determining land prices and price brackets of land of different categories.
Chapter II

ACTS OF ADMINISTRATIVE VIOLATION. SANCTIONING FORMS AND LEVELS

Article 8. Use of land for improper purposes
1. Acts of using land for improper purposes which do not fall into the cases specified in Clauses 2, 3,4 and 5 of this Article are subject to the following sanctioning forms and levels:
a/ Caution, or a fine of between VND two hundred thousand (200,000) and VND five hundred thousand (500,000), for an act of violation causing a consequence of level one (1);
b/ A fine of between VND five hundred thousand (500,000) and VND two million (2,000,000), for an act of violation causing a consequence of level two (2):
c/ A fine of between VND two million (2,000,000) and VND ten million (10,000,000), for an act of violation causing a consequence of level three (3):
d/ A fine of between VND ten million (10,000,000) and VND thirty million (30,000,000), for an act of violation causing a consequence of level four (4).
2. Acts of converting wet-rice cultivation land into non-agricultural land or converting land for perennials into ponds or lakes or land for aquaculture using sea water without permission of competent People’s Committees are subject to the following sanctioning forms and levels:
a/ A fine of between VND two million (2.000,000) and VND ten million (10,000,000), for an act of violation causing a consequence of level one (1);
b/ A fine of between VND ten million (10,000,000) and VND fifty million (50,000,000), for an act of violation causing a consequence of level two (2):
c/ A fine of between VND fifty million (50,000,000) and VND two hundred million (200,000,000), for an act of violation causing a consequence of level three (3):
d/ A fine of between VND two hundred million (200,000,000) and VND five hundred million (500,000,000). for an act of violation causing a consequence of level four (4).
3. Acts of using land for special-use forests or protection forests for other purposes without permission of competent People’s Committees are subject to the following sanctioning forms and levels:
a/ A fine of between VND one million (1,000,000) and VND five million (5,000,000), for an act of violation causing a consequence of level one (I):
b/ A fine of between VND five million (5,000,000) and VND twenty million (20,000,000), for an act of violation causing a consequence of level two (2);
c/ A fine of between VND twenty million (20,000,000) and VND one hundred million (100,000,000), for an act of violation causing a consequence of level three (3);
d/ A fine of between VND one hundred million (100,000,000) and VND four hundred million (400,000,000), for an act of violation causing a consequence of level four (4).
4. Acts of converting non-agricultural land allocated by the State without land use levy payment into non-agricultural land liable to land use levy under regulations, or converting non-agricultural land other than residential land into residential land without permission of competent Peoples Committees are subject to the following sanctioning forms and levels:
a/ A fine of between VND two million (2,000,000) and VND ten million (10,000,000), for an act of violation causing a consequence of level one (1);
b/ A fine of between VND ten million (10,000,000) and VND thirty million (30,000,000), for an act of violation causing a consequence of level two (2);
c/ A fine of between VND thirty million (30,000,000) and VND one hundred million (100,000,000).for an act of violation causing a consequence of level three (3);
d/ A fine of between VND one hundred million (100,000,000) and VND three hundred million (300,000,000), for an act of violation causing a consequence of level four (4).
5. Acts of using land for building works or investing in real estate within urban areas, industrial parks, hi-tech parks or economic zones in contravention of detailed land use plannings or plans already publicized are subject to the following sanctioning forms and levels:
a/ A fine of between VND two million (2,000,000) and VND ten million (10,000,000), for an act of violation causing a consequence of level one (1);
b/ A fine of between VND ten million (10,000,000) and VND thirty million (30,000,000), for an act of violation causing a consequence of level two (2):
c/ A fine of between VND thirty million (30,000,000) and VND one hundred million (100,000,000), for an act of violation causing a consequence of level three (3);
d/ A fine of between VND one hundred million (100,000,000) and VND three hundred million (300,000,000), for an act of violation causing a consequence of level four (4).
6. The acts of violation specified in Clauses 1 thru 5 of this Article are subject to compelled restoration of the original state of land.
Article 9. Land encroachment or appropriation
1. Acts of encroaching or appropriating land which do not fall into the cases defined in Clauses 2 and 3 of this Article are subject to the following sanctioning forms and levels:
a/ A fine of between VND five hundred thousand (500,000) and VND two million (2,000,000). for an act of violation causing a consequence of level one (1);
b/ A fine of between VND two million (2,000,000) and VND ten million (10,000,000), for an act of violation causing a consequence of level two (2);
c/ A fine of between VND ten million (10,000,000) and VND thirty million (30,000,000), for an act of violation causing a consequence of level three (3);
d/ A fine of between VND thirty million (30,000,000) and VND one hundred million (100,000,000), for an act of violation causing a consequence of level four (4).
2. Acts of encroaching upon or appropriating land within the safety protection corridors of works, land within urban areas, land with historical-cultural vestiges, scenic places already ranked by. or protected under decisions of. provincial-level People’s Committees are subject to the sanctioning forms and levels specified in the Decree on the sanctioning of administrative violations in specialized domains related to safety protection corridors of works, urban areas, land with historical-cultural vestiges, spots of beauty or scenic places. Sanctioning forms and levels which are not yet provided in relevant laws are specified as follows:
a/ A fine of between VND two million (2,000,000) and VND ten million (10,000,000) shall be imposed for an act of violation causing a consequence of level one (1);
b/ A fine of between VND ten million (10,000,000) and VND fifty million (50,000,000) shall be imposed for an act of violation causing a consequence of level two (2);
c/ A fine of between VND fifty million (50,000,000) and VND two hundred million (200,000,000) shall be imposed for an act of violation causing a consequence of level three (3);
d/ A fine of between VND two hundred million (200,000,000) and VND five hundred million (500,000,000) shall be imposed for an act of violation causing a consequence of level four (4).
3. Acts of encroaching or appropriating land used for security and defense purposes are subject to the sanctioning forms and levels specified in the law on the sanctioning of administrative violations in the security and defense domain.
4. The acts of violation specified in Clauses 1 and 2 of this Article are subject to compelled restoration of the original state of land.
Article 10. Destruction of land
1. Acts of degrading land quality or deforming terrain, causing land utility decline or loss according to the land use purposes determined under Clause 1, Article 6 of the Government’s Decree No. 181/2004/ND-CP of October 29, 2004, on enforcement of the Land Law, are subject to the following sanctioning forms and levels:
a/ A fine of between VND five hundred thousand (500,000) and VND two million (2,000,000), for an act of violation causing a consequence of level one (1);
b/ A fine of between VND two million (2,000,000) and VND ten million (10,000,000), for an act of violation causing a consequence of level two (2);
c/ A fine of between VND ten million (10,000,000) and VND thirty million (30,000,000), for an act of violation causing a consequence of level three (3);
d/ A fine of between VND thirty million (30,000,000) and VND one hundred million (100,000,000), for an act of violation causing a consequence of level four (4).
2. Acts of polluting land, causing land utility decline or loss according to the determined land use purposes are subject to the following sanctioning forms and levels:
a/ A fine of between VND two million (2,000,000) and VND ten million (10,000,000), for an act of violation causing a consequence of level one (I);
b/ A fine of between VND ten million (10,000,000) and VND fifty million (50,000,000), for an act of violation causing a consequence of level two (2);
c/ A fine of between VND fifty million (50,000,000) and VND two hundred million (200,000,000), for an act of violation causing a consequence of level three (3);
d/ A fine of between VND two hundred million (200,000,000) and VND five hundred million (500,000,000). for an act of violation causing a consequence of level lour (4).
3. The acts specified in Clauses 1 and 2 of this Article are subject to confiscation of material evidences and means used for committing acts of administrative violation; compelled remedying of land quality deterioration; remedying of polluted land in which hazardous substances are discharged; or restoration of the original state of land.
Article 11. Obstructing others’ land use
1. A household or an individual that commits an act of obstructing or damaging other’s land use is subject to the following sanctioning forms and levels:
a/ Caution, or a fine of between VND two hundred thousand (200,000) and VND one million (1,000,000) in rural areas or between VND five hundred thousand (500,000) and VND two million (2,000,000) in urban areas, for discharging wastes, hazardous substances, construction materials or other things on one’s or other’s land lot, thus obstructing other’s land use;
b/ A fine of between VND two million (2,000,000) and VND ten million (10,000,000) in rural areas or between VND five million (5,000,000) and VND thirty million (30,000,000) in urban areas, for digging land or building walls or fences, thus obstructing or damaging other’s land use.
2. A religious institution obstructing other’s land use is subject to the following sanctioning forms and levels:
a/ A fine of between VND one million (1,000,000) and VND five million (5,000,000) in rural areas or between VND two million (2,000,000) and VND ten million (10,000,000) in urban areas, for discharging construction materials, wastes, hazardous substances or other things on one’s own or other’s land lot. thus causing land utility decline or damaging others’ land use;
b/ A fine of between VND five million (5,000,000) and VND twenty million (20,000,000) in rural areas or between VND ten million (10,000,000) and VND fifty million (50,000,000) in urban areas, for digging land or building walls or fences, thus obstructing or damaging other’s land use.
3. In addition to the sanctions specified in Clauses 1 and 2 of this Article, the following measures may be applied:
a/ Confiscation of material evidences and means used for commission of acts of administrative violation;
b/ Compelled restoration of the original state of land.
Article 12. Conversion, transfer, lease, sublease, inheritance or donation of land use rights or mortgage, guarantee or contribution of land use rights as capital without carrying out administrative procedures under the land law
1. A fine of between VND two hundred thousand (200,000) and VND two million (2.000,000) in rural areas or between VND five hundred thousand (500,000) and VND five million (5.000,000) in urban areas shall be imposed for converting, transferring, leasing, subleasing, inheriting or donating agricultural land use rights or mortgaging, providing guarantee or contributing agricultural land use rights as capital without carrying out administrative procedures under the land law.
2. A fine of between VND five hundred thousand (500,000) and VND five million (5,000,000) in rural areas or between VND one million (1,000,000) and VND ten million (10,000,000) in urban areas shall be imposed for converting, transferring, leasing, subleasing, inheriting or donating non-agricultural land use rights or mortgaging, providing guarantee or contributing non-agricultural land use rights as capital without carrying out administrative procedures under the land law.
3. In addition to the sanctions specified in Clauses 1 and 2 of this Article, violators shall also carry out administrative procedures under the land law.
Article 13. Arbitrary conversion, transfer, donation, lease, sublease, inheritance, mortgage, guarantee or contribution of land use rights as capital with regard to land failing to satisfy the prescribed conditions
1. A fine of between VND five hundred thousand (500,000) and VND two million (2,000,000) in rural areas or between VND two million (2,000,000) and VND ten million (10,000,000) in urban areas shall be imposed for arbitrarily converting, transferring, donating, leasing, subleasing, inheriting, mortgaging, providing guarantee or contributing land use rights as capital with regard to agricultural land failing to satisfy the conditions specified in Article 106 of the Land Law.
2. A fine of between VND two million (2,000,000) and VND ten million (10,000,000) in rural areas or between VND five million (5,000,000) and VND twenty million (20,000,000) in urban areas shall be imposed for arbitrarily converting, transferring, donating, leasing, subleasing, inheriting, mortgaging, providing guarantee or contributing land use rights as capital with regard to non-agricultural land failing to satisfy the conditions specified in Article 106 of the Land Law.
3. A fine of between VND two million (2,000,000) and VND ten million (10,000,000) in rural areas or between VND five million (5,000,000) and VND thirty million (30,000,000) in urban areas shall be imposed for using, encroaching or appropriating agricultural land Re­converting, transferring, donating, leasing, subleasing, inheriting, mortgaging, providing guarantee or contributing land use rights as capital.
4. A fine of between VND five million (5,000,000) and VND thirty million (30,000,000) in rural areas or between VND ten million (10,000,000) and VND fifty million (50,000,000) in urban areas shall be imposed for using, encroaching or appropriating non-agricultural land for converting, transferring, donating, leasing, subleasing, mortgaging, providing guarantee or contributing land use rights as capital.
5. In addition to the sanctions specified in Clauses 1, 2, 3 and 4 of this Article, violators shall also have benefits obtained from their violations confiscated and are compelled to restore the original state of land.
Article 14. Receipt of transferred land use rights without satisfying all conditions prescribed by the land law
1. A household or an individual that receives land use rights from transfer, donation, inheritance or contribution as capital while failing to fully satisfy the prescribed conditions shall be imposed a fine of between VND one million (1.000,000) and VND five million (5.000,000) in rural areas or between VND two million (2.000,000) and VND ten million (10,000,000) in urban areas.
2. A religious institution which receives land use rights from transfer, donation, inheritance or contribution as capital while failing to fully satisfy the prescribed conditions is subject to the following sanctioning forms and levels:
a/ A fine of between VND five million (5,000,000) and VND twenty million (20,000,000), if the act of violation causes a consequence of level one (1);
b/ A fine of between VND ten million (10,000,000) and VND fifty million (50,000,000), if the act of violation causes a consequence of level two (2);
c/ A fine of between VND fifty million (50,000,000) and VND two hundred million (200,000,000), if the act of violation causes a consequence of level three (3);
d/ A fine of between VND two hundred million (200,000,000) and VND five hundred million (500,000,000). if the act of violation causes a consequence of level four (4).
3. In addition to the sanctions specified in Clauses 1 and 2 of this Article, violators are also compelled to return the area of the received land.
Article 15. Failure to make first-time registration of land use rights; failure to register changes in land use rights; registration of land not according to its categories; failure to make registration upon change of land use purposes; or failure to register extension of the land use duration upon its expiration for land currently in use
1. Caution shall be served or a fine of between VND two hundred thousand (200,000) and VND one million (1,000,000) in rural areas or a fine of between VND five hundred thousand (500,000) and VND two million (2,000,000) in urban areas shall be imposed on households and individuals that fail to make first-time registration of land use rights; fail to register changes in land use rights; register land not according to its categories; fail to make registration upon change of land use purposes; or fail to register extension of the land use duration upon its expiration while they are using such land.
2. A fine of between VND two million (2,000,000) and VND ten million (10,000,000) shall be imposed on religious institutions which fail to make first-time registration of land use rights; fail to register changes in land use rights; register land not according to its categories; fail to make registration upon change of land use purposes; or fail to register extension of the land use duration upon its expiration while they are using such land.
3. In addition to the sanctions specified in Clauses 1 and 2 of this Article, violators shall also carry out administrative procedures (i.e., to make registration) under the land law.
Article 16. Obstructing land allocation, lease or recovery, or compensation or ground clearance by the State
1. A fine of between VND five hundred thousand (500,000) and VND two million (2,000,000) shall be imposed on persons who, without plausible reasons, fail to appear at sites for land handover at the request of competent state agencies.
2. A fine of between VND one million (1,000,000) and VND five million (5,000,000) shall be imposed for hindering officers of competent slate agencies from determining landmarks, handing over, leasing or recovering land at sites or from conducting compensation and ground clearance.
Article 17. Failure to return land within the time limit specified in land recovery decisions of competent state agencies
1. A fine of between VND five hundred thousand (500,000) and VND two million (2.000,000) shall be imposed on households and individuals that fail to return land within the time limit specified in land recovery decisions of competent state agencies.
2. A fine of between VND one million (1,000,000) and VND ten million (10,000,000) shall be imposed on religious institutions which fail to return land within the time limit specified in land recovery decisions of competent state agencies.
Article 18. Removal, deformation without permission or damaging of landmarks of land use plannings. landmarks of works’ safety corridors or landmarks of administrative boundaries
1. A fine of between VND five hundred thousand (500,000) and VND two million (2,000,000) shall be imposed for removing or deforming without permission landmarks of land use plannings, landmarks of works’ safety corridors or landmarks of administrative boundaries.
2. A fine of between VND one million (1,000,000) and VND five million (5.000,000) shall be imposed for damaging landmarks of land use plannings, landmarks of works’ safety corridors or landmarks of administrative boundaries.
3. In addition to the sanctions specified in Clauses 1 and 2 of this Article, violators shall also have material evidences or means used for committing administrative violations confiscated.
Article 19. Falsifying land use papers or documents
1. A fine of between VND five hundred thousand (500,000) and VND two million (2,000,000) shall be imposed for erasing or modifying land use papers or documents which do not fall into the cases specified in Clause 2 of this Article.
2. A fine of between VND two million (2,000,000) and VND ten million (10,000,000) shall be imposed for erasing or modifying land use papers or documents, thus falsifying the issuance of land use right certificates, house ownership and residential land use right certificates, or land use right and house and land-attached asset ownership certificates; or the conversion, transfer, lease, inheritance, donation, mortgage, guarantee or contribution of land use rights as capital, which, however, are not serious enough for penal liability examination.
Article 20. Delayed putting of land into use under the land law
1. A fine of between VND five hundred thousand (500,000) and VND two million (2,000,000) shall be imposed for failing to use land for annuals for over twelve (12) consecutive months; failing to use land for perennials for over eighteen (18) consecutive months; or failing to use land for forestation for over twenty four (24) consecutive months without permission of competent state agencies that have decided to allocate or lease such land.
2. A fine of between VND two million (2,000,000) and VND ten million (10,000,000) shall be imposed for failing to use land allocated or leased by the State for implementing investment projects for over twelve (12) consecutive months, or when the land use progress is over twenty four (24) months behind the schedule indicated in investment projects, counting from the date of handover of land in the field, without permission of competent state agencies that have decided to allocate or lease such land.
Article 21. Delayed provision of, or failure to provide, inspection or examination-related information, papers or documents; obstructing land-related inspection or examination
1. Households and individuals that delay the provision of, or fail to provide, inspection or examination-related information, papers or documents; or obstruct land-related inspection or examination are subject to the following sanctioning forms and levels:
a/ Caution, or a fine of between VND two hundred thousand (200,000) and VND one million (1,000,000), for acts of delaying the provision of information, papers or documents concerning land-related inspection or examination;
b/ A fine of between VND five hundred thousand (500,000) and VND two million (2,000,000), for acts of failing to provide information, papers or documents concerning land-related inspection or examination;
c/ A fine of between VND one million (1,000,000) and VND five million (5,000,000), for acts of obstructing land-related inspection or examination.
2. Religious institutions which delay the provision of, or fail to provide, inspection or examination-related information papers or documents; or obstruct land-related inspection or examination are subject to the following sanctioning forms and levels:
a/ A fine of between VND one million (1,000,000) and VND five million (5,000,000), for acts of delaying the provision of information, papers or documents concerning land-related inspection or examination:
b/ A fine of between VND two million (2,000,000) and VND ten million (10,000,000), for acts of failing to provide information, papers or documents concerning land-related inspection or examination;
c/ A fine of between VND five million (5,000,000) and VND twenty million (20,000,000), for acts of obstructing land-related inspection or examination.
3. In addition to the sanctions specified in Clauses 1 and 2 of this Article, violators shall also provide information, papers and documents and comply with inspection or examination requests.
Article 22. Practicing land price-related consultancy without adhering to principles and methods of determining land prices under law or without permission of competent state agencies
1. A fine of between VND one million (1,000,000) and VND five million (5,000,000) shall be imposed for practicing land price-related consultancy with permission of competent state agencies but failing to adhere to the principles and methods of determining land prices under law.
2. A fine of between VND two million (2,000,000) and VND ten million (10,000,000) shall be imposed for practicing land price-related consultancy without permission of competent state agencies.
3. In addition to the sanctions specified in Clause 1 of this Article, violators will also have their price appraisal practice permits or certificates deprived of.
Article 23. Practicing consultancy on the formulation of land use plannings or plans without registering practice activities
1. A fine of between VND five million (5,000,000) and VND twenty million (20,000,000) shall be imposed for practicing consultancy on the formulation of land use plannings or plans without registering relevant practice activities under the land law.
2. In addition to the sanction specified in Clause 1 of this Article, violators will also be banned from practicing consultancy on the formulation of land use plannings or plans.
Article 24. Supply of land-related data in contravention of law
1. A fine of between VND five hundred thousand (500,000) and VND two million (2,000,000) shall be imposed for supplying land-related data in contravention of the law on collection, management, exploitation and use of land-related data.
2. A fine of between VND twenty million (20,000,000) and VND fifty million (50,000,000) shall be imposed for the acts specified in Clause 1 of this Article which harm the State or other persons.
Chapter III

COMPETENCE TO SANCTION ADMINISTRATIVE VIOLATIONS

Article 25. Competence of chairpersons of People’s Committees at all levels to sanction administrative violations
1. Chairpersons of People’s Committees of communes, wards or townships may:
a/ Serve caution;
b/ Impose fines of up to VND two million (2,000,000);
c/ Confiscate material evidences or means used for commission of administrative violations which are valued at up to VND two million (2,000,000);
d/ Compel the restoration of the original state of land; compel the remedying of land degradation or discharge of hazardous wastes into land; confiscate benefits obtained from violations which are valued at up to VND two million (2,000,000); compel the completion of administrative procedures under the land law; and compel the provision of information, papers or documents and compliance with inspection or examination requests.
2. Chairpersons of People’s Committees of rural districts, urban districts, towns or provincial cities may:
a/ Serve caution;
b/ Impose fines of up to VND thirty million (30,000,000);
c/ Confiscate material evidences and means used for commission of administrative violations; deprive of price appraisal practice permits or certificates; or ban the practice of consultancy on the formulation of land use plannings or plans;
d/ Compel the restoration of the original state of land; compel the remedying of land degradation or discharge of hazardous wastes into land; compel the return of the area of land already transferred, donated or contributed as capital; confiscate benefits obtained from violations; compel the completion of administrative procedures under the land law: and compel the provision of information, papers or documents and compliance with inspection or examination requests.
3. Chairpersons of provincial-level People’s Committees may:
a/ Serve caution;
b/ Impose fines of up to VND five hundred million (500,000,000);
c/ Confiscate material evidences and means used for commission of administrative violations; deprive of price appraisal practice permits or certificates; and ban the practice of consultancy on the formulation of land use plannings or plans;
d/ Compel the restoration of the original state of land; compel the remedying of land degradation or discharge of hazardous wastes into land; compel the return of the area of land already transferred, donated or contributed as capital; confiscate benefits obtained from violations; compel the completion of administrative procedures under the land law; and compel the provision of information, papers or documents and compliance with inspection or examination requests.
Article 26. Competence of specialized land inspectorates to sanction administrative violations
1. Land inspectors on duty may:
a/ Serve caution;
b/ Impose fines of up to VND five hundred thousand (500,000);
c/ Confiscate material evidences and means used for commission of administrative violations; and confiscate earnings from violations which are valued at up to VND two million (2,000,000);
d/ Compel the restoration of the original state of land.
2. Chief inspectors of provincial-level Natural Resources and Environment Departments may:
a/ Serve caution;
b/ Impose fines of up to VND thirty million (30,000,000);
c/ Confiscate material evidences and means used for commission of administrative violations; deprive of price appraisal practice permits or certificates; and ban the practice of consultancy on the formulation of land use plannings or plans;
d/Compel the restoration of the original state of land; compel the remedying of land degradation or discharge of hazardous wastes into land; compel the return of the area of land already transferred, donated or contributed as capital; confiscate benefits obtained from violations; compel the completion of administrative procedures under the land law; and compel the provision of information, papers or documents and compliance with inspection or examination requests.
3. The Chief Inspector of the Land Administration may:
a/ Serve caution;
b/ Impose fines of up to VND one hundred million (100,000,000);
c/ Confiscate material evidences and means used for commission of administrative violations; deprive of price appraisal practice permits or certificates; and ban the practice of consultancy on the formulation of land use plannings or plans;
d/ Compel the restoration of the original state of land: compel the remedying of land degradation or discharge of hazardous wastes into land; compel the return of the area of land already transferred, donated or contributed as capital; confiscate benefits obtained from violations; compel the completion of administrative procedures under the land law; and compel the provision of information, papers or documents and compliance with inspection or examination requests.
4. The Chief Inspector of the Ministry of Natural Resources and Environment may:
a/ Serve caution;
b/ Impose fines of up to VND five hundred million (500,000,000);
c/ Confiscate material evidences and means used for commission of administrative violations; deprive of price appraisal practice permits or certificates; and ban the practice of consultancy on the formulation of land use plannings or plans;
d/ Compel the restoration of the original state of land; compel the remedying of land degradation or discharge of hazardous wastes into land; compel the return of the area of land already transferred, donated or contributed as capital; confiscate benefits obtained from violations; compel the completion of administrative procedures under the land law; and compel the provision of information, papers or documents and compliance with inspection or examination requests.
Article 27. Authorized sanctioning of administrative violations and principles for determining competence to sanction administrative violations
The authorized sanctioning of administrative violations and principles for determining the competence to sanction administrative violations comply with Clauses 16 and 17, Article 1 of the National Assembly Standing Committee’s Ordinance No. 04/2008/UBTVQH12 of April 2, 2008, Amending and Supplementing a Number of Articles of the Ordinance on Handling of Administrative Violations (below referred to as Ordinance No. 04/2008/UBTVQH12), and relevant laws.
Article 28. Responsibilities of persons competent to sanction administrative violations in case of land recovery, suspension or cessation of the provision of land-related services
1. The handling of administrative violations which fall into the cases of land recovery under Article 38 of the Land Law complies with the following provisions:
a/ Persons with sanctioning competence defined in Clauses 2 and 3, Article 25 of this Decree, who are also competent to recover land under Article 44 of the Land Law, shall simultaneously sanction administrative violations and recover land;
b/ Persons with sanctioning competence defined in Articles 25, 26 and 27 of this Decree, who are incompetent to recover land, shall sanction administrative violations and request in writing competent People’s Committees to issue land recovery decisions. The competent People’s Committees shall recover land if there are sufficient grounds for land recovery. In case there are insufficient grounds under the land law, they shall notify the reasons to the requesters, the sanctioned persons and the People’s Committees of communes, wards or townships where exists the land;
c/ If the statute of limitations for sanctioning specified in Article 4 of this Decree has expired, persons with sanctioning competence shall make written records of administrative violations and issue land recovery decisions for cases falling within their competence or request competent People’s Committees to recover land for cases falling beyond their competence.
2. When handling administrative violations which fall into the cases specified in Articles 22 and 23 of this Decree, persons competent to sanction administrative violations shall notify them to the agencies which have issued practice permits, certificates or registration papers for further handling under law.
3. When examining cases for administrative sanctioning, if detecting that acts of violation show criminal signs, persons competent to sanction administrative violations shall immediately forward the dossiers of the cases to competent criminal procedure-conducting agencies rather than retaining such cases for administrative sanctioning.
In case sanctioning decisions have been issued but later acts of violation are detected to show criminal signs while the expiration of the statute of limitations for penal liability examination has not expired, the persons who have issued the sanctioning decisions shall cancel these decisions and transfer, within three (3) days from the date of such cancellation, the dossiers of the cases to competent criminal procedure-conducting agencies.
Chapter IV

PROCEDURES FOR SANCTIONING ADMINISTRATIVE VIOLATIONS AND COMPLIANCE WITH SANCTIONING DECISIONS

Article 29. Procedures for sanctioning administrative violations in the land domain
The procedures for sanctioning administrative violations in the land domain are specified in Ordinance No. 44/2002/PL-UBTVQH10 Ordinance No. 04/2008/UBTVQH12, and the Government’s Decree No. 128/2008/ND-CP of December 16, 2008, detailing a number of articles of the 2002 Ordinance on Handling of Administrative Violations and the 2008 Ordinance Amending and Supplementing a Number of Articles of the Ordinance on Handling of Administrative Violations.
Article 30. Compliance with decisions to sanction administrative violations in the land domain
1. Persons sanctioned for administrative violations in the land domain shall comply with sanctioning decisions within ten (10) days after receiving these decisions, unless otherwise provided for by the law on handling of administrative violations.
2. Past the time limit specified in Clause 1 of this Article, if the sanctioned persons fail to voluntarily comply with the sanctioning decisions, enforcement shall be carried out through:
a/ Deducting part of their salaries or incomes or deducting money from their bank accounts;
b/ Seizing their assets with a value equivalent to the fine for auction;
c/ Taking other coercive measures.
3. The postponed compliance with decisions to impose fines complies with Article 65 of Ordinance No. 44/2002/PL-UBTVQH10.
4. The competence and procedures for enforcement of decisions to sanction administrative violations comply with Article 66 of Ordinance No. 44/2002/PL-UBTVQH10 and Clauses 27 and 28, Article 1 of Ordinance No. 04/2008/UBTVQH12.
Chapter V

IMPLEMENTATION PROVISIONS

Article 31. Organization of implementation
1. When inspection decision-issuing persons or chairpersons of People’s Committees at all levels request in writing surveys to identify land areas and determination of land prices, provincial- and district-level Natural Resources and Environment agencies shall conduct such surveys and coordinate with finance agencies in determining land prices within twenty (20) days after receiving such requests.
2. Funds for surveys and determination of land prices specified in Clause 1 of this Article shall be covered by the state budget.
The Ministry of Natural Resources and Environment shall assume the prime responsibility for, and coordinate with the Ministry of Finance in, guiding the management and use of funds specified in this Clause.
Article 32. Effect
1. This Decree takes effect on January 1, 2010.
2. This Decree replaces the Government’s Decree No. 182/2004/ND-CP of October 29, 2004, on sanctioning of administrative violations in the land domain.
Article 33. Implementation responsibilities
1. The Ministry of Natural Resources and Environment shall guide the order of and procedures for enforcing administrative sanctioning decisions and issue forms of papers used in the sanctioning of administrative violations in the land domain.
2. Ministers, heads of ministerial-level agencies, heads of government-attached agencies and chairpersons of People’s Committees of all levels shall implement this Decree.-
 

The post Decree No. 105/2009/ND-CP of November 11, 2009, on the sanctioning of administrative violations in the land domain appeared first on MP Law Firm.

THE GOVERNMENT
——-

SOCIALIST REPUBLIC OF VIET NAM
Independence – Freedom – Happiness
———

No. 88/2009/ND-CP

Hanoi, October 19, 2009

DECREE

ON GRANT OF CERTIFICATES OF LAND USE RIGHTS AND HOUSE AND LAND-ATTACHED ASSET OWNERSHIP

THE GOVERNMENT

Pursuant to the December 25, 2001 Law on Organization of the Government;
Pursuant to the November 26, 2003 Land Law;
Pursuant to the November 26, 2003 Construction Law;
Pursuant to the December 3, 2004 Law on Forest Protection and Development;
Pursuant to the June 14, 2005 Civil Code;
Pursuant to the November 29, 2005 Housing Law;
Pursuant to the June 18, 2009 Law Amending and Supplementing Article 126 of the Housing Law and Article 121 of the Land Law;
Pursuant to the June 19, 2009 Law Amending and Supplementing a Number of Articles of Laws concerning capital construction investment;
At the proposed of the Minister of Natural Resources and Environment,

DECREES:

Chapter I

GENERAL PROVISIONS

Article 1. Scope of regulation
This Decree prescribes the grant of certificates of land use rights and house and land-attached asset ownership (below referred to as certificates); conditions on authorized grant of certificates; and dossiers, order and procedures for grant of certificates.
Article 2. Subjects of application
1. State management agencies in charge of natural resources and environment; houses and construction works; and agriculture, and other concerned state management agencies.
2. Land users, owners of houses and other land-attached assets and concerned organizations and individuals.
Article 3. Principles for grant of certificates
1. Certificates shall be granted to persons with rights to use land and own houses and other land-attached assets for each land lot. A user of different agricultural land lots under annual crops and for aquaculture and salt making in the same commune, ward or township who applies for certificates shall be granted a single certificate for all these land lots.
2. Different users of a land lot and different owners of a house and other assets attached to this land lot shall be each granted a certificate.
3. Certificates shall be granted to applicants after they have fulfilled their financial obligations related to grant of certificates, except cases of exemption or delayed payment under law. For cases of land lease by the State, certificates shall be granted after land users sign land rent contracts and fulfill their financial obligations under the signed contracts.
Article 4. Houses and other land-attached assets eligible for certification of ownership
1. House and land-attached asset ownership may only be certified for land lots eligible for certification of land use rights under law.
2. Domestic organizations, households and individuals: communities; overseas Vietnamese; and foreign organizations and individuals that lawfully own houses and other land-attached assets (below referred to as land-attached assets), which include houses, construction works, perennials and planted production forests, may have their ownership certified in certificates.
Article 5. Conditions on authorized grant of certificates
Provincial-level People’s Committees may authorize provincial-level Natural Resources and Environment Departments to grant certificates affixed with stamps of provincial-level Natural Resources and Environment Departments to domestic organizations, religious institutions, overseas Vietnamese and foreign organizations and individuals when the following conditions are met:
1. A land use right registry under a provincial-level Natural Resources and Environment Department has been established;
2. This registry has an organizational apparatus, professional staff, material foundations and technical equipment meeting the requirements for grant of certificates.
Article 6. Contents of a certificate
A certificate contains the following major details:
1. National name, national emblem and certificate title “Certificate of land use rights and house and land-attached asset ownership”:
2. Name of land user and owner of house and other land-attached assets:
3. Land lot, house and other land-attached assets;
4. The plan of the land lot, house and other land-attached assets:
5. Changes after grant of the certificate.
Chapter II

CASES ELIGIBLE FOR GRANT OF CERTIFICATES

Article 7. Certification of land use rights
Land users falling into one of the cases specified in Clauses 1, 2, 3, 4, 5, 6, 7, 8 and 9, Article 49 of the Land Law may have their land use rights certified.
Article 8. Certification of house ownership
House owners may have their house ownership certified if they are eligible to own houses in Vietnam under the housing law and possess the following papers evidencing the lawful establishment of their houses:
1. Domestic households and individuals must possess one of the following papers:
a/ House construction permits, for cases subject to construction licensing under the construction law;
b/ State-owned house sale and purchase contracts under the Government’s Decree No. 61/CP of July 5, 1994, on house sale, purchase and trading, or papers on liquidation or pricing of state-owned houses before July 5, 1994;
c/ Papers on handover or donation of houses of gratitude, compassion or great unity;
d/ House ownership papers granted by competent authorities during periods in which those houses and land were not under public ownership as determined by the State under the XI^thNational Assembly’s Resolution No. 23/2003/QH11 of November 26, 2003, on houses and land already managed by and used under the arrangement of the State during the implementation of house and land management policies and socialist transformation policies before July 1, 1991, and the National Assembly Standing Committee’s Resolution No. 755/2005/NQ-UBTVQH11 of April 2, 2005, on settlement of some specific cases related to houses and land during the implementation of house and land management policies and socialist transformation policies before July 1, 1991;
e/ Paper on sale and purchase or receipt as donation or inheritance or exchange of houses, which are certified by notary public offices or People’s Committees under law.
For houses purchased, donated, exchanged, inherited or otherwise acquired under law from the effective date of the Housing Law, papers on respective transaction under Article 93 of the Housing Law are required.
For houses purchased from construction investors for sale, house sale and purchase contracts between the two parties are required. For cases of purchasing houses from July 1, 2006 (the effective dale of the Housing Law), apart from house sale and purchase contracts, house sellers must possess one of the papers on investment projects to build houses for sale (project approval decisions or investment decisions, or investment licenses or certificates);
f/ Effective judgments or rulings of people’s courts or papers of competent state authorities on entitlement to house ownership:
g/ When an applicant for a house ownership certification possesses one of the papers specified at Points a. b, c. d, e and f of this Clause, which indicates the name of another person, he/she must possess one of the papers on sale and purchase, receipt as donation or inheritance or exchange of houses before July 1. 2006, signed by the involved parties and certified by commune-level People’s Committees. Houses purchased, received as donation or inheritance or exchanged before July 1. 2006. without supporting papers signed by the involved parties must have the time of their purchase, receipt as donation or inheritance, or exchange certified by commune-level People’s Committees;
h/ Domestic individuals that fail to possess one of the papers specified at Points a, b, c, d, e and f of this Clause must possess commune-level People’s Committees’ written certifications of houses built before July 1. 2006. houses free from dispute, or houses built before the adoption of land use planning and construction planning or built in conformity with land use planning, detailed urban construction planning and rural residential area planning under law. For houses built from July 1, 2006, there must be commune-level People’s Committees’ written certifications that those houses are not subject to construction licensing, are dispute-free and meet planning conditions like houses built before July 1, 2006.
2. Overseas Vietnamese must possess the following papers:
a/ Papers on sale and purchase, receipt as donation or inheritance, or other forms of ownership of houses under the housing law;
b/ One of the papers of the ownership transferor specified in Clauses 1 and 3 of this Article.
3. Domestic organizations and overseas Vietnamese implementing investment projects and foreign organizations and individuals must possess the following papers:
a/ For cases of building houses for lease: One of the papers on projects to build houses for lease (project approval decisions or investment decisions, or investment licenses or certificates):
b/ For cases of purchase, receipt as donation or inheritance, or other forms of lawful ownership, of houses: papers on such transaction under the housing law.
4. A house owner who is not concurrently the land user, must possess, apart from the papers proving the house ownership under Clauses 1, 2 and 3 of this Article, a land rent contract or capital contribution contract or business cooperation contract or the land user’s written approval of house construction notarized or certified under law and copies of land use right papers under the land law are required.
Article 9. Certification of construction work ownership
Domestic households and individuals, communities, overseas Vietnamese, foreigners and domestic and foreign organizations may have their construction work ownership certified according to the following regulations:
1. Domestic households and individuals and communities must possess one of the following papers:
a/ Work construction permits, for cases subject to construction licensing under the construction law:
b/ Papers on construction work ownership granted by competent authorities in different periods, unless these works are managed by, or used under the arrangement of. the State;
c/ Papers on sale and purchase, donation or inheritance of construction works under law. which are certified by notary public offices or People’s Committees:
d/ Legally effective papers on entitlement to construction work ownership issued by people’s courts or competent state agencies:
e/ When an applicant for a construction work ownership certification possesses one of the papers specified at Points a. b. c and d of this Clause, which indicates the name of another person, he/she must possess one of the papers on sale and purchase, donation, exchange, or inheritance of construction works before July 1, 2004, (the effective date of the Construction Law) signed by the involved parties and certified by the People’s Committee of commune or higher level. Construction works purchased, received as donation or inheritance or exchanged before July 1, 2004, without supporting papers signed by the involved parties must have the time of their purchase, receipt as donation or inheritance, or exchange certified in applications for certificates by commune-level People’s Committees;
f/ Domestic individuals that fail to possess one of the papers specified at Points a, b, c and d of this Clause must possess commune-level People’s Committees’ written certifications that construction works were built before July 1, 2004, are free from disputes and built before the adoption of land use planning and construction planning or built in conformity with land use planning and construction planning. For construction works built from July 1, 2004. there must be commune-level People’s Committees’ written certifications that those construction works are not subject to construction licensing, are dispute-free and meet conditions on planning like works built before July 1, 2004.
2. Domestic organizations, foreign organizations and individuals, and overseas Vietnamese must possess the following papers:
a/ For cases of building construction works through new construction investment under law. project approval decisions or project investment decisions, investment licenses or certificates, or construction permits granted by competent authorities and papers on land use rights under the land law or land rent contracts with land users to use land for work construction purposes:
b/ For cases of acquiring construction works through purchase, receipt as donation or inheritance, or other lawful forms, papers on such transaction under law.
c/ For cases of unavailability of one of the papers specified at Points a and b of this Clause, there must be provincial-level construction management agencies’ written certifications that construction works existed before the adoption of construction planning but still conform with approved construction planning, are free from disputes over construction work ownership.
3. A construction work owner who is not concurrently the land user must possess, apart from the papers evidencing construction work ownership under Clauses 1 and 2 of this Article, the land user’s written approval of work construc­tion notarized or certified under law and copies of land use right papers under the land law.
Article 10. Certification of rights to own planted production forests
Owners of planted production forests may have their forest ownership certified if funds for forestation. or payment of transferred or allocated forests are not of state budget origin and they can produce one of the following papers:
1. Papers on allocation of planted production forests:
2. Contracts or documents on sale and purchase or donation or inheritance of planted production forests certified by notary public offices or commune- or district-level People’s Committees under law;
3. Effective judgments or rulings of people’s courts or papers of competent state agencies, on entitlement to ownership of planted production forests;
4. Households, individuals or communities without the papers specified in Clauses 1. 2 and 3 of this Article that plant production forests with their own funds must have their forest ownership certified by commune-level People’s Committees as dispute-free;
5. Domestic organizations that implement production forest plantation projects with funds not of state budget origin must possess production forest plantation project approval decisions, or investment decisions, or investment certificates under the investment law;
6. Foreign organizations and individuals and overseas Vietnamese that implement production forest plantation projects must possess production forest plantation project approval decisions, investment decisions, or investment licenses or certificates under the investment law;
7. An owner of planted production forests who is not concurrently the land user must possess, apart from the papers specified in Clauses 1. 2. 3,4, 5 and 6 of this Article, the land user’s written approval of land use for forestation notarized or certified under law and copies of land use right papers under the land law.
Chapter III

DOSSIERS, ORDER AND PROCEDURES FOR GRANT OF CERTIFICATES

Section I. RECEIPT OF DOSSIERS AND HANDOVER OF CERTIFICATES
Article 11. Places of dossier submission and certificate handover
1. Land users and land-attached asset owners that are domestic organizations, religious institutions, foreign organizations and individuals and overseas Vietnamese implementing investment projects shall submit dossiers and receive certificates at land use right registries under provincial-level Natural Resources and Environment Departments (below referred to as provincial-level land use right registries).
2. Land users and land-attached asset owners being households, individuals and overseas Vietnamese eligible to own houses in Vietnam and communities in wards shall submit dossiers and receive certificates at land use right registries under district-level Natural Resources and Environment Divisions (below referred to as district-level land use right registries), except the case specified in Article 18 of this Decree.
Land users and land-attached asset owners being households, individuals and overseas Vietnamese eligible to own houses in Vietnam and communities in communes or townships shall submit dossiers and receive certificates at district-level land use right registries or People’s Committees of communes or townships where land and land-attached assets exist (except the cases specified in Articles 23 and 24 this Decree). Within twenty (20) days after receiving valid and complete dossiers. People’s Committees of communes or townships shall perform the jobs specified in Articles 14, 15, 16 and 17 of this Decree and transfer dossiers to district-level land use right registries.
3. When receiving dossiers, land use right registries and People’s Committees of communes and townships shall give receipt slips to dossier submitting persons. Within three (03) working days, they shall examine those dossiers and notify dossier submitting persons in writing of any necessary supplementation for completion of dossiers.
4. Land users and land-attached asset owners that authorize others to submit dossiers of application for certificates or receive certificates must possess letters of authorization under law.
5. Land use right registries shall make true copies (affixed with seals of land use right registries) of certificates of rights to own houses, construction works or planted production forests to be sent to state management agencies in charge of houses, construction work and agriculture to meet state management requirements of each sector.
Article 12. Time limit for completing procedures for grant of certificates
The time limit for completing procedures for grant of certificates from the date of receiving complete and valid dossiers is:
1. Fifty (50) working days, for grant of new certificates.
2. Thirty (30) working days, for grant of renewed land use right certificates with additional certification of land-attached asset ownership, or re-grant of lost certificates.
3. Twenty (20) working days, for grant of renewed certificates other than those specified in Clause 2 of this Article.
4. The time limits specified in Clauses 1, 2 and 3 of this Article do not include the time for publication of verification results, fulfillment of financial obligations and cadastral survey of land lots.
5. Provincial-level People’s Committees shall specify the time to complete procedures for gram of certificates under Clauses 1, 2, 3 and 4 of this Article.
Article 13. Submission of papers on land use rights and house and land-attached asset ownership
1. When submitting dossiers of application for certificates which include the papers specified in Articles 7, 8, 9 and 10 of this Decree, notarized or certified copies under the laws on notarization and certification are allowed.
2. When receiving certificates, grantees shall hand over the originals of the papers specified in Articles 7, 8, 9 and 10 of this Decree to certificate granting agencies (except investment project approval decisions, investment decisions and investment licenses or certificates). People’s Committees of communes or townships which hand over certificates shall receive the originals of the above papers and send them to district-level land use right registries.
Section 2. DOSSIERS, ORDER AND PROCEDURES FOR GRANT OF CERTIFICATES TO HOUSEHOLDS, INDIVIDUALS, COMMUNITIES AND OVERSEAS VIETNAMESE ELIGIBLE TO OWN HOUSES IN VIETNAM
Article 14. Dossiers, order and procedures for grant of certificates for land lots without land-attached assets or with land-attached assets not requiring ownership certification or with assets owned by others
1. An applicant for a certificate shall submit one (01) dossier set, which comprises:
a/ An application for a certificate;
b/ One of the papers on land use rights specified in Clauses 1, 2 and 5. Article 50 of the Land Law (if any);
c/ Copies of papers related to the fulfillment of land-related financial obligations under law (if any).
2. When an applicant for a certificate submits the dossier at the People’s Committee of a commune or township, that People’s Committee shall perform the following jobs:
a/ Verifying and certifying in the application for certificate the state of dispute over land use rights; verifying and certifying the land origin and use time, state of dispute over land use and conformity with approved land use planning and construction planning, for cases without papers on land use rights specified in Clauses 1, 2 and 5, Article 50 of the Land Law.
When cadastral maps are unavailable, before performing these jobs, the People’s Committee of the commune or township shall notify a district-level land use right registry for cadastral survey of the land lot;
b/ Posting up verification results at its office for 15 days; considering and handling opinions on publicized contents;
c/ Sending the dossier to the district-level land use right registry of the locality where the land exists to perform the jobs specified at Points b. c and d. Clause 3 of this Article.
3. A district-level land use right registry shall perform the following jobs:
a/ Sending dossiers to the commune-level People’s Committee for certification and publicizing results as prescribed at Points a and b. Clause 2 of this Article for cases of submitting dossiers to district-level land use right registries:
b/ Examining dossiers and conducting field verifications when necessary; certifying eligibility or ineligibility for certification of land use rights in applications for certificates:
c/ Preparing dossiers enclosed with copies of cadastral maps or cadastral survey of land lots (where cadastral maps are unavailable) for district-level Natural Resources and Environment Divisions to submit to People’s Committees of the same level for certificate signing or land lease contract signing, for cases of land lease by the State;
d/ Handing over certificates to grantees or sending certificates to People’s Committees of communes or townships for handover to grantees, for cases of submitting dossiers at communes or townships.
Article 15. Dossiers, order and procedures for grant of certificates for cases in which land-attached asset owners are not concurrently land users
1. An applicant for a certificate shall submit one (01) dossier set. which comprises:
a/ An application for a certificate;
b/ For certification of house ownership, papers on house ownership specified in Clauses 1, 2 and 4. Article 8 of this Decree; for certification of construction work ownership, papers on construction work ownership specified in Clauses 1 and 3, Article 9 of this Decree; for certification of planted production forest ownership, one of the papers on forest ownership specified in Clauses 1. 2, 3 and 4 and the papers specified in Clause 7, Article 10 of this Decree;
c/ Copies of papers related to the fulfillment of land-related financial obligations under law (if any).
d/ The plan of the house or construction work (unless the papers specified al Point b of this Clause already include the plan of the house or construction work).
2. When an applicant for a certificate submits the dossier at the People’s Committee of a commune or township, that People’s Committee shall perform the following jobs:
a/ Verifying and certifying in the application the state of dispute over asset ownership:
b/ Examining and certifying in the plan of the house or construction work (unless the plan of the house or construction work has been certified by an organization having the legal entity status for construction or mapping);
c/ Posting up dossier examination results at the office of the People’s Committee of the commune or township for 15 days: considering and handling opinions on publicized contents;
d/ Sending the dossier to a district-level land use right registry to perform the jobs specified at Points b. c and d, Clause 3 of this Article.
3. A district-level land use right registry shall perform the following jobs:
a/ Sending dossiers to the commune-level People’s Committee for certification and publicizing results as prescribed at Points a. b. and c. Clause 2 of this Article for cases of submitting dossiers to district-level land use right registries;
b/ Examining dossiers and conducting field verification when necessary: certifying eligibility or ineligibility for certification of asset ownership in applications for certificates.
When additional verification of information on conditions for certifying land-attached asset ownership is required, a land use right registry shall send written requests for opinion to district-level management agencies in charge of houses, construction works and agriculture. Within five (05) working days after receiving written requests for opinion, these management agencies shall issue written replies to that land use right registry:
c/ Preparing dossiers enclosed with copies of cadastral maps or cadastral survey of land lots (where cadastral maps are unavailable) for district-level Natural Resources and Environment Divisions to submit to district-level People’s Committees for certificate signing:
d/ Handing over certificates to grantees or sending certificates to People’s Committees of communes or townships for handover to grantees, for cases of submitting dossiers at communes or townships.
Article 16. Dossiers, order and procedures for grant of certificates to land users being concurrently owners of houses and construction works
1. An applicant for a certificate shall submit one (01) dossier set, which comprises:
a/ An application for a certificate:
b/ One of the papers on land use rights specified in Clauses 1, 2 and 5, Article 50 of the Land Law (if any);
c/ Papers on house ownership specified in Clauses 1 and 2, Article 8 of this Decree, for assets being houses;
d/ Papers on construction work ownership under Clause 1, Article 9 of this Decree, for assets being construction works;
e/ Copies of papers related to the fulfillment of financial obligations under law (if any).
e/ The plan of the house or construction work (unless the papers specified at Points b. c and d of this Clause already include such plan).
2. When an applicant for a certificate submits the dossier to the People’s Committee of a commune or township, that People’s Committee shall perform the jobs specified in Clause 2, Article 14, and Clause 2. Article 15, of this Decree.
3. A district-level land use right registry shall perform the jobs specified in Clause 3, Article 14. and Clause 3, Article 15, of this Decree.
Article 17. Dossiers, order and procedures for grant of certificates to land users concurrently being owners of planted production forests
1. An applicant for a certificate shall submit one (01) dossier set, which comprises:
a/ An application for a certificate;
b/ One of the papers on land use rights specified in Clauses 1, 2 and 5, Article 50 of the Land Law (if any):
c/ One of the papers on forest ownership specified in Clauses 1, 2, 3 and 4, Article 10 of this Decree;
d/ Copies of papers related to the fulfillment of financial obligations under law (if any).
2. When an applicant for a certificate submits the dossier at the People’s Committee of a commune or township, that Peoples Committee shall perform the jobs specified in Clause 2, Article 14, and Clause 2, Article 15, of this Decree.
3. A district-level land use right registry shall perform the jobs specified in Clause 3, Article 14, and Clause 3, Article 15, of this Decree.
Article 18. Dossiers, order and procedures for grant of certificates to transferees of land use rights, house and construction work ownership transferred from construction investors for sale
1. An investor in building houses or construction works for sale shall submit for a transferee one (01) dossier set to a land use right registry under a provincial-level Natural Resources and Environment Department, which comprises:
a/ An application for a certificate:
b/ The contract on sale and purchase of the house or construction work;
c/ A copy of the project approval decision, or investment decision, investment license or certificate;
d/ A copy of the decision approving the 1/ 500-scale detailed planning of the project (when this copy is unavailable, a copy of the agreement on general plan of the land lot containing houses or construction works is required);
e/ The land use right certificate or the certificate under this Decree;
f/ Copies of vouchers on the investor’s fulfillment of financial obligations (except cases of exemption or delayed payment under law);
g/ Copies of vouchers on the transferee’s fulfillment of financial obligations (if any);
h/ The plan of the house and land lot, which is the drawing of the complete work or the design drawing of the work plan suitable to the current status of the house or construction work without re-survey and re-drawing; drawing of the construction plan of the apartment building, for an apartment building, drawing of the floor where the apartment is located and drawing of the apartment floor if the drawing of the floor does not clearly show the size of the apartment;
i/ In localities having had real estate trading floors, for cases of transfer from the effective date of this Decree, papers proving that the transfer is conducted at a real estate trading floor are required.
When submitting copies of the papers specified at Points c. d. f and g of this Clause, applicants must produce the originals for examination and comparison by dossier receiving agencies, unless these copies are lawfully notarized or certified.
When an investor submits dossiers of application for certificates concurrently for different owners of houses and construction works, it shall submit only one (01) copy of the papers specified at Points c. d. e, f and h of this Clause and a list of houses, apartments, construction works and other parts under separate ownership requested for grant of certificates.
2. A provincial-level land use right registry shall perform the following jobs:
a/ Examining legal papers in dossiers, sending written requests for opinions of house and construction work state management agencies when necessary: within five (05) working days after receiving written requests for opinions, house and construction work state management agencies shall issue written replies to the land use right registry;
b/ Examining the land use state, if the land use state conforms with approved detailed construction plan drawings of projects and approved drawings on complete works (if any), adjusting cadastral maps or conducting cadastral survey of land lots in localities without cadastral maps for grant of certificates.
When the land use state does not conform with approved the detailed construction plan drawing of projects and approved drawings on complete work (if any), sending examination results to house and construction work state management agencies for handling under law;
c/ Sending dossiers enclosed with copies of cadastral maps or cadastral survey of land lots to district-level land use right registries for grant of certificates for cases in which transferees are households, individuals and overseas Vietnamese; compiling and submitting dossiers to provincial-level Natural Resources and Environment Departments for grant of certificates under authorization or submitting to People’s Committees of the same level for certificate signing for cases in which transferees are domestic organizations and foreign organizations and individuals: certifying changes in certificates already granted to transferors.
3. District-level land use right registries shall compile dossiers for district-level Natural Resources and Environment Divisions to submit for grant of certificates to house buyers being households, individuals and overseas Vietnamese; sending certificates to provincial-level land use right registries.
4. Provincial-level land use right registries shall hand over certificates to grantees.
5. When granting certificates to overseas Vietnamese and foreigners transferred house ownership in Vietnam, within five (05) working days after handing over these certificates, land use right registries shall make a list of grantees and send it to the Ministry of Natural Resources and Environment and the Ministry of Construction for placing on the ministries’ website for management.
Section 3. DOSSIERS, ORDER AND PROCEDURES FOR GRANT OF CERTIFICATES TO DOMESTIC ORGANIZATIONS, RELIGIOUS INSTITUTIONS AND OVERSEAS VIETNAMESE IMPLEMENTING INVESTMENT PROJECTS AND FOREIGN ORGANIZATIONS AND INDIVIDUALS
Article 19. Dossiers, order and procedures for grant of certificates for land lots without land-attached assets or with land-attached assets not requiring ownership certification or with assets owned by others
1. An applicant for a certificate shall submit one (01) dossier set, which comprises:
a/ An application for a certificate:
b/ A review report on the land use state under Articles 49, 51, 53 and 55 of the Government’s Decree No. 181/2004/ND-CP of October 29, 2004, on implementation of the Land Law (below referred to as Decree No. 181/2004/ND-CP); Article 36 of the Government’s Decree No. 69/2009/ND-CP of August 13, 2009, additionally prescribing land use planning, land prices, land recovery, compensation, support and resettlement (below referred to as Decree No. 69/2009/ND-CP);
c/ One of the papers on land use rights under the land law (if any);
d/ Copies of papers related to the fulfillment of financial obligations under law (if any).
2. A provincial-level land use right registry shall perform the following jobs:
a/ Examining dossiers, determining and certifying eligibility or ineligibility for certification of land use rights in applications for certificates;
b/ For cases of eligibility for grant of certificates, making copies of cadastral maps or cadastral survey of land lots for localities without cadastral maps;
c/ Preparing dossiers enclosed with copies of cadastral maps or cadastral survey of land lots for provincial-level Natural Resources and Environment Departments to sign certificates under authorization or submit to provincial-level Peoples Committees for certificate signing and land lease contract signing, for cases of land lease by the State:
d/ Handing over certificates to grantees.
Article 20. Dossiers, order and procedures for certificate for cases in which land-attached asset owners are not concurrently land users
1. An applicant for a certificate shall submit one (01) dossier set, which comprises:
a/ An application for a certificate:
b/ For certification of house ownership, papers on house ownership specified in Clauses 3 and 4. Article 8 of this Decree; for certification of construction work ownership, papers on construction work ownership specified in Clauses 2 and 3. Article 9 of this Decree; for certification of planted production forest ownership, one of the papers on forest ownership specified in Clauses 1,2,3,5 and 6 and the papers specified in Clause 7, Article 10 of this Decree;
c/ Copies of papers related to the fulfillment of financial obligations under law (if any).
d/ The plan of the house or construction work (unless the papers specified at Point b of this Clause already include such plan).
2. A provincial-level land use right registry shall perform the following jobs:
a/ Examining dossiers and determining and certifying in applications for certificates eligibility or ineligibility for certification of land-attached asset ownership.
When additional verification of information on conditions for certifying land-attached asset ownership is required, the land use right registry shall send written requests for opinion to provincial-level house, construction work and agriculture management agencies. Within five (05) working days after receiving written requests, these management agencies shall issue written replies to the land use right registry;
b/ Examining and certifying in plans of houses or construction works (unless these plans have been certified by an organization with the legal entity status for construction or mapping operations);
c/ For cases of eligibility for grant of certificates, making copies of cadastral maps or cadastral survey of land lots for localities without cadastral maps;
d/ Preparing dossiers enclosed with copies of cadastral maps for provincial-level Natural Resources and Environment Departments to sign certificates under authorization or submit to provincial-level People’s Committees for certificate signing;
e/ Handing over certificates to grantees.
Article 21. Dossiers, order and procedures for grant of certificates to land users being concurrently owners of houses and construction works
1. An applicant for a certificate shall submit one (01) dossier set. which comprises:
a/ An application for a certificate;
b/ A review report on current land use status under Articles 49, 51, 53 and 55 of Decree No.181/2004/ND-CP; and Article 36 of Decree No. 69/2009/ND-CP;
c/ One of the papers on land use rights under the land law (if any);
d/ One of the papers on house ownership specified in Clause 3. Article 8 of this Decree, for assets being houses;
e/ One of the papers on construction work ownership under Clause 2. Article 9 of this Decree, for assets being construction works;
f/ The plan of the house or construction work (unless the papers specified at Points b. c. d and e of this Clause already include such plan).
g/ Copies of papers related to the fulfillment of financial obligations under law (if any).
2. A provincial-level land use right registry shall perform the jobs specified in Clause 2, Article 19, and Clause 2, Article 20, of this Decree.
Article 22. Dossiers, order and procedures for grant of certificates to land users concurrently being owners of planted production forests
1. An applicant for a certificate shall submit one (01) dossier set, which comprises:
a/ An application for a certificate:
b/ A review report on current land use status under Articles 49 and 53 of Decree No. 181/2004/ND-CP;
c/ One of the papers on land use rights under the land law (if any);
d/ One of the papers on forest ownership specified in Clauses 1, 2, 3, 5 and 6, Article 10 of this Decree (if any);
e/ Copies of papers related to the fulfillment of financial obligations under law (if any).
2. A provincial-level land use right registry shall perform the jobs specified in Clause 2, Article 19, and Clause 2, Article 20, of this Decree.
Section 4. DOSSIERS, ORDER AND PROCEDURES FOR RENEWAL, RE-GRANT OF AND INCLUSION OF ADDITIONAL CERTIFICATION IN CERTIFICATES
Article 23. Renewal of and inclusion of additional certification in certificates
1. The renewal of granted certificates in the cases specified at Point 2, Clause 3, Article 4 of the Law Amending and Supplementing a Number of Articles of Laws concerning capital construction investment: and the renewal of smeared, blurred, torn or damaged certificates or due to re-survey shall be conducted as follows:
a/ An applicant for renewal of a certificate shall submit an application for certificate renewal enclosed with the certificate granted by a land use right registry of the level competent to grant certificates;
b/ A land use right registry shall examine dossiers and submit them to competent state agencies for grant of certificates; and hand over certificates to the applicant.
2. An applicant for renewal of a granted certificate prescribed in Clause 1 of this Article who wishes to have land-attached asset ownership additionally certified shall submit an application for certificate renewal enclosed with the granted certificate together with a dossier of certification of asset ownership for handling under Articles 15 and 20 of this Decree.
3. A land user having obtained a certificate under this Decree who requests for inclusion of additional certification of land-attached asset ownership in the granted certificate shall submit an application enclosed with the granted certificate together with a dossier of certification of asset ownership for handling under Articles 15 and 20 of this Decree.
Article 24. Re-grant of lost certificates
1. An applicant for re-grant of a certificate shall submit one (01) dossier set to a land use right registry of the level competent to grant certificates. Such a dossier comprises:
a/ An application for re-grant of a certificate;
b/ Written certification of loss of the certificate by a commune-level police office of the locality where the certificate is lost;
c/ Papers proving the publication of information on loss of the certificate on the local mass media (except cases of loss due to natural disasters or fires), for domestic organizations, foreign organizations and individuals and overseas Vietnamese; written certification of a commune-level People’s Committee that the notice on loss of the certificate has been posted up at the office of that People’s Committee.
2. A land use right registry shall examine dossiers; and submit them to competent state agencies for signing decisions on cancellation of lost certificates and granting new certificates: and hand over new certificates to applicants.
Article 25. Correction and revocation of granted certificates
1. When detecting errors in granted certificates, provincial-level Natural Resources and Environment Departments shall correct them, for certificates granted by provincial-level People’s Committees; and district-level Natural Resources and Environment Divisions shall make corrections, for certificates granted by district-level People’s Committees.
2. Unlawfully granted certificates shall be revoked as follows:
a/ When an investigation or inspection agency issues a written conclusion that a certificate has been granted in contravention of law. the state agency competent to grant such certificate shall consider this conclusion and issue a decision to revoke the granted certificate if finding this conclusion correct:
b/ A state agency competent to grant certificates which itself checks and delects that a certificate has been granted unlawfully shall notify such in writing to the inspection agency of the same level for verification. District-level inspectorates shall verify certificates granted by district-level People’s Committees while provincial-level inspectorates shall verify certificates granted by provincial-level People’s Committees or provincial-level Natural Resources and Environment Departments. When verification concludes that a certificate has been granted unlawfully, the state agency which has granted such certificate shall issue a decision to revoke it;
c/ An organization or citizen that detects an unlawfully granted certificate shall notify such in writing to the state agency which has granted such certificate. The certificate granting agency shall consider and settle it under Point b of this Clause.
3. The revocation of granted certificates for cases other than those specified in Clause 2. Article 42 of Decree No. 181/2004/ND-CP and Clause 2 of this Article may only be conducted when effective judgments or rulings of people’s courts are available.
Chapter IV

ORGANIZATION OF IMPLEMENTATION

Article 26. Implementation responsibilities
1. The Ministry of Natural Resources and Environment shall guide the certification of changes in the execution of rights of. and change of land users and land-attached asset owners, the certification of perennial tree ownership and other contents for the implementation of this Decree.
2. The Ministry of Construction and the Ministry of Agriculture and Rural Development shall direct house and construction work or agriculture management agencies in coordinating with natural resources and environment agencies in granting certificates.
3. The Ministry of Agriculture and Rural Development shall assume the prime responsibility for. and coordinate with the Ministry of Natural Resources and Environment in. specifying perennial trees eligible for certification of ownership.
4. Provincial-level People’s Committees shall:
a/ Specifically prescribe mechanisms on coordination and information provision between natural resources and environment agencies and construction, agriculture and rural development, and other concerned agencies, and district- and commune-level People’s Committees in granting certificates and managing dossiers: carry out administrative reforms to ensure simplicity, convenience, publicity and transparency under the one-stop shop mechanism; and direct the acceleration of grant of certificates.
b/ Take measures to develop notary public offices in their localities to meet demands for notarization of contracts and transactions on land use rights and house and other land-attached asset ownership: and consider and decide to transfer the certification of contracts and transactions from district- and commune-level People’s Committees to capable notary public offices in district-level localities. In localities where provincial-level People’s Committees have not yet decided on such transfer, involved parties to contracts or transactions may opt for notarization or certification by district- or commune-level People’s Committees under law.
5. District-level Natural Resources and Environment Divisions shall perform the jobs of land use right registries under this Decree in localities without district-level land use right registries.
Article 27. Assurance of conditions for grant of certificates
1. Provincial-level People’s Committees shall direct the survey and making of cadastral maps associated with the compilation of cadastral dossiers and grant of certificates; build capacity, increase equipment, consolidate organizational apparatus, establish district-level land use right registries and allocate sufficient funds to meet requirements for grant of certificates and adjustment of changes in cadastral dossiers.
2. The Ministry of Finance shall assume the prime responsibility for. and coordinate with the Ministry of Natural Resources and Environment in. allocating funds for the renewal of certificates of land use rights, and house ownership and residential land use rights, house ownership and construction work ownership granted before the effective date of this Decree.
Article 28. Fees on grant of certificates
1. Provincial-level People’s Committees shall propose provincial-level People’s Councils to prescribe fee rates and regimes on collection, remittance, management and use of fees on grant of certificates under the law on charges and fees.
2. Exemption of fees on grant of certificates applies to cases of applying for renewal of certificates of land use rights, and house ownership and residential land use rights, house ownership and construction work ownership already granted before the effective date of this Decree.
Article 29. Effect
1. This Decree takes effect on December 10, 2009.
2. Certificates of land use rights, and house ownership and residential land use rights, house ownership and construction work ownership granted before the effective date of this Decree remain legally valid and may be renewed into certificates of land use rights and house and other land-attached asset ownership upon request.
3. For cases in which dossiers of application for these certificates have been submitted before the effective date of this Decree, but have not been granted such certificates, dossier receiving and processing agencies shall transfer those dossiers to natural resources and environment agencies for grant of certificates under this Decree.
3. To annul Article 41; Clause 1, Article 42; and Articles 43, 44, 56, 57, 116, 135, 136, 137, 143, 144, 148, 149, 150, 151, 152, 155, 156, 157 and 158 of Decree No. 181/2004/ND-CP To annul provisions on dossier submission and result notification for procedures for grant, renewal and re-grant of land use right certificates and procedures for execution of land users’ rights of Article 122 of Decree No. 181/2004/ND-CP.
4. To replace the phrase “land use right certificates” with the phrase “certificates of land use rights and house and land-attached asset ownership” in Articles 5, 46, 47, 48, 49, 50, 51, 53, 54, 55, 63, 76, 79, 83, 84, 91, 92, 97, 99, 122, 123, 124, 128, 138, 139 and 140; Point e, Clause 1, Article 147; and Article 159 of Decree No. 181/2004/ND-CP.
5. To add the phrase “certificates of land use rights and house and land-attached asset ownership” to the phrase “land use right certificates” in Articles 6, 38, 64, 65, 111 and 113; Clause 1, Article 117: Articles 118, 129, 131, 133, 134 and 142; Point a, Clause 1, Points a and c, Clause 2, Article 147; and Articles 153, 154, 160, 161 and 162 of Decree No. 181/2004/ND-CP.
6. To annul Article 8, Clauses 1 and 2, Article 10, and Article 21 of the Government’s Decree No.84/2007/ND-CP of May 25. 2007, additionally prescribing grant of certificates of land use rights, land recovery, execution of land use rights, order and procedures for compensation, support and resettlement upon land recovery by the State and settlement of land-related complaints (below referred to as Decree No. 84/2007/ND-CP).
To replace the word “certificates'” with the phrase “certificates of land use rights and house and land-attached asset ownership” in Clause 1, Article 5; Articles 7 and 9: Clause 3, Article 10; Clause 2, Article 11; Articles 13, 14, 15, 16, 17 and 18: Points d and e. Clause 2, Article 19: and Article 20 of Decree No. 84/2007/ND-CP.
To add the phrase “certificates of land use rights and house and land-attached asset ownership” to the word “certificates” in Article 3; Clause 1.Article 11; Article 12; Point b. Clause 1, Article 19; and Articles 26, 31, 44, 45 and 46 of Decree No. 84/2007/ND-CP.
7. To annul the Government’s Decree No. 95/ 2005/ND-CP of July 15, 2005. on grant of certificates of house and construction work ownership.
8. To annul Articles 42, 43, 44, 45, 46, 47, 48, 49 and 51 and Clause 4, Article 66 of the Govern­ment’s Decree No. 90/2006/ND-CP of September 6. 2006. detailing and guiding the Housing Law (below referred to as Decree No. 90/2006/ND-CP); to annul the form of certificate of house ownership and residential land use rights and the form of house ownership certificate promulgated together with Decree No. 90/2006/ND-CP.
9. To replace the phrase “house ownership certificates” with the phrase “certificates of land use rights and house and other land-attached asset ownership” in Articles 16, 50, 58, 59 and 65 and Clause 2, Article 66 of Decree No. 90/ 2006/ND-CP.
To replace the phrase “certificates of house and construction work ownership” with the phrase “certificates of land use rights and house and other land-attached asset ownership” in Article 17 of Decree No. 90/2006/ND-CP.
To add the phrase “certificates of land use rights and house and land-attached asset ownership” before the phrase “house ownership certificates under the Housing Law” in Clause 2, Article 68 of Decree No. 90/2006/ND-CP.
10. To annul the provisions on grant of certificates of construction work ownership prescribed at Point d. Clause 2, Article 37 of the Government’s Decree No. 29/2008/ND-CP of March 14, 2008, on industrial parks, export-processing zones and economic zones.
11. To annul Articles 8 and 9 of the Government’s Decree No. 51/2009/ND-CP of June 3, 2009, guiding a number of articles of the National Assembly’s Resolution No. 19/2008/QH12 of June 3, 2008, on pilot permission of foreign organizations and individuals to buy and own homes in Vietnam.
12. To replace the phrase “land use right certificates” with the phrase “certificates of land use rights and house and land-attached asset ownership” in Articles 1, 2, 3, 8 and 11; Clause 5, Article 12; and Article 13 of the Government’s Decree No. 198/2004/ND-CP of December 3, 2004, on collection of land use levy (below referred to as Decree No. 198/2004/ND-CP).
To add the phrase “certificates of land use rights and house and land-attached asset ownership” to the phrase “land use right certificates” in Article 4 of Decree No. 198/2004/ND-CP.
13. To replace the phrase “land use right certificates” with the phrase “certificates of land use rights and house and land-attached asset ownership” in Articles II and 46 of the Government’s Decree No. 197/2004/ND-CP of December 3.2004. on compensation, support and resettlement upon land recovery by the State (below referred to as Decree No. 197/2004/ND-CP).
To add the phrase “certificates of land use rights and house and land-attached asset ownership” before the phrase “land use right certificates” in Article 8 of Decree No. 197/2004/ND-CP.
14. Ministers, heads of ministerial-level agencies, heads of government-attached agencies and chairpersons of provincial-level People’s Committees shall implement this Decree.-
 

The post Decree No. 88/2009/ND-CP of October 19, 2009, on grant of certificates of land use rights and house and land-attached asset ownership appeared first on MP Law Firm.

THE MINISTRY OF NATURAL RESOURCES AND ENVIRONMENT
——-

SOCIALIST REPUBLIC OF VIET NAM
Independence – Freedom – Happiness
———

No. 14/2009/TT-BTNMT

Hanoi, October 01, 2009

CIRCULAR

DETAILING THE COMPENSATION, SUPPORT AND RESETTLEMENT AND ORDER OF AND PROCEDURES FOR LAND RECOVERY, ALLOCATION AND LEASE

THE MINISTRY OF NATURAL RESOURCES AND ENVIRONMENT

Pursuant to the November 26, 2003 Land Law;
Pursuant to the Government’s Decree No. 25/2008/ND-CP of March 4, 2008, defining the functions, tasks, powers and organizational structure of the Ministry of Natural Resources and Environment;
Pursuant to the Government’s Decree No. 197/2004/ND-CP of December 3, 2004, on compensation, support and resettlement in case of land recovery by the State;
Pursuant to the Government’s Decree No. 17/2006/ND-CP of January 27, 2006, amending and supplementing a number of articles of the decrees guiding the Land Law and Decree No.187/2004/ND-CP on transformation of state companies into joint-stock companies;
Pursuant to the Government’s Decree No. 84/2007/ND-CP of May 25, 2007, additionally providing for the issuance of land use right certificates, land recovery, exercise of land use rights, order of and procedures for compensation, support and resettlement in case of land recovery by the State, and settlement of land-related complaints;
Pursuant to the Government’s Decree No. 69/2009/ND-CP of August 13, 2009, additionally providing for land use planning, land prices, land recovery, compensation, support and resettlement;
The Ministry of Natural Resources and Environment details the compensation, support and resettlement and order of and procedures for land recovery, allocation and lease as follows:
Chapter I

GENERAL PROVISIONS

Article 1. Scope of regulation
This Circular details a number of provisions on the compensation, support and resettlement and order of and procedures for land recovery, allocation and lease under the following decrees:
1. The Government’s Decree No. 197/2004/ND-CP of December 3, 2004, on compensation, support and resettlement in case of land recovery by the State (below referred to as Decree No. 197/2004/ND-CP);
2. The Government’s Decree No. 17/2006/ND-CP of January 27, 2006, amending and supplementing a number of articles of the decrees guiding the Land Law and Decree No.187/2004/ND-CP on transformation of state companies into joint-stock companies (below referred to as Decree No. 17/2006/ND-CP);
3. The Government’s Decree No. 84/2007/ND-CP of May 25, 2007. additionally providing for the issuance of land use right certificates, land recovery, exercise of land use rights, order of and procedures for compensation, support and resettlement in case of land recovery by the State, and settlement of land-related complaints (below referred to as Decree No. 84/2007/ND-CP);
4. The Government’s Decree No. 69/2009/ND-CP of August 13, 2009, additionally providing for land use planning, land prices, land recovery, compensation, support and resettlement (below referred to as Decree No. 69/2009/ND-CP).
Article 2. Subjects of application
1. State management agencies, specialized agencies in charge of natural resources and environment, planning and investment, construction, and finance, and other concerned agencies; and cadastral officers in communes, wards and townships.
2. Domestic organizations, population communities, religious establishments, households and individuals; overseas Vietnamese, and foreign organizations and individuals having land recovered by the State for defense and security purposes, national and public interests or economic development (below collectively referred to as persons having land recovered).
3. Organizations and individuals implementing investment projects and other concerned organizations and individuals.
Chapter II

COMPENSATION, SUPPORT AND RESETTLEMENT

Section 1. IAND COMPENSATION
Article 3. Conditions for land compensation
Conditions on current land users to receive land compensation are specified in Clauses 1, 2, 3, 4, 5, 7, 9, 10 and 11, Article 8 of Decree No. 197/2004/ND-CP and Articles 44, 45 and 46 of Decree No. 84/2007/ND-CP A number of provisions of Clause 3, Article 8 of Decree No.197/2004/ND-CP are specified as follows:
1. Lawful papers on inheritance or donation of land use rights or assets attached to land and papers on handover of gratitude houses associated with land under Point c, Clause 3 of Article 8 include:
a/ Papers on inheritance as provided for by law;
b/ Papers on donation of houses or land, notarized or certified by People’s Committees of communes, wards or townships (below collectively referred to as commune-level People’s Committees) at the time of donation;
c/ Papers on handover of gratitude houses associated with land, issued by house-handing agencies or organizations.
2. For papers on liquidation or sale of houses or purchase of houses attached to residential land under Point e. Clause 3 of Article 8, the following conditions must be satisfied:
a/ To-be-liquidated or -sold houses must be under state ownership. Houses under state ownership include houses taken over from the former regime, derelict houses and deserted houses of which state ownership has been established; houses built with state budget investment; houses built with money of state budget origin; houses built with money jointly contributed by the State and people; and other houses under state ownership.
b/ Houses were liquidated or sold in association with residential land under state ownership before July 5,1994. by administrative and non-business agencies and units, people’s armed forces units, state mass organizations or state enterprises; or papers on sale of houses sold by house-managing organizations under the Government’s Decree No. 61/CPof July 5. 1994. on house purchase, sale and trading.
3. Papers issued by a competent agency under the former regime to the current land user under Point f, Clause 3 of Article 8 include:
a/ Land title-deed;
b/ Document on sale of real estate (including house and residential land), certified by an agency under the former regime;
c/ Document on purchase and sale, donation, exchange or inheritance of the house attached to residential land, certified by an agency under the former regime;
d/ Testament or written agreement on division of the house inheritance, certified by an agency under the former regime;
e/ Permit for house construction or permit recognizing lawful architecture of the house, issued by an agency under the former regime;
f/ Effective judgment of the court under the former regime;
g/ Other papers evidencing the establishment of house or residential land, recognized by the People’s Committee of a province or centrally run city (below collectively referred to as provincial-level People’s Committee) where exists residential land.
Article 4. Deduction of unfulfilled land-related financial obligations
The deduction of unfulfilled land-related financial obligations from the compensation and support amount under Clause 3, Article 14 of Decree No. 69/2009/ND-CP is specified as follows:
1. For land users who are entitled to compensation and support but have not yet fulfilled land-related financial obligations with regard to the recovered land area, such financial obligations shall be deducted from the compensation and support amount (not from the compensation for assets or the support for relocation, resettlement, life and production stabilization, or job change and creation).
2. Land-related financial obligations deducted from the compensation and support amount include use levy and rent of land leased by the State, land-use right transfer tax, tax on income from land-use right transfer, fine for violations of the land law, compensation to the State for damage caused in land management and use, and charges and fees in land management and use.
Article 5. Land prices used for compensation calculation and remaining investment expenses
1. Land prices used for compensation calculation under Article 11 of Decree No. 69/2009/ND-CPare prices of recovered land according to its current use purpose, set by provincial-level People’s Committees and announced on January 1 every year.
In case land prices set by provincial-level People’s Committees are not close to actual market prices of land-use right transfer under normal conditions, provincial-level People’s Committees shall assign functional agencies to re-determine specific land prices in order to decide on appropriate land prices used for compensation calculation which are not restricted notwithstanding the provisions on price brackets of land of different categories.
2. Remaining investment expenses under Clause 3. Article 9 of Decree No. 197/2004/ND-CP are actual reasonable expenses invested in land by land users for permitted use purposes but, by the time of land recovery by the State, such expenses are not fully recovered yet. Expenses invested in land must be evidenced by dossiers and documents. Remaining investment expense equals (=) total actual reasonable expense in cash invested in land minus (-) the investment amount allocated to the period during which the land has been used. Remaining investment expenses include:
a/ Land use levy for the period during which the land will not be used in case land is allocated for a definite period of time and land use levy has been prepaid for the period during which land will not be used (evidenced by documents and invoices on payment);
b/ Expenses for ground leveling and refurbishment of the allocated or leased land according to the land use purpose. In case of land recovery in which land compensation has been paid, expenses for ground leveling and land refurbishment will not be compensated.
c/ Other related expenses.
Provincial-level People’s Committees shall stipulate the determination of remaining investment expenses in case of unavailability of dossiers or documents evidencing such expenses as suitable to local practical conditions.
Article 6. Compensation for agricultural land of households and individuals
Compensation for agricultural land of households and individuals shall be paid under Article 16 of Decree No. 69/2009/ND-CP specifically as follows:
1. Agricultural land eligible for compensation includes land under annuals, land under perennials, land under planted production forests, aquaculture land, salt-making land, and other agricultural land.
2. For land for which the planning on protection forests and special-use forests has been approved by a competent state agency and on which organizations, households and individuals undertake to zone off for reforestation, tending, protection or planting with state budget capital under contracts, compensation will not be paid for land but only for plants on land in case of land recovery by the State. The levels of compensation are equivalent to those of product sharing specified in Joint Circular No. 80/2003/TTLT/BNN-BTC of September 3. 2003, of the Ministry of Agriculture and Rural Development and the Ministry of Finance, guiding the Prime Minister’s Decision No. 178/2001/QD-TTg of November 12, 2001, on benefits and obligations of households and individuals that are allocated, leased or contracted forests and forestland.
Article 7. Compensation for residential land
1. Persons having residential land recovered will receive compensation in new residential land or resettlement houses or cash based on the value of land use rights at the time of issuance of land recovery decisions.
Compensation in residential land or resettlement houses shall be paid to persons having land recovered who fall in any of the cases specified in Article 18 of this Circular.
2. In case compensation in residential land is paid to those sharing land use rights under Article 15 of Decree No. 197/2004/ND-CP in case of land recovery by the State while land-related papers do not show the land area under the private use right of each organization, household or individual, the provincial-level People’s Committee shall guide the receipt and division of land compensation amounts.
Article 8. Compensation for land within safety corridors in case of building works with safety corridors
Compensation for damage due to land use restriction in case the State does not recover land under Clause 2, Article 16 of Decree No. 197/2004/ND-CP is specified as follows:
1. In case land use purposes are changed:
a/ For residential land converted into non-agricultural land other than residential land or into agricultural land, compensation will equal (=) the difference between the residential land price and the non-agricultural land (other than residential land) price, or between the residential land price and the agricultural land price, multiplied by (x) the land area subject to use purpose change;
b/ For non-agricultural land (other than residential land) converted into agricultural land, compensation will equal (=) the difference between the non-agricultural land (other than residential land) price and the agricultural land price, multiplied by (x) the land area subject to use purpose change.
2. In case the land use purpose is not changed (houses and works are allowed to exist within the works’ safety corridors) but the land use is restricted, compensation will be paid in cash based on the actual damage. Provincial-level People’s Committees shall decide on specific levels of compensation to suit local practical conditions.
3. When the safety corridor of a work will occupy over 70% of the used land area with the house and work of a land user, compensation must also be paid for the remaining land area under Clauses 1 and 2 of this Article.
Article 9. Handling of cases in which organizations have land recovered without receiving compensation under Article 17 of Decree No. 197/2004/ND-CP
For administrative and non-business agencies and units of the State or companies with 100% state capital that are leased or allocated land by the State without having to pay land use levy or allocated land with payment of land use levy or transferred land use rights and pay land use levy or money for the transferred land use rights from the slate budget, when the State recovers such land, they are only entitled to compensation for remaining investment expenses under Clause 2, Article 5 of this Circular provided those expenses are of non-state budget origin, but not to land compensation. If these agencies, units or companies have to be relocated, they are entitled to support in cash for implementing approved investment projects in the new places. The maximum level of support is equivalent to the level of compensation for the land area at the recovered site.
Organizations having land recovered may use this cash amount for compensation and investment in the new places under approved projects, and shall remit any unused amount into the state budget in accordance with the Stat Budget Law.
Section 2. COMPENSATION FOR ASSETS
Article 10. Handling of specific cases of compensation or support for houses or works
The handling of cases of compensation or support for houses or works under Article 20 of Decree No. 197/2004/ND-CP is specified as follows:
1. For houses and other works permitted under the construction law to be built on land eligible for compensation, compensation will be paid under Article 24 of Decree No. 69/2009/ND-CP.
2. For houses and other works which are not permitted to be built under the construction law but were built on land eligible for compensation before July 1, 2004, compensation will be paid under Article 24 of Decree No. 69/2009/ND-CP Compensation will not be paid to these houses or works if they were built on or after July 1, 2004, not according to land use purposes under law. In special cases, provincial-level People’s Committees may consider and provide support on a case-by-case basis to suit local practical conditions.
Article 11. Compensation and support for houses and works to current users of houses under state ownership
Compensation and support for houses and works to current users of houses under state ownership comply with Article 21 of Decree No. 197/2004/ND-CP and are specified as follows:
1. Under Clause 1 of Article 21, the area of a house under state ownership which is refurbished, repaired or upgraded will be regarded as lawful when such refurbishment, repair or upgrading is permitted by the agency issuing the house allocation decision or the local agency managing houses and land under state ownership.
2. Under Clause 2 of Article 21, when houses under state ownership are dismantled, their current users may rent houses in resettlement areas. If no resettlement houses are available, they may receive cash amounts for seeking new residence, which is equal to 60% of the land value and 60% of the value of houses they rent. If resettlement houses are available but current users of houses under state ownership do not wish to rent those houses, they will not be entitled to cash amounts.
Article 12. Compensation for plants and animals
Compensation for plants and animals complies with Article 24 of Decree No. 197/2004/ND-CPand is specified as follows:
1. The level of compensation for annuals equals the value of the harvested yield per season. The value of yield per season shall be calculated based on the highest yield of major plants during three (3) straight previous years in a locality, calculated at the average price of farm produce of the same kind in that locality at the time of land recovery.
2. For perennials, including industrial trees, fruit trees, timber trees, trees for leaves and forest trees under Clause 1. Article 2 of the Government’s Decree No. 74/CP of October 25, 1993, detailing the Law on Agricultural Land Use Tax, in case of land recovery by the State, compensation will be paid based on the current value of gardens, excluding the value of land use rights. The current value of perennials gardens used for compensation calculation is determined as follows:
a/ For perennials which are currently in the investment cycle or capital construction period, it is the total of the initial investment expense and tending expense by the time of land recovery, calculated in cash at the local market price;
b/ For perennials to be harvested once (timber trees) which are currently in the harvest period, it equals (=) the quantity of trees of each kind multiplied by (x) the selling price of one (1) tree of the same kind, age, size or productivity on the local market at the time of compensation minus (-) the recovered value (if any);
c/ For perennials to be harvested many times (such as fruit trees, oily and resinous trees, etc.) which are currently in the harvest period, it is the selling price of the gardens on the local market at the time of compensation minus (-) the recovered value (if any);
d/ For perennials due to be liquidated, compensation will be paid only for the felling expense to the tree garden owner.
Initial investment, tending and felling expenses under this Clause shall be calculated in cash at the local average expense level specified by the provincial-level People’s Committee for each kind of tree.
3. For plants and subsidiary forest products on the area of barren land and bare hills allocated by the State to households and individuals that have invested their capital in forest planting, zoning off. protection and regeneration, compensation will be paid based on the local forest-gate selling price of felled forest trees of the same kind at the time of issuance of land recovery decisions, minus (-) the recovered value (if any).
Article 13. Handling of compensation for assets under state ownership
The use of compensation for assets under state ownership under Article 25 of Decree No.197/2004/ND-CP is specified as follows:
When organizations having assets allocated by the State for management and use suffer asset damage and have to move to new places upon land recovery, they may use compensation for damaged assets for investment in the new places under approved investment projects. Persons allocated or leased land by the State shall pay such compensation. These organizations shall remit any unused compensation money into the state budget.
Section 3. SUPPORT POLICIES
Article 14. Life and production stabilization support
The currently used agricultural land area for determining life and production stabilization support and support beneficiaries under Article 20 of Decree No. 69/2009/ND-CP are specified as follows:
1. Beneficiaries of life and production stabilization support are households and individuals directly engaged in agricultural production, including:
a/ Households and individuals that are allocated agricultural or forest land under the Government’s Decree No. 64/CP of September 27, 1993, promulgating the Regulation on allocation of agricultural land to households and individuals for stable and long-term agricultural production; Decree No. 02/CP of January 15, 1994. promulgating the Regulation on allocation of forestland to organizations, households and individuals for stable and long-term silviculture; Decree No. 85/1999/ND-CPof August 28,1999, amending and supplementing a number of articles of the Regulation on allocation of agricultural land to households and individuals for stable and long-term agricultural production, and additionally allocating salt-making land to households and individuals for stable and long-term use; Decree No. 163/1999/ND-CP of November 16, 1999, on allocation and lease of forestland to organizations, households and individuals for stable and long-term silviculture; and Decree No. 181/2004/ND-CP of October 29, 2004, on the implementation of the Land Law;
b/ Agricultural production members of households defined at Point a of this Clause after the time of allocation of agricultural land to those households;
c/ Households and individuals that are eligible for agricultural land allocation under Point a of this Clause but have not yet been allocated agricultural land and are using agricultural land transferred, inherited, donated or reclaimed under law, and commune-level People’s Committees of the localities where exists the recovered land certify that these households and individuals are directly conducting production on such agricultural land.
2. The agricultural land area currently used by households and individuals under Clause 1, Article 20 of Decree No. 69/2009/ND-CP including areas for annuals and perennials, areas allocated for planting production forests, aquaculture land, salt-making land and other agricultural land, is determined as follows:
a/ For agricultural land with land-use right papers (land use right certificates or papers specified in Clauses 1, 2 and 5, Article 50 of the Land Law), the agricultural land area is the land area indicated on those papers;
b/ For agricultural land without land-use right papers which is indicated in agricultural land allocation plans under Point a. Clause 1 of this Article, the agricultural land area shall be determined under these plans;
c/ For agricultural land without land-use right papers or land allocation plans specified at Points a and b of this Clause, the agricultural land area shall be determined based on the actual land-use status.
3. When economic organizations or production and business households that have registered business have their land recovered by the State and. as a result, cease their production and business activities, they are entitled to support not exceeding 30% of one (1) year’s post-tax income, calculated based on the average income of the three (3) straight previous years. Post-tax income shall be determined based on audited or tax agency-approved financial statements. If these statements have not yet been audited, or approved by tax agencies, post-tax income shall be determined based on post-tax income declared by the units in their year-end financial statements or production and business reports submitted to tax agencies.
Article 15. Determination of residential areas for support calculation with regard to agricultural land in residential areas
1. Residential areas in townships and rural residential areas defined in Clauses 1 and 2, Article 21 of Decree No. 69/2009/ND-CP are determined according to boundaries of outermost land lots with houses of villages, hamlets or similar residential quarters.
2. Provincial-level People’s Committees shall, based on local practical conditions, specify the determination of boundaries of outermost land lots with houses specified in Clause 1 of this Article.
Article 16. Job change and creation support Job change and creation support comply with Article 22 of Decree No. 69/2009/ND-CP and is specified as follows:
1. Households and individuals defined in Clause 1, Article 14 of this Circular that have agricultural land recovered but do not fall into the cases specified in Clauses 1 and 2, Article 21 of Decree No. 69/2009/ND-CP are entitled to job change and creation support.
2. The job change and creation support equal to one (1) residential land ration or one (1) condominium apartment or one (1) non-agricultural production and business land ration will be provided only once when the following conditions are fully satisfied:
a/ The support-eligible household or individual wishes to receive the residential land ration or condominium apartment or non-agricultural production and business land ration;
b/ The locality has land and house funds;
c/ The job change and creation support in cash under Point a, Clause 1, Article 22 of Decree No.69/2009/ND-CP must be equal to or larger than the value of one (1) residential land ration or the price of one (1) condominium apartment or the value of one (1) non-agricultural production and business land ration.
3. The collection of comments of persons having agricultural land recovered on job training and change plans shall be conducted simultaneously with the collection of comments on compensation, support and resettlement plans. The form of collection is the same as that for compensation, support and resettlement plans under Clause 2, Article 30 of Decree No. 69/ 2009/ND-CP.
Article 17. Support for current tenants of houses under non-state ownership
Support for current tenants of houses under non-state ownership under Article 30 of Decree No.197/2004/ND-CP is specified as follows:
When the State recovers land, households and individuals currently renting under contracts houses under non-state ownership that have to remove are entitled to removal expense support under Clauses 1 and 4, Article 18 of Decree No. 69/2009/ND-CP.
Section 4. RESETTLEMENT
Article 18. Cases eligible for resettlement
Households and individuals having residential land recovered by the State may be arranged resettlement places in the following cases:
1. They have to remove as a result of residential-land recovery and have no other places of residence within communes, wards or townships where exists recovered land (unless they do not wish to resettle).
2. They have land recovered while the remaining land area is unsuitable for residence under regulations of provincial-level People’s Committees and have no other places of residence within communes, wards or townships where exists recovered land.
3. Those with residential land within safety corridors of public works that have to remove and have no other places of residence within communes, wards or townships where exists recovered land.
4. In case different generations (different couples) live together in a household while all the conditions for separation into different households are satisfied, or different households have the common right to use one (1) land lot to be recovered, the provincial-level People’s Committee shall, based on local practical conditions, specify the areas of land and house for resettlement arrangement.
Article 19. Resettlement arrangement
Resettlement arrangement complies with Article 34 of Decree No. 197/2004/ND-CP and is specified as follows:
1. Resettlement arrangement plans shall be publicized. For projects with available resettlement areas, households and individuals may have a look at resettlement areas before they move in.
2. The provincial-level People’s Committee shall decide on land prices used for collecting land use levy in resettlement areas according to the Governments regulations on methods of determining land prices and price brackets of land of different categories: selling prices of resettlement houses based on the house investment ration and local practical conditions: and house lease prices to suit local practical conditions.
Households and individuals that are allocated land or purchase or rent houses in resettlement areas shall pay land use levy, house purchase money or land rents under law and may have such levy, rents or money deducted from compensation and support amounts; the difference (if any) shall be paid in cash under regulations, unless these households and individuals are entitled to resettlement support under Clause 1, Article 19 of Decree No. 69/ 2009/ND-CP.
Section 5. ORGANIZATION OF COMPENSATION, SUPPORT AND RESETTLEMENT
Article 20. General plan on compensation, support and resettlement
1. The general plan on compensation, support and resettlement constitutes part of an investment project, formulated by the investor and approved together with the investment project. In case an investment project is not required to be submitted to a competent state agency for approval or when an investment certificate is not required for such project, the district-level People’s Committee of the locality where exists the land in question shall consider and approve the general plan on compensation, support and resettlement. The compensation and ground clearance organization shall assist the investor in formulating the general plan on compensation, support and resettlement.
2. A general plan on compensation, support and resettlement contains the following details:
a/ Areas of land of different categories to be recovered;
b/ Total land users within the area of land to be recovered:
c/ Projected compensation and support amount;
d/ Arrangement of resettlement (projected needs, locations and form of resettlement);
e/ Tentative time of and plan on relocation and ground handover.
Article 21. Separation of compensation, support and resettlement issues into a sub-project
The separation of compensation, support and resettlement issues into a sub-project for independent implementation complies with Clause 1, Article 33 of Decree No. 69/2009/ND-CPand is specified as follows:
1. The time of separating compensation, support and resettlement issues into a sub-project is the time of approving an investment project.
2. An approved sub-project on compensation, support and resettlement may be implemented independently but must ensure the investment project’s implementation schedule.
Article 22. Evaluation and approval authorization of compensation, support and resettlement plans
The evaluation and approval of compensation, support and resettlement plans comply with Articles 30 and 31 of Decree No. 69/2009/ND-CP more specifically:
1. The compensation and ground clearance organization shall make a compensation, support and resettlement dossier, comprising:
a/ A complete compensation, support and resettlement plan under Clause 3, Article 30 of Decree No. 69/2009/ND-CP;
b/ A sheet of comments of persons having land recovered.
2. The compensation, support and resettlement dossier specified in Clause 1 of this Article shall be sent to the provincial-level Natural Resources and Environment Department, if land recovery involves two (2) or more urban districts, rural districts, towns or provincial cities; or to the district-level Natural Resources and Environment Section, if land recovery involves only one (1) district-level administrative unit.
3. Contents to be evaluated:
a/ Name and address of the person having land recovered;
b/ Area, type, location and origin of the recovered land; quantity, volume, and percentage of the residual quality, of damaged assets;
c/ Bases for calculating the compensation and support amount, such as land, house or work price used for compensation calculation, number of household members, number of laborers in working age, and number of social policy beneficiaries;
d/ Compensation and support amount;
e/ Arrangement of resettlement;
f/ Relocation of works of the State, organizations, religious establishments or population communities;
g/ Relocation of graves.
4. Funds for the formulation and evaluation of projects’ compensation, support and resettlement plans come from funds for organizing compensation, support and resettlement in case of land recovery by the State under Article 26 of Decree No. 69/2009/ND-CP.
5. Based on local practical conditions and projects’ characteristics and sizes, provincial-level People’s Committees may authorize district-level People’s Committees to approve compensation, support and resettlement plans, ensuring quick and effective compensation, support and resettlement.
Article 23. Hiring providers of compensation and ground clearance services
The hiring of enterprises or organizations with the function of providing compensation and ground clearance services under Clause 3, Article 25 of Decree No. 69/2009/ND-CP is specified as follows:
1. Compensation and ground clearance services include:
a/ Surveying and drawing maps; making copies of maps and cadastral dossiers (or measuring, and making dossiers of, land lots in case cadastral dossiers are unavailable or no longer suitable to practical conditions);
b/ Making compensation, support and resettlement plans;
c/ Formulating and implementing projects to build resettlement areas;
d/ Other related services.
2. In case of setting up district-level compensation, support and resettlement councils, the hiring of enterprises or organizations to provide compensation and ground clearance services complies with the following regulations:
a/ District-level compensation, support and resettlement councils shall request in writing district-level People’s Committees to decide on the hiring of enterprises or organizations to provide compensation and ground clearance services;
b/ Enterprises or organizations providing compensation and ground clearance services shall satisfy all the conditions prescribed by law.
Section 6. EXPENSES FOR COMPENSATION, SUPPORT AND RESETTLEMENT AND COERCIVE RECOVERY OF LAND
Article 24. Estimates of expenses for compensation, support and resettlement and coercive recovery of land
1. The compensation and ground clearance organization shall make estimates of expenses for compensation, support and resettlement, including:
a/ Expense for propagation and dissemination of land recovery decisions and the law on compensation in case of land recovery by the State; mobilization of entities to execute land recovery decisions, and survey on the socio­economic situation and actual state of land and assets under the project;
b/ Expense for inventory and assessment of actually damaged land and assets, such as delivery of declaration forms and provision of guidance on declaration to damage sufferers; survey of land area, and inventory of the quantity and value of damaged houses, architectures, crops and other assets of each organization, household or individual in case of land recovery by the State: examination and cross-check between declaration forms and results of inventory and determination of the extent of damage for each entity having land recovered; and calculation of the value of damage in land, houses, architectural objects, crops or other assets;
c/ Expense for formulation of the compensation, support and resettlement plan, covering the calculation of compensation norms, approval of the compensation plan, and public notification of the compensation, support and resettlement plan;
d/ Expense for evaluation of the compensation, support and resettlement plan;
e/ Expense for examination of and guidance on the implementation of regulations on compensation, settlement of problems arising in compensation work and payment;
f/ Expense for renting offices and working facilities of the compensation and ground clearance and evaluation agency (if any);
g/ Expense for printing and stationery;
h/ Payment of salaries and social insurance premiums for personnel hired for the compensation, support and resettlement work;
i/ Other expenses directly related to the organization of compensation, support and resettlement.
2. Agencies competent to approve compensation plans shall approve estimates and decide on funds for organizing compensation, support and resettlement under Clause 2, Article 26 of Decree No. 69/2009/ND-CP
3. In case of coercive recovery of land, the compensation and ground clearance organization shall make estimates of funds for coercive recovery and submit them to the agency competent to approve compensation, support and resettlement plans for decision. Funds for coercive recovery of land shall be included in projects’ investment capital.
4. The compensation and ground clearance organization may advance funds for organizing compensation, support and resettlement in order to perform its assigned tasks. Funds for organizing compensation, support and resettlement shall be paid and finalized under law.
Chapter III

ORDER OF AND PROCEDURES FOR LAND RECOVERY, ALLOCATION AND LEASE

Article 25. Order of and procedures for land recovery, allocation and lease
The order of and procedures for land recovery, allocation and lease comply with Articles 29. 30 and 31 of Decree No. 69/2009/ND-CP; some of these provisions are specified in Articles 26 thru 29 of this Circular.
Article 26. Land recovery notices
1. Based on results of processing investment dossiers, provincial-level People’s Committees or authorized district-level People’s Committees shall issue land recovery notices. A land recovery notice must indicate:
a/ The details specified in Clause 2, Article 29 of Decree No. 69/2009/ND-CP;
b/ Assignment to the compensation and ground clearance organization to perform compensation, support and resettlement work;
c/ Permission for the investor to conduct survey and formulate an investment project.
2. The provincial- or district-level People’s Committee’s land recovery notice serves as a legal basis for the compensation and ground clearance organization and investor to perform the jobs specified at Points b and c. Clause 1 of this Article.
Article 27. Evaluation and certification of land use demands
The evaluation and certification of land use demands under Clause 2, Article 27 of Decree No.69/2009/ND-CP are specified as follows:
1. Evaluation of land use demands under an investment project covers:
a/ Assessment of conformity with the approved land use planning and plan; or assessment of conformity with the approved urban construction planning or planning on construction of rural residential quarters, in case the land use planning or plan has not yet been approved;
b/ Assessment of the project’s land use demand under current regulations on land use criteria and norms. For a project for which regulations on land use criteria and norms are unavailable yet, the evaluating agency shall conduct assessment based on the project’s size and characteristics and the local land fund.
2. Contents of certification of land use demands in case the formulation of investment projects is not required comply with Point a. Clause 1 of this Article and requirements on land use area and purposes and local land funds.
Article 28. Land allocation and lease dossiers
1. An applicant for the allocation or lease of land for implementing an investment project shall make a dossier and send two sets thereof to the provincial-level Natural Resources and Environment Department, each comprising:
a/ Written request (or application) for land allocation or lease;
b/ Approved investment project;
For a project on exploration or exploitation of minerals, construction materials, porcelain or pottery, the competent state agency’s license is required under law.
The applicant for the allocation of land for defense and security purposes is not required to submit an investment project but shall submit an extracted copy of the competent state agency’s decision on investment in building a defense and security work, containing land use-related details, or the decision approving the planning on locations of stations of the forces of the Ministry of National Defense or the Ministry of Public Security;
c/ Copy of the land lot’s cadastral map;
d/ Evaluated compensation, support and resettlement plan; in case this plan falls within the approving competence of the provincial-level People’s Committee, it shall be evaluated simultaneously with the land allocation or lease dossier.
Provincial-level Natural Resources and Environment Departments shall evaluate land allocation and lease dossiers for submission to provincial-level People’s Committees for decision.
2. In case the land allocation and lease fall within the competence of district-level People’s Committees, applicants for land allocation or lease shall make dossiers and send two sets thereof to district-level Natural Resources and Environment Sections, each comprising:
a/ Application for land allocation or lease:
b/ Commune-level People’s Committee’s written certification of the land use demand;
c/ Copy of the land lot’s cadastral map;
d/ Compensation, support and resettlement plan.
District-level Natural Resources and Environment Sections shall evaluate land allocation or lease dossiers simultaneously with compensation, support and resettlement plans for submission to district-level People’s Committees for decision.
Article 29. Land handover
1. When receiving compensation and support money and being arranged a resettlement place, the person having land recovered shall submit the originals of land use right certificates and certificates of ownership of assets attached to land (if any) to the compensation and ground clearance organization for transfer to the natural resources and environment agency to carry out procedures for revoking, adjusting or issuing a certificate for the land area not recovered.
2. Within twenty (20) days after being fully paid the compensation and support money, the person having land recovered shall hand over land to the compensation and ground clearance organization.
The handover of land between the compensation and ground clearance organization and the person having land recovered must be made in a record certified by the commune-level People’s Committee of the locality where the recovered land exists. If wishing to authorize another person to receive compensation, the eligible person shall make a paper of authorization in accordance with law.
Chapter IV

ORGANIZATION OF IMPLEMENTATION

Article 30. Implementation provisions
1. This Circular takes effect on November 16, 2009.
2. This Circular replaces the following circulars:
a/ The Finance Ministry’s Circular No. 116/2004/TT-BTC of December 7, 2004, guiding the Government’s Decree No. 197/2004/ND-CP of December 3, 2004, on compensation, support and resettlement in case of land recovery by the State;
b/ The Finance Ministry’s Circular No. 69/2006/TT-BTC of August 2, 2006, amending and supplementing Circular No. 116/2004/TT-BTC of December 7, 2004, which guides the Government’s Decree No. 197/2004/ND-CP of December 3.2004, on compensation, support and resettlement in case of land recovery by the State.
3. To annul Parts VII and IX of Joint Circular No. 14/2008/TTLT/BTC-BTNMTof January 31, 2008. of the Ministry of Finance and the Ministry of Natural Resources and Environment, guiding a number of articles of the Government’s Decree No. 84/2007/ND-CP of May 25. 2007, which additionally provides for issuance of land use right certificates, land recovery, exercise of land use rights, order of and procedures for compensation, support and resettlement in case of land recovery by the State, and settlement of land-related disputes.
4. Provincial-level People’s Committees shall:
a/ Specify the mechanism of coordination and information provision among natural resources and environment, planning and investment, construction, finance and other concerned agencies as well as district- and commune-level People’s Committees in compensation, support and resettlement work; and order of land recovery, allocation and lease for carrying out administrative reform under the “one-stop shop” mechanism;
b/ Specify the time for taking steps in carrying out land recovery, allocation or lease procedures suitable to the time limit for notifying land recovery under Clause 2, Article 39 of the Land Law;
c/ Set up land fund development organizations. Compensation and ground clearance organizations other than land fund development organizations which are operating in localities shall be converted into land fund development organizations.
5. The General Director of the Land Management Directorate shall guide, inspect and urge the implementation of this Circular.
Provincial-level People’s Committees should promptly report any problems arising in the course of implementation of this Circular to the Ministry of Natural Resources and Environment for guidance on settlement.
 

The post Circular No. 14/2009/TT-BTNMT of October 01, 2009, detailing the compensation, support and resettlement and order of and procedures for land recovery, allocation and lease appeared first on MP Law Firm.

THE GOVERNMENT
——-

SOCIALIST REPUBLIC OF VIET NAM
Independence – Freedom – Happiness
———

No. 69/2009/ND-CP

Hanoi,  August 13, 2009

DECREE

ADDITIONALLY PROVIDING FOR LAND USE PLANNING, LAND PRICES, LAND RECOVERY, COMPENSATION, SUPPORT AND RESETTLEMENT

THE GOVERNMENT

Pursuant to the December 25, 2001 Law on Organization of the Government;
Pursuant to the November 26, 2003 Land Law;
At the proposal of the Minister of Natural Resources and Environment,

DECREES:

Chapter I

GENERAL PROVISIONS

Article 1. Scope of regulation
This Decree additionally provides for land use planning and plans; land recovery, compensation, support and resettlement in case of land recovery by the State; land prices; land allocation and lease; issuance of certificates of land use rights and ownership of houses and other assets attached to land, and land use duration extension.
Article 2. Subjects of application
1. Agencies performing the state management of land, and agencies, organizations and individuals involved in land management.
2. Land users and organizations and individuals related to land use.
Chapter II

SPECIFIC PROVISIONS

Section 1. LAND USE PLANNING
Article 3. Contents of national-level land use planning
1. A national-level land use planning covers:
a/ Determining the area of land for agricultural purposes, clearly identifying areas for wet rice cultivation, protection forests, special-use forests and nature reserves:
b/ Determining the area of land for non-agricultural purposes, clearly identifying areas for defense, security, urban development, disposal and landfill of hazardous wastes, industrial parks, development of infrastructure works of national importance, and relics, spots of beauty and scenic places;
c/ Making national-level land use planning maps;
d/ Solutions for implementing the land use planning.
2. The Government shall submit to the National Assembly for decision targets of the national-level land use planning.
Article 4. Contents of provincial-level land use planning
1. A provincial-level land use planning covers:
a/ Specifically indicating areas of land of different categories in the province which have been allocated under the national-level land use planning;
b/ Determining areas of land of different categories to meet the province’s socio-economic development needs, including land for perennials, land for production forests and land for intensive aquaculture; land for building the province’s working offices and non-business works; land for provincial-level infrastructure development: land for disposal and landfill of hazardous wastes; land for mining activities: land of religious and belief establishments; provincially managed land for cemeteries; land for relics, spots of beauty and scenic places, and land for tourist zones;
c/ Areas of land of different categories subject to permission of competent state agencies upon change of use purposes to meet the province’s needs:
d/ Determining unused land areas to be put into use;
e/ Making provincial-level land use planning maps;
f/ Solutions for implementing the land use planning.
2. Provincial-level People’s Committees shall submit to the Government for approval targets of their provincial-level land use plannings.
Article 5. Contents of district-level land use planning
1. A district-level land use planning covers:
a/ Specifically indicating areas of land of different categories in the district which have been allocated under the provincial-level land use planning;
b/ Determining areas of land of different categories to meet the district’s socio-economic development needs, including land for non-intensive aquaculture; land for salt-making; land for rural residential areas; land for building the district’s working offices and non-business works; land for disposal and burial of hazardous wastes: land for production and business establishments; land for manufacturing building materials, porcelain and china: land for development of the district’s infrastructure; land with special-use water surface; and district-managed land for cemeteries;
c/ Areas of land of different categories subject to permission of competent state agencies upon change of use purposes to meet the district’s needs;
d/ Determining unused land areas to be put into use;
e/ Making district-level the land use planning maps;
f/ Solutions for implementing the land use planning.
2. District-level People’s Committees shall submit to provincial-level People’s Committees for approval targets of their district-level land use plannings.
Article 6. Contents of commune-level land use planning
1. A commune-level land use planning covers:
a/ Determining areas of land of different categories in the commune which have been allocated under the district-level land use planning;
b/ Determining areas of land of different categories to meet the commune’s socio­economic development needs, including land for upland rice cultivation, land for planting other annual trees and other agricultural land: land for building the commune’s working offices and non-business works; commune-managed land for cemeteries; lake and stream land; land for the commune’s infrastructure development and other non-agricultural land;
c/ Areas of land of different categories subject to permission of competent state agencies upon change of use purposes to meet the commune’s needs;
d/ Making commune-level land use planning map;
e/ Solutions for implementing the land use planning.
2. Commune-level People’s Committees shall submit to district-level People’s Committees for approval targets of their communes’ land use planning outside areas planned for urban development.
District-level People’s Committees shall submit to provincial-level People’s Committees for approval targets of land use plannings of wards, townships and communes within areas planned for urban development.
Article 7. Detailed land use plannings and. plans of hi-tech parks and economic zones
1. Detailed land use plannings and plans of hi-tech parks and economic zones shall be expressed in their detailed construction plannings.
2. The Ministry of Construction shall coordinate with the Ministry of Natural Resources and Environment in guiding contents of detailed construction plannings of hi-tech parks and economic zones specified in Clause 1 of this Article.
Article 8. Formulation of land use plannings and plans
1. Formulation of national-level land use plannings and plans
a/ The Ministry of Agriculture and Rural Development shall propose demands for use of wet rice land, special-use forest land, protection forest land and nature reserve land, and allocate these land areas to each province or city on the basis of the sector’s planning;
b/ The Ministry of National Defense and the Ministry of Public Security shall coordinate with provincial-level People’s Committees in identifying demands for use of land for defense and security purposes in provinces and cities;
c/ Other ministries and branches shall propose demands for use of land for national important works and allocate these land areas to each province on the basis of their development strategies and planning;
d/ Provincial-level People’s Committees shall coordinate with ministries and branches in identifying land use demands of each ministry or branch in their localities;
e/ The Ministry of Natural Resources and Environment shall make national-level land use plannings and plans on the basis of balancing land use demands specified at Points a, b. c and d of this Clause and determining these demands in each province.
2. The Ministry of Natural Resources and Environment shall guide the formulation of provincial-, district- and commune-level land use plannings and plans.
3. For localities where no People’s Council is organized, their People’s Committees shall make land use plannings and plans and submit them to competent state agencies for approval.
Article 9. Evaluation of land use plannings and plans
1. The Ministry of Natural Resources and Environment shall formulate national-level land use plannings and plans and submit them to the Government for further submission to the National Assembly to decide on targets of national-level land use plannings.
2. The Ministry of Natural Resources and Environment shall take charge of evaluating plannings and plans on the use of land for defense and security purposes and provincial-level land use plannings and plans.
3. Provincial-level Natural Resources and Environment Departments shall take charge of evaluating district-level land use plannings and plans; and land use plannings and plans of wards, townships and communes within areas planned for urban development.
4. District-level Natural Resources and Environment Sections shall take charge of evaluating land use plannings and plans of communes outside areas planned for urban development.
5. Agencies in charge of evaluating land use planning and plans defined in Clauses 1, 2 and 3 of this Article shall set up evaluation councils or consult organizations, experts and scientists.
When necessary, agencies in charge of evaluating land use plannings and plans shall organize field trips to inspect and survey areas whose use purposes are expected to be changed, especially the change of the use purpose of land for wet rice cultivation, land for protection forests and land for special-use forests.
6. Contents of evaluation of a land use planning
a/ Legal and scientific grounds for making the land use planning;
b/ Conformity of land use planning alternatives with the national strategy and master plan on socio-economic development, defense and security; and development plannings of branches and localities:
c/ Socio-economic and environmental impacts ;
d/ Feasibility of land use planning alternatives.
7. Contents of evaluation of a land use plan
a/ Conformity of the land use plan with the land use planning;
b/ Conformity of the land use plan with the State’s five-year and annual socio-economic development plan;
c/ Feasibility of land use plans.
8. In special cases in which the use purpose of land for wet rice cultivation, land for special-use forests or land for protection forests needs to be changed, such change must be reported to the Minister of Natural Resources and Environment for consideration and submission to the Prime Minister for decision.
9. Funds for evaluating land use plannings and plans constitute a separate item in the funds for formulating land use plannings and plans.
Article 10. Implementation of land use plannings and plans
1. Provincial-level People’s Committees shall direct and inspect district- and commune-level People’s Committees in specifically determining areas and boundaries of land for wet rice cultivation, land for special-use forests and land for protection forests on the field.
Chairpersons of provincial-level People’s Committees shall take responsibility before the Prime Minister for the protection of land areas for wet rice cultivation, special-use forests and protection forests already determined in land use plannings or plans.
2. The Ministry of Natural Resources and Environment shall take responsibility before the Government for inspecting the achievement of targets of national- and provincial-level land use plannings and plans.
Section 2. LAND PRICES
Article 11. Re-determination of land prices in some specific cases
1. When the State allocates land with collection of land use levy not through auctioning land use rights or bidding for land-using projects, leases land or approves plans on compensation, support and resettlement in case of land recovery by the State, and when equitized state enterprises select the form of land allocation but land prices set by provincial-level People’s Committees at the time of land allocation or lease, land recovery decision, or inclusion of land prices in the value of the equitized enterprises are not close to actual market prices of land-use right transfer under normal conditions, provincial-level People’s Committees shall, based on actual market prices of land-use right transfer, re-determine specific land prices as appropriate.
2. Specific land prices re-determined under Clause 1 of this Article are not restricted notwithstanding the provisions of Clause 5, Article 1 of the Government’s Decree No.123/2007/ND-CP of July 27, 2007, amending and supplementing a number of articles of Decree No. 188/2004/ND-CP of November 16, 2004, on methods of determining land prices and price brackets of land of different categories (below referred to as Decree No. 123/2007/ND-CP).
Article 12. Land rent rates
1. The annual land rent rate is equal to 0.5%-2% of the land price, depending on use purposes of leased land as decided by the provincial-level People’s Committees.
2. For land in deep-lying, remote, highland or island areas or areas with socio-economic difficulties or extreme difficulties, provincial-level People’s Committees may decide to promulgate land rent rates lower than prescribed ones, which must at least equal 0.25% of land prices, depending on use purposes of leased land as decided by provincial-level People’s Committees.
3. Land rent rates in case of auction of leased-land use rights or bidding for leased land-using projects are auction-winning unit prices.
Article 13. Land rents in case of lump-sum payment for the whole lease term
For those who are leased land by the State and pay land rents in a lump sum for the whole lease term, the land rent to be paid in a lump sum for using land in this case will equal the land use levy to be paid in case of allocation of land with collection of land use levy for the same use purpose and use duration.
Section 3. COMPENSATION, SUPPORT AND RESETTLEMENT
Article 14. Compensation and support principles
1. Compensation will be paid to current users of land recovered by the State who fully satisfy the conditions specified in Clauses 1, 2, 3, 4, 5, 7, 9, 10 and 11, Article 8 of the Government’s Decree No. 197/2004/ND-CP of December 3. 2004. on compensation, support and resettlement in case of land recovery by the State (below referred to as Decree No. 197/2004/ND-CP) and Articles 44, 45 and 46 of the Government’s Decree No. 84/2007/ND-CP of May 25, 2007, additionally providing for the issuance of land use right certificates, land recovery, exercise of land use rights, order of and procedures for compensation, support and resettlement in case of land recovery by the State, and settlement of land-related complaints (below referred to as Decree No.84/2007/ND-CP) For land users who are ineligible for compensation, provincial-level People’s Committees shall consider these cases in order to provide support.
2. Land used for a certain purpose which is recovered by the State shall be compensated with new land with the same use purpose. If no land is available for compensation, compensation equal to the value of land use rights calculated based on land prices at the time of land recovery decision will be paid. In case land is compensated with new land or residential land or a house for resettlement, any difference in value shall be paid in cash as follows:
a/ In case the compensation and support amount is larger than the residential land use levy or the price of a house in the resettlement area, the re-settler is entitled to receive the difference:
b/ In case the compensation and support amount is smaller than the residential land use levy or the price of a resettlement house, the re-settler shall pay the difference, except the case specified in Clause 1, Article 19 of this Decree.
3. For land users who are entitled to compensation upon land recovery by the State but have not yet fulfilled land-related financial obligations towards the State under law, the amount used to fulfill such financial obligations shall be deducted from the compensation and support amount for payment into the state budget.
4. The State shall earmark part of benefits from the recovery of land and change of land use purposes to provide supports for persons having land recovered under Article 17 of this Decree.
Article 15. Payment of compensation, support and resettlement money
1. Domestic organizations and individuals, overseas Vietnamese and foreign organizations and individuals that are allocated land and pay land use levy or leased land by the State under the land law and advance compensation, support and resettlement money and funds for compensation and ground clearance work under approved plans will have such advance refunded by the state budget through subtracting it from the payable land use levy or land rent. The subtracted amount must not exceed the payable land use levy or land rent.
2. For domestic organizations and individuals, overseas Vietnamese and foreign organizations and individuals that are allocated land without or with payment of land use levy or leased land by the State under the land law and are exempted from land use levy or land rent, their compensation, support and resettlement money and funds for compensation, support and resettlement work under approved plans will be included in their projects’ investment capital.
Article 16. Compensation for agricultural land
1. Households and individuals having their agricultural land recovered by the State are entitled to compensation in land with the same use purpose. If no land is available for compensation, they are entitled to compensation in cash calculated based on the price of land with the same use purpose.
2. For households and individuals having their agricultural land in excess of the prescribed limit recovered, compensation shall be paid as follows:
a/ In case the excessive land area is bequeathed or donated by or transferred from other persons or reclaimed by households or individuals themselves under planning approved by a competent state agency, they are entitled to compensation;
b/ For the excessive land area in cases not defined at Point a of this Clause, they are not entitled to compensation for such land but are only entitled to compensation for remaining investment expenses.
3. In case recovered agricultural land belongs to public-utility land funds of communes, wards or townships, renters of such land are not entitled to compensation for the land but are only entitled to compensation for remaining investment expenses.
4. Households and individuals using land allocated under contracts for agricultural, forestry or aquaculture purpose (excluding land for special-use forests and protection forests) with state-run agricultural or forestry farms are entitled to compensation for remaining investment expenses when having such land recovered by the State.
5. When agricultural land under common use of state-run agricultural or forestry farms, compensation shall be paid for remaining investment expenses if those expenses are of non-state budget origin.
Article 17. Supports
Supports upon land recovery by the State include:
1. Support for relocation and resettlement in case of recovery of residential land;
2. Support for life and production stabilization, and support for job-change training and job creation in case of recovery of agricultural land;
3. Support upon recovery of agricultural land in residential areas, or garden or pond land not recognized as residential land;
4. Other supports.
Article 18. Removal support
1. In case of land recovery by the State, removing households and individuals are entitled to financial supports for removal.
2. Organizations which are allocated or leased land by the State or are lawfully using land which have to relocate their production and business establishments in case of land recovery by the State are entitled to financial supports for dismantlement, relocation and installation.
3. Persons who have residential land recovered and have no other places of residence will be provided with makeshift lodgings or house rent support money, pending the creation of new places of residence (moving in resettlement areas).
4. Provincial-level People’s Committee shall specify support levels mentioned in Clauses 1, 2 and 3 of this Article.
Article 19. Resettlement supports
1. Houses and residential land for resettlement are of various grades and areas to suit compensation levels as well as payment capacity of re-settlers.
Households and individuals that have residential land recovered by the State and have no other places of residence will be provided with residential land or houses for resettlement.
In case their compensation and support amount is smaller than the value of a minimum quota, households and individuals receiving residential land or houses for resettlement are entitled to the difference as resettlement support. If refusing to receive residential land or houses in resettlement areas, they are entitled to a cash amount equivalent to such difference.
2. Upon land recovery by the State, removing households and individuals that can arrange places of residence for themselves are entitled to an amount of money equal to the infrastructure investment quota calculated per household in the concentrated resettlement area, unless they have received the resettlement support money specified in Clause 1 of this Article.
3. Provincial-level People’s Committees shall, based on the practical conditions of their localities, prescribe the minimum resettlement quota and support levels specified in Clauses 1 and 2 of this Article.
Article 20. Support for life and production stabilization
1. When the State recovers agricultural land (including garden, pond and agricultural land specified in Clauses 1 and 2, Article 21 of this Decree), agricultural production households and individuals are entitled to support for life stabilization as follows:
a/ Those having 30-70% of the agricultural land area under use recovered are entitled to support for life stabilization for 6 months if they are not required to move out, or 12 months if they are required to move out. If they have to move to areas with socio-economic difficulties or extreme difficulties, the maximum support duration is 24 months;
b/ Those having over 70% of the agricultural land area under use recovered are entitled to support for life stabilization for 12 months in case they are not required to move out. or 24 months in case they are required to move out. If they have to move to areas with socio-economic difficulties or extreme difficulties, the maximum support duration is 36 months;
c/ The level of support for a household member under Points a and b of this Clause will be calculated in cash equivalent to 30 kg of rice for a month at the average price at the time the support is provided in the locality.
2. Economic entities and production and business households having made business registration that have land recovered by the State and have to suspend production and business activities are entitled to the maximum support not exceeding 30% of one year’s post-tax income calculated based on three preceding years’ average income certified by a tax agency.
3. Upon land recovery by the State, households and individuals using land allocated under contracts for agricultural, forestry or aquaculture purpose (excluding land for special-use forests and protection forests) with state-run agricultural or forestry farms who are cadres, workers and employees of those farms and are working, have retired, have ceased working due to working capacity loss or enjoy severance allowances, and are directly engaged in agricultural or forestry production; and contracting households and individuals directly engaged in and living mainly on agricultural production are entitled to supports in cash. The maximum support level equals the compensated land price calculated based on the actually recovered land area which, however, must not exceed the agricultural-land allocation limit in the locality.
4. Households and individuals receiving compensation in agricultural land are entitled to support for production stabilization, including plant varieties and animal breeds for agricultural production, agricultural and forestry extension services, plant protection and veterinary services, cultivation and animal husbandry techniques and professional techniques for industrial and trade production and service provision.
5. Provincial-level People’s Committees shall decide on support levels and durations and periodically pay supports specified in this Article as appropriate to their local practical conditions.
Article 21. Support for agricultural land in residential areas and garden and pond land not recognized as residential land
1. Households and individuals having garden or pond land in the same land lots with houses in residential areas which is not recognized as residential land; garden or pond land in the same land lots with separate houses; garden or pond land in the same land lots with houses along canals, ditches or roads, when having such land recovered, are entitled, in addition to compensation at the price of agricultural land with perennials, to support equal to 30-70% of the price of residential land of those land lots. The land area eligible for support must not exceed 5 times the land allocation limit in the locality.
2. Households and individuals having agricultural land within the administrative boundaries of wards, in residential areas within townships or in rural residential areas; agricultural land lots adjacent to the boundaries of wards or residential areas, when having such land recovered, are entitled, in addition to compensation at the price of agricultural land, to support equal to 20-50% of the average price of residential land in areas where the recovered land is located as specified in local land-price tables. The land area eligible for support must not exceed 5 times the land allocation limit in the locality.
3. Provincial-level People’s Committees shall specify support rates, support-eligible land areas and average land prices used for calculating support as appropriate to their local practical conditions.
Article 22. Support for job change and creation
1. When the State recovers agricultural land not specified in Article 21 of this Decree but no land is available for compensation, households and individuals directly engaged in agricultural production are entitled to, in addition to compensation in cash under Clause 1. Article 16 of this Decree, to support for job change or creation in cash, residential land, house or non-agricultural production and business land as follows:
a/ Cash support equal to 1.5-5 times the agricultural land price for the whole area of recovered agricultural land. The land area eligible for support must not exceed the land allocation limit in the locality:
b/ Single support equal to one residential land ration, one condominium apartment or one ration of non-agricultural production and business land. This form of support applies in localities having residential land funds and house funds and to support beneficiaries wishing to have residential land, condominium apartments or non-agricultural production and business land while the support value under Point a of this Clause is larger than or equal to the value of residential land, condominium apartment or non-agricultural production and business land. Cash support will be provided for the value difference.
2. Provincial-level People’s Committees shall decide on specific support forms and levels specified in Clause 1 of this Article to suit their local practical conditions.
3. Support beneficiaries defined in Clause 1 of this Article that need vocational training are entitled to enroll in job-training establishments. Those of working age are entitled to attend one training course free of charge.
Financial supports for job change are determined in job training and change plans and include in total funds of approved investment projects or compensation, support and resettlement plans.
Provincial-level People’ Committees shall direct the formulation and implementation of job training and creation plans for those having agricultural land recovered.
Job training and creation plans shall be formulated and approved simultaneously with compensation, support and resettlement plans. In the course of formulating job training and creation plans, comments of persons having land recovered who have to change their jobs must be collected.
4. The Ministry of Labor, War Invalids and Social Affairs shall assume the prime responsibility for, and coordinate with concerned ministries and branches in. submitting to the Prime Minister for decision mechanisms and policies for creating and training jobs for persons having agricultural land recovered under this Article.
Article 23. Other supports
1. In addition to the supports specified in Articles 18 thru 22 of this Decree, provincial-level People’s Committee chairpersons shall, based on their local practical conditions, decide on other support measures to arrange housing and stabilize life and production for persons having land recovered. Special cases shall be submitted to the Prime Minister for decision.
2. When the State recovers agricultural land under use. provincial-level People’s Committees may consider and provide supports suitable to their local practical conditions to households and individuals directly engaged in and living mainly on agricultural production that are ineligible for compensation under Article 8 of the Government’s Decree No. 197/2004/ND-CP of December 3,2004, on compensation, support and resettlement upon land recovery by the State, and Articles 44. 45 and 46 of the Government’s Decree No. 84/2007/ND-CP additionally providing for the issuance of land use right certificates, land recovery, exercise of land use rights, order of and procedures for compensation, support and resettlement upon land recovery by the State, and settlement of land-related complaints.
Article 24. Compensation for houses and construction works on land
1. For houses and works serving daily-life activities of households and individuals, compensation equal to the value of newly built houses and works with equivalent technical standards promulgated by the Ministry of Construction shall be paid. The value of a newly built house or work shall be calculated by multiplying the house’s or work’s built area by the unit price of a newly built house and work promulgated by the provincial-level People’s Committee under the Government’s regulations.
2. For houses and construction works other than those specified in Clause 1 of this Article, compensation shall be paid as follows:
a/ The level of compensation for a to be-dismantled house or work equals the total current value of the house or work plus a cash amount calculated in percentage of this value;
The current value of a to be-dismantled house or work is determined to be the value of a newly built house or work with equivalent technical regulations promulgated by a line ministry multiplied by the percentage of the residual quality of the house or work.
Provincial-level People’s Committees shall specify cash amounts calculated in percentage of the current value of houses or works which must not exceed 100% of the value of a newly built house or work of technical standards equivalent with the to be-dismantled house or work.
b/ For partially dismantled houses and constructions works with the remaining part unusable, compensation shall be paid for the whole houses or works; if the remaining part still exists and is usable, compensation shall be paid for the value of the dismantled part of the house or work and expenses for repairing and refurbishing the remaining part up to technical standards of the house or work before it is dismantled.
3. For technical infrastructure or social infrastructure works currently in use, the compensation level will equal the value of a newly built work of equivalent technical standards promulgated by a line ministry. Compensation will not be paid for unused works.
In case a to be-relocated infrastructure work under a project has no classified technical standard or has a technical standard to be upgraded, the provincial-level People’s Committee shall reach agreement with the agency with investment-deciding competence or the project investor in determining the grade of its technical standard for compensation.
4. Compensation will not be paid for assets attached to land which fall into any of the cases specified in Clauses 4, 6, 7 and 10, Article 38 of the Land Law.
5. Assets attached to land which fall into any of the cases specified in Clauses 2, 3, 5, 8, 9, 11 and 12, Article 38 of the Land Law shall be handled under Article 35 of the Government’s Decree No. 181/2004/ND-CP of October 29, 2004, on the enforcement of the Land Law (below referred to as Decree No. 181/2004/ND-CP.
Article 25. Assignment of compensation, support and resettlement tasks
1. Based on local practical conditions, provincial-level People’s Committees shall assign compensation, support and resettlement tasks to compensation organizations, including:
a/ District-level compensation, support and resettlement councils;
b/ Land fund development organizations.
2. A district-level compensation, support and resettlement council has its chairman being a leader of the district-level People’s Committee, and the following members:
a/ A representative of the finance agency;
b/ A representative of the Natural Resources and Environment agency;
c/ A representative of the Planning and Investment agency;
d/ The investor;
e/ A representative of the commune-level People’s Committee of the locality with recovered land;
e/ One or two representatives of households having land recovered;
g/ Other members as decided by the council chairman to suit local practical conditions.
3. Provision of compensation and ground clearance services:
District-level compensation, support and resettlement councils or land fund development organizations may hire enterprises to provide compensation and ground clearance services.
Article 26. Expenses for organizing compensation, support and resettlement
1. Organizations responsible for organizing compensation, support and resettlement work shall make estimates of expenses for this work under each project as follows:
a/ For expenses with norms, criteria and unit prices prescribed by competent state agencies, estimates shall be made undercurrent regulations:
b/ For expenses without norms, criteria and unit prices, estimates shall be made based on actual expenses to suit each project’s characteristics and local practical conditions;
c/ Expenses for printing of documents, stationery, petrol, logistics and for the managerial apparatus shall be calculated based on actual needs of each project.
2. Funds for organizing compensation, support and resettlement must not exceed 2% of the total compensation and support fund of a project. For projects implemented in geographical areas with socio-economic difficulties or extreme difficulties, and projects to build infrastructure works in lines, organizations in charge of compensation, support and resettlement may make estimates of funds for organizing compensation, support and resettlement under the projects based on actual work volumes, which are not restricted at 2%.
The agency competent to approve compensation plans shall decide on funds for organizing compensation, support and resettlement for each project under law.
Section 4. ORDER OF AND PROCEDURES FOR LAND RECOVERY, ALLOCATION AND LEASE
Article 27. Bases for land allocation, land lease and land use purpose change
Bases for deciding to allocate land, lease land or permit the change of land use purposes include:
1. Land use plannings and plans approved by competent state agencies.
In case approved land use plannings or plans are unavailable yet. urban construction plannings or rural residential-area construction plannings approved by competent state agencies shall be based on.
2. Land use demands, indicated in the following documents:
a/ Investment projects approved or investment certificates issued by competent state agencies, for organizations;
For projects which are not required to be submitted to competent state agencies for approval or to have investment certificates, land use demands must be indicated in land allocation or lease applications enclosed with provincial-level Natural Resources and Environment Departments’ written evaluation thereof.
b/ Applications for land allocation, land lease or change of land use purposes, with the certification of land use demands made by commune-level People’s Committees of localities where exists land, for households and individuals.
For households or individuals that wish to use land for implementing investment projects, district-level Natural Resources and Environment Sections’ written evaluation of their land use demands is required;
c/ Land allocation applications, with the certification of land use demands made by commune-level People’s Committees of localities where exists land, for population communities;
d/ Econo-technical reports on the construction of religious works, for religious establishments.
Article 28. Application of land recovery, allocation and lease procedures to investment projects
1. Land recovery, allocation and lease order and procedures applicable to cases in which the State recovers land for defense or security purposes, in national and public interests, or for economic development:
a/ In case neither auction of land use rights nor bidding for land-using projects is organized, the order and procedures comply with Articles 29, 30 and 31 of this Decree;
b/ In case auction of land use rights or bidding for land-using projects is organized, land shall be recovered and allocated to land fund development organizations for clearing the ground and organizing the auction of land use rights or bidding for land-using projects under law.
Based on auction results recognized in writing by competent state agencies and written certification of auction winners’ full payment of land use levy or land rent, natural resources and environment agencies shall carry out procedures to issue certificates of land use rights or ownership of houses and other assets attached to land. Competent state agencies are not required to issue land allocation or lease decisions.
2. For land-using investment projects for which the State does not organize land recovery, land recovery procedures are not required to be carried out. After an investment site is introduced, the investor and land users shall agree to transfer or lease land or contribute land use rights as capital and carry out procedures for changing land use purposes in case of change of land use purposes.
Article 29. Introduction of investment sites and notification of land recovery
1. The investor or agency assigned to prepare an investment project shall submit a dossier at the local agency in charge of receiving investment dossiers. The dossier-receiving agency shall consult agencies related to the investment project in order to introduce an investment site according to its competence or submit the dossier to the provincial-level People’s Committee to consider and introduce an investment site.
2. The provincial-level People’s Committee shall notify land recovery or authorize the district-level People’s Committee to notify land recovery right after introducing an investment site. In case land is recovered under planning, land recovery shall be notified after the land use planning, land use plan, urban construction planning or rural residential-area construction planning is approved and publicized.
A land recovery notice must state the reason for land recovery, the area and location of the to-be-recovered land lot on the basis of existing cadastral dossiers or approved detailed construction planning, and the relocation plan. the local mass media and posted up at head offices of commune-level People’s Committees of localities where the land exists and at public-activity places of residential areas with to be-recovered land.
3. Permission for survey for formulating investment projects
a/ The provincial-level People’s Committee chairperson may permit the investor to conduct survey and measurement to make a map of the project area right after the investment is approved for formulating and submitting detailed construction planning for approval, recovering land and making a master plan on compensation, support and resettlement, and shall direct district-arid commune-level People’s Committees to perform the jobs specified at Points b and c of this Clause;
b/ The district-level People’s Committee chairperson shall set up a compensation, support and resettlement council to make a compensation, support and resettlement plan and a job training and change plan. For localities where land fund development organizations exist, competent People’s Committees may assign these organizations to make compensation, support and resettlement plans and job training and change plans;
c/ The commune-level People’s Committee chairperson shall coordinate with the investor in informing the survey and measurement plan to land users within the project area and request them to create conditions for the investor to conduct survey and measurement for determining the land area in order to formulate an investment project.
4. For national important projects in which the investment has been decided by the National Assembly; group-A projects and projects to build transport, irrigation and dike systems which are in line with approved plannings, the jobs specified in Clause 1 of this Article are not required to be performed.
5. The time limit for issuing a document introducing an investment site or land recovery notice, or setting up a compensation, support and resettlement council under Clauses 2 and 3 of this Article is 30 days from the date of receipt of a valid investment dossier.
6. After being introduced an investment site, the investor shall formulate an investment project under the laws on investment and construction and make a dossier of application for land allocation or lease under the land law. Such an investment project must contain a master plan on compensation, support and resettlement.
Article 30. Making of compensation, support and resettlement plans
After an investment project is approved, the compensation, support and resettlement council or land fund development organization shall make and submit a compensation, support and resettlement plan under the Government’s Decree No. 197/2004/ND-CP and Decree No.17/2006/ND-CP of January 27, 2006, amending and supplementing a number of articles of the Decree guiding the Land Law. and Decree No. 187/2004/ND-CP on the transformation of state companies into joint-stock companies (below referred to as Decree No. 17/2006/ND-CP) and the following regulations:
1. A compensation, support and resettlement plan contains the following details:
a/ Names and addresses of persons having to-be-recovered land:
b/ Area, type, location and origin of the to-be-recovered land: quantity, volume and percentage of the residual quality of assets to be dismantled;
c/ Bases for calculating compensation and support amounts, such as land prices and house and work prices used for compensation calculation, number of household members, number of people of working age, and number of social allowance beneficiaries;
d/ Compensation and support amounts;
e/ Resettlement arrangement;
f/ Relocation of works of the State, organizations, religious establishments or population communities;
g/ Relocation of graves.
2. Collection of comments on compensation, support and resettlement plans:
a/ Compensation, support and resettlement plans must be publicly posted up at head offices of commune-level People’s Committees and public-activity places of residential areas where exists the to-be-recovered land for persons having to be-recovered land and related persons to give comments;
b/ The posting up of plans must be recorded and certified by representatives of the commune-level People’s Committee and Fatherland Front committee and persons having to-be-recovered land:
c/ The duration for posting up a plan and receiving comments is at least twenty (20) days after a plan is posted up.
3. Completion of compensation, support and resettlement plans:
a/ Upon the expiration of the duration for posting up a plan and receiving comments, the compensation and ground clearance organization shall sum up comments in writing, including comments for. comments against and comments divergent from the compensation, support and resettlement plan; then complete the plan and send it enclosed with a sum-up of comments to the natural resources and environment agency for evaluation;
b/ If there are many comments against the compensation, support and resettlement plan, the compensation and ground clearance organization shall clearly explain the plan or re-consider and adjust the plan before sending it to the natural resources and environment agency for evaluation.
4. Natural resources and environment agencies shall assume the prime responsibility for, and coordinate with concerned agencies in, evaluating compensation, support and resettlement plans and preparing land recovery dossiers under the following regulations:
a/ Provincial-level Natural Resources and Environment Departments shall prepare land recovery dossiers and submit them to provincial-level People’s Committees to issue land recovery decisions with respect to organizations, religious institutions, overseas Vietnamese and foreign organizations and individuals;
b/ District-level Natural Resources and Environment Sections shall prepare land recovery dossiers and submit them to district-level People’s Committees to issue land recovery decisions with respect to households, individuals and population communities.
Article 31. Land recovery decision, approval and implementation of compensation, support and resettlement plans, land allocation and land lease
1. The competence to decide to recover, allocate or lease land complies with Articles 37 and 44 of the Land Law.
In case both the land recovery and land allocation or lease falls within the competence of a certain authority, the land recovery and land allocation or lease shall be conducted under a single decision.
In case the to-be-recovered land lot is used by organizations, households and individuals as well, district-level People’s Committees shall decide to recover land from households, individuals and population communities. Within 5 working days after the district-level People’s Committee decides to recover land, the provincial-level People’s Committee shall decide to recover land from organizations, overseas Vietnamese and foreign organizations and individuals and allocate or lease land under a project to the investor under a single decision.
2. Within 5 working days after issuing a decision to recover and allocate or lease land, the natural resources and environment agency shall submit a compensation, support and resettlement plan to the People’s Committee of the same level for approval and publicization under the following regulations:
a/ Provincial-level Natural Resources and Environment Departments shall submit to provincial-level People’s Committees for approval compensation, support and resettlement plans, in case to be recovered-land areas belong to 2 or more urban districts, rural districts, towns or provincial cities;
b/ District-level Natural Resources and Environment Sections shall submit to district-level People’s Committees for approval compensation, support and resettlement plans, for cases not defined at Point a of this Clause;
c/ Within three (3) days after receiving an approved compensation, support and resettlement plan, the compensation and ground clearance organization shall coordinate with the commune-level People’s Committee in disseminating the decision approving the compensation plan and publicly posting it up at the head office of the commune-level People’s Committee and public-activity place of the residential area where exists the to-be-recovered land; and send compensation, support and resettlement decisions to persons having to-be-recovered land, indicating the compensation and support level, arrangement of a resettlement house or land (if any), time and place for paying the compensation and support money, and time for handing over the recovered land to the compensation and ground clearance organization.
3. Compensation, support and resettlement councils or land fund development organizations shall pay compensation and support money and arrange places for resettlement.
4. Within twenty (20) days after the compensation and ground clearance organization fully pays the compensation and support money to persons having land recovered under the approved plan, the latter shall hand over their land to the former.
In case compensation is paid gradually according to schedule, the investor may be handed over the ground area for which compensation and support have been completed to implement the project.
5. In case the investor and persons having land recovered have reached agreement in writing on the plan to compensate for land and assets attached to land or when the to-be-recovered land lot does not require ground clearance, the competent People’s Committee may issue a land recovery and allocation or lease decision without having to wait until the expiration of the duration for land recovery notice.
Article 32. Land recovery coercion
1. Land recovery coercion under Clause 3. Article 39 of the Land Law may be conducted only when the following conditions are fully satisfied:
a/ The order of and procedures for land recovery, compensation, support and resettlement under Articles 27, 28, 29 and 39 of this Decree have been complied with;
b/ Persons having to be-recovered land fail to hand over land to the compensation and ground clearance organization within thirty (30) days after the time for handing over land under Clause 6. Article 29 of this Decree;
c/ Persons having to be-recovered land fail to hand over the recovered land to the State after being persuaded by representatives of the compensation and ground clearance organization, commune-level People’s Committee and Fatherland Front committee of the locality where exists to-be-recovered land;
d/ A coercion decision of the competent People’s Committee under law has taken effect;
e/ The coerced person has received the coercion decision. If he/she refuses to receive that decision, the compensation and ground clearance organization shall coordinate with the commune-level People’s Committee in publicly posting up the coercion decision at the head office of the commune-level People’s Committee of the locality where exists to-be-recovered land.
2. If the coerced person fails to hand over land, within fifteen (15) days after the coercion decision is directly handed to him/her or publicly posted up under Point e. Clause 1 of this Article, the district-level People’s Committee shall direct and organize the coercive recovery of land in accordance with law.
Article 33. Separation of compensation, support and resettlement issues into a sub-project and responsibility to organize land recovery, compensation, support and resettlement for investment projects of ministries and branches
1. Based on the area of to-be-recovered land for implementation of investment projects, agencies with investment project-approving competence may decide to separate compen­sation, support and resettlement issues into a sub-project for independent implementation.
2. Provincial-level People’s Committees shall direct the organization of land recovery, compensation, support and resettlement for investment projects of ministries, ministerial-level agencies, government-attached agencies, business groups, corporations and central non-business units (referred to as ministries and branches in this Article) for which land is to be recovered by the State.
Ministries and branches having investment projects shall coordinate with provincial-level People’s Committees and compensation and ground clearance organizations in organizing compensation, support and resettlement and ensure funds for this work under regulations.
Section 5. LAND FUND DEVELOPMENT, ISSUANCE OF CERTIFICATES OF LAND USE RIGHTS AND OWNERSHIP OF HOUSES AND OTHER ASSETS ATTACHED TO LAND, USE OF LAND OF UNDERGROUND WORKS, AND LAND USE EXTENSION
Article 34. Land development funds
1. Provincial-level People’s Committees may deduct 30-50% of annually collected revenues from land use levies, land rents and land-use-right auction proceeds to set up land development funds. A land development fund shall be used for the following purposes:
a/ Advancing capital to the land fund development organization for land development;
b/ Advancing capital to create land funds and resettlement house funds under planning;
c/ Advancing capital for land recovery, compensation and ground clearance under planning to create land funds for socio-economic development, education-training, vocational training, health care, culture, physical training and sports and environment, and other local needs;
d/ Supporting the implementation of job training and change schemes;
e/ Supporting the construction of resettlement areas; supporting the construction of infrastructure works in places with recovered land;
f/ Paying the difference for households and individuals to settle in resettlement areas under Clause 1. Article 22 of this Decree.
Provincial-level People’s Committees shall decide on the use of land development funds in order to provide supports for the cases specified at Points d. e and f of this Clause.
2. The Ministry of Finance shall assume the prime responsibility for. and coordinate with the Ministry of Natural Resources and Environment in. submitting to the Prime Minister for assignment levels of deduction from state budget revenues collected from land to provinces and centrally run cities for setting up land development funds, and promulgate a model regulation on the management and use of land development funds on the following principles:
a/ A land development fund is a state financial institution operating on the principles of capital preservation, self-financing in the course of operation and not-for-profit purpose;
b/ A land development fund has the legal entity status, conducts independent cost-accounting, has its own seal and balance sheet, and may open accounts at state treasuries and credit institutions to under law for its operation;
c/A land development fund shall be managed, administered   and   organized   under  its organization and operation charter promulgated by the provincial-level People’s Committee based on the model regulation;
d/ A land development fund is eligible for preferences under current regulations.
3. The Ministry of Finance shall assume the prime responsibility for, and coordinate with the Ministry of Natural Resources and Environment in. guiding the exemption from taxes and other state budget remittances as stipulated at Point d. Clause 2 of this Article.
Article 35. Land fund development organizations
1. A land fund development organization is a non-business unit having revenues and set up at the provincial or district level under decision of the provincial-level People’s Committee.
2. A land fund development organization has the following tasks:
a/ To create land funds for auctioning land use rights;
b/ To create land funds for socio-economic development;
c/ To create land funds for education and training, vocational training, health care, culture, physical training and sports and environmental development and other local needs, and for stabilizing the real estate market;
d/ To receive transferred land use rights under law;
e/ To manage land funds with cleared ground, funds of transferred land for which investment projects have not yet been formulated or land use rights have not yet been auctioned; and land recovered under Clauses 2 thru 12, Article 38 of the Land Law, for land in urban areas and areas under urban development planning;
f/ To auction land use rights under law;
g/ To assume the prime responsibility for, or coordinate with the compensation and ground clearance council in. organizing compensation and ground clearance;
h/ To provide compensation and ground clearance services;
i/ To develop resettlement areas;
j/ To build infrastructure on land funds assigned to it for management in order to organize auction;
k/To provide information on land prices and land funds to organizations and individuals upon request;
l/ To perform other tasks under decisions of the provincial-level People’s Committee.
3. Funding sources of a land fund development organization include:
a/ Capital advanced from the land development fund under Article 34 of this Decree;
b/ Capital advanced from the state budget: c/ Capital raised in other forms under law.
4. The Ministry of Natural Resources and Environment shall assume the prime responsibility for. and coordinate with the Ministry of Home Affairs and the Ministry of Finance in, guiding the functions, tasks, powers and financial mechanisms of land fund development organizations.
Article 36. Issuance of certificates of land use rights and ownership of houses and other assets attached to land, with regard to land being used by enterprises as ground for building production and business establishments
1. Enterprises using land as ground for building production and business establishments that have not yet been issued certificates of land use rights and ownership of houses and other assets attached to land shall themselves review and declare the use of such land and report thereon to provincial-level People’s Committees of localities where exists the land.
2. On the basis of enterprises’ reports, provincial-level People’s Committees of localities where exists the land shall conduct field inspections and decide on handling measures and issue, on a case-by-case basis, certificates of land use rights and ownership of houses and other assets attached to land under the following regulations:
a/ For land areas which have been leased by the State; of which lawful use rights have been transferred from other persons or which have been allocated by the State with collection of land use levy and the amount paid for such transfer or the land use levy paid to the State is of non-state budget origin, and are being used for proper purposes as stated in land allocation or lease decisions or land rent contracts, enterprises may continue using them and will be issued certificates of land use rights and ownership of houses and other assets attached to land for such land areas;
In case land use purposes have been changed to conform with planning, financial obligations must be fulfilled under law before the issuance of certificates of land use rights and ownership of houses and other assets attached to land.
b/ For land areas which have been allocated by the State without collection of land use levy; of which lawful use rights have been transferred from other persons or which have been allocated by the State with collection of land use levy and the amount paid for such transfer or the land use levy paid to the State is of state budget origin and arc being used for proper purposes, enterprises shall shift to lease or have them allocated with payment of land use levy and will be issued certificates of land use rights and ownership of houses and other assets attached to land for such land area;
c/ For land areas left unused, land areas used for improper purposes, land areas illegally encroached, occupied or lost due to irresponsibility; land areas leased or borrowed to other organizations or individuals for illegal use or cooperation, provincial-level People’s Committee shall decide to recover them;
d/ Residential land areas shall be handed over to the district-level People’s Committee for management. In case residential land areas conform with approved land use planning, their users will be issued certificates of land use rights and ownership of houses and other assets attached to land and shall fulfill financial obligations under the Government’s regulations on collection of land use levy;
e/ For land areas which have been acquired from illegal encroachment or occupation or have been illegally encroached or occupied or are under dispute, provincial-level People’s Committee shall resolutely handle these cases in order to identify land users.
Article 37. Use of land for building underground works
The use of land for building underground works (other than underground parts of construction works on the ground) complies with the following regulations:
1. Provincial-level People’s Committees shall decide to permit organizations, individuals, overseas Vietnamese and foreign organizations and individuals to use land for building underground works for production and business purposes in accordance with the investment law. Permitted users of land for building underground works shall sign land rent contracts with provincial-level Natural Resources and Environment Departments;
2. Rent rates of land for building underground works must not exceed 30% of rent rates of land for building works on the ground having the same use purposes. Provincial-level People’s Committees shall decide on specific rent rates to suit local practical conditions;
3. The Ministry of Natural Resources and Environment shall assume the prime responsibility for. and coordinate with concerned ministries and branches in, formulating mechanisms on the management and use of land for building underground works, then submit them to the Prime Minister for decision.
Article 38. Order of and procedures for land use duration extension for economic entities, overseas Vietnamese, foreign organizations and individuals that use land; households and individuals that use non-agricultural land: and households and individuals not directly engaged in agricultural production that are leased agricultural land by the State
1. Six (6) months before the expiration of the land use duration, land users wishing to extend the land use duration shall file requests for land use duration extension with provincial-level Natural Resources and Environment Departments, for economic entities, overseas Vietnamese, foreign organizations and individuals; or with district-level Natural Resources and Environment Sections, for households and individuals.
In case the size of an investment project is adjusted, resulting in a change in the project operation duration, its land use duration shall be adjusted corresponding to the project operation life right after the project has adjusted its registered size.
2. The extension is specified as follows:
a/ Natural resources and environment agencies shall evaluate land use demands.
In case the request for land use duration extension requires registration of the adjustment of the investment project, land use demands shall be evaluated simultaneously with the registration of the adjustment of the investment project.
b/ Land use right registries shall send copies of cadastral dossiers and data to agencies responsible for determining financial obligations;
c/ Land users shall submit certificates of land use rights and ownership of houses and other assets attached to land and papers evidencing the fulfillment of financial obligations, for cases eligible for land use duration extension, to natural resources and environment agencies;
d/ Natural resources and environment agencies shall adjust the land use durations indicated in certificates of land use rights and ownership of houses and other assets attached to land, for cases eligible for land use duration extension;
e/ The time limit for performing the jobs specified at Points a, b, c and d of this Clause is twenty (20) working days (excluding the time for the land user to fulfill his/her/its financial obligations), counting from the date the natural resource and environment agency receives a complete and valid dossier to the date the land user receives the certificate of land use rights and ownership of houses and other assets attached to land.
3. For cases ineligible for land use duration extension, natural resources and environment agencies shall recover land upon the expiration of the land use duration under Clause 3. Article 132 of Decree No. 181/2004/ND-CP.
Chapter III

ORGANIZATION OF IMPLEMENTATION

Article 39. Handling of problems arising after the promulgation of this Decree
1. The formulation of land use plannings under this Decree applies to the period from 2011 onwards. The adjustment of land use plannings for the 2001-2010 period complies with Decree No. 181/2004/ND-CP.
For existing urban areas of urban districts, towns, cities, wards or townships with approved detailed construction plannings, which already contain land use planning contents, these contents shall be incorporated in the superior level’s land use plannings.
2. The determination of land rents under Clauses 1 and 2. Article 12 of this Decree applies to cases in which land rent contracts are signed on or after January 1. 2010. For signed land rent contracts which already indicate rent rates, such land rent rates shall be kept unchanged for Five (5) years.
3. Projects and work items for which compensation, support and resettlement money had been paid before the effective date of this Decree are not governed by this Decree.
4. For projects and work items for which compensation, support and resettlement plans have been approved or compensation, support and resettlement money is being paid under plans approved before the effective date of this Decree, these approved plans shall still be implemented without being adjusted or governed by this Decree. In case of delayed compensation, land prices used for compensation and support comply with Clause 2, Article 9 of Decree No. 197/2004/ ND-CP.
Article 40. Settlement of complaints about compensated land prices, compensation, support and resettlement decisions or land recovery coercion decisions
1. The settlement of complaints complies with Article 138 of the Land Law. Articles 63 and 64 of Decree No. 84/2007/ND-CP and the Government’s Decree No. 136/2006/ND-CP of November 14, 2006, detailing and guiding a number of articles of the Law on Complaints and Denunciations, and the Laws Amending and Supplementing a Number of Articles of the Law on Complaints and Denunciations.
2. Pending a complaint settlement decision, the land recovery decision must still be complied with. In case a slate agency with complaint-settling competence concludes that land recovery is unlawful, the land recovery decision must cease to be implemented. The state agency which has issued the land recovery decision shall issue another decision annulling the land recovery decision and pay compensation for damage caused by the land recovery decision (if any). In case the state agency with complaint-settling competence concludes that land recovery is lawful, the person having land recovered shall abide by the land recovery decision.
Article 41. Implementation provisions
1. This Decree takes effect on October 1, 2009.
2. To annul the following regulations:
a/ Articles 10 and 12, contents of detailed land use planning and plans of hi-tech parks and economic zones under Articles 14, 30, 52, 125, 126, 127 and 141 of Decree No. 181/2004/ND-CP;
b/ Articles 3, 6, 10, 19 and 27; Clauses 1 of Articles 28, 32, 36, 39 and 48, of Decree No. 197/2004/ND-CP;
c/ Article 4 of Decree No. 142/2005/ND-CP of November 14, 2005, on the collection of land use levy and water surface rent;
d/ Clause 1, Article 2, and Clauses 4, 5 and 6, Article 4, of the Government’s Decree No.17/2006/ND-CP of January 27,2006, amending and supplementing a number of articles of the decrees guiding the Land Law, and Decree No. 187/2004/ND-CP on the transformation of state companies into joint-stock companies:
e/ Articles 43 and 48 thru 62 of the Government’s Decree No. 84/2007/ND-CP of May 25, 2007, additionally providing for the issuance of land use right certificates, land recovery, exercise of land use rights, order of and procedures for compensation, support and resettlement upon land recovery by the State, and settlement of land-related complaints;
f/ Point 2, Clause 12, Article 1 of the Government’s Decree No. 123/2007/ND-CP of July 27, 2007, amending and supplementing a number of articles of Decree No. 188/2004/ND-CP of November 16. 2004. on methods of determining land prices and price brackets of land of different categories.
4. The Ministry of Natural Resources and Environment shall guide the implementation of this Decree.
Ministers, heads of ministerial-level agencies, heads of government-attached agencies and chairpersons of provincial-level People’s Committees shall implement this Decree.
 

The post Decree No. 69/2009/ND-CP of August 13, 2009, additionally providing for land use planning, land prices, land recovery, compensation, support and resettlement appeared first on MP Law Firm.

THE NATIONAL ASSEMBLY
——-

SOCIALIST REPUBLIC OF VIETNAM Independence – Freedom – Happiness
———-

No. 34/2009/QH12

Hanoi, June 18, 2009

LAW

AMENDING AND SUPPLEMENTING ARTICLE 126 OF THE HOUSING LAW AND ARTICLE 121 OF THE LAND LAW

(No. 34/2009/QH12)

Pursuant to the 1992 Constitution of the Socialist Republic of Vietnam, which was amended and supplemented under Resolution No. 51/2001/QHW;
The National Assembly promulgates the Law Amending and Supplementing Article 126 of Housing Law No. 56/2005/QHU of Article 121 of Land Law No. 13/2003/QH11.
Article 1. To amend and supplement Article 126 of the Housing Law as follows:
“Article 126. Right of overseas Vietnamese to own houses in Vietnam
1. Overseas Vietnamese defined below who are permitted by competent Vietnamese agencies to reside in Vietnam for three or more months may own houses for their own and their family members” residence in Vietnam:
a/ Persons having Vietnamese nationality;
b/ Persons of Vietnamese origin who return to Vietnam to make direct investment under the investment law; persons with meritorious contributions to the country; scientists, cultural scholars and persons with special skills who are needed by Vietnamese agencies or organizations and working in Vietnam; and persons who have Vietnamese spouses living in the country.
2. Persons of Vietnamese origin not defined at Point b. Clause 1 of this Article who are issued visa exemption papers by competent Vietnamese agencies and are permitted to reside in Vietnam for three or more months may each own a separate house or a condominium apartment in Vietnam for their own and their family members’ residence in Vietnam.”
Article 2. To amend and supplement Article 121 of the Land Law as follows:
“Article 121. Right and obligation to use residential land of overseas Vietnamese eligible to own houses in Vietnam
1. Overseas Vietnamese defined in Article 126 of the Housing Law may own houses associated with the right to use residential land in Vietnam.
2. Overseas Vietnamese eligible to own houses associated with the right to use residential land in Vietnam have the following rights and obligations:
a/ To have rights and obligations defined in Articles 105 and 107 of this Law;
b/ To transfer the right to use residential land upon selling, donating, bequeathing or exchanging houses to/with domestic organizations or individuals or overseas Vietnamese eligible to own houses in Vietnam for residence: to donate houses associated with the right to use residential land to the State or communities, or donate houses of gratitude under Point c, Clause 2, Article 110 of this Law. If donating or bequeathing houses to persons ineligible to own houses in Vietnam, these persons may enjoy only the value of houses associated with the right to use residential land:
c/ To mortgage houses associated with the right to use residential land at credit institutions licensed to operate in Vietnam;
d/ To receive compensation under Vietnamese law upon land recovery by the State;
e/ To lease, or authorize others to manage, unused houses.”
Article 3.
1. This Law takes effect on September 1, 2009.
2. The Government shall detail and guide articles and clauses as assigned in the Law; and guide other necessary contents of this Law to meet state management requirements.
This Law was passed on June 18, 2009, by the XII^th National Assembly of the Socialist Republic of Vietnam at its 5^th session.
 

The post Law No. 34/2009/QH12 of June 18, 2009, amending and supplementing Article 126 of the housing Law and Article 121 of the land Law appeared first on MP Law Firm.