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Land Law No. 45/2013/QH13 of November 29, 2013

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THE NATIONAL ASSEMBLY ———	SOCIALIST REPUBLIC OF VIETNAM Independence – Freedom – Happiness —————
No. 45/2013/QH13	Hanoi, November 29, 2013

LAND LAW

Pursuant to the Constitution of the Socialist Republic of Vietnam;

The National Assembly promulgates the Land Law.

Chapter I

GENERAL PROVISIONS

Article 1. Scope of regulation
This Law prescribes the land ownership, powers and responsibilities of the State in representing the entire-people ownership of land and uniformly managing land, the land management and use regimes, and the rights and obligations of land users over the land in the territory of the Socialist Republic of Vietnam.
Article 2. Subjects of application

State agencies that exercise the powers and perform the responsibilities of the representative of the entire-people ownership of land, and perform the tasks of uniform state management of land.
Land users.
Other subjects involved in land management and use.

Article 3. Interpretation of terms
In this Law, the terms below are construed as follows:

Land parcel means a land area delimited by boundaries determined in the field or described in records.
Land use master plan means the distribution and zoning of land by use space to serve the objectives of socio-economic development, national defense, security, environmental protection and climate change adaptation based on the land potential and land use demands of all sectors and fields, for each socio-economic region or administrative unit in a given period of time.
Land use plan means the division of a land use master plan according to periods of time for implementation during the period of the land use master plan.
Cadastral map is a map that shows the land parcels and related geographic elements, and is made according to administrative units of communes, wards or townships, and certified by a competent state agency.
Current land use map is a map that demonstrates the distribution of various types of land at a specified time, and is made for every administrative unit.
Land use master plan map is a map made at the beginning of a planning period, which demonstrates the distribution of various types of land at the end of that planning period.
The State allocates land use rights (below referred to as the State allocates land) means that the State issues decisions on land allocation to grant land use rights to subjects having land use demand.
The State leases land use rights (below referred to as the State leases land) means that the State decides to grant land use rights to subjects having land use demand under contracts on land use rights lease.
The State recognizes land use rights means that the State grants land use rights to a person that is using stably the land not allocated or leased by the State, through the grant of a certificate of land use rights and ownership of houses and other land-attached assets for the first time, for a certain land parcel.
Transfer of land use rights means the transfer of land use rights from one person to another by ways of exchange, transfer, inheritance or donation of land use rights, or contribution of land use rights as capital.
The State recovers land means the State decides to recover land use rights from a person that is granted land use rights by the State, or from a land user that violates the land law.
Land compensation means the State returns the value of land use rights for the recovered land area to land users.
Remaining land investment costs include costs for ground fill-up and leveling and other directly related costs that can be proved to have been invested in the land and have not been retrieved by the time the State recovers the land.
Support upon land recovery by the State means the State provides assistance to those whose land is recovered, in order to stabilize their livelihood, production and development.
Registration of land, houses and other land-attached assets means the declaration and acknowledgement of the legal status of land use rights, ownership of houses and land-attached assets, and the right to manage a certain land parcel, in the cadastral records.
Certificate of land use rights and ownership of houses and other land-attached assets is a legal certificate in which the State certifies the lawful land use rights and ownership of houses and land-attached assets of the person who has land use rights and ownership of houses and land-attached assets.
Land statistics means that the State, based on the cadastral records, summarizes and reviews the land use status at the time of making statistics, and the land-related changes between two points of time of making statistics.
Land inventory means that the State, based on the cadastral records and field findings, investigates, summarizes and reviews the land use status at the time of conducting inventory, and the land-related changes between the two points of time of conducting inventory.
Land price means the value of land use rights calculated per unit of land area.
Value of land use rights means the monetary value of land use rights over a specified land area during a specified land use term.
Land use levy means an amount of money that a land user shall pay to the State when being allocated land with land use levy by the State, permitted to change the land use purpose, or having land use rights recognized by the State.
Land information system means the system consisting of information technology technical infrastructure, software, data and processes and procedures which are developed to collect, store, update, process, analyze, synthesize and track land information.
Land database means a collection of land data that are arranged and organized to serve the access to, use, management and update of, information by electronic devices.
Land dispute means a dispute over the rights and obligations of land users among two or more parties in a land relationship.
Land destruction means acts that deform the land, reduce land quality, pollute the land, negate or reduce the usability of the land according to a determined purpose.
Public non-business unit means an organization established by a competent state agency or by a political organization or a socio-political organization, to provide public services in accordance with law.
Economic organization means an enterprise, a cooperative or another economic organization as prescribed by the civil law, excluding foreign-invested enterprises.
Land for construction of underground facilities means a land area used for construction of underground facilities that are not parts of works constructed on the ground.
Land-using household means those who share a marital, family or foster relationship as prescribed by the marriage and family law, are living together and have joint land use rights at the time of being allocated land or leased land, or having land use rights recognized by the State; or acquiring land use rights.
Household or individual directly engaged in agricultural production means a household or an individual that has been allocated agricultural land, leased agricultural land, or having agricultural land use rights recognized by the State; or has acquired agricultural land use rights, and generates stable income from agricultural production on that land.

Article 4. Land ownership
Land belongs to the entire people with the State acting as the owner’s representative and uniformly managing land. The State shall grant land use rights to land users in accordance with this Law.
Article 5. Land users
Land users may be allocated land or leased land, have land use rights recognized by the State, or acquire land use rights in accordance with this Law, including:

Domestic organizations, including state agencies, people’s armed forces units, political organizations, socio-political organizations, economic organizations, socio-politico-professional organizations, social organizations, socio-professional organizations, public non-business organizations, and other organizations as prescribed by the civil law (below referred collectively to as organizations).
Domestic households or individuals (below referred collectively to as households or individuals).
Communities, including Vietnamese communities residing in the same village, street quarter or similar residential area sharing the same customs and practices or the same family line.
Religious institutions, including pagodas, churches, oratories, chancels, monasteries, abbeys, religious schools, head offices of religious organizations, and other religious institutions.
Foreign organizations with diplomatic functions, including diplomatic representative missions, consulates, other foreign representative agencies with diplomatic functions recognized by the Vietnamese Government, representative missions of organizations of the United Nations, inter-governmental agencies or organizations, and representative missions of inter-governmental organizations.
Overseas Vietnamese as prescribed by the nationality law.
Foreign-invested enterprises, including 100% foreign-invested enterprises, joint-venture enterprises, Vietnamese enterprises in which foreign investors purchase shares, merge or acquire in accordance with investment law.

Article 6. Land use principles

Compliance with land use master plans and plans, and use for proper purposes.
Economy, effectiveness, environmental protection, and causing no harm to the legitimate interests of adjacent land users.
Land users may exercise their rights and perform their obligations within the land use term in accordance with this Law and other relevant laws.

Article 7. Persons taking responsibility before the State for land use

The head of an organization, a foreign organization with diplomatic functions, or a foreign- invested enterprise, is responsible for the land use by his/her organization.
The chairperson of the People’s Committee of a commune, ward or township is responsible for the use of agricultural land for public purposes; the use of non-agricultural land which is allocated to the People’s Committee of the commune, ward or township (below referred to as commune-level People’s Committee) for the purpose of construction of the People’s Committee offices, public facilities used for culture, education, health, physical training and sports, entertainment, recreation, markets, cemeteries, graveyards and other public facilities in the locality.
The representative of a community who is the head of a village or street quarter, or the person appointed by a community, is responsible for the use of the allocated or recognized land of the community.
The head of a religious institution is responsible for the use of land allocated to the religious institution.
The head of a household is responsible for the land use by the household.
Individuals and overseas Vietnamese are responsible for the use of their own land.
The person who shares, or represents a group sharing, land use rights, is responsible for the use of that land.

Article 8. Persons taking responsibility before the State for the management of allocated land

The head of an organization is responsible for land management in the following cases:

a/ Organizations assigned to manage public facilities, including roads, bridges, culverts, sidewalks, water supply and drainage systems, irrigation systems, dikes and dams; squares, statues and monuments, and memorial stela;
b/ Economic organizations assigned to manage land used for investment projects in the form of build- transfer (BT) and other forms prescribed by the investment law;
c/ Organizations assigned to manage land with water surface of rivers and land with special- use water surface;
d/ Organizations assigned to manage the land fund recovered under decisions of competent state agencies.

The chairperson of a commune-level People’s Committee is responsible for the management of land used for public purposes and land that has not been allocated or leased in the locality.
The chairperson of a People’s Committee of a province or centrally run city is responsible for the management of unused land on uninhabited islands in the locality.
The representative of a community is responsible for land allocated to the community for management.

Article 9. Encouragement of investment in land
The State shall promulgate policies to encourage land users to invest labor, materials and capital in, and apply scientific and technological achievements to, the following activities:

Land protection, improvement and fertilization.
Reclamation of waste and unused land, seaward encroachment, use of empty land, bare hills and unused land with water surface in accordance with land use master plans and plans.
Development of infrastructure to increase added value for land.

Article 10. Land classification
Depending on land use purpose, land is classified into the following types:

Agricultural land, including:

a/ Land for cultivation of annual crops, including paddy land and land for cultivation of other annual crops;
b/ Land for cultivation of perennial trees;
c/ Land for production forests;
d/ Land for protection forests;
e/ Land for special-use forests;
f/ Land for aquaculture;
g/ Land for salt production;
h/ Other agricultural land, including land used to build greenhouses and other building types for cultivation purpose, including fanning not directly on the land, or to build breeding facilities for cattle, poultry and other animals as permitted by law; land for cultivation, breeding and aquaculture for the purpose of learning, research or experimentation; land for planting and nursing seedlings and breeders, and land for growing flowers and ornamental plants.

Non-agricultural land, including:

a/ Residential land, including rural residential land and urban residential land;
b/ Land for construction of offices;
c/ Land for national defense or security purpose;
d/ Land for construction of non-business facilities, including land for construction of offices of non-business organizations; land for construction of cultural, social, health, education and training, physical training and sports, science and technology, and diplomatic facilities and other non-business facilities;
e/ Land for non-agricultural production and business, including land for industrial parks, industrial clusters, export processing zones; land for trading and service; land of non-agricultural production establishments; land used for mining activities; and land for production of building materials, and pottery;
f/ Land used for public purposes, including land used for transport (including airports, airfields, inland waterway ports, maritime ports, rail system, road system and other transport facilities); irrigation; land with historical-cultural relics or scenic spots; land for community activities or public entertainment and recreation; land for energy facilities; land for post and telecommunications facilities; land for markets; land for waste dumping and treatment, and land for other public facilities;
g/ Land used by religious institutions;
h/ Land used for cemeteries, graveyards, funeral service centers and cremation centers; i/ Land with rivers, streams, canals, springs and special-use water surface;
k/ Other non-agricultural land, including land for motels, tents and camps for workers in production establishments; land for warehouses and houses to store agricultural products, plant protection drugs, fertilizers, machinery and tools for agricultural use, and land for other buildings of land users which are used for non-commercial purposes and not attached to residential land.

Unused land, including land of types for which land use purposes have not been determined yet.

Article 11. Bases for determining land types
The determination of a land type must be based on the following:

The certificate of land use rights, or certificate of house ownership and residential land use rights which is granted before December 10, 2009; and the certificate of land use rights and ownership of houses and other land-attached assets.
Papers on land use rights prescribed in Clauses 1, 2 and 3, Article 100 of this Law, for the cases in which the certificates mentioned in Clause 1 of this Article have not been granted.
Decisions on land allocation, land lease or permission for change of land use purpose issued by competent state agencies, for the cases in which the certificates mentioned in Clause 1 of this Article have not been granted.
For the cases in which papers prescribed in Clauses 1, 2 and 3 of this Article are not available, the determination of land type must comply with the Government’s regulations.

Article 12. Prohibited acts

Encroaching, occupying or destroying land.
Violating publicized land use master plans and plans.
Failing to use land, or using land for improper purposes.
Failing to comply with law when exercising the rights of land users.
Acquiring agricultural land use rights exceeding the quota set for households and individuals as prescribed by this Law.
Failing to register with competent state agencies when using land or making transactions of land use rights.
Failing to perform or fully perform financial obligations toward the State.
Abusing positions and powers to act against land management regulations.
Failing to provide land information or providing incorrect land information as prescribed by law.
Obstructing, or causing difficulties to, the exercise of the rights of land users as prescribed by law.

Chapter II
RIGHTS AND OBLIGATIONS OF THE STATE OVER LAND
Section 1. RIGHTS OF THE STATE OVER LAND
Article 13. Rights of the representative of the land owner

To decide on land use master plans and plans.
To decide on land use purposes.
To prescribe land use quotas and land use terms.
To decide on land recovery and land requisition.
To decide on land prices.
To decide on grant of land use rights to land users.
To decide on financial policies on land.
To prescribe the rights and obligations of land users.

Article 14. The State shall decide on land use purposes
The State shall decide on land use purposes through land use master plan and plans, and permit the change of land use purposes.
Article 15. The State shall prescribe land use quotas and land use terms

The State shall prescribe land use quotas, including allocation quotas for agricultural land, allocation quotas for residential land, recognition quotas for residential land use rights, and quotas for acquisition of agricultural land use rights.
The State shall prescribe land use terms of the following forms:

a/ Long and stable land use term;
b/ Definite land use term.

The State shall decide to recover land in the following cases:

a/ For the purpose of national defense or security; socio-economic development in the national or public interest;
b/ Due to violations of the land law;
c/ Due to termination of land use in accordance with law, voluntary return of land, or the risk of threatening human life.

The State shall decide to requisition land in case of extreme necessity to perform national defense and security tasks, or in the state of war or a state of emergency, or to prevent and combat natural disasters.

Article 17. The State shall grant land use rights to land users
The State shall grant land use rights to land users in the following forms:

Decision on allocation of land without land use levy, and allocation of land with land use levy.
Decision on lease of land with annual rental payment, and lease of land with one-off rental payment for the entire lease period.
Recognition of land use rights.

Article 18. The State shall decide on land prices

The State shall prescribe the principles and methods for land valuation.
The State shall promulgate land price brackets and tables, and decide on specific land prices.

Article 19. The State shall decide on financial policies on land

The State shall decide on policies on financial collection and spending related to land.
The State shall prescribe the added value from land which does not originate from land user’s investment through tax polices, land use levy, land rental, investments in infrastructure, and support policies for those whose land is recovered.

Article 20. The State shall prescribe the rights and obligations of land users
The State shall prescribe the rights and obligations of land users in conformity with the forms of land allocation, land lease, recognition of land use rights, land use origin and financial obligations of land users.

The National Assembly shall promulgate laws and resolutions on land; decide on national land use master plans and plans; and exercise the power of supreme oversight of land management and use nationwide.
People’s Councils at all levels shall exercise the right to adopt local land use master plans and plans before submitting them to competent agencies for approval; to adopt land price tables and approve land recovery to implement socio-economic development projects in the national or public interest in their localities, according to their competence prescribed in this Law; and to oversee the implementation of the land law in their localities.
The Government and People’s Committees at all levels shall exercise the rights of the land owner representative according to their competence prescribed in this Law.

Section 2. RESPONSIBILITIES OF THE STATE FOR LAND
Article 22. Contents of state management of land

Promulgating legal documents on land management and use and organizing the implementation thereof.
Determining administrative boundaries, compiling and managing administrative boundary records and making administrative maps.
Surveying, measuring, making cadastral maps, current land use maps and land use planning maps; surveying and assessing land resources; and surveying for land pricing.
Managing land use master plans and plans.
Managing land allocation, land lease, land recovery and change of land use purposes.
Managing compensation, support and resettlement upon land recovery.
Registering land use rights, compiling and managing cadasữal records, and granting certificates of land use rights and ownership of houses and other land-attached assets.
Making land statistics and carrying out land inventories.
Developing the land information system.
Managing land-related finance and land prices.
Managing and supervising the exercise of rights and performance of obligations by land users.
Inspecting, examining, supervising, monitoring and assessing die observance of the land law, and handling violations of the land law.
Disseminating and educating about the land law.
Settling land-related disputes; settling complaints and denunciations related to land management and use.
Managing land-related services.

Article 23. Responsibilities of state management of land

The Government shall perform the unified state management of land nationwide.
The Ministry of Natural Resources and Environment shall take responsibility before the Government for the unified state management of land.

Related ministries and ministerial-level agencies shall, within the ambit of their respective tasks and powers, assist the Government in performing the state management of land.

People’s Committees at all levels shall perform die state management of land in theữ localities according to their competence prescribed in this Law.

Article 24. Land administration agencies

The system of land administration agencies shall be organized uniformly from central level to local level.
The land administration agency at the central level is the Ministry of Natural Resources and Environment.

Land administration agencies at the local level shall be set up in provinces and centrally run cities and in districts, towns and provincial cities; land-related public service organizations shall be set up and operate in accordance with the Government’s regulations.

Article 25. Cadastral civil servants in communes, wards and townships

Communes, wards and townships must have civil servants performing cadastral work in accordance with the Law on Cadres and Civil Servants.
Cadastral civil servants in communes, wards and townships shall assist commune-level People’s Committees in local land management.

Article 26. State guarantee for land users

Guarantee of the lawful rights to use land and land-attached assets of land users.
Grant of the certificates of land use rights and ownership of houses and other land-attached assets to land users who are eligible as prescribed by law.
When their land is recovered by the State for national defense or security purpose; or for socio-economic development in the national or public interest, land users are entitled to compensation, support and resettlement in accordance with law.
Adoption of policies in the form of vocational training, change of occupation and facilitation of job seeking for those who are directly engaged in agriculture, forestry, aquaculture or salt production and lack land for production due to land use restructuring or economic restructuring.
The State does not recognize the reclaim of land which has been allocated to others in accordance with the State’s regulations in the process of implementing the land policy of the State of the Democratic Republic of Vietnam, the Provisional Revolutionary Government of the Republic of South Vietnam and the State of the Socialist Republic of Vietnam.

Article 27. Responsibilities of the State for residential and agricultural land for ethnic minorities

To adopt policies on residential land and land for community activities for ethnic minorities in conformity with their customs, practices and cultural identities and the practical conditions of each region;
To adopt policies to help ethnic minorities who are directly engaged in agricultural production in rural areas have land for agricultural production.

Article 28. Responsibilities of the State for the creation and provision of land information

To develop and manage the land information system and guarantee the right to access to the land information system for organizations and individuals.
To promptly publicize available information in the land information system for organizations and individuals, except confidential information as prescribed by law.
To notify administrative decisions and acts in the field of land administration to organizations and individuals whose lawful rights and interests are affected.
Competent state agencies and persons in land administration and use shall create conditions and provide land information for organizations and individuals in accordance with law.

Chapter III
ADMINISTRATIVE BOUNDARIES AND BASE INVESTIGATION ON LAND
Section 1. ADMINISTRATIVE BOUNDARIES
Article 29. Administrative boundaries

The Government shall direct the identification of administrative boundaries and the compilation and management of administrative boundary records at all levels throughout the country.

The Minister of Home Affairs shall prescribe the order and procedures for identification of administrative boundaries and the management of boundary landmarks and administrative boundary records at all levels.
The Minister of Natural Resources and Environment shall prescribe the techniques and economic-technical specifications for placing administrative boundary landmarks and compiling administrative boundary records at all levels.

People’s Committees at all levels shall organize the identification of administrative boundaries in the field and compilation of administrative boundary records in their respective localities.

Commune-level People’s Committees shall manage administrative boundary landmarks in the field in their respective localities. If the administrative boundary landmarks are lost, moved or damaged, commune-level People’s Committees shall promptly report this to the People’s Committees of districts, towns or provincial cities (below referred to as district-level People’s Committee).

The administrative boundary records include paper and electronic documents showing information on the establishment and adjustment of an administrative unit and boundary landmarks and boundary lines of that administrative unit.

The superior People’s Committee shall certify the administrative boundary records of the immediate subordinate level. The Ministry of Home Affairs shall certify the administrative boundary records of provinces and centrally run cities.
The administrative boundary records of a level shall be archived at the People’s Committee of such level, the superior People’s Committee, the Ministry of Home Affairs and the Ministry of Natural Resources and Environment.

Disputes over administrative boundaries among administrative units shall be settled by the People’s Committees of such administrative units through their coordination. If no agreement can be reached or the results lead to changes in administrative boundaries, the settlement competence is provided as follows:

a/ If the dispute is related to the boundaries of provinces or centrally run cities, the Government shall submit it to the National Assembly for decision;
b/ If the dispute is related to the boundaries of districts, towns or provincial cities or communes, wards or townships, the Government shall submit it to the National Assembly Standing Committee for decision.
The Ministry of Natural Resources and Environment, the land administration agencies of provinces and centrally run cities and the land administration agencies of districts, towns and provincial cities shall provide necessary documents and coordinate with competent state agencies in settling land disputes over administrative boundaries.
Article 30. Administrative maps

The administrative maps of a locality must be made based on the administrative boundary maps of such locality.
The making of administrative maps must comply with the following provisions:

a/ The Ministry of Natural Resources and Environment shall provide dữections and guidelines for making administrative maps of all levels nationwide and organize the making of administrative maps for the whole country and provinces and centrally run cities;
b/ The People’s Committees of provinces and centrally run cities (below referred to as provincial-level People’s Committee) shall organize the making of administrative maps of districts, towns and provincial cities.
Section 2. BASE INVESTIGATION OF LAND
Article 31. Making and adjustment of cadastral maps

The survey for the establishment of cadastral maps must be conducted for each land parcel in each administrative unit of commune, ward or township.
The adjustment of cadastral maps is made when there are changes in shape, dimension, area of the land parcel or other factors related to the contents of cadastral maps.
The Minister of Natural Resources and Environment shall prescribe the making, adjustment and management of cadastral maps for the whole country and conditions for practicing cadastral survey.
Provincial-level People’s Committees shall organize the making, adjustment and management of cadastral maps in their respective localities.

Article 32. Investigation and assessment of land

Investigation and assessment of land include the following activities:

a/ Investigating and assessing land quality and potential;
b/ Investigating and assessing land degradation and pollution;
c/ Investigating and classifying agricultural land;
d/ Making land statistics and conducting land inventory;
e/ Investigating and making statistics on land prices; monitoring land price changes;
f/ Establishing and maintaining observation and supervision systems for land resources.

Investigation and assessment of land include the following contents:

a/ Sampling, analyzing and making statistics on observation data of, land;
b/ Making maps on land quality, land potential, land degradation, land pollution, classification of agricultural land, and land prices;
c/ Making assessment reports on land quality, land potential, land degradation, land pollution, classification of agricultural land, and land prices;
d/ Making reports on land statistics and land inventory, current land use maps, and reports on land price and changes in land prices.
Article 33. Organization of land investigation and assessment

The Ministry of Natural Resources and Environment shall:

a/ Organize, and publicize results of, investigation and assessment of land for the whole country and all regions once every 5 years and for each theme;
b/ Direct the investigation and assessment of land for provinces and centrally run cities;
c/ Summarize and publish results of investigation and assessment of land for the whole country.

Provincial-level People’s Committees shall organize, and publicize results of, investigation and assessment of land of their respective localities, and send the results to the Ministry of Natural Resources and Environment for summarization.
The Minister of Natural Resources and Environment shall prescribe the land investigation and assessment and conditions on the capacity of units which conduct land investigation and assessment.

Article 34. Land statistics and inventories and the making of current land use maps

Land statistics and inventories include periodical land statistics and inventories and thematic land inventories.
Periodical land statistics must be made and land inventories must be conducted according to the following provisions:

a/ Land statistics are made and land inventories are conducted for administrative units of communes, wards and townships;
b/ Land statistics are made once a year, except the year when land inventory is conducted;
c/ Land inventory is conducted once every 5 years.

The current land use map must be made once every 5 years in connection with land inventory as prescribed in Clause 2 of this Article.
Thematic land inventories serving the state management of land must be conducted under decisions of the Prime Minister or the Minister of Natural Resources and Environment.
Responsibilities for making land statistics and conducting land inventories and making current land use map are prescribed as follows:

a/ The People’s Committees at all levels shall make land statistics and conduct land inventories and make current land use maps of their respective localities;
b/ The People’s Committees at commune and district levels shall report the results of land statistics and inventories and the making of current land use maps of their respective localities to their immediate superior People’s Committees. Provincial-level People’s Committees shall report the results of land statistics and inventories and the making of current land use maps of their respective localities to the Ministry of Natural Resources and Environment;
c/ The Ministry of National Defense and the Ministry of Public Security shall assume the prime responsibility for, and coordinate with provincial-level People’s Committees in, making statistics and conducting inventories on land used for national defense or security purpose, and send reports on their results to the Ministry of Natural Resources and Environment;
d/ The Ministry of Natural Resources and Environment shall summarize and report to the Prime Minister and publicize the results of annual land statistics and 5-year land inventories for the whole country.

The Minister of Natural Resources and Environment shall detail the making of land statistics, conducting of land inventories and making of current land use maps.

Chapter IV
LAND USE MASTER PLANS AND PLANS
Article 35. Principles of formulation of land use master plans and plans

To conform to strategies, master plans and plans on socio-economic development, national defense and security.
To be formulated from the master level to detailed level. The land use master plan of the subordinate level must conform to the land use master plan of the superior level; and the land use plans must conform to the land use master plan approved by competent state agencies. The national land use master plan must take into account specific characteristics and linkages of the socio-economic regions; and the district-level land use master plans must demonstrate the contents of the commune-level land use.
To use land economically and efficiently.
To exploit natural resources reasonably together with environmental protection and climate change adaptation.
To protect and embellish cultural-historical relics and scenic spots.
To be democratic and public.
To ensure priority for using the land fund for the purposes of national defense and security, serve national and public interests, food security and environmental protection.
Master plans and plans of the sectors and localities that use land must conform to the land use master plans and plans already decided or approved by competent state agencies.

Article 36. System of land use master plans and plans

National land use master plans and plans.
Provincial-level land use master plans and plans.
District-level land use master plans and plans.
Land use master plans and plans for national defense.
Land use master plans and plans for security.

Article 37. Periods of land use master plans and plans

The period of land use master plans is 10 years.
The period of land use plans at the national and provincial levels and for national defense and security is 5 years. District-level land use plans must be made every year.

Article 38. National land use master plan and plan

The national land use master plan must be formulated based on:

a/ National strategies for socio-economic development, national defense and security; master plans on the development of socio-economic regions; and strategies and master plans for development of sectors;
b/ Natural and socio-economic conditions;
c/ Current land use status, land potential and results of implementation of the national land use master plan in the previous period;
d/ Land use demands of all sectors and fields;
e/ Scientific and technological advances related to land use.

The national land use master plan includes the following contents:

a/ Orientation for land use in 10 years;
b/ Determination of land use targets for agricultural land, non-agricultural land, unused land, including the determination of the areas of paddy land, land used only for wet rice farming, land for protection forest, land for special-use forest, land for production forest, land for aquaculture, land for salt production, land for national defense or security purpose, land for industrial parks, land for export processing zones, land for hi-tech zones, land for economic zones, land for national infrastructure development, land for cultural-historic relics and scenic spots, urban land and land for waste dumping and treatment;
c/ Determination of the areas of the land types specified at Point b, Clause 2 of this Article in the planning period for each provincial-level administrative unit and each socio-economic region;
d/ The land use master plan maps at the national level and of socio-economic regions;
e/ Solutions for implementation of the land use master plan.

The national land use plan must be formulated based on:

a/ The national land use master plan;
b/ The 5-year and annual socio-economic development plans of the whole country;
c/ Land use demands in 5 years of all sectors and fields;
d/ Results of implementation of the national land use plan in the previous period;
e/ Ability to invest and mobilize resources for implementing the land use plan.

The national land use plan includes the following contents:

a/ Analysis and evaluation of the implementation of the national land use plan in the previous period;
b/ Determination of the areas of the land types specified at Point b, Clause 2 of this Article in the 5-year land use plan;
c/ The 5-year land use plans for each provincial-level administrative unit and each socioeconomic region;
d/ Solutions for implementation of the land use plan.
Article 39. Provincial-level land use master plans and plans

A provincial-level land use master plan must be formulated based on:

a/ The national land use master plan;
b/ The master plans for socio-economic development of the socio-economic region and the province or centrally run city; the strategies and master plans for development of sectors and fields;
c/ Natural and socio-economic conditions of the province or centrally run city;
d/ Current land use status, land potential and results of implementation of the provincial-level land use master plan in the previous period;
e/ Land use demands of all sectors and fields and of the province;
f/ Land use quotas;
g/ Scientific and technological advances related to land use.

A provincial-level land use master plan has the following contents:

a/ Orientation for land use in 10 years;
b/ Determination of the areas of the land types already allocated in the national land use master plan and the areas of the land types in accordance with provincial-level land use demands;
c/ Determination of land use zones by land use function;
d/ Determination of the areas of the land types specified at Point b of this Clause for each district-level administrative unit;
e/ The provincial-level land use master plan map;
f/ Solutions for implementation of the land use master plan.

The provincial-level land use plans must be formulated based on:

a/ The national 5-year land use plan; the provincial-level land use master plan;
b/ The provincial-level 5-year and annual socio-economic development plans;
c/ Land use demands in 5 years of all sectors and fields and the province;
d/ Results of implementation of the provincial-level land use plan in the previous period;
e/ Ability to invest and mobilize resources for implementing the land use plan.

A provincial-level land use plan has the following contents:

a/ Analysis and evaluation of the implementation of the provincial-level land use plan in the previous period;
b/ Determination of the areas of the land types specified at Point b, Clause 2 of this Article in the land use plan period for each year and each district-level administrative unit;
c/ Determination of the areas of the land types for which land use purposes need to be changed as prescribed at Points a, b, c, d and e, Clause 1, Article 57 of this Law in the land use plan period for each year and each district-level administrative unit;
d/ Determination of the areas and locations of national and provincial-level construction works and projects which use land for the purposes prescribed in Articles 61 and 62 of this Law in the land use plan period for each year and each district-level administrative unit.
For projects on technical infrastructure, construction, improvement of urban centers and rural residential areas, the determination of locations and areas of recovered land areas in the adjacent areas must be conducted simultaneously in order to put land use rights up for auction to implement housing, trading, service, production and business projects;
e/ The provincial-level land use plan map;
f/ Solutions for implementation of the land use plan.
Article 40. District-level land use master plans and plans

A district-level land use master plan must be formulated based on:

a/ The provincial-level land use master plan;
b/ The master plans for socio-economic development of the province and district;
c/ Natural and socio-economic conditions of the district, town or provincial city;
d/ The current land use status, land potential and results of implementation of the previous district-level land use master plan;
e/ Land use demands of all sectors and fields, the district and communes;
f/ Land use quotas;
g/ Scientific and technological advances related to land use.

A district-level land use master plan has the following contents:

a/ Orientation for land use in 10 years;
b/ Determination of the areas of the land types already allocated in the provincial-level land use master plan and the areas of land types in accordance with land use demands of the district and communes;
c/ Determination of land use zones by land use function for each commune-level administrative unit;
d/ Determination of the areas of land types prescribed at Point b of this Clause for each commune-level administrative unit;
e/ The district-level land use planning map in which the zones already planned for paddy land and for changes of land use purposes as prescribed at Points a, b, c, d and e, Clause 1, Article 57 of this Law must be demonstrated in detail for each commune-level administrative unit;
f/ Solutions for implementation of the land use master plan.

A district-level annual land use plan must be formulated based on:

a/ The provincial-level land use plan;
b/ The district-level land use master plan;
c/ Land use demands in the planning year of all sectors, fields and levels;
d/ Ability to invest and mobilize resources for implementing the land use plan.

A district-level annual land use plan has the following contents:

a/ Analysis and evaluation on the implementation of the land use plan in the previous year;
b/ Determination of the areas of the land types already allocated in the provincial-level land use plan and the area of land types in accordance with land use demands of the district and communes in the planning year;
c/ Determination of the areas and locations of land to be recovered to implement construction works and projects which use land for the purposes prescribed in Articles 61 and 62 of this Law in the planning year for each commune-level administrative unit.
For the projects on technical infrastructure, construction, improvement of urban centers and rural residential areas, the determination of locations and areas of the recovered land in the adjacent area must be conducted simultaneously in order to put up land use rights for auction to implement housing, trading, service, production and business projects;
d/ Determination of the areas of land types of which land use purposes need to be changed as prescribed at Points a, b, c, d and e, Clause 1, Article 57 of this Law in the planning year and for each commune-level administrative unit;
e/ District-level annual land use plan map;
f/ Solutions for implementation of the land use plan.

Urban districts of which the urban master plans have been approved by competent state agencies shall formulate annual land use plans, but not land use master plans; in case the urban master plan of an urban district is inconsistent with the area allocated in the provincial-level land use master plan, it must be adjusted in accordance with the provincial-level land use master plan.

Article 41. Land use master plans and plans for national defense or security purpose

A land use master plan for national defense or security purpose must be formulated based on:

a/ The national land use master plan;
b/ Strategies for socio-economic development, national defense and security and master plans for the development of socio-economic regions;
c/ Natural and socio-economic conditions;
d/ The current land use status, land potential and results of implementation of the land use master plan for national defense or security purpose in the previous period;
e/ The land use demands for national defense or security;
f/ Land use quotas;
g/ Scientific and technological advances related to land use.

A land use master plan for national defense or security purpose has the following contents:

a/ Orientation for land use for national defense or security purpose;
b/ Determination of land use demands for national defense or security purpose in the planning period in accordance with the master plan for socio-economic development, national defense and security and national plan for socio-economic development;
c/ Determination of the locations and areas of land for national defense or security purpose which may be re-allocated to localities for management and use for socio-economic development;
d/ Solutions for implementation of the land use master plan for national defense or security purpose.

A land use plan for national defense or security purpose must be formulated based on:

a/ The national 5-year land use plan and the land use master plan for national defense or security purpose;
b/ The land use demands in 5 years for national defense or security purpose;
c/ Results of implementation of the land use plan for national defense or security purpose in the previous period;
d/ Ability to invest and mobilize resources for implementing the land use plan for national defense or security purpose.

A land use plan for national defense or security purpose has the following contents:

a/ Analysis and evaluation of the implementation of the land use plan for national defense or security purpose in the previous period;
b/ Determination of the locations and areas of land which shall be used for national defense or security purpose in the 5-year land use plan for each year;
c/ Determination in detail of the locations and areas of land for national defense or security purpose which may be re-allocated to localities in the 5-year period;
d/ Solutions for implementation of the land use plan for national defense or security purpose.
Article 42. Responsibilities for formulating land use master plans and plans

The Government shall organize the formulation of national land use master plans and plans. The Ministry of Natural Resources and Environment shall assume the prime responsibility for assisting the Government in formulating national land use master plans and plans.
Provincial-level People’s Committees shall organize the formulation of provincial- level land use master plans and plans. District-level People’s Committees shall organize the development of district-level land use master plans and plans.

Provincial- and district-level land administration agencies shall assume the prime responsibility for assisting their respective People’s Committees in the formulation of land use master plans and plans.

The Ministry of National Defense shall organize the formulation of land use master plans and plans for national defense. The Ministry of Public Security shall organize the formulation of land use master plans and plans for security.
The Government shall detail this Article.

Article 43. Consultations on land use master plan and plans

The agencies which organize the formulation of land use master plan and plans as prescribed in Clauses 1 and 2, Article 42 of this Law shall organize consultations with the public on land use master plans and plans.
The forms, contents and timing of consultation with the public on land use master plans and plans must comply with the following provisions:

a/ The consultations with the public on national and provincial-level land use master plans and plans must be conducted in the form of publicizing the contents of land use master plans and plans on the websites of the Ministry of Natural Resources and Environment and the provincial- level People’s Committees. The consultations with the public on district-level land use master plans and plans must be conducted in the form of organizing meetings, direct consultation and publicizing the contents of land use master plans and plans on the websites of provincial-level and district-level People’s Committees.
b/ The consultations with the public on land use master plans and plans must be conducted on the targets of land use master plans and plans, projects and construction works to be implemented during the land use master plan and plan periods;
c/ The consultations with the public on land use master plans and plans must be conducted within 30 days after competent state agencies decide to conduct consultations.

Agencies responsible for conducting consultations with the public on land use master plans and plans prescribed in Clause 1 of this Article shall prepare reports on summarization, assimilation and explanation of the public opinions, and improve the land use master plans and plans before submitting to the appraisal board for land use master plans and plans.
For land use master plans and plans for national defense or security purpose, the Ministry of National Defense and the Ministry of Public Security shall conduct consultations with provincial- level People’s Committees in the course of formulation of land use master plans and plans.

Article 44. Appraisal of land use master plans and plans

Competence to establish the appraisal board for land use master plans and plans:

a/ The Prime Minister may establish an appraisal board for national land use master plans and plans.
The Ministry of Natural Resources and Environment shall assist this appraisal board in the process of appraising land use master plans and plans;
b/ The Minister of Natural Resources and Environment may establish an appraisal board for land use master plans and plans for national defense or security purpose, and for provincial-level land use master plans and plans.
Land administration agencies at central level shall assist this appraisal board in the process of appraising land use master plans and plans;
c/ The chairperson of a provincial-level People’s Committee may establish an appraisal board for district-level land use master plans and plans.
Land administration agencies at provincial and district levels shall assist this appraisal board in appraising land use master plans and plans.

The appraisal boards for land use master plans and plans at all levels shall appraise and send the notices of appraisal results to the agencies in charge of organizing the formulation of land use master plans and plans as prescribed in Article 42 of this Law. The agencies in charge of organizing the formulation of land use master plans and plans shall assimilate and explain the contents stated in the notices of appraisal results.

In case of necessity, the appraisal board for land use master plans and plans shall organize the examination and field survey of the areas for which the land use purposes are planned to change, especially paddy land, land for protection forest and land for special-use forest.

The appraisal of a land use master plan covers the following contents:

a/ Legal and scientific bases for the formulation of the land use master plan;
b/ The extent of conformity of the land use master plan with strategies and master plans for socio-economic development, national defense and security of the whole country and the locality, and with the master plans for development of sectors and fields;
c/ Socio-economic and environmental effects;
d/ The feasibility of the land use master plan.

The appraisal of a land use plan covers the following contents:

a/ The extent of conformity of the land use plan with the land use master plan;
b/ The extent of conformity of the land use plan with the plan for socio-economic development;
c/ The feasibility of the land use plan.

The fund for appraisal of land use master plans and plans is determined as a separate item in the fund for formulation of land use master plans and plans.

Article 45. Competence to decide and approve land use master plans and plans

The National Assembly shall decide on national land use master plans and plans;
The Government shall approve provincial-level land use master plans and plans, land use master plans and plans for national defense purpose and land use master plans and plans for security purpose.

Provincial-level People’s Committees shall submit provincial-level land use master plans and plans to their respective People’s Councils for adoption before submitting them to the Government for approval.

Provincial-level People’s Committee shall approve district-level land use master plans and plans.

District-level People’s Committees shall submit district-level land use master plans to their People’s Councils for adoption before submitting them to the provincial-level People’s Committee for approval.
District-level People’s Committees shall submit annual land use plans to the provincial-level People’s Committee for approval. Provincial-level People’s Committees shall submit to their People’s Councils for adoption the lists of projects for which land needs to be recovered as prescribed in Clause 3, Article 62 of this Law, before approving the district-level annual land use plans.
Article 46. Adjustment of land use master plans and plans

Adjustment of a land use master plan is only conducted in the following cases:

a/ There are adjustments to the strategies for socio-economic development, national defense, and security or master plan for development of socio-economic regions and such adjustments result in change of land use structure;
b/ Natural disasters or wars result in changes in the land use purposes, structure, locations and area;
c/ There are adjustments in the land use master plan of the immediate superior level which affect the land use master plan of the concerned level;
d/ There are adjustments to local administrative boundaries.

Adjustments to a land use plan are only conducted when there are adjustments in the land use master plan or there are changes in the ability to implement the land use plan.
Adjustments to a land use master plan are part of the approved land use master plan. Adjustments to a land use plans are part of the approved land use plan.

The adjustment of land use master plans and plans must be conducted under Articles 42, 43, 44 and 48 of this Law.

The state agencies competent to decide on or approve land use master plans and plans at a certain level have competence to decide on or approve adjustments to land use master plans and plans at that level.

Article 47. Consultancy on formulation of land use master plan and plans

In the process of formulation of land use master plans and plans, the agencies in charge of the formulation process may hire consultants to formulate land use master plans and plans.
The Government shall prescribe the conditions for organizations and individuals to provide consultancy on formulation of land use master plans and plans.

Article 48. Publicization of land use master plans and plans

The land use master plans and plans at national, provincial and district levels must be publicized after being decided or approved by competent state agencies.
Responsibilities for publicizing land use master plans and plans are prescribed as follows:

a/ The Ministry of Natural Resources and Environment shall publicize the national land use master plans and plans at its head office and on its website;
b/ Provincial-level People’s Committees shall publicize provincial-level master plans and plans at their head offices and on their websites;
c/ District-level People’s Committees shall publicize district-level land use master plans and plans at their head offices and on their websites and the contents of district-level land use master plans and plans related to communes, wards and townships at the head offices of commune-level People’s Committees.

Timing and duration for publicizing land use master plans and plans are prescribed as follows:

a/ The land use master plan and plans must be publicized within 30 days from the date they are decided or approved by competent state agencies;
b/ The publicity is implemented throughout the land use master plan and plan periods.
Article 49. Implementation of land use master plans and plans

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

The Prime Minister shall, based on national land use targets which have been decided by the National Assembly, allocate land use targets for provinces and centrally run cities, the Ministry of National Defense and the Ministry of Public Security.
Provincial- and district-level People’s Committees shall implement land use master plans and plans of their respective localities.
Commune-level People’s Committees shall implement land use master plans and plans in their communes.
The Ministry of National Defense and the Ministry of Public Security shall implement land use master plans and plans for national defense or security, respectively.

If the land use master plan has been publicized but the annual district-level land use plan is not yet available, land users may continue using land and exercise the rights of land users as prescribed by law.

If the land use master plan and the annual district-level land use plan are available, land users for whom the land use purposes are to be changed or whose land is to be recovered in accordance with the plans may continue exercising the rights of land users, but may not build new houses or construction works or plant perennial crops. They shall apply for permission from competent state agencies before repairing or renovating existing houses or construction works.

If a land area is to be recovered for implementation of a project or for change of land use purpose as indicated in the publicized annual district-level land use plan, but the decision to recover land has not been issued or the change of land use purpose has not been approved within 3 years, the state agency that has competence to approve the land use plan shall adjust or cancel the recovery or change of land use purpose and shall publicize such adjustment or cancellation.

In case the state agency that has competence to approve the land use plan fails to adjust or cancel, or does adjust or cancel but fails to publicize such adjustment or cancellation, land users are not subject to the limitation of rights as prescribed in Clause 2 of this Article.

At the end of the land use master plan period, the land use targets that have not fully been implemented may continue to be implemented until the land use master plan of the subsequent period is decided or approved by competent state agencies.
The Government shall detail the organization of the implementation of land use master plans and plans.

Article 50. Report on implementation of land use master plans and plans

The responsibility to make annual reports on results of implementation of land use master plans and plans is prescribed as follows:

a/ The People’s Committees at commune and district levels shall send reports on results of implementation of land use master plans and plans to the direct superior People’s Committees. Provincial-level People’s Committees shall send report on results of implementation of land use master plans and plans to the Ministry of Natural Resources and Environment;
b/ The Ministry of National Defense or the Ministry of Public Security shall send reports on results of implementation of land use master plans and plans for national defense or security purpose to the Ministry of Natural Resources and Environment;
c/ The Ministry of Natural Resources and Environment shall summarize the annual results of implementation of land use master plans and plans of the whole country in a report to the Government for submission to the National Assembly at the year-end session.

The report on results of implementation of the annual land use plan for the last year of the first land use plan period must be enclosed with the review report on the implementation of the whole land use plan period.

The report on results of implementation of the annual land use plan for the last year of the land use master plan period must be enclosed with the review report on the implementation of the last land use plan period and the review report on the implementation of the whole land use master plan period.
Article 51. Settlement of problems arising in land use master plans and plans after this Law takes effect

When formulating the land use plans for 5 years (2016-2020), the land use master plans and plans that have been decided or approved by competent state agencies prior to the effective date of this Law must be reviewed and additionally investigated for adjustment in accordance with this Law.
If the district-level land use master plan and plan have not yet been approved by competent state agencies when this Law takes effect, the land recovery, land allocation, land lease, recognition of land use rights and change of land use purpose must be conducted in accordance with the provincial land use plans and the list of projects for socio-economic development of the district concerned which is prepared and submitted by the district-level People’s Committee to the provincial-level People’s Committee for decision.

The approval of district-level land use master plans and plans must be completed within 1 year after this Law takes effect.
Chapter V
LAND ALLOCATION, LAND LEASE AND CHANGE OF LAND USE PURPOSE
Article 52. Bases for land allocation, land lease and change of land use purpose

The annual district-level land use plans which have been approved by competent state agencies.
Land use demands as indicated in investment project documents or in applications for land allocation, land lease or change of land use purpose.

Article 53. Allocation or lease of land which is currently used by a person to another
The State’s decision on allocation or lease of land which is already being used by a person to another may be made only after a competent state agency decides on land recovery in accordance with this Law and the compensation, support and resettlement have been completed in accordance with law in case ground clearance is required.
Article 54. Land allocation without land use levy
The State shall allocate land without land use levy in the following cases:

Households and individuals directly engaged in agriculture, forestry, aquaculture or salt production to whom agricultural land is allocated within the quotas prescribed in Article 129 of this Law;
Persons who use land for protection forests, special-use forests or production forests which are natural forests, for office construction, for national defense or security purpose, for noncommercial public use, for cemeteries and graveyards which fall outside the cases prescribed in Clause 4, Article 55 of this Law;
Public non-business organizations that are not self-financed and use land for office construction.
Organizations that use land for construction of resettlement houses under the State’s projects.
Communities using agricultural land; religious institutions using non-agricultural land as prescribed in Clause 1, Article 159 of this Law.

Article 55. Land allocation with land use levy
The State shall allocate land and collect land use levy in the following cases:

Households and individuals that are allocated residential land;
Economic organizations that are allocated land to implement investment projects on construction of houses for sale or a combination of sale and lease;
Overseas Vietnamese and foreign-invested enterprises that are allocated land to implement investment projects for the construction of houses for sale or for a combination of sale and lease;
Economic organizations that are allocated land to implement investment projects on infrastructure of cemeteries and graveyards for transfer of land use rights together with the infrastructure.

Article 56. Land lease

The State may lease land and collect an annual land rental or full one-off rental for the entire lease period in the following cases:

a/ Households and individuals that use land for the purpose of agriculture, forestry, aquaculture or salt production;
b/ Households and individuals that need to further use agricultural land that exceeds the land allocation quotas prescribed in Article 129 of this Law;
c/ Households and individuals that use land for trading and services, mining activities, production of construction materials, production of ceramic products, and non-agricultural production establishments;
d/ Households and individuals that use land for construction of public facilities for commercial purpose;
e/ Economic organizations, overseas Vietnamese and foreign-invested enterprises that use land to implement investment projects in agriculture, forestry, aquaculture or salt production, for non-agricultural business and production purpose, for construction of public facilities for commercial purpose, and for implementation of investment projects on houses for lease;
f/ Economic organizations, self-financed public non-business organizations, overseas Vietnamese and foreign-invested enterprises that use land for construction of non-business facilities;
g/ Foreign organizations with diplomatic functions that use land to build offices.

The State may lease land to and collect annual rentals from people’s armed forces units for the purpose of agriculture, forestry, aquaculture or salt production, or in combination with national defense or security tasks.

Article 57. Change of land use purpose

Cases in which change of land use purpose requires permission by competent state agencies:

a/ Change of land for rice cultivation to land for perennial crops, forests, aquaculture or salt production;
b/ Change of land for other annual crops to land for saltwater aquaculture, salt production or aquaculture in ponds, lakes or marshlands;
c/ Change of land for special-use forests, protection forests or production forests to land for other purposes within the type of agricultural land;
d/ Change of agricultural land to non-agricultural land;
e/ Change of non-agricultural land which is allocated by the State without land use levy to non-agricultural land which is allocated by the State with land use levy, or to leased land;
f/ Change of non-agricultural land which is not residential land to residential land;
g/ Change of land for construction of non-business facilities or land for public purposes involving commercial purpose, or non-agricultural land for business and production purposes which is not land for trading or services to land for trading or services; change of land for trading or services or land for construction of non-commercial facilities to land for non-agricultural production establishments.

When changing the land use purpose under Clause 1 of this Article, land users shall fulfill financial obligations as prescribed by law. The land use regime and the rights and obligations of land users are those applicable to the type of the land used for the new purpose.

Article 58. Conditions for land allocation, land lease and change of land use purpose to implement investment projects

For investment projects that use paddy land or land for protection forests or land for special- use forests for other purposes and are other than those to be decided by the National Assembly or approved in principle by the Prime Minister, competent state agencies may only decide on land allocation or land lease or permit change of land use purpose when one of the following documents is available:

a/ The written approval by the Prime Minister for change of land use purpose for the paddy land with an area of 10 ha or more, and for protection forest or special-use forest with a land area of 20 ha or more;
b/ The resolution of the provincial-level People’s Council for change of land use purpose for the paddy land with an area less than 10 ha, and for protection forest or special-use forest with a land area less than 20 ha.

For investment projects which use land on islands or in border or coastal communes, wards or townships, competent state agencies may only decide on land allocation, land lease or change of land use purpose upon receiving written approval from related ministries and agencies.
Those who are allocated land or leased land by the State, or permitted by the State to change land use purpose to implement investment projects must meet the following conditions:

a/ Having financial capacity to ensure the land use according to the investment project’s schedule;
b/ Paying a deposit in accordance with the investment law;
c/ Not violating the land law if they are implementing other projects on the state-allocated or -leased land.

The Government shall detail this Article.

Article 59. Competence to allocate, lease land and approve change of land use purpose

Provincial-level People’s Committees may decide on the allocation or lease of land, and permit change of land use purpose in the following cases:

a/ Allocation or lease of land to, and permission for change of land use purpose for, organizations;
b/ Allocation of land to religious institutions;
c/ Allocation of land to overseas Vietnamese or foreign-invested enterprises under Clause 3, Article 55 of this Law;
d/ Lease of land to overseas Vietnamese or foreign-invested enterprises under Points e and f, Clause 3, Article 56 of this Law;

District-level People’s Committees may decide on the allocation or lease of land, and permit change of land use purpose in the following cases:

a/ Allocation or lease of land to, and permission of change of land use purpose for, households and individuals. If these subjects wish to lease or use agricultural land with an area of 0.5 ha or more for trading and service purposes, written approval from the provincial-level People’s Committee is required before the district-level People’s Committee makes decision;
b/ Allocation of land to communities.

Commune-level People’s Committees may lease land from the agricultural land fund for public purposes in their communes, wards or townships.
Agencies having the competence to decide on land allocation or lease and permit change of land use purpose as prescribed in Clauses 1 and 2 of this Article may not delegate their competence.

Article 60. Handling of cases of land allocation and land lease which are decided prior to the effective date of this Law

Economic organizations, households, individuals and overseas Vietnamese that are eligible to lease land in accordance with this Law and are allocated land with land use levy by the State prior to the effective date of this Law, may continue using the land for the remaining land use term without having to change to lease land. Upon the expiry of the land use term, if permitted to extend the land use term by a competent state agency, they shall change to lease land in accordance with this Law.
Organizations, households, individuals and overseas Vietnamese who are eligible to lease land in accordance with this Law and are allocated land by the State without land use levy prior to the effective date of this Law, shall change to lease land from the effective date of this Law and pay land rental.
Economic organizations, households, individuals and overseas Vietnamese that are eligible to lease land in accordance with this Law and lawfully acquire land use rights prior to the effective date of this Law, may continue using the land for the remaining land use term without having to change to lease land in accordance with this Law.
Economic organizations that are eligible to lease land in accordance with this Law and lawfully acquire agricultural land use rights from households or individuals that are allocated land without land use levy by the State to implement investment projects in agricultural production prior to the effective date of this Law, may continue using the land for the remaining land use term without having to change to lease land in accordance with this Law.
Overseas Vietnamese and foreign-invested enterprises that lease land with full one-off rental payment for the entire lease period to implement investment projects on construction of houses for sale or for a combination of sale and rent prior to the effective date of this Law, may continue using the land for the remaining land use term, or change to land allocation with land use levy in accordance with this Law if they have demand.

Chapter VI
LAND RECOVERY, LAND REQUISITION, COMPENSATION, SUPPORT AND RESETTLEMENT
Section 1. LAND RECOVERY AND LAND REQUISITION
Article 61. Land recovery for national defense or security purpose
The State may recover land for national defense or security purpose in the following cases:

Land for military barracks or offices;
Land for construction of military bases;
Land for construction of national defense works, battle fields and special works of national defense or security;
Land for military railway stations and ports;
Land for industrial, scientific and technological, cultural or sports facilities that directly serve national defense or security purpose;
Land for warehouses for the people’s armed forces;
Land for shooting grounds, training grounds, and weapon testing and destroying sites;
Land for training institutions and centers, hospitals and sanatoriums of the people’s armed forces;
Land for construction of public-duty houses of the people’s armed forces;
Land for detention and re-education institutions managed by the Ministry of National Defense or the Ministry of Public Security.

Article 62. Land recovery for socio-economic development in the national or public interest
The State may recover land for socio-economic development in the national or public interest in the following cases:

Implementation of projects of national importance which are approved in principle by the National Assembly for which land must be recovered.
Implementation of projects which are approved or decided by the Prime Minister, including:

a/ Projects on construction of industrial parks, export processing zones, hi-tech zones, economic zones, new urban centers; investment projects funded with official development assistance (ODA) capital;
b/ Projects on construction of offices of state agencies, central political and socio-political organizations, offices of foreign organizations with diplomatic functions; ranked historical-cultural relics and scenic spots, parks, squares, statutes, monuments and national public non-business facilities;
c/ Projects for construction of national technical infrastructure including transport, irrigation, water supply and drainage, electricity and communication facilities; oil and gasoline pipelines and depots; national reserve warehouses; facilities for waste collection and treatment.

Implementation of projects which are approved by provincial-level People’s Councils for which land must be recovered, including:

a/ Projects on construction of offices of state agencies, political and socio-political organizations; ranked historical-cultural relics and scenic spots, parks, squares, statutes, monuments, and local public non-business facilities;
b/ Projects on construction of local technical infrastructure including transport, irrigation, water supply and drainage, electricity, communication and urban lighting works; facilities for waste collection and treatment;
c/ Projects on construction of common activities of the communities; projects on resettlement, dormitories for students, social houses, and public-duty houses; construction of religious institutions, public culture, sports and entertainment and recreation centers; markets; graveyards, cemeteries, funeral service centers and cremation centers;
d/ Projects on construction of new urban centers and rural residential areas; on improvement of urban areas and rural residential areas; industrial clusters; concentrated zones for production and processing of agricultural, forestry, aquaculture and seafood products; and projects on development of protection forests or special-use forests;
dd/ Mining projects that are licensed by competent agencies, except mining of minerals for use as common construction materials, peat, and minerals in scattered and small mining areas, and salvage mining.
Article 63. Bases for land recovery for national defense or security purpose; for socio-economic development in the national or public interest
Land recovery for national defense or security purpose; for socio-economic development in the national or public interest must be based on the following:

The projects require land recovery as prescribed in Articles 61 and 62 of this Law.
The annual district-level land use plans which are approved by competent state agencies.
The land use schedule of the projects.

Article 64. Land recovery due to violations of land law

Cases of land recovery due to violations of the land law include:

a/ Land is not used for the purposes for which land has been allocated, leased, or land use rights have been recognized by the State and the land users, after having been sanctioned administratively for using land for improper purposes, still continue committing the violation;
b/ Land users intentionally damage land;
c/ Land was allocated or leased to wrong subjects or ultra vires;
d/ Land that is ineligible for transfer or donation as prescribed in this Law is transfeưed or donated;
e/ Land that is allocated by the State for management is encroached or occupied;
f/ Land that is ineligible for transfer of land use rights as prescribed by this Law is encroached or occupied due to the irresponsibility of land users;
g/ Land users who fail to fulfill obligations to the State and have been administratively sanctioned for such violation but do not comply;
h/ Land for annual crops that is not used for 12 consecutive months; land for perennial plants that is not used for 18 consecutive months; land for afforestation that is not used for 24 consecutive months;
i/ Land that is allocated or leased for implementing investment projects is not used within 12 consecutive months, or the land use schedule is 24 months late compared with the schedule stated in the project documents since the hand-over in the field. In case of not putting the land into use, the land use term may be extended 24 months and the investors shall pay a sum of money equivalent to the total land use levy or land rental for the delayed period. If the investors still fail to put the land into use when the extended time is over, the State shall recover the land without compensation for land and land-attached assets, except due to force majeure.

Land recovery due to violations of the land law must be based on documents and decisions issued by state agencies which are competent to determine violations of the land law.
The Government shall detail this Article.

Article 65. Land recovery due to termination of land use in accordance with law, voluntary return of land or risks of threatening human life

Cases of land recovery due to termination of land use in accordance with law, voluntary return of land or risks threatening human life include:

a/ Organizations to which land is allocated by the State without land use levy, or organizations to which land is allocated with land use levy and the land use levy is originated from the state budget, are dissolved, go bankrupt, move to another place, or have lower or no land use demand; land users which lease land with annual rental payment are dissolved, go bankrupt, move to another place, or have lower or no land use demand;
b/ Individual land users die without any heir;
c/ Land users return the land voluntarily;
d/ Land is allocated or leased by the State for definite periods and such periods expired without extension allowed;
e/ Land is located in environmentally polluted areas which bears the risks of threatening human life;
f/ Land having risks of being eroded or sunk or otherwise affected by other natural disasters threatening human life.

Land recovery prescribed in Clause 1 of this Article must be based on the following:

a/ For the case of land recovery prescribed at Point a, Clause 1 of this Article, the document of a competent agency which has taken legal effect;
b/ For the case of land recovery prescribed at Point b, Clause 1 of this Article, the death certificate or the decision declaring that the individual concerned is dead in accordance with law and the document issued by the commune-level People’s Committee of the locality where the individual concerned resides, confirming that he/she has no heir;
c/ For the case of land recovery prescribed at Point c, Clause 1 of this Article, the document of the land user on the return of land;
d/ For the case of land recovery prescribed at Point d, Clause 1 of this Article, the decision on land allocation or land lease;
e/ For the case of land recovery prescribed at Point e and Point f, Clause 1 of this Article, the decision issued by a competent state agency determining the extent to which land is environmentally polluted, eroded, sunk, or otherwise affected by another natural disaster which threatens human life.

The Government shall detail this Article.

Article 66. Competence to recover land

Provincial-level People’s Committee may decide on land recovery in the following cases:

a/ Recovery of land from organizations, religious institutions, overseas Vietnamese, foreign organizations with diplomatic functions, and foreign-invested enterprises, excluding the case prescribed at Point b, Clause 2 of this Article;
b/ Recovery of agricultural land which is part of the public land funds of communes, wards or townships.

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

a/ Recovery of land from households, individuals and communities;
b/ Recovery of land from overseas Vietnamese who are allowed to own houses in Vietnam.

In case both subjects prescribed in Clauses 1 and 2 of this Article exist in one recovered area, the provincial-level People’s Committee shall decide on the land recovery or authorize district-level People’s Committees to decide on the land recovery.

Article 67. Notification of land recovery and compliance with decisions on land recovery for national defense or security purpose; or for socio-economic development in the national or public interest

Before issuing a decision on land recovery, at least 90 days prior to the recovery of agricultural land or 180 days prior to the recovery of non-agricultural land, competent state agencies shall notify the land users of the land recovery. The contents to be notified include land recovery, investigation, survey, measurement and inventory plans.
In case land users whose land is recovered agree on the land recovery plan prior to the time limit prescribed in Clause 1 of this Article, the competent People’s Committee may decide on land recovery without having to wait until the time limit for the land recovery notification expires.
Land users whose land is recovered shall coordinate with agencies and organizations performing compensation and ground clearance in the process of investigation, survey, measurement, inventory, and making of plans for compensation, support and resettlement.
After the land recovery decisions take effect and plans for compensation, support and resettlement approved by competent state agencies are publicized, land users whose land is recovered shall comply with the land recovery decisions.

Article 68. Organizations in charge of compensation and ground clearance; management of recovered land

Organizations in charge of compensation and ground clearance include public land service organizations and compensation, support and resettlement councils.
The recovered land shall be allocated for management and use according to the following provisions:

a/ Land recovered under Articles 61 and 62 of this Law shall be allocated to investors for implementation of investment projects or to public land service organizations for management;
b/ Land recovered under Clause 1, Article 64, and Points a, b, c or d, Clause 1, Article 65 of this Law shall be allocated to public land service organizations for management and auction of land use rights.
In case the land recovered under Clause 1, Article 64, and Point a, b, c or d, Clause 1, Article 65 of this Law, is agricultural land of households and individuals in rural areas that land shall be allocated to commune-level People’s Committees for management. This land fund shall be allocated or leased in accordance with law to households and individuals that have no land or lack production land.

The Government shall detail this Article.

Article 69. Order and procedures for land recovery for national defense or security purpose; for socio-economic development in the national or public interest

The making and implementation of plans for land recovery, investigation, survey, measurement and inventory are prescribed as follows:

a/ The People’s Committee having competence to recover land shall issue a notice of land recovery.
The notice of land recovery must be sent to every land user whose land is recovered, publicized in the meetings with people in the recovered area and through the mass media, posted up at offices of the commune-level People’s Committee and at common public places of the residential areas of which land is recovered;
b/ The commune-level People’s Committee shall coordinate with the organization in charge of compensation and ground clearance to implement plans for land recovery, investigation, survey, measurement and inventory;
c/ Land users shall coordinate with the organization in charge of compensation and ground clearance in conducting investigation, survey and measurement of land area, inventory of houses and other land-attached assets to develop plans for compensation, support and resettlement;
d/ In case the land users in the recovered area do not cooperate with the organization in charge of compensation and ground clearance for investigation, survey, measurement and inventory, the commune-level People’s Committee and Vietnam Fatherland Front in the locality and the organization in charge of compensation and ground clearance shall mobilize and persuade the land users to cooperate.
If the land users still do not cooperate with the organization in charge of compensation and ground clearance within 10 days after the mobilization and persuasion, the chairperson of the district-level People’s Committee shall issue a decision on compulsory inventory. Land users whose land is to be recovered shall comply with that decision. In case the land users do not comply with the decision, the chairperson of the district-level People’s Committee shall issue a decision on enforcement of the decision on compulsory inventory and organize the enforcement in accordance with Article 70 of this Law.

The making and appraisal on plans for compensation, support and resettlement are prescribed as follows:

a/ The organization in charge of compensation and ground clearance shall make the plan for compensation, support and resettlement and coordinate with the commune-level People’s Committee in the locality to conduct consultations on the plans for compensation, support and resettlement in the forms of meetings with land users living in the recovered area, posting up the plan for compensation, support and resettlement at offices of the commune-level People’s Committee and at common public places of the residential areas of which land is recovered.
The consultation results must be recorded in minutes which are certified by representatives of the commune-level People’s Committee and Vietnam Fatherland Front, and land users whose land is recovered.
The organization in charge of compensation and ground clearance shall make a written summarization of opinions which clearly specifies the numbers of opinions for, against and other opinions regarding the plans for compensation, support and resettlement; coordinate with the commune-level People’s Committee in the locality in organizing dialogues with those who have objections on the plans for compensation, support and resettlement; and improve the plans for compensation, support and resettlement for submission to competent agencies.
b/ Competent agencies shall appraise the plans for compensation, support and resettlement before submitting them to the competent People’s Committee for decision on land recovery.

The decision on land recovery, the approval and the organization of implementation of the plans for compensation, support and resettlement are prescribed as follows:

a/ The People’s Committee which has the competence as prescribed in Article 66 of this Law shall issue a decision on land recovery and a decision on approval of the plans for compensation, support and resettlement in the same day;
b/ The organization in charge of compensation and ground clearance shall coordinate with the commune-level People’s Committee to publicize and post up the decision on approval of the plans for compensation, support and resettlement at the commune-level People’s Committee offices and at common public places of the residential areas of which land is recovered. The organization shall send the decision on compensation, support and resettlement to each person whose land is recovered and that decision will clearly show the level of compensation and support, arrangement of the resettlement land or house (if any), time and place of payment for compensation or support, time to arrange resettlement land or house (if any) and time to hand over the recovered land to the organization in charge of compensation and ground clearance;
c/ The organization in charge of compensation and ground clearance shall implement activities in accordance with the approved plans for compensation, support and resettlement;
d/ In case land users whose land is to be recovered fail to hand over the land to the organization in charge of compensation and ground clearance, the commune-level People’s Committee and Vietnam Fatherland Front in the locality and the organization in charge of compensation and ground clearance shall mobilize and persuade the land users to hand over.
In case the land users fail to comply with the decision even after the mobilization and persuasion, the chairperson of the district-level People’s Committee shall issue a decision on enforcement of land recovery and organize the enforcement in accordance with Article 71 of this Law.

The organization in charge of compensation and ground clearance shall manage land which is already cleared.

Article 70. Enforcement of decisions on compulsory inventory

Principles of enforcement of a decision on compulsory inventory:

a/ The enforcement is conducted in a public, democratic, objective, orderly, safe and lawful manner;
b/ The times of starting the enforcement fall in working hours.

The enforcement of a decision on compulsory inventory may be conducted when all the following requirements are met:

a/ Land users whose land is to be recovered do not comply with the decision on compulsory inventory after the mobilization and persuasion by the commune-level People’s Committee, Vietnam Fatherland Front and the organization in charge of compensation and ground clearance;
b/ The decision on enforcement of the compulsory inventory decision is posted up publicly at the office of the commune-level People’s Committee and at common public places of the residential area of which land is recovered;
c/ The decision on enforcement of the compulsory inventory decision has taken effect;
d/ The person who is to be coerced has received the effective decision on enforcement.
In case the person who is to be coerced refuses to receive the decision on enforcement or is absent when the decision on enforcement is delivered, the commune-level People’s Committee shall make a written record of delivery.

The district-level People’s Committee chairperson who issues the decision on enforcement shall execute the decision on compulsory inventory and organize the execution of the decision on enforcement.
The order and procedures for executing the decision on enforcement of compulsory inventory are prescribed as follows:

a/ The organization assigned to conduct the enforcement shall mobilize, persuade and organize dialogues with, the coerced people;
b/ In case the coerced person complies with the decision on enforcement, the organization assigned to conduct enforcement shall make a written record to acknowledge the compliance, and conduct investigation, survey, measurement or inventory.
In case the coerced person fails to comply with the decision on enforcement, the organization assigned to conduct the enforcement shall execute the decision on enforcement.
Article 71. Enforcement of land recovery decisions

The principles of enforcement of a land recovery decision comply with Clause 1, Article 70 of this Law.
The enforcement of a land recovery decision is conducted when all the following requirements are met:

a/ The person whose land is to be recovered fails to comply with the land recovery decision after the mobilization and persuasion by the commune-level People’s Committee and Vietnam Fatherland Front in the locality and the organization in charge of compensation and ground clearance;
b/ The decision on enforcement of the land recovery decision is posted up at the office of the commune-level People’s Committee and at common public places of the residential area of which land is recovered;
c/ The decision on enforcement of the land recovery decision has taken effect;
d/ The person who is to be coerced has received the effective decision on enforcement.
In case the person who is to be coerced refuses to receive the decision on enforcement or is absent when the decision on enforcement is delivered, the commune-level People’s Committee shall make a written record of delivery.

The chairperson of the district-level People’s Committee issues the decision on enforcement of the land recovery decision, and organizes the execution of the decision.
The order and procedures for enforcement of land recovery:

a/ Before executing the enforcement, the chairperson of the district-level People’s Committee shall decide to establish an enforcement board;
b/ The enforcement board shall mobilize, persuade, and conduct dialogues with, the coerced persons. If the coerced persons comply, the enforcement board shall prepare a written record to acknowledge the compliance. The land must be handed over within 30 days from the date of making the minutes.
In case the coerced person fails to comply with the decision on enforcement, the enforcement board shall execute the enforcement;
c/ The enforcement board has the power to ask coerced persons and related people to leave the coerced areas and to move their properties out of the land areas by themselves. If these people fail to comply, the enforcement board shall move the coerced persons, related people and their properties out of the areas.
In case the coerced person refuses to receive their properties, the enforcement board shall make a written record, preserve the properties in accordance with law, and notify the properties’ owners to get the properties back.

Responsibilities of organizations and individuals in executing decisions on enforcement of land recovery:

a/ The district-level People’s Committee shall implement the enforcement, settle complaints related to the enforcement in accordance with the law on complaints; implement the resettlement plans before executing the enforcement; ensure necessary conditions and means to serve the enforcement; and allocate funds for enforcement activities;
b/ The enforcement board shall assume the prime responsibility for making the enforcement plans and cost estimation for enforcement activities and submitting them to the competent People’s Committee for approval, conduct the enforcement in accordance with the approved plans and hand over the land to the organization in charge of compensation and ground clearance.
In case there remain properties on the coerced land, the enforcement board shall preserve the properties. The preservation cost shall be born by the properties’ owners;
c/ The police shall maintain social order and safety in the process of organizing the execution of the decision on enforcement of land recovery;
d/ The commune-level People’s Committee of the locality concerned shall coordinate with related agencies in delivering and posting up the decision on enforcement of land recovery, participate in the enforcement process and coordinate with the organization in charge of compensation and ground clearance in sealing and moving the properties of coerced people;
e/ Other related agencies, organizations and individuals shall coordinate with the enforcement board in executing the enforcement of land recovery at the request of the enforcement board.

The Government shall detail this Article.

Article 72. Land requisition

The State may requisition land in case of extreme necessity to perform the tasks of national defense or security, or in a state of war or emergency, or of prevention and combat of natural disasters.
The decision on land requisition must be made in writing. In case of emergency when the decision can not be made in writing, the person who has competence to requisition land may make the decision verbally but shall write a confirmation document on the land requisition decision right at the time of land requisition. The decision on land requisition takes effect from the time of its issuance.

Within 48 hours from the time of making the land requisition decision verbally, the agency of the person making that decision shall confirm in writing and send the confirmation document to the person whose land is requisitioned.

The Minister of National Defense, the Minister of Public Security, the Minister of Transport, the Minister of Agriculture and Rural Development, the Minister of Health, the Minister of Industry and Trade, the Minister of Natural Resources and Environment, chairpersons of provincial-level People’s Committees and chairpersons of district-level People’s Committees have the competence to decide on land requisition and to extend the duration of land requisition. The persons who have the competence to requisition land may not delegate this competence to another person.
The duration of land requisition must not exceed 30 days from the time the decision on land requisition takes effect. In a state of war or emergency, the duration of land requisition is counted from the date of issuance of the decision on land requisition, but must not exceed 30 days from the date the state of war or emergency is repealed.

In case the duration of land requisition expires but the objectives of the requisition have not been achieved, the land requisition duration may be extended for no more than 30 days. The decision to extend the land requisition must be made in writing and sent to the people whose land is requisitioned before the land acquisition duration expires.

The person whose land is requisitioned shall comply with the decision on land requisition. If the land requisition decision is made in accordance with law and the people whose land is requisitioned fail to comply with that decision, the person who decides to requisition the land shall issue a decision on enforcement and organize the enforcement, or assign the chairperson of the provincial-level People’s Committee and the district-level People’s Committee of the locality to organize the enforcement.
The person who has the competence to decide on land requisition shall allocate the requisitioned land to organizations and individuals for efficient and proper management and use; return the land when the requisition duration expires; and make compensation for the damage caused by the land requisition.
The compensation for damage caused by land requisition is prescribed as follows:

a/ The person whose land is requisitioned is entitled to compensation in case the requisitioned land is destroyed or his/her income is lost as a direct consequence of the land requisition;
b/ If the requisitioned land is destroyed, the compensation must be made in money, based on the price of land use rights transferred in the market at the payment time;
c/ If the person whose land is requisitioned loses income as a direct consequence of the land requisition, the compensation must be determined based on the actual loss of income from the hand-over date to the returning date of the requisitioned land which is indicated in the decision on return of the requisitioned land.
The amount of actual loss of income must be consistent with the income incurred from the requisitioned land in normal conditions prior to the requisition.
d/ The chairperson of the provincial- or district-level People’s Committee of the locality shall form a council to determine the level of compensation for damage caused by the land requisition based on the written declarations of the land users and cadastral records. Based on the level of compensation determined by the council, the chairperson of the provincial- or district-level People’s Committee shall decide on the compensation;
e/ Compensation for damage caused by land requisition must be paid from the state budget in one-off payment and directly to the person whose land is requisitioned within 30 days from the returning date.

The Government shall detail this Article.

Article 73. Use of land through transfer and lease of land use rights and receipt of land use rights contributed as capital for production and business

If the land used for the projects or facilities for production and business purposes is not subject to recovery by the State as prescribed in Articles 61 and 62 of this Law and such land use is in accordance with the land use master plans and plans approved by competent state agencies, the investors may receive the transfer of, or lease, land use rights, or receive land use rights contributed as capital in accordance with law.
The State shall adopt policies to encourage the lease of land use rights or the receipt of land use rights contributed as capital of economic organizations, households and individuals to implement the projects or facilities for production and business.
The Government shall detail this Article.

Section 2. COMPENSATION FOR LAND, SUPPORT AND RESETTLEMENT
Article 74. Principles of compensation upon land recovery by the State

Land users who meet the conditions prescribed in Article 75 of this Law upon land recovery by the State shall be compensated.
The compensation must be made in the form of allocating new land with the same land use purpose with the recovered land. If there is no land available for compensation, the land users shall receive compensation in money calculated according to the specific land price of the type of recovered land which is decided by the provincial-level People’s Committee at the time of the recovery decision.
The compensation upon land recovery by the State must be made in a democratic, impartial, equal, public, timely and lawful manner.

Article 75. Conditions for receiving compensation when the State recovers land for national defense or security purpose; for socio-economic development in the national or public interest

Households and individuals using land which is not leased land with annual rental payment, having a certificate of land use rights, a certificate of ownership of houses and residential land use rights, or a certificate of land use rights and ownership of houses and other land-attached assets (below referred to as the certificate), or being eligible to be granted a certificate under this Law but not being granted that certificate yet, except the cases prescribed in Clause 2, Article 77 of this Law. Overseas Vietnamese who are eligible to own houses associated with land use rights in Vietnam and are granted a certificate of land use rights and ownership of houses and residential land use rights and other land-attached assets, or being eligible to be granted such certificate under this Law but not being granted that certificate yet.
Communities and religious institutions using land which is not allocated or leased land by the State and having a certificate, or being eligible to be granted a certificate of land use rights and ownership of houses and other land-attached assets under this Law but not being granted that certificate yet.
Overseas Vietnamese who are allocated land with land use levy by the State, or are leased land with full one-off rental payment for the entire lease period, or are transferred land use rights in industrial parks, industrial clusters, export processing zones, hi-tech zones or economic zones, having a certificate or being eligible to be granted a certificate of land use rights and ownership of houses and other land-attached assets under this Law but not being granted that certificate yet.
Organizations that are allocated land with land use levy by the State, or are leased land with full one-off rental payment for the entire lease period, or receive inherited land use rights, or are transferred land use rights for which the land use levy has been paid or the amount paid for the transfer does not originate from the state budget, having a certificate or being eligible to be granted a certificate of land use rights and ownership of houses and other land-attached assets under this Law but not being granted that certificate yet.
Foreign organizations with diplomatic functions that are leased land by the State with full one-off rental payment for the entire lease period and having a certificate or being eligible to be granted a certificate of land use rights and ownership of houses and other land-attached assets under this Law but not being granted that certificate yet.
Economic organizations, overseas Vietnamese and foreign-invested enterprises that are allocated by the State land with land use levy to implement investment projects for construction of houses for sale or for a combination of sale and rent, or are leased land with full one-off rental payment for the entire lease period, having a certificate or being eligible to be granted a certificate of land use rights and ownership of houses and other land-attached assets under this Law but not being granted that certificate yet.

Article 76. Compensation for remaining investment costs on land when the State recovers land for national defense or security purpose; or for socio-economic development in the national or public interest

Cases that are not eligible for compensation for land but are eligible for compensation for the remaining investment costs on land when the State recovers the land include:

a/ Land which is allocated by the State without land use levy, except the cases in which agricultural land is allocated to households and individuals as prescribed in Clause 1, Article 54 of this Law;
b/ Land which is allocated with land use levy by the State to organizations but those organizations are exempted from land use levy;
c/ Land which is leased by the State with annual rental payment or leased land with full one- off rental payment for the entire lease period but the land rental is exempted, for cases in which households and individuals use land under the policies for people with meritorious services to the revolution;
d/ Agricultural land belonging to the public land fund of the communes, wards or townships;
e/ Contracted land for agriculture, forestry, aquaculture or salt production.

The Government shall detail this Article.

Article 77. Compensation for land and remaining investment costs on land when the State recovers agricultural land from households and individuals

Households and individuals using agricultural land when the State recovers land are eligible to receive compensation for land and remaining investment costs on land in accordance with the following provisions:

a/ Agricultural land area to be compensated includes the area within the quotas as prescribed in Articles 129 and 130 of this Law and the area received in the form of inheritance;
b/ Agricultural land area exceeding the quota specified in Article 129 of this Law is ineligible for compensation for land but is eligible for the remaining investment costs on land;
c/ For agricultural land area exceeding the quota prior to the effective date of this Law, the compensation and support must comply with the Government’s regulations.

For agricultural land which was used before July 1,2004, of which land users are households and individuals directly engaged in agricultural production but have not been granted a certificate or not being eligible to be granted a certificate of land use rights and ownership of houses and other land-attached assets under this Law, the compensation must be made for the land area which is actually used and does not exceed the agricultural land allocation quota prescribed in Article 129 of this Law.

Article 78. Compensation for land and remaining investment costs on land when the State recovers agricultural land from economic organizations, self-financed public non-business organizations, communities or religious institutions

For economic organizations that are using allocated agricultural land with land use levy or leased land with full one-off rental payment for the entire lease period, or are transferred land use rights, if they are eligible for compensation as prescribed in Article 75 of this Law when the State recovers the land, they shall be compensated for land for the remaining land use term.
Economic organizations, self-financed public non-business organizations that are using allocated agricultural land with annual rental payment, shall, upon land recovery by the State, not be compensated for land but for the remaining investment costs on land if the costs do not originate from the state budget.

If agricultural land is not land for special-use forest, protection forest or production forest which is natural forest and has been contracted by economic organizations to households and individuals in accordance with law, upon land recovery by the State, die households and individuals acquiring the contracted land shall not be compensated for land but for the remaining investment costs on land.

Communities and religious institutions that are using agricultural land and eligible for compensation as prescribed in Article 75 of this Law, shall, upon land recovery by the State, be compensated for land in accordance with the Government’s regulations.

Article 79. Compensation for land when the State recovers residential land

Households and individuals using residential land and overseas Vietnam owning houses associated with land use rights in Vietnam, who are eligible for compensation as prescribed in Article 75 of the Law upon land recovery by the State, shall be compensated as follows:

a/ If they have no other residential land or houses in the communes, wards or townships in which the recovered land is located, they shall be compensated with residential land or house. If they have no need for compensation with residential land or house, the State shall compensate them in money;
b/ If they have other residential land or houses in the communes, wards or townships in which the recovered land is located, they shall be compensated in money. For localities with available land fund, the compensation in the form of land may be considered.

For households and individuals that are required to move upon the State’s recovery of land and land-attached houses, if they are ineligible for compensation with residential land and have no other living place, the State shall offer houses for them to buy or lease-purchase, or allocate them residential land with land use levy.
Economic organization, overseas Vietnamese and foreign-invested enterprises that are using land for housing projects and are eligible for compensation as prescribed in Article 75 of this Law, shall be compensated for land upon land recovery by the State.
The Government shall detail this Article.

Article 80. Compensation for land and remaining investment costs on land when the State recovers non-agricultural land which is not residential land of households and individuals

For households and individuals using non-agricultural land which is not residential land, when the State recovers land, if they are eligible for compensation as prescribed in Article 75 of this Law, they shall be compensated with land having the same land use purpose. In case such land is not available for compensation, they shall be compensated with money calculated based on the remaining land use term.
For households and individuals using non-agricultural land which is not residential land and is leased by the State with annual rental payment or with full one-off rental payment for the entire lease period but being exempted from land rental, when the State recovers land, they shall not be compensated for land but for the remaining investment costs in land, except the cases in which households and individuals use land under the policies for people with meritorious services to the revolution.
The Government shall detail this Article.

Article 81. Compensation for land and remaining investment costs on land when the State recovers non-agricultural land which is not residential land from economic organizations, self-financed public non-business organization, communities, religious institutions, overseas Vietnamese, foreign organizations with diplomatic functions, and foreign-invested enterprises

For economic organizations and overseas Vietnamese using non-agricultural land which is not residential land or land of cemeteries or graveyards, when the State recovers land, if they are eligible for compensation as prescribed in Article 75 of this Law, they shall be compensated with land having the same land use purpose. In case that land is not available for compensation, they shall be compensated with money calculated based on the remaining land use term.
Economic organizations using land allocated for construction of cemeteries or graveyards as prescribed in Clause 4, Article 55 of this Law, or joint ventures using non-agricultural land that is not residential land as a result of receipt of land use rights contributed as capital as prescribed in Article 184 of this Law, shall be compensated for land according to the Government’s regulations when the State recovers the land.
For economic organizations, self-financed public non-business organization, overseas Vietnamese, foreign organizations with diplomatic functions, and foreign-invested enterprises using non-agricultural land which is leased with full one-off rental payment for the entire lease period, if they are eligible for compensation as prescribed in Article 75 of this Law when the State recovers land, they shall be compensated for land according to the remaining land use term.
Economic organizations, self-financed public non-business organization, overseas Vietnamese, foreign organizations with diplomatic functions, and foreign-invested enterprises using non-agricultural land which is leased by the State with annual rental payment shall be compensated for the remaining investment costs on land upon land recovery by the State.
For communities and religious institutions using non-agricultural land, if they are eligible for compensation as prescribed in Article 75 of this Law when the State recovers land, they shall be compensated for land in accordance with the Government’s regulations.

Article 82. Cases in which compensation for land is not made upon land recovery by the State
The State shall recover land without compensation for land in the following cases:

The cases specified in Clause 1, Article 76 of this Law;
Land which is allocated by the State for management;
Land which is recovered as prescribed in Article 64 and at Points a, b, c and d, Clause 1, Article 65 of this Law;
Cases that are not eligible for a certificate of land use rights and ownership of houses and other land-attached assets in accordance with this Law, except the cases prescribed in Clause 2, Article 77 of this Law.
Principles of support upon land recovery by the State:

a/ Upon land recovery by the State, in addition to receiving compensation in accordance with this Law, land users shall also be considered for receiving support from the State;
b/ The support must ensure impartiality, equality, publicity, timeliness and lawfulness.

The support upon land recovery by the State includes:

a/ Support for stabilizing livelihood and production;
b/ Support for training, occupation change and job seeking for cases of recovery of agricultural land from households and individuals directly engaged in agricultural production, or of recovery of land which is a combination between residential land and land for trading and services of households and individuals that have to be relocated;
c/ Support for resettlement in case of recovery of land from households, individuals and overseas Vietnamese who have to be relocated;
d/ Other support.

The Government shall detail this Article.

Article 84. Support for vocational training, occupation change and job seeking for households and individuals upon land recovery by the State

For households and individuals directly engaged in agricultural production, when the State recovers agricultural land and there is no agricultural land available for compensation, in addition to receiving compensation in money, they are entitled to support for vocational training, occupation change and job seeking.

In case the people who are entitled to support for vocational training, occupation change or job seeking are of working age and have need for vocational training, they may be admitted to vocational training centers, receive counseling on job seeking and preferential loans to develop production and business.

Households and individuals using residential land in combination with trading and services in which the main source of income derives from trading and services, and need to be relocated when the State recovers land, are entitled to preferential loans to develop production and business. Those whose land is recovered and who are of working age are entitled to support for vocational training, occupation change and job seeking.
Based on the annual district-level land use plans, provincial- and district-level People’s Committees shall make and implement plans for vocational training, occupation change and job seeking for those whose recovered land is agricultural land or residential land in combination with trading and services. Plans for vocational training, occupation change and job seeking shall be developed and approved concurrently with plans for compensation, support and resettlement.

During the process of making plans for vocational training, occupation change and job seeking, provincial- and district-level People’s Committees shall organize consultations with, and give explanation and assimilate opinions from, people whose land is recovered.
Article 85. Formulation and implementation of resettlement projects

Provincial- and district-level People’s Committees shall develop and implement the resettlement projects before conducting the land recovery.
In the concentrated resettlement areas, infrastructure must be developed synchronously, ensuring construction standards and regulations and conformity with the conditions, customs and practices of each region and area.
Land recovery can only be conducted after the construction of houses and infrastructure in the resettlement area is completed.
The Government shall detail this Article.

Article 86. Resettlement arrangement for those whose land is recovered and who need to be relocated

The organization in charge of compensation and ground clearance which is assigned by the provincial- and district-level People’s Committees to arrange resettlement shall notify those whose land is recovered and who need to be relocated of the tentative resettlement arrangement plan and post up the plan at the offices of the commune-level People’s Committee, at common public places of the residential areas of which land is recovered and at resettlement areas for at least 15 days before competent state agencies approve the plan.

The contents of the notification include the location and area of resettlement land and resettlement houses, design and area of each land lot or apartment, prices of resettlement land and resettlement houses, and the tentative plan for resettlement arrangement for those whose land is recovered.

People whose land is recovered shall be resettled in the same place if the resettlement projects are developed or conditions for resettlement arrangement exist in the recovered area. Convenient locations are prioritized for those who hand over the recovered land early or people with meritorious services to the revolution.

The approved plan for resettlement arrangement must be publicized at the office of the commune-level People’s Committee and at common public places of the residential areas of which land is recovered.

The specific land price used to calculate land use levy at resettlement areas and the sale price of resettlement houses shall be determined by the provincial-level People’s Committee.
In case people having land recovered are resettled while the amount of compensation and support is not enough to buy the minimum resettlement plot, the State shall make up the deficit.

The Government shall specify the minimum resettlement plot in conformity with specific conditions of each region, area and locality.
Article 87. Compensation, support and resettlement for special cases

For investment projects that are decided by the National Assembly or approved in principle by the Prime Minister and require relocation of all population in the community, affecting all the livelihood, socio-economic activities, and cultural traditions of the community, and for projects of which the recovered land is located in several provinces and centrally run cities, the Prime Minister shall decide on the policy framework for compensation, support and resettlement.
For projects using loans from international or foreign organizations for which Vietnam has committed to a policy framework for compensation, support and resettlement, that framework policy shall apply.
For the cases prescribed at Points e and f, Clause 1, Article 65 of this Law, people whose land is recovered are entitled to compensation, support and resettlement to stabilize their livelihood and production in accordance with the Government’s regulations.

Section 3. COMPENSATION FOR DAMAGE TO ASSETS, PRODUCTION AND BUSINESS
Article 88. Principles of compensation for damage to assets and damage incurred due to stopped production and business upon land recovery by the State

If land-attached assets are damaged upon land recovery by the State, lawful owners of those assets are entitled to compensation.
Upon the land recovery by the State, if organizations, households, individuals, overseas Vietnamese or foreign-invested enterprises have to stop production and business which causes them damage, they are entitled to compensation for the damage.

Article 89. Compensation for damage to houses and construction facilities on land upon the land recovery by the State

For houses and land-attached residential construction facilities of households, individuals or overseas Vietnamese which are wholly or partially dismantled upon land recovery by the State while the remaining part does not meet technical standards as prescribed by law, their owners are entitled to compensation equivalent to the value of new houses and construction facilities with equivalent technical standards.

If the remaining part of the houses and construction facilities still meets the technical standards as prescribed by law, the compensation must be made based on the actual damage.

For houses and other land-attached construction facilities not falling into the case specified in Clause 1 of this Article, which are wholly or partially dismantled upon land recovery by the State while the remaining part does not meet technical standards as prescribed by law, their owners are entitled to compensation for the damage in accordance with the Government’s regulations.
For land-attached technical infrastructure and social infrastructure cuưently in use and not falling into the cases specified in Clauses 1 and 2 of this Article, the compensation amount is equivalent to the value of new construction facilities with equivalent technical standards prescribed by specialized law.

Article 90. Compensation for plants and livestock

In case the land recovery by the State causes damage to plants, the compensation shall be made according to the following provisions:

a/ For annual crops, the compensation must be equal to the output value of the harvest. The output value of the harvest is the highest yield of the harvests in the preceding 3 years of the local main crop and the average price at the time of land recovery;
b/ For perennial crops, the compensation must be equal to the current value of the planting area calculated in local prices at the time of the land recovery, excluding the value of land use rights;
c/ For plants which have not been harvested yet but can be brought to another location, the transportation cost and the actual damage due to the transportation and re-planting must be compensated;
d/ For planted forests funded by the state budget and for natural forests allocated to organizations, households and individuals for planting, management, growing or protection, the value of the actual damage must be compensated. The compensation amount must be divided to those who manage, grow and protect the forests in accordance with the law on forest protection and development.

In case land recovery by the State causes damage to aquatic livestock, the compensation must be made according to the following provisions:

a/ For aquatic livestock which are due to be harvested at the time of land recovery, no compensation must be made;
b/ For aquatic livestock which are not due to be harvested at the time of land recovery, the actual damage due to the early harvest must be compensated. In case the aquatic livestock can be brought to another location, the transportation cost and the damage caused by the transportation must be compensated. The specific compensation amount must be determined by provincial-level People’s Committees.
Article 91. Compensation for transportation costs upon land recovery by the State

Upon land recovery by the State, people whose assets need to be moved shall be compensated for the cost of dismantlement, transportation and installation. In case of moving machinery or production lines, the damage caused during the process of dismantlement, transportation and installation must also be compensated.
Provincial-level People’s Committees shall prescribe the compensation amount mentioned in Clause 1 of this Article.

Article 92. Cases ineligible for compensation for land-attached assets upon land recovery by the State

Land-attached assets falling into any of the cases of land recovery specified at Points a, b, d, e, f and i, Clause 1, Article 64, and at Points b and d, Clause 1, Article 65 of this Law.
Land-attached assets which are illegally created or created after the notice of land recovery by a competent state agency takes effect.
Technical infrastructure, social infrastructure and other construction facilities which are no longer in use.

Article 93. Payment of compensation, support and resettlement money

Within 30 days after the decision on the land recovery by a competent state agency takes effect, agencies and organizations in charge of compensation shall pay compensation and support to people whose land is recovered.
If agencies and organizations in charge of compensation delay the payment, in addition to the compensation and support prescribed in approved plans for compensation, support and resettlement, people whose land is recovered are entitled to an amount equivalent to the late- payment interest in accordance with the Law on Tax Administration calculated based on the unpaid amount and the delayed period.
In case people whose land is recovered do not receive the compensation and support prescribed in approved plans for compensation, support and resettlement, this compensation and support must be deposited in the temporary custody account of the State Treasury.
For land users who are entitled to compensation upon land recovery by the State but have not fulfilled land-related financial obligations as prescribed by law, the amount of these financial obligations must be deducted from the compensation amount and paid back to the state budget.
The Government shall detail this Article.

Article 94. Compensation for land within safety coưidors upon construction of facilities with safety corridors
When the State constructs public, national defense or security facilities with safety corridors without recovering the land located within the safety corridors, the land users are entitled to compensation for the damage caused by limited land use and for the damage to land-attached assets in accordance with the Government’s regulations.
Chapter VII
LAND REGISTRATION, GRANT OF CERTIFICATES OF LAND USE RIGHTS AND OWNERSHIP OF HOUSES AND OTHER LAND-ATTACHED ASSETS
Section 1. REGISTRATION OF LAND, HOUSES AND OTHER LAND-ATTACHED ASSETS
Article 95. Registration of land, houses and other land-attached assets

Land registration is compulsory for land users and people who are allocated land for management. Registration of ownership of houses and other land-attached assets is conducted at the request of the owner.
Registration of land, houses and other land-attached assets includes the first registration and change registration which are conducted at the land registration organization under the land administration agency, in the form of paper or electronic registration, which are of the same legal validity.
First registration is conducted in the following cases:

a/ The land parcel is allocated or leased for use;
b/ The land parcel is in use but not registered yet;
c/ The land parcel is allocated for management but not registered yet;
d/ The houses and other land-attached assets are not registered yet.

Change registration is conducted in the cases in which the certificates have been granted or change occurs after the first registration as follows:

a/ The land user or the owner of land-attached assets exercises the right to exchange, transfer, lease, sublease, inherit, donate land use rights or land-attached assets; mortgage or contribute as capital land use rights or land-attached assets;
b/ The land user or the owner of land-attached assets is allowed to change his/her name;
c/ There is a change in the shape, dimension, area, number and address of the land parcel;
d/ There is a change in land-attached assets compared with the registered contents;
e/ There is a change of land use purpose;
f/ There is a change of land use term;
g/ There is a change from land lease with annual rental payment to land lease with one-off rental payment for the entire lease period, from land allocation without land use levy to land lease, or from land lease to land allocation with land use levy in accordance with this Law;
h/ Land use rights or the ownership of houses and other land-attached assets of the wife or husband is converted the joint land use rights and ownership of houses and other land-attached assets of both husband and wife;
i/ The joint land use rights and ownership of houses and other land-attached assets of the organization or the household, of both husband and wife, of joint land users group and joint owners of land-attached assets are split;
k/ There is a change in land use rights or ownership of houses and other land-attached assets as a result of the successful conciliation of land disputes which is confirmed by a competent People’s Committee, the agreement in the mortgage contract to settle the debt, the decision of a competent state agency on settlement of land dispute, complaint and denunciation, the decision or judgment of a People’s Court, the decision on enforcement of the enforcement board which has been implemented, or the document recognizing the result of the auction of land use rights in accordance with law;
l/ The limited use rights to the adjacent land parcel are established, changed or terminated;
m/ There is a change in the limitations on the rights of land users.

Land users and owners of land-attached assets who have declared and registered are recorded in the cadastral book and granted a certificate of land use rights and ownership of houses and other land-attached assets if they so request and are eligible in accordance with this Law and other relevant laws. In case of change registration, land users are granted a certificate of land use rights and ownership of houses and other land-attached assets, or have the change certified in the granted certificate.

In case of first registration, if land users are ineligible for a certificate of land use rights and ownership of houses and other land-attached assets, they may use land temporarily until the State issues a handling decision on the issue in accordance with Government’s regulations.

For the cases of change registration specified at Points a, b, h, i, k and 1, Clause 4 of this Article, land users shall perform the procedures for change registration within 30 days from the date of the change. In case of inheritance, this period is calculated from the date the inherited land use rights are divided.
The registration of land and land-attached assets takes effect on the date of registration in the cadastral book.

Article 96. Cadastral records

Cadastral records include paper or digital documents which show detailed information on each land parcel, people assigned to manage the land, the land user, the owner of any land-attached asset, land use rights and changes of land use rights, and the ownership of land-attached assets.
The Minister of Natural Resources and Environment shall prescribe cadastral records, the establishment, editing and management of cadastral records, and provide a roadmap for change from paper to digital cadastral records.

Section 2. GRANT OF THE CERTIFICATE OF LAND USE RIGHTS AND OWNERSHIP OF HOUSES AND OTHER LAND-ATTACHED ASSETS
Article 97. Certificates of land use rights and ownership of houses and other land-attached assets

A certificate of land use rights and ownership of houses and other land-attached assets is granted to those who have land use rights and the ownership of houses and other land-attached assets, which is made according to a single form used nationwide.

The Minister of Natural Resources and Environment shall issue specific regulations on the certificate of land use rights and ownership of houses and other land-attached assets.

The certificate of land use rights, the certificate of house ownership and residential land use rights, the certificate of house ownership and the certificate of construction facilities ownership which have been granted in accordance with the land law, housing law or construction law before December 10, 2009, remain legally valid and are not required to be changed to the certificate of land use rights and ownership of houses and other land-attached assets. In case those who were granted a certificate before December 10, 2009, want to change the certificate, they shall be granted the certificate of land use rights and ownership of houses and other land-attached assets in accordance with this Law.

Article 98. Principles of grant of certificates of land use rights and ownership of houses and other land-attached assets

The certificate of land use rights and ownership of houses and other land-attached assets shall be granted for each land parcel. Land users who are using several agricultural land parcels in the same commune, ward or township, shall be granted one certificate for all parcels at their request.
For a land parcel which is used by several land users or for the houses and other land-attached assets which are owned by several owners, the names of all involved persons shall be recorded in the certificate, and each person shall be granted one certificate. At the request of the land users or owners, only one certificate may be granted to all of them and delivered to the representative.
Land users or owners of houses and other land-attached assets shall be granted a certificate of land use rights and ownership of houses and other land-attached assets after they have fulfilled the financial obligations as prescribed by law.

In case the land users or owners of houses and other land-attached assets do not have to fulfill financial obligations or are exempted from financial obligations or allowed to owe the financial obligations and in case the land is leased with annual rental payment, they may receive the certificate of land use rights and ownership of houses and other land-attached assets right after the certificate is granted by a competent agency.

In case land use rights, or land use rights and the ownership of houses and other land- attached assets, or the ownership of houses and other land-attached assets are/is the joint property of husband and wife, the full names of both husband and wife must be recorded in the certificate of land use rights and ownership of houses and other land-attached assets, unless husband and wife agree to record the full name of only one person.

In case land use rights, or land use rights and the ownership of houses and other land-attached assets, or the ownership of houses and other land-attached assets are/is the joint property of husband and wife and the granted certificate only records the full name of the husband or wife, a new certificate which records the full names of both husband and wife may be granted if requested.

If there is a difference in the area between the actual surveyed data with data recorded on the documents as prescribed in Article 100 of this Law or in the granted certificate while the boundaries of the land parcel in use have not changed compared with the boundaries of the land parcel at the time of receiving the document on land use rights and there is no dispute with the adjacent land users, the land area is determined in accordance with the actual surveyed data for granting or changing the certificate. Land users do not have to pay land use levy for the positive balance in area, if any.

In case of resurvey and the boundaries of the land parcel change compared with the boundaries of the land parcel at the time of receiving the document on land use rights and the surveyed area is larger than the area recorded in that document, the balance area (if any) may be considered for the grant of a certificate of land use rights and ownership of houses and other land-attached assets in accordance with Article 99 of this Law.
Article 99. Cases of land use to be granted a certificate of land use rights and ownership of houses and other land-attached assets

The State shall grant a certificate of land use rights and ownership of houses and other land-attached assets for the following cases:

a/ Current land users who are eligible to be granted a certificate of land use rights and ownership of houses and other land-attached assets in accordance with Articles 100, 101 and 102 of this Law;
b/ People who are allocated land or leased land by the State from the date this Law takes effect;
c/ People who are allowed to exchange, acquire, inherit, receive land use rights as a donation, or receive land use rights contributed as capital, or to receive land use rights upon settlement of contracts on mortgage with land use rights to recover debts;
d/ People who are entitled to use land as a result of the successful conciliation of land disputes, a judgment or decision of the People’s Court, a judgment enforcement decision of the judgment enforcement agency, or a decision on settlement of land disputes, complaints or denunciations of a competent state agency, which has been executed;
e/ People who use land in industrial parks, industrial parks, export processing zones, hi-tech zones or economic zones;
g/ People who buy houses and other land-attached assets;
h/ People who buy houses attached to residential land liquidated by the State or buy state- owned houses;
i/ People who use split or consolidated land parcels; a group of land users or members of a household, husband and wife, organizations using land who split or consolidate the existing land use rights;
k/ Land users who request change or re-grant of a lost certificate.

The Government shall detail this Article.

Article 100. Grant of the certificate of land use rights and ownership of houses and other land-attached assets to households, individuals and communities that are using land and have documents on land use rights

Households and individuals that are using land stably and have one of the following documents shall be granted a certificate of land use rights and ownership of houses and other land-attached assets without having to pay land use levy:

a/ The documents on land use rights before October 15, 1993, which were granted by a competent agency in the process of implementing the land policy of the Democratic Republic State of Vietnam, the Provisional Revolutionary Government of the Republic of South Vietnam or the Socialist Republic of Vietnam;
b/ Temporary certificates of land use rights granted by competent state agencies, or having their names recorded in the Land Register Book or Cadastral Book before October 15, 1993;
c/ Lawful papers on inheritance or donation of land use rights or land-attached assets, documents on hand-over of land-attached gratitude house or charity house;
d/ The document on the transfer of land use rights or purchase of residential land-attached houses before October 15, 1993, and such houses were certified as being used before October 15, 1993, by the commune-level People’s Committee;
e/ The document on liquidation of residential land-attached houses by the State or document on purchase of a state-owned house in accordance with law;
f/ The document on land use rights issued by a competent authority of the former regime to land users;
g/ Other documents issued before October 15, 1993, in accordance with the Government’s regulations.

Households and individuals that are using the land and have one of the documents specified in Clause 1 of this Article bearing the names of other people accompanied by the documents on transfer of land use rights signed by the related parties, but have not performed the procedures for the transfer of land use rights in accordance with law prior to the effective date of this Law, and there is no dispute on that land, shall be granted a certificate of land use rights and ownership of houses and other land-attached assets without having to pay land use levy.
Households and individuals that are allowed to use land pursuant to a decision or a judgment of the People’s Court, a judgment enforcement decision of a judgment enforcement agency, a document recognizing results of the successful conciliation or a decision of a competent state agency on settlement of land disputes, complaints or denunciations which was executed, shall be granted a certificate of land use rights and ownership of houses and other land-attached assets. In case they have not fulfilled their financial obligations, they shall fulfill those obligations in accordance with law.
Households and individuals using land that is allocated or leased by the State from October 15, 1993, to the effective date of this Law and have not been granted a certificate, shall be granted a certificate of land use rights and ownership of houses and other land-attached assets. In case they have not fulfilled their financial obligations, they shall fulfill those obligations in accordance with law.
Communities using land with communal houses, temples, shrines, hermitages, worship halls or ancestral temples; agricultural land prescribed in Clause 3, Article 131 of this Law, and that land is dispute-free and is certified as the land used commonly by the community by the commune-level People’s Committee, shall be granted a certificate of land use rights and ownership of houses and other land-attached assets.

Article 101. Grant of a certificate of land use rights and ownership of houses and other land- attached assets to households and individuals that are using land and have no documents on land use rights

Households and individuals using the land prior to the effective date of this Law and having none of documents prescribed in Article 100 of this Law that have a book of status of permanent residence in the locality and are directly engaged in agriculture, forestry, aquaculture or salt production in areas with difficult socio-economic conditions or especially difficult socio-economic conditions, and are certified by the commune-level People’s Committee that the land has been used stably and dispute-free, shall be granted a certificate of land use rights and ownership of houses and other land-attached assets without having to pay land use levy.
Households and individuals using land and having none of documents prescribed in Article 100 of this Law that have used land stably before July 1, 2004, with no violations of the land law and such land is certified by the commune-level People’s Committee as dispute-free and conformable with the land use master plan, detailed urban construction master plan and master plan on construction of rural residential areas approved by competent state agencies, shall be granted a certificate of land use rights and ownership of houses and other land-attached assets.
The Government shall detail this Article.

Article 102. Grant of a certificate of land use rights and ownership of houses and other land- attached assets to organizations and religious institutions that are using land

Organizations using land shall be granted a certificate of land use rights and ownership of houses and other land-attached assets for the land area which is used for proper purposes.
The land area used by organizations which is not covered in the certificate of land use rights and ownership of houses and other land-attached assets is settled as follows:

a/ The State shall recover land which is not used, is used improperly, is borrowed or leased illegally, is encroached or occupied;
b/ Organizations shall hand over the land area which was used as residential land to the district-level People’s Committee for management. In case that residential land is in accordance with the land use master plan approved by a competent state agency, the land users are entitled to be granted a certificate of land use rights and ownership of houses and other land-attached assets. In case a state enterprise engaged in agriculture, forestry, aquaculture or salt production is allocated land and lets households and individuals use part of that land for residential purpose before July 1, 2004, that enterprise shall make a plan for rearrangement of such residential area into a residential quarter and submit it to the provincial-level People’s Committee for approval before handing over the land to the locality for management.

For organizations using leased land as prescribed in Article 56 of this Law, the provincial- level land administration agency shall perform the procedures to sign the land lease contract before granting a certificate of land use rights and ownership of houses and other land-attached assets.
Religious institutions using land shall be granted a certificate of land use rights and ownership of houses and other land-attached assets if they fully meet the following conditions:

a/ Being licensed to operate by the State;
b/ The land is dispute-free;
Article 103. Determination of residential land area with respect to land with ponds and gardens

In order to be considered as residential land with gardens and ponds of households or individuals must be located within a land parcel with existing houses.
If a land parcel with gardens and ponds was formed before December 18, 1980, and the land user possesses one of the documents on land use rights as prescribed in Clauses 1, 2 and 3, Article 100 of this Law, the area of residential land shall be determined in accordance with such documents.

In case the residential area is not indicated clearly in documents on land use rights prescribed in Clauses 1, 2 and 3 of Article 100 of this Law, the residential land area to be recognized without land use levy must not exceed 5 times the land allocation quota prescribed in Clause 2, Article 143, and Clause 4, Article 144 of this Law.

If a land parcel with gardens and ponds was formed in the period from December 18, 1980, to before July 1, 2004, and the land user possesses one of the documents on land use rights as prescribed in Article 100 of this Law and the land area is indicated clearly in those documents, the residential land area shall be determined according to those documents.
If a land parcel with gardens and ponds was formed in the period from December 18, 1980, to before July 1, 2004, and the land user possesses one of the documents on land use rights as prescribed in Article 100 of this Law and the land area is not indicated clearly in those documents, the residential land area shall be determined as follows:

a/ The provincial-level People’s Committee shall, based on the local conditions and customs, prescribe the residential land recognition quota for each household in accordance with local customs and the number of people in the household;
b/ If the land parcel is larger than the prescribed residential land recognition quota of the locality, the residential land area shall be determined equal to the residential land recognition quota of the locality;
c/ If the land parcel is smaller than the prescribed residential land recognition quota of the locality, the residential land area must be determined as the whole area of the land parcel.

In case there are no documents on land use rights as prescribed in Article 100 of this Law, and the land has been used stably since before October 15, 1993, the residential land area shall be determined under Clause 4 of this Article. In case the land has been used stably from October 15, 1993, the residential land area shall be determined in accordance with residential land area allocated to each household or individual as prescribed in Clause 2, Article 143, and Clause 4, Article 144 of this Law.
After the residential land area is determined under Clauses 2, 3, 4 and 5 of this Article, the remaining land area with gardens and ponds shall be used for the current land use purpose under Clause 1, Article 10 of this Law.
The Government shall detail this Article.

Article 104. Grant of a certificate for land-attached assets

Land-attached assets to be granted a certificate of land use rights and ownership of houses and other land-attached assets include houses, other construction facilities, production forests which are planted forests, and perennial crops existing at the time the certificate of land use rights and ownership of houses and other land-attached assets is granted.
The grant of a certificate of land use rights and ownership of houses and other land-attached assets for land-attached assets must comply with the Government’s regulations.

Article 105. Competence to grant certificates “of land use rights and ownership of houses and other land-attached assets

Provincial-level People’s Committees shall grant certificates of land use rights and ownership of houses and other land-attached assets to organizations, religious institutions, overseas Vietnamese, foreign-invested enterprises which implement investment projects, and foreign organizations with diplomatic functions.

Provincial-level People’s Committees may authorize the agency in charge of natural resources and environment of the same level to grant the certificates of land use rights and ownership of houses and other land-attached assets.

District-level People’s Committees shall grant the certificates of land use rights and ownership of houses and other land-attached assets to households, individuals and communities, and to overseas Vietnamese that are eligible to own house associated with land use rights in Vietnam.
For the subjects that were granted a certificate, a certificate of houses ownership or a certificate of construction facilities ownership, and execute the rights of land users or owners of land-attached assets or apply for the renewal or re-grant of the certificate, the certificate of houses ownership or the certificate of construction facilities ownership, the agency in charge of natural resources and environment shall handle in accordance with the Government’s regulations.
The state agencies which have the competence to grant the certificate shall correct the granted certificates which bear the following errors:

a/ There is wrong information on the name, the papers on legal status or personal identity, in the address of the land user or owner of land-attached assets as compared with the papers on legal status or personal identity at the time of grant of the certificate to such person;
b/ There is wrong information on the land parcel, land-attached assets as compared with the registration application dossier on land and land-attached assets which have been inspected and certified by the land registration agency.

The State may withdraw a granted certificate in the following cases:

a/ The State recovers the whole land area indicated on the granted certificate;
b/ The granted certificate is renewed;
c/ The land user or owner of the land-attached assets registers for a change of land or land- attached assets for which a new certificate of land use rights and ownership of houses and other land-attached assets must be granted;
d/ The existing certificate was granted ultra vires, to an improper land user, for a wrong land area, without sufficient conditions, for improper land use purpose or land use term or land use origin as prescribed by the land law, except for the case in which the person for whom the certificate is granted has transferred land use rights or ownership of land-attached assets in accordance with the land law.

The withdrawal of a granted certificate for the cases prescribed at Point d, Clause 2 of this Article shall be decided by the agency having the competence to grant the certificate of land use rights and ownership of houses and other land-attached assets as prescribed in Article 105 of this Law based on the conclusion of the inspection agency at the same administrative level, or based on the effective document issued by a competent state agency on land dispute settlement.

Chapter VIII
LAND FINANCE, LAND PRICE AND AUCTIONS OF LAND USE RIGHTS
Section 1. LAND FINANCE
Article 107. Financial revenues from land

Financial revenues from land include:

a/ Land use levy upon land allocation by the State with land use levy, permission for change of land use purpose, or recognition of land use rights with land use levy;
b/ Land rental upon land lease by the State;
c/ Land use tax;
d/ Income tax on transfer of land use rights;
e/ Revenue from sanction of administrative violations of the land law;
f/ Indemnification to the State for damage caused during land management and use;
g/ Charges and fees in land management and use.

The Government shall prescribe in detail the collection of land use levy and land rental, sanctioning of administrative violations of the land law, and indemnification to the State for damage caused during land management and use.

Article 108. Bases and time for calculation of land use levy and land rental

Bases for calculation of land use levy include:

a/ The land area which is allocated, permitted for change of land use purpose, or of which land use rights are recognized;
b/ The land use purpose;
c/ The land price as prescribed in Article 114 of this Law; in case of auction of land use rights, the land price is the winning price.

Bases for calculation of land rental include:

a/ The area of leased land;
b/ The land lease term;
c/ The unit price for land lease; in case of auction of land lease rights, the land rental is the winning unit price;
d/ Types of land lease, including annual rental payment or full one-off rental payment for the entire lease period.

The time for calculation of land use levy or land rental is the time when the State decides on the land allocation or land lease, permits change of land use purpose, or recognizes land use rights.

Article 109. Payment of land use levy or land rental upon change of land use purpose or extension of land use term

Upon change of land use purpose as prescribed at Points d, e, f and g, Clause 1, Article 57 of this Law, land users shall pay land use levy or land rental in accordance with the following provisions:

a/ Payment of land use levy or the full one-off rental payment for the entire lease period which is the difference between the land use levy or land rental after and before the change of the land use purpose;
b/ Payment of annual rental payment based on the type of land after the change of the land use purpose.

When the land use term is extended and the land user is obliged to pay land use levy or land rental, the land user shall fulfill their financial obligations for the extended land use term.
The Government shall detail this Article.

Article 110. Exemption from and reduction of land use levy or land rental

The exemption from and reduction of land use levy or land rental apply in the following cases:

a/ Using land for production and business purposes in sectors or geographical areas that are given investment preferences in accordance with the investment law, except for investment projects on construction of commercial houses;
b/ Using land for implementation of policies on houses and residential land for the people with meritorious services to the revolution, for poor households, for households and individuals of ethnic minorities living in areas with especially difficult socio-economic conditions, in bordering areas or on islands; using land for social housing construction in accordance with the housing law; residential land for people who have to be relocated when the State recovers land due to the risks threatening humans life;
c/ Using agricultural land by households and individuals of ethnic minorities;
d/ Using land for construction of non-business facilities of public non-business organization;
dd/ Using land for construction of infrastructure of airports, airfields and facilities to provide air services;
e/ Using land for construction of offices, drying grounds and warehouses; service facilities directly serving agriculture, forestry, aquaculture or salt production for agricultural cooperatives;
g/ Other cases as prescribed by the Government.

The Government shall detail this Article.
The land development fond of a locality shall be established by the provincial-level People’s Committee or entrusted to the Fund for development investment or other financial funds of the locality to advance capital for compensation, ground clearance or creation of land fund in accordance with land use master plans and plans approved by competent state agencies.
The financial sources for the land development fund shall be allocated from the State budget and other mobilized sources in accordance with law.
The Government shall detail this Article.

Section 2. LAND PRICE
Article 112. Principles and methods of land valuation

Land valuation must abide by the following principles:

a/ Based on the lawful land use purpose at the time of land valuation;
b/ Based on the land use term;
c/ Being suitable with the popular market price of transferred land with the same land use purpose, or winning price in auctions of land use rights in case of organizing auctions of land use rights, or the income earned from land use;
d/ At a time, the adjacent land parcels with the same land use purpose, profitability and income earned from land use have the same price.

The Government shall prescribe land valuation methods.

Article 113. Land price frames
The Government shall promulgate land price frames once every 5 years for each type of land and for each region. During the implementation of land price frames, if the popular price in the market increases 20% or more over the maximum price or reduces 20% or more below the minimum price prescribed in land price frames, the Government shall adjust land price frames accordingly.
Article 114. Land price tables and specific land prices

Based on the principles, methods of land valuation and land price frames, provincial-level People’s Committees shall develop and submit the land price tables to the People’s Councils of the same level for review before promulgation. Land price tables shall be developed once every 5 years and publicized on January 1 of the beginning year of the period.

During the implementation of land price tables, when the Government adjusts land price frames or there are changes in popular land price in the market, provincial-level People’s Committees shall adjust land price tables accordingly.
At least 60 days before submitting the land price tables to the People’s Council of the same level for review, the provincial-level People’s Committee shall send the draft land price tables to agencies in charge of developing land price frames for consideration. In case of big difference in land prices at bordering locations among provinces and centrally run cities, this difference must be reported to the Prime Minister for decision.

Land price tables shall be used as a basis for the following cases:

a/ Calculation of land use levy when the State recognizes land use rights of households and individuals for land areas within land use quotas, or permits change of land use purpose from agricultural land or non-agricultural land which is non-residential land to residential land for land areas within land allocation quotas applied to households and individuals;
b/ Calculation of land use tax;
c/ Calculation of charges and fees in land management and use;
d/ Calculation of fines for administrative violations in the field of land;
e/ Calculation of indemnification paid to the State for damage caused in land management and use;
f/ Valuation of land use rights paid to the people who voluntarily return land to the State in case the returned land is allocated with land use levy, recognized of land use rights with land use levy, or leased land with full one-off rental payment for the entire lease period by the State.

Provincial-level People’s Committees shall decide on specific land prices. The provincial- level land administration agency shall assist the provincial-level People’s Committee in the determination of specific land prices. During the implementation, the provincial-level land administration agency may hire organizations having consultancy functions for advising on the determination of specific land prices.

The determination of specific land prices must be based on the investigation, collection of information about land parcels, market land price and information on land price in the land database, and based on suitable valuation methods. Based on the consultation on land price, the provincial-level land administration agency shall submit the specific land price to the council for land price appraisal for consideration before submitting it to the People’s Council of the same level for decision.
The council for land price appraisal comprises the chairperson of the provincial-level People’s Committee as the chairperson, and representatives of related agencies and organizations and the organization with the function of consultancy on land price determination.

Specific land price shall be used as a basis for the following cases:

a/ Calculation of land use levy when the State recognizes land use rights of households and individuals for land areas in excess of land use quotas, or permits change of land use purpose from agricultural land or non-agricultural land which is non-residential land to residential land for land areas in excess of land allocation quotas applied to households and individuals; and determination of land rental for agricultural land areas in excess of land allocation quotas or quotas for receipt of transferred agricultural land use rights of households and individuals;
b/ Calculation of land use levy when the State allocates land with land use levy not through auction of land use rights, recognizes land use rights, or permits change of land use purpose for organizations that shall pay land use levy;
c/ Calculation of land rental when the State leases land not through auction of land use rights;
d/ Valuation of land use rights upon equitization of state enterprises that are allocated land with land use levy, leased land with one-off rental payment; and calculation of land rental in case equitized state enterprises are leased land by the State with annual rental payment;
e/ Calculation of compensation amount upon land recovery by the State.

The Government shall detail this Article.

Article 115. Consultancy on land price determination

Consultancy on land price determination may be necessary in the following cases:

a/ Development or adjustment of land price frames; development or adjustment of land price tables and determination of specific land prices at the request of competent state agencies;
b/ Settlement of complaints about land price at the request of competent state agencies or related parties;
c/ Performance of civil transactions related to specific land prices at the request by parties.

Conditions for activities and practice of land price determination consultancy comply with the Government’s regulations.
The land price determination by consultants must be independent, impartial and honest and must comply with land valuation principles and methods prescribed in Article 112 of this Law.
Land prices determined by consultants serve as one of the bases for competent state agencies to prescribe or decide on land prices.

Article 116. Rights and obligations of organizations with the function of consultancy on land price determination

An organization with the function of consultancy on land price determination has the following rights:

a/ To provide consultancy on land price determination in accordance with this Law, the Law on Price and other relevant laws;
b/ To request information and documents relating to the consultancy on land price determination from consultancy hirers; and to receive service charges as agreed in the contracts;
c/ To unilaterally terminate or cancel the contract on consultancy on land price determination when the consultancy hirer violates conditions agreed by both parties in the contract or as prescribed by law;
d/ Other rights as prescribed by law.

An organization with the function of consultancy on land price determination has the following obligations:

a/ To take responsibility before law for the accuracy, honesty and impartiality of the results of consultancy on land valuation determination;
b/ To implement the agreements with consultancy hirers stated in the contract on consultancy on land price determination;
c/ To submit to the inspection and examination by competent state agencies; and to report on the organization and results of consultancy on land price determination to competent state agencies annually or in unexpected cases;
d/ To fulfill the tax obligations and other financial obligations in accordance with law;
e/ To register the list of member valuators and the change or adjustment of this list to competent state agencies of the locality where the organization is headquartered;
f/ To archive documents and records on results of consultancy on land price determination;
g/ Other obligations as prescribed by law.
Section 3. AUCTIONS OF LAND USE RIGHTS
Article 117. Principles of auctions of land use rights

Auctions of land use rights shall be conducted on the principles of publicity, continuity, impartiality, honesty, equality and protection of lawful rights and interests of involved parties.
Auctions of land use rights shall be conducted in accordance with the order and procedures prescribed in the land law and law on asset auctions.

Article 118. Cases subject to auction of land use rights and cases not subject to auction of land use rights

The State shall allocate land with land use levy or lease land through auction of land use rights in the following cases, except the cases prescribed in Clause 2 of this Article:

a/ Investment in construction of houses for sale or for lease or for lease-purchase;
b/ Investment in construction of infrastructure for transfer or for lease;
c/ Use of land fund to create capital for infrastructure construction;
d/ Use of land for trading or services, and land for non-agricultural production establishments;
e/ Lease of land which is part of agricultural land fund for public purposes for agriculture, forestry, aquaculture or salt production;
f/ Allocation or lease of land recovered by the State through rearrangement and handling of working offices, non-business establishments, or production or business establishments of which the land-attached assets are owned by the State;
g/ Allocation of urban and rural residential land to households or individuals;
h/ Allocation or lease of land in the cases eligible to land use levy or land rental reduction.

Cases not subject to auction of land use rights upon land allocation and land lease by the State:

a/ Land allocation without land use levy;
b/ Use of land for which land use levy or land rental is exempted as prescribed in Article 110 of this Law;
c/ Use of land as prescribed at Points b and g, Clause 1, and in Clause 2, Article 56 of this Law;
d/ Use of land for mining activities;
e/ Use of land for implementation of projects on construction of resettlement housing, social housing or public-duty housing;
f/ Land allocation to cadres, civil servants and public employees who change offices under transfer decisions of competent agencies;
g/ Allocation of residential land to households or individuals that have permanent residence status books in a commune but have no residential land and have not been allocated residential land by the State;
h/ Allocation of residential and to households of individuate that have permanent residence status books in a township in an area with difficult socio-economic conditions or with especially difficult socio-economic conditions but have no residential land and have not been allocated residential land by the State;
i/ Other cases as decided by the Prime Minister.

In case the land has been put up for auction of land use rights as prescribed in Clause 1 of this Article but nobody participates in the auction or only one person registers or the auction fails after at least 2 times, the State may allocate or lease land without organizing auctions of land use rights.

Article 119. Holding of auctions of land use rights

Conditions for holding an auction of land use rights upon land allocation or land lease by the State:

a/ The annual district-level land use plan approved by a competent state agency is available;
b/ The land has been cleared or is land with attached assets owned by the State;
c/ The plan for holding the auction of land use rights approved by a competent state agency is available.

Organizations and individuals participating in an auction of land use rights must satisfy the following conditions:

a/ Being eligible to be allocated or leased land as prescribed in Article 55 or 56 of this Law;
b/ Meeting the conditions for the implementation of investment projects under Article 58 of this Law in case of land allocation or land lease for implementation of investment projects.
Chapter IX
LAND INFORMATION SYSTEM AND LAND DATABASE
Article 120. Land information system

The land information system shall be designed comprehensively and developed as a uniform system nationwide to serve multiple purposes in accordance with national standards and regulations as well as international ones recognized in Vietnam.
The land information system includes the following basic parts:

a/ Technical infrastructure for land information technology;
b/ The system of operation software, system software and application software; c/ The national land database.
Article 121. The national land database

The national land database shall be uniformly developed nationwide.
The national land database has the following components: a/ Database on legal documents on land;

b/ Cadastral database;
c/ Database of base investigations on land;
d/ Database of land use master plans and plans;
e/ Database of land prices;
f/ Database of land statistics and land inventories;
g/ Database on inspection, examination, settlement of disputes, complaints and denunciations on land;
h/ Other databases related to land.

The contents, structure and information types of the land database shall be prescribed by the Minister of Natural Resources and Environment.

Article 122. Management and use of land databases

Information in land databases provided by competent state agencies bears the same legal validity as information in paper documents.
Land databases are a national property which needs to be strictly protected in terms of security and safety. All activities of illegal access, destruction or causing deviations in information of land databases are prohibited.
Organizations and individuals that have demands for land information and land data may use or exploit them through central and local land information portals with payment of fee. The use and exploitation of land information and data must be in accordance with law.

Article 123. Online public services in the field of land

Online public services to be provided include registration of land and land-attached assets, performance of transactions on land and land-attached assets, and provision of land information and data.
Land administration agencies shall provide public services as prescribed in Clause 1 of this Article and provide services in a convenient, simple and safe manner to organizations and individuals in the internet environment.

Article 124. Responsibilities for developing the land information system

The State shall adopt investment policies for the development of the land information system and land databases and ensure funds for the operation and maintenance of the land information system and land databases.
The Ministry of Natural Resources and Environment shall organize the development, management and use of the land information system and the national land database; and provide online public services in the field of land in accordance with the Government’s regulations.
Ministries, sectors and related agencies shall provide results of base investigations on land and other land-related information and data to the Ministry of Natural Resources and Environment to update the national land database and the land information system.
Provincial-level People’s Committees shall organize the development, management and exploitation of the land information system and the land databases in their localities and provide land data to the Ministry of Natural Resources and Environment to integrate into the national land database.
The Minister of Natural Resources and Environment shall issue detailed regulations on the development, management and exploitation of the land information system and on conditions for organizations and individuals practicing consultancy on land database and land information system development.

Chapter X
LAND USE REGIME
Section 1. LAND USE TERM
Article 125. Land used for long and stable term
Land users may use land for a long and stable term in the following cases:

Residential land used by households or individuals.
Agricultural land used by communities as prescribed in Clause 3, Article 131 of this Law.
Land for protection forest, for special-use forest and for production forest which are natural forests.
Land for trading or services, for non-agricultural production establishments of households and individuals that are using the land stably and that land is not allocated for limited term or leased by the State.
Land for construction of offices as prescribed at Point 1, Article 147 of this Law and land for construction of public service facilities of public non-business organization which are not self-financed as prescribed at Point 2, Article 147 of this Law.
Land used for national defense or security purpose.
Land used by religious institutions as prescribed in Article 159 of this Law.
Land for religious practices.
Land for transportation and irrigation, land with historical-cultural relics and scenic spots and land used for the construction of other public facilities for non-commercial purposes.
Land for cemeteries or graveyards.
Land used by economic organizations as prescribed in Clause 3, Article 127 and Clause 2, Article 128 of this Law.

Article 126. Land used for limited term

The term for land allocation, recognition of agricultural land use rights for households and individuals directly engaged in agricultural production as prescribed in Clauses 1 and 2, at Point b, Clause 3, in Clauses 4 and 5, Article 129 of this Law is 50 years. When the term expires, households or individuals directly engaged in agricultural production that have demand may continue using land in accordance with the land use term prescribed in this Clause.
The term for lease of agricultural land to households or individuals must not exceed 50 years. At the expiry of the term, households or individuals that have demand shall be considered by the State for continued leasing of the land.

The term for land allocation or land lease to organizations for the purpose of agriculture, forestry, aquaculture or salt production; to organizations, households or individuals for the purpose of trading and services or for non-agricultural production establishments; to organizations for implementing investment projects; to overseas Vietnamese and foreign-invested enterprises for implementing investment projects in Vietnam, shall be considered and decided on the basis of the investment projects or applications for land allocation or land lease, but must not exceed 50 years.
For large investment projects with slow recovery of capital, projects in areas with difficult socio-economic conditions or with especially difficult socio-economic conditions which require a longer term, the term of land allocation or land lease must not exceed 70 years.
For projects on construction of houses for sale or for a combination of sale and rent or for lease- purchase, the land use term shall be determined in accordance with the duration of the project. Those who buy houses associated with land use rights may use land for a long and stable term.
At the expiry of the term, if the land users still have land use needs, the State shall consider an extension which must not exceed the term prescribed in this Clause.

The land lease term for the purpose of office construction of foreign organizations with diplomatic functions must not exceed 99 years. At the expiry of the term, if these organizations are still in need of the land, the State shall consider extending the land lease term or leasing another land parcel. Each extension period must not exceed the term prescribed in this Clause.
The lease term for land which is part of agricultural land fund for public purposes of communes, wards or townships must not exceed 5 years;
Regarding land for construction of non-business facilities of self-financed public non-business organization as prescribed in Clause 2, Article 147 of this Law, and other public facilities involving commercial purpose, the land use term must not exceed 70 years.

At the expiry of the term, if the land users still have land use needs, the State shall consider an extension but the extension must not exceed the term prescribed in this Clause.

For a land parcel with multiple use purposes, the land use term shall be determined in accordance with the land use term of the land type used for the main purpose.
The term for land allocation and land lease prescribed in this Article shall be calculated from the date of the decision on land allocation or land lease issue by a competent state agency.
The land use term for households and individuals upon change of land use purpose is prescribed as follows:

a/ In case the land use purpose is changed from land for protection forest or special-use forest to land for other purposes, the term shall be determined on the basis of the land type of the new purpose. The land use term shall be calculated from the time of the decision on approval;
b/ In case the land use purpose is changed from land for rice cultivation, other annual crops, perennial crops, production forest, aquaculture or salt production to land for protection forest or special-use forest, households or individuals may use the land for a stable and long term;
c/ In case the land use purpose is changed among land categories including land for other annual crops, perennial crops, production forests, aquaculture or salt production, households and individuals may continue using such land for the determined land use term.
At the expiry of the term, if the land users still have land use needs, the State shall consider an extension which must not exceed the term prescribed in Clause 1, Article 126 of this Law;
d/ In case the land use purpose is changed from agricultural purpose to non-agricultural purpose, the land use term shall be determined on the basis of the land type of the new purpose. The new land use term shall be calculated from the time of the decision on approval;
e/ In case the land use purpose is changed from non-agricultural land with long and stable land use term to non-agricultural land with limited land use term or from non-agricultural land with limited land use term to non-agricultural land with long and stable land use term, households and individuals may use the land for a long and stable term.

For organizations, overseas Vietnamese or foreign-invested enterprises implementing investment projects outside industrial parks, industrial clusters, export processing zones or hi- tech zones, when the land use purpose is changed, the land use term shall be determined on the basis of the investment project as prescribed in Clause 3, Article 126 of this Law.
Economic organizations that change the land use purpose from non-agricultural land with long and stable land use term to non-agricultural land with limited land use term or from non- agricultural land with limited land use term to non-agricultural land with long and stable land use term, may use the land for a long and stable term.

Article 128. Land use term in case of transfer of land use rights

The land use term in case of transfer of land use rights for the land with definite land use term is the remaining period of the land use term defined prior to the transfer of land use rights.
People who acquire land use rights for the land with a long and stable land use term may use the land for a long and stable term.

Section 2. AGRICULTURAL LAND
Article 129. Allocation quotas for agricultural land

The allocation quotas for land for annual crops, aquaculture and salt production for each household or individual directly engaged in agricultural production are prescribed as follows:

a/ Not exceeding 3 hectares for each type of land in provinces and centrally run cities in the southeast region and Mekong Delta region;
b/ Not exceeding 2 hectares for each type of land in other provinces and centrally run cities.

The allocation quotas for land for perennial crops for each household or individual in a delta commune, ward or township must not exceed 10 hectares and must not exceed 30 hectares for each household or individual in a midland or mountainous commune, ward or township.
The land allocation quota for each household or individual does not exceed 30 hectares for each of the following land categories:

a/ Land for protection forest;
b/ Land for production forest.

In case a household or individual is allocated with land of different categories including land for cultivation of annual crops, land for aquaculture and land for salt production, the total quota for all categories must not exceed 5 hectares.

If the household or individual is additionally allocated with land for perennial crops, the land allocation quota for perennial crops must not exceed 5 hectares in a delta commune, ward or township and must not exceed 25 hectares in a midland and mountainous commune, ward or township.
If the household or individual is additionally allocated with land for production forest, the land allocation quota for production forest must not exceed 25 hectares.

The allocation quota for empty land, land for bare hill or land with water surface under the type of unused land to households or individuals for the purpose of agriculture, aquaculture or salt production in accordance with land use master plan must not exceed the quotas prescribed in Clauses 1, 2, and 3 of this Article, and such quotas shall not be included in the allocation quotas of agricultural land to households or individuals as prescribed in Clauses 1, 2, and 3 of this Article.

Provincial-level People’s Committees shall prescribe the allocation quotas of empty land, land for bare hill and land with surface water in the type of unused land to households or individuals for use in accordance with land use master plans and plans which have been approved by competent state agencies.

The allocation quotas of agricultural land for annual crops, perennial crops, afforestation, aquaculture or salt production in the buffer zone of a special-use forest for each household or individual must comply with Clauses 1, 2, 3, 4 and 5 of this Article.
Households and individuals may continue using the land area which is located in a commune, ward or township other than where they have permanent residence status books. If that land is allocated without land use levy, its area shall be included in the allocation quota for agricultural land of the households or individuals

The land administration agency that allocates agricultural land without land use levy to households or individuals shall send a notice to the commune-level People’s Committee of the locality where the households or individuals have permanent residence status books for its calculation of allocation quotas of agricultural land.

The area of agricultural land of households or individuals, which is acquired through the transfer, lease, sublease, inheritance or donation of land use rights, the receipt of land use rights contributed as capital or is contracted from other subjects or leased from the State, is not included in the allocation quota of agricultural land as prescribed in this Article.

Article 130. Quota for acquisition of agricultural land use rights by households and individuals

The quota for acquisition of land use rights by households or individuals must not exceed 10 times of the allocation quota for agricultural land for households or individuals applicable to each type of land prescribed in Clauses 1, 2 and 3, Article 129 of this Law.
The Government shall prescribe quotas for acquisition of land use rights of households and individuals in accordance with specific conditions of each locality and in each period.

Article 131. Agricultural land used by households, individuals or communities

Agricultural land used by households or individuals includes agricultural land allocated or leased by the State and agricultural land of which land use rights are recognized by the State or leased from other organizations, households or individuals or obtained through exchange, transfer, inheritance or donation in accordance with law.
The use of agricultural land allocated by the State to households or individuals is prescribed as follows:

a/ Households and individuals that are allocated land by the State prior to the effective date of this Law may continue using such land in accordance with this Law;
b/ In a locality where land has not been allocated to households or individuals in accordance with the land law, the commune-level People’s Committee shall make a plan for land allocation and request the district-level People’s Committee to decide on land allocation;
c/ In a locality where the People’s Committees of different levels have provided guidelines for households and individuals to negotiate and adjust land areas for one another during the implementation of land policies and law before October 15, 1993, and such land area has been used stably, the current land users may continue using their land.

The use of agricultural land by communities is prescribed as follows:

a/ Communities are allocated land or recognized land use rights by the State to preserve national identities associated with the traditions and customs of the people;
b/ Communities which are allocated land or recognized land use rights by the State shall protect the allocated land and may use land for combined purposes of agriculture and aquaculture, but may not use such land for other purposes.
Article 132. Agricultural land used for public purposes

Depending on the land fund, characteristics and demands of the locality, each commune, ward or township may establish an agricultural land fund for public purposes of the locality which does not exceed 5% of the total land area for annual crops, perennial crops and aquaculture production.

Agricultural land which is returned or to which land use rights are donated to the State by organizations, households or individuals, reclaimed land and recovered agricultural land constitute the source for creation or supplementation of the agricultural land fund used for public purposes of the commune, ward or township.
In a locality where the area of agricultural land fund used for public purposes exceeds 5%, the excess area must be used for construction or compensation when other land is used for construction of public facilities of the locality; or be allocated to households and individuals that are directly .engaged in agriculture or aquaculture in the locality but have not been allocated or still lack production land.

The agricultural land fund for public purposes of a commune, ward or township shall be used for the following purposes:

a/ Construction of public facilities of the locality, including facilities for culture, physical training and sports, entertainment, recreation, health, education, markets, cemeteries, graveyards and other public facilities in accordance with regulations of the provincial-level People’s Committee;
b/ Compensation for people whose land is used for construction of public facilities as prescribed at Point a of this Clause;
c/ Construction of gratitude houses and charity houses.

The commune-level People’s Committee shall lease the land area which has not been used for the purposes specified in Clause 2 of this Article to households and individuals in the locality for the purposes of agriculture and aquaculture, through auctions of land lease. The land use term for each lease period must not exceed 5 years.

Rentals gained from the lease of land that is part of the agricultural land fund for public purposes must be paid to the state budget under management of the commune-level People’s Committee and may only be used for public needs of the commune, ward or township in accordance with law.

The agricultural land fond for public purposes of a commune, ward or township must be managed and used by the commune-level People’s Committee of the locality in accordance with the land use master plan and plans approved by competent state agencies.

Article 133. Agricultural land used by organizations, overseas Vietnamese and foreign- invested enterprises

Economic organizations, overseas Vietnamese or foreign-invested enterprises that have demand for land for agriculture, forestry, aquaculture or salt production, shall be considered by the State to lease land for implementation of investment projects.
Economic organizations and public non-business organization that have been allocated or leased land prior to the effective date of this Law for the purpose of agriculture or forestry production, shall review the current land use status and make a plan for land use. A plan for land use must clearly define the land area and boundaries, the area of land of each type to be used and its use term, and the land area to be handed over to the locality.

Provincial-level People’s Committees shall direct the review and approval of plans for land use; allocate or lease land in accordance with the approved plans for land use; and recover the land that is unused, or used for a improper purpose, or contracted, leased, lent illegally, or encroached or occupied in order to create the land fund for allocation and lease to organizations, households and individuals. During the process of land allocation or land lease, ethnic minority households and individuals in the locality that have no land or lacking production land, shall be prioritized.

Land that is allocated by the State without land use levy to economic organizations for agriculture, forestry, aquaculture or salt production before the effective date of this Law, must be changed to leased land.

Article 134. Land for rice cultivation

The State shall develop policies to protect land for rice cultivation and to limit the change from the purpose of rice cultivation to other non-agricultural purposes. In case it is necessary to change a certain area for rice cultivation to another purpose, the State shall take measures to supplement such land area or improve the efficiency in using land for rice cultivation.

The State shall adopt policies to support and invest in the construction of infrastructure and application of modern science and technologies into the areas planned for high-productivity and high-quality rice cultivation.

Those who use land for rice cultivation shall improve and increase the fertility of the soil. They may not use that land for planting perennial trees, afforestation, aquaculture and salt production or for non-agricultural purposes without permission by competent state agencies.
People who are allocated or leased land by the State for non-agricultural purposes and that land is currently used for wet rice cultivation, shall pay a certain amount of money under the Government’s regulations for the State to supplement the lost area of wet rice cultivation land or improve efficiency in using land for rice cultivation.

Article 135. Land with production forest

The State shall allocate land with production forest which is natural forest to the forest management organizations for management, protection and development.
The State shall allocate or lease land with production forest which is planted forest according to the following provisions:

a/ Allocation of land to households and individuals directly engaged in agricultural production within the quotas prescribed at Point b, Clause 3, Article 129 of this Law for the purpose of forestry production. The area of production forest used by households and individuals which exceeds the quotas must change to leased land;
b/ Lease of land to economic organizations, households, individuals, overseas Vietnamese or foreign-invested enterprises to implement afforestation projects;
c/. Economic organizations, households, individuals, overseas Vietnamese or foreign-invested enterprises which are allocated or leased land with production forest by the State as prescribed at Points a and b of this Clause may use the land not covered with forest for planting forest or perennial trees.

Economic organizations, overseas Vietnamese or foreign-invested enterprises using land with production forest may concurrently provide landscape and eco-environmental tourist services using the space under the forest canopy.
Concentrated land area with production forest which is far from residential areas and can not be allocated directly to households or individuals, shall be allocated by the State to organizations for protection and development of the forest combined with agricultural production, forestry or aquaculture.

Article 136. Land with protection forest

The State shall allocate land with protection forest to the protection forest management organization for management, protection, zoning off for regeneration and afforestation in accordance with land use master plans and plans already approved, by competent state agencies. These organizations may use land for other combined purposes in accordance with the law on forest protection and development.
The protection forest management organization shall allocate land with protection forest under contracts to households or individuals that are living in the protection forest area for protection and development of the forest. District-level People’s Committees shall allocate residential land and land for agricultural production to such households or individuals.
Organizations, households or individuals that have demand and ability to protect and develop the forest and are living in the protection forest area for which no management organization has been established or in the area that is planned for protection forest, shall be allocated the land with protection forest for protection and development, and may use the land for other combined purposes in accordance with the law on forest protection and development.
Provincial-level People Committees shall decide on the lease of land with protection forest to economic organizations in the areas where it is allowed to provide landscape and eco- environmental tourist services under the forest canopy.
Communities that are allocated by the State protection forests in accordance with the Law on Forest Protection and Development, are entitled to be allocated land with protection forest for protection and development. The communities have the rights and obligations prescribed in the Law on Forest Protection and Development.

Article 137. Land with special-use forest

The State shall allocate land with special-use forest to the special-use forest management organization for management and protection in accordance with land use master plans and plans already approved by competent state agencies. These organizations may use the land for other combined purposes in accordance with the law on forest protection and development.
The special-use forest management authority shall allocate under short-term contracts land with special-use forest in strictly protected forest areas to households or individuals that can not move out of the area to protect the forests.
The special-use forest management organization shall allocate under contracts land with special-use forest in eco-rehabilitation areas to households or individuals residing stably in the area to protect and develop the forests.
Competent People’s Committees shall decide to allocate and lease land in the buffer zones of special-use forests to organizations, households and individuals for the purpose of production, research or experiment on forestry or in combination with national defense or security tasks in accordance with the master plan for forest development of the buffer zone. These subjects may use the land for other combined purposes in accordance with the law on forest protection and development.
Provincial-level People Committees shall decide to lease land with special-use forest in the area that is allowed to provide landscape and eco-environmental tourist services under the forest canopy to economic organizations.

Article 138. Land for salt production

Land for salt production shall be allocated to households or individuals within the local land allocation quota for salt production. The land area which exceeds the allocation quota must be changed to leased land.

Land for salt production shall be leased by the State to economic organizations, overseas Vietnamese or foreign-invested enterprises to implement investment projects on salt production.

Land areas where salt can be produced at high productivity and with high quality shall be protected and primarily reserved for salt production.
The State shall encourage the use of land areas with potential for salt production for industrial and daily needs.

Article 139. Inland land with water surface

Ponds, lakes and marshes shall be allocated by the State within land allocation quotas to households or individuals for aquaculture and agricultural production.

Ponds, lakes and marshes shall be leased by the State to economic organizations, households, individuals, overseas Vietnamese or foreign-invested enterprises to implement investment projects on aquaculture production, agricultural production or agricultural production in combination with non-agricultural purposes.

In case a pond, lake or marsh is located in several communes, wards and townships, its use shall be decided by the district-level People’s Committee. In case a pond, lake or marsh is located in several districts, towns and provincial cities, its use shall be decided by the provincial-level People’s Committee. In case a pond, lake or marsh is located in several provinces and centrally run cities, its use shall be determined by the Government.

Article 140. Coastal land with water surface

Coastal land with water surface shall be leased by the State to economic organizations, households, individual, overseas Vietnamese or foreign-invested enterprises for aquaculture, agricultural, forestry, salt production or non-agricultural purposes.
The use of coastal land with water surface is prescribed as follows:

a/ Conforming with land use master plans and plans which have been approved by competent state agencies;
b/ Protection of land and increase of the sedimentation process in coastal land;
c/ Protection of the ecosystem, environment and landscape;
d/ Not hampering the protection of national security and maritime navigation.
Article 141. Riparian and coastal alluvial land

Riparian and coastal alluvial land includes riparian alluvial land, river islets, coastal alluvial land and sea islands.
Riparian and coastal alluvial land shall be managed by the People’s Committee of the commune, ward or township where such land is located.

Riparian and coastal alluvial land frequently expanded or eroded shall be managed and protected by district-level People’s Committees.

Riparian and coastal alluvium land shall be leased by the State to economic organizations, households, individuals, overseas Vietnamese or foreign-invested enterprises to implement investment projects on agricultural or non-agricultural production and business.
Households or individuals that are allocated riparian and coastal alluvial land by the State for agricultural purpose prior to the effective date of this Law may continue using such land for the remaining land use term. At the expiry of this term, if they still have demand to use the land in accordance with land use master plans and plans approved by competent agencies and do not violate the land law, the State shall consider leasing the land to them.
The State shall encourage economic organizations, households and individuals to invest in the use of riparian and coastal alluvial land.
The Government shall detail this Article.

Article 142. Land used for farm economy

The State shall encourage farm economy of households or individuals in order to use land efficiently for the development of production, expansion of the scale and enhancement of the efficiency of land use in agriculture, forestry, aquaculture or salt production, in association with services, processing and sale of agricultural products.
Land used for farm economy includes the land allocated by the State without land use levy within land allocation quotas applicable to households and individuals that are directly engaged in agriculture, forestry, aquaculture or salt production as prescribed in Article 129 of this Law, the land leased from the State, the land obtained via lease, transfer, inheritance and donation, the land contracted from organizations, and the land contributed by households or individuals.
Households or individuals that are using land for farm economy may change the land use purposes in accordance with law.
Households or individuals using land for farm economy in accordance with approved land use master plans and plans without any disputes, may continue using the land in accordance with the following provisions:

a/ If the land is allocated without land use levy and within the allocation quotas applicable to households or individuals directly engaged in agriculture, forestry, aquaculture or salt production as prescribed in Clause 1, Article 54 of this Law, households or individuals may continue using the land under Clause 1, Article 126 of this Law;
b/ If the land is allocated without land use levy to households or individuals not directly engaged in agriculture, forestry, aquaculture or salt production, at the expiry of the land use term, households or individuals shall change to lease land;
c/ If the land is leased from the State or transferred, inherited, donated or contracted from organizations or contributed by households or individuals, households or individuals may continue using the land in accordance with this Law.

It is forbidden to take advantage of farm economy to occupy and accumulate land for non-production purposes.

Section 3. NON-AGRICULTURAL LAND

Residential land used by households or individuals in rural areas includes land for construction of houses and facilities for livelihood, gardens and ponds within one land parcel in a rural residential area which is established in accordance with the land use master plan and the master plan for development of rural residential areas already approved by competent state agencies.
Based on the local land fund and the rural development master plans approved by competent state agencies, provincial-level People’s Committees shall determine the land allocation quota to each household or individual for housing construction in rural areas and the minimum area for the division of a residential land parcel in accordance with local conditions and customs.
The allocation of residential land in rural areas indicated in the land use master plans and plans must be in synchrony with the master plan for public facilities and public non-business facilities, ensuring convenience for production, people’s life, environmental sanitation and rural modernization.
The State shall adopt policies to create conditions for rural residents to have accommodation by making full use of the land in existing residential areas and to restrict the expansion of residential areas on agricultural land.

Article 144. Urban residential land

Urban residential land includes land for construction of houses and facilities for livelihood, gardens and ponds within one land parcel in an urban residential area which is established in accordance with the land use master plan and urban construction master plan already approved by competent state agencies.
Urban residential land shall be allocated in synchrony with land for construction of public facilities and non-business facilities, ensuring environmental sanitation and modern urban landscape.
The State shall develop land use master plans for the purpose of urban housing construction and adopt policies to create conditions for urban residents to have accommodation.
Provincial-level People’s Committees shall, based on the land use master plans, urban construction master plans and the local land fund, determine the allocation quota of residential land to each household or individual for their own housing construction in case they are not eligible to be allocated land in an investment project on housing construction; and prescribe the minimum area for the division of a residential land parcel.
The change of land use purpose from residential land to land for construction of production and business establishments must conform to land use master plans and plans and the urban construction master plan already approved by competent state agencies and with regulations on public order, safety and urban environmental protection.

Article 145. Land for construction of condominiums

Land for construction of condominiums includes land for the construction of condominiums, facilities directly serving the life of families living in the condominiums and facilities for public use in accordance with the construction master plan approved by competent state agencies.
The land master plan for construction of condominiums must be in harmony with the master plans on public facilities and environmental protection.
The Government shall detail the use of land for construction of condominiums.

Article 146. Land used for improvement and development of urban areas and rural residential areas

Land for urban improvement and development includes land for improvement of the existing inner urban areas and land planned for expanding existing urban areas or developing new urban areas.

Land for improvement and development of rural residential areas includes land for improvement of existing residential areas, land which is part of the agricultural land fund for public purposes, and land planned for expanding existing residential areas.

The use of land for improvement and development of urban areas and rural residential areas must conform to the land use master plans and plans, urban construction master plan and master plan for development of rural residential areas which have been approved by competent state agencies, and with construction standards and regulations issued by competent state agencies
Provincial-level People’s Committees shall organize the development of projects and assign them to economic organizations, overseas Vietnamese or foreign-invested enterprises for implementation in accordance with law in order to improve or develop new urban or rural residential areas. The land for such projects shall be allocated appropriately in land use master plans and plans for the whole area, including land for construction of infrastructure, residential land, land for public facilities and non-business facilities, land for trading and services and land for non-agricultural production establishments.

When implementing projects on technical infrastructure, development or improvement of urban or rural residential areas, the State shall proactively recover the land which includes land for construction of infrastructure and the nearby area in accordance with land use master plans and plans.

In case the communities develop or improve their facilities for public purposes based on the contributions of people or the support by the State, the voluntary contribution of land use rights, compensation or support shall be agreed upon by the communities and the land users.

Article 147. Land for construction of offices and non-business facilities

Land for construction of offices includes land for construction of offices of state agencies, political organizations and socio-political organizations.
Land for construction of non-business facilities includes land for construction of non-business facilities in the sectors and fields of economy, culture, society, health, education and training, physical training and sports, science and technology, environment, and foreign affairs and other non-business facilities.
The use of land prescribed in Clauses 1 and 2 of this Article must conform to the land use master plans and plans, the urban construction master plan and the master plan for development of rural residential areas approved by competent state agencies.
The heads of agencies or organizations to which land is allocated or leased shall preserve the allocated or leased land and ensure proper land use purposes.

It is forbidden to use the land for construction of offices and non-business facilities for other purposes.

The State shall encourage the use of land for the purpose of development of culture, health, education and training, physical training and sports, science and technology, and environment.

Article 148. Land for national defense or security purpose

Land used for national defense or security purpose includes land used in the cases prescribed in Article 61 of this Law.
Provincial-level People’s Committees shall perform the state management of land used for national defense or security purpose in their localities.

The Ministry of National Defense and the Ministry of Public Security shall coordinate with provincial-level People’s Committees in formulating land use master plans and plans for national defense or security purpose to meet the requirements of socio-economic development and strengthening of national defense and security; review and define the boundaries of land used for national defense or security purpose; and define the areas and locations of land for national defense or security purpose which are no more needed or are improperly used, for handover to the localities for management and use.

For land areas that are planned for national defense or security purpose but are still not used for these purposes, the current users may continue using the land until the decision by a competent state agency to recover the land is issued, but must not cause deformation to the natural terrain.
The Government shall detail this Article.

Article 149. Land for industrial parks, export processing zones, industrial clusters and trade villages

The use of land for construction of industrial parks, export processing zones, industrial clusters or trade villages must conform to land use master plans and plans and detailed construction master plans approved by competent state agencies.

During the planning and establishment of industrial parks or export processing zones, the planning and construction of housing areas and public facilities outside the industrial parks or export processing zones to serve the life of workers in industrial parks or export processing zones must be carried out simultaneously.

The State shall lease the land to economic organizations, overseas Vietnamese or foreign- invested enterprises to invest in construction and commercial operation of infrastructure of industrial parks, industrial clusters and export processing zones. For the land area that is leased with annual rental payment, the lessee may sublease that land with annual rental payment. For the land area that is leased with full one-off rental payment for the entire lease period, the lessee may sublease that land with full one-off rental payment for the entire lease period or annual rental payment.

Investors are entitled to exemption from land rental for the land used for construction of infrastructure for common use in industrial parks, industrial clusters or export processing zones.

Economic organizations, households, individuals, overseas Vietnamese and foreign- invested enterprises that invest in production and business in industrial parks, industrial clusters or export processing zones are entitled to sublease land together with infrastructure from other economic organizations, overseas Vietnamese or foreign-invested enterprises that have invested in the construction and commercial operation of infrastructure, and have the following rights and obligations:

a/ In case of subleasing land with full one-off rental payment for the entire lease period, they have the rights and obligations prescribed in Article 174 of this Law;
b/ In case of subleasing land with annual rental payment, they have the rights and obligations prescribed in Article 175 of this Law.

Land users in industrial parks, industrial clusters or export processing zones shall use land for the determined land use purposes, be granted a certificate of land use rights and ownership of houses and other land-attached assets, and have the rights and obligations prescribed in this Law.
Economic organizations, households, individuals or overseas Vietnamese that invest in production and business in industrial parks, industrial clusters or export processing zones and have been allocated land by the State or acquired land use rights together with infrastructure from other economic organizations or overseas Vietnamese that have invested in the construction and commercial operation of infrastructure of industrial parks, industrial clusters or export processing zones prior to the effective date of this Law, may continue using the land for the remaining project duration without having to change to lease land. At the expiry of the project duration, if these subjects still have demand, the State shall consider leasing land to them in accordance with this Law.
The Government shall detail this Article.

Article 150. Land for hi-tech zones

Land for hi-tech zones that are established under decisions of the Prime Minister includes land of different categories with different land use regimes used for the production and trading of hi-tech products, research, development and application of high technology and training of hi-tech human resources.

During the planning and establishment of hi-tech zones, the planning and construction of housing areas and public facilities outside the hi-tech zones to serve the life of experts and workers in hi-tech zones must be carried out simultaneously.

The management board of a hi-tech zone shall be allocated land in the hi-tech zone by the provincial-level People’s Committee. The board may lease land to organizations, individuals, overseas Vietnamese or foreign-invested enterprises using land in the hi-tech zone in accordance with this Law.
The management board of a hi-tech zone shall make a detailed construction plan of the hi-tech zone and submit it to the provincial-level People’s Committee of the locality where the land is located for approval.

The provincial-level People’s Committee shall allocate land to the management board of the hi-tech zone to organize the construction and development of the hi-tech zone in accordance with the approved master plan.

Land users that lease land in a hi-tech zone from its management board have the same rights and obligations as leasing land from the State in accordance with this Law.
The enterprise that develops the hi-tech zone or develops the infrastructure is entitled to lease land from the management board. Those who have demand to use land in the hi-tech zone may sublease land from this enterprise.
Land users in a hi-tech zone shall use land in accordance with land use purposes indicated in the land lease contract, be granted a certificate of land use rights and ownership of houses and other land-attached assets, and have the rights and obligations prescribed in this Law.

In case of transfer of land use rights in a hi-tech zone, the transferee shall continue using the land for the determined land use purpose.

The State shall encourage organizations, overseas Vietnamese and foreign-invested enterprises to invest in the construction and commercial operation of infrastructure in hi-tech zones, and encourage organizations, individuals, overseas Vietnamese and foreign-invested enterprises to use land for the development of science and technology.
The determination of land rental rates and calculation of land rentals in hi-tech zones must comply with this Law.

Article 151. Land for economic zones

Land for economic zones includes land used for construction of economic zones or border- gate economic zones which are established under decisions of the Prime Minister. Land in an economic zone includes land used for its functional areas, including non-tariff zone, tariff- bonded zone, export processing zone, industrial park, entertainment zone, tourist area, urban area, residential area, administrative area and other functional areas which are consistent with characteristics of each economic zone in order to create an especially favorable investment and business environment for investors.

The construction or opening of an economic zone must conform to the master plan on the economic zone system in the whole country.

Provincial-level People’s Committees shall allocate land to the management boards of economic zones to organize the construction of the economic zones in accordance with the approved land use plan which is included in the detailed construction master plans of the economic zones.
The management board of an economic zone shall carry out the compensation and ground clearance for the recovered land which is allocated by a competent state agency before re-allocating or leasing the land. The management board may re-allocate land with or without land use levy or lease land to land users that need to use the land in the functional areas of the economic zone under Articles 54, 55 and 56 of this Law.

The land use term for production and business in an economic zone must not exceed 70 years.

Land users in an economic zone are entitled to invest in the construction of and trading in houses and infrastructure, and to conduct production, business and service activities, and have the following rights and obligations:

a/ In case of being re-allocated land in the economic zone by the management board, they have the rights and obligations as allocated land by the State in accordance with this Law;
b/ In case of leasing land in the economic zone from the management board, they have the rights and obligations as leasing land from the State in accordance with this Law.

The State shall encourage investment in the construction and commercial operation of infrastructure in economic zones and encourage the use of land for economic development.
The land use regime and rights and obligations of land users in an economic zone shall apply in accordance with each type of land as prescribed in this Law.
Economic organizations, households, individuals or overseas Vietnamese that invest in production and business in an economic zone and have been allocated land by the State or acquired land use rights from other economic organizations or overseas Vietnamese prior to the effective date of this Law may continue using the land for the remaining project duration without having to change to lease land. At the expiry of the project duration, if these subjects still have demand, the management board shall consider leasing land to them in accordance with this Law.
The Government shall detail this Article.

Article 152. Land used for mining activities

Land used for mining activities includes land used for mineral exploration, exploitation and processing, land for auxiliary facilities for mining activities and safety corridors in mining activities.
Land used for mineral exploration and exploitation shall be leased by the State to organizations, individuals, overseas Vietnamese or foreign-invested enterprises that are permitted to carry out projects on mineral exploration and exploitation.

Land used as ground for mineral processing falls under the type of non-agricultural land for production and business purposes with the same land use regime as for the land for trading and services or non-agricultural production establishments as prescribed in Article 153 of this Law.

The use of land for mining activities must comply with the following provisions:

a/ Having a license for mining activities and a decision on land lease for mineral exploration and exploitation or a decision on lease of land as mineral processing ground, granted by a competent state agency according to the Government’s regulations;
b/ Taking measures for environmental protection, waste treatment and other measures to avoid causing damage to other land users in the area or the surrounding areas;
c/ The use of land must be in line with the progress of mineral exploration and exploitation. Land users shall return the land in accordance with the progress of mineral exploration and exploitation and with the status of surface soil as stipulated in the land lease contract;
d/ If the mineral exploration and exploitation do not require the use of surface soil or do not affect the use of the ground, there is no need to lease the surface soil.
Article 153. Land used for trading and services; land for non-agricultural production establishments

Land used for trading or services includes land used for construction of trading or service establishments and other facilities serving trading or services.

Land used for non-agricultural production establishments includes land used for construction of non-agricultural production establishments that are located outside industrial parks, industrial clusters or export processing zones.

The use of land for trading, services and non-agricultural production establishments must be in line with land use master plans and plans, urban construction master plan and master plan for development of rural residential areas which have been approved by competent state agencies, and with regulations on environmental protection.
Economic organizations, households or individuals may use land for trading, services or for non-agricultural production establishments, which is the land obtained through leasing land from the State, acquiring land use rights, leasing or subleasing land or receiving land use rights contributed as capital from other economic organizations, households or individuals, or from overseas Vietnamese, or subleasing land together with infrastructure from foreign-invested enterprises.

Overseas Vietnamese may use land for trading, services or non-agricultural production establishments, which is the land obtained through leasing land from the State, or leasing or subleasing land from other economic organizations, households or individuals, or from other overseas Vietnamese, or subleasing land together with infrastructure from foreign-invested enterprises. Overseas Vietnamese who are defined Clause 1, Article 186 of this Law are also entitled to obtain land through inheritance or donation of land use rights to use for construction of trading, services or non-agricultural production establishments.
Foreign-invested enterprises may use land for trading, services or non-agricultural production establishments, which is the land obtained through leasing land from the State, or leasing or subleasing land from economic organizations or overseas Vietnamese, or subleasing land together with infrastructure from other foreign-invested enterprises.
Article 154. Land used for production of construction materials and ceramic products

Land used for production of construction materials and ceramic products includes land, land with surface water for material exploitation and land used as ground for processing and producing construction materials and ceramic products.

The use of land for exploiting raw materials for manufacturing bricks, tiles or ceramic products must take advantage of hilly land, uncultivated hillocks, abandoned land, land in riverbed or ponds or lakes that need to be dig deep, land along the rivers not being used for agricultural production, soil dikes no longer in use, or land from rehabilitation of rice fields.

Land or land with surface water used for exploiting raw materials shall be leased by the State to households or individuals that are permitted to exploit raw materials for the production of construction materials and ceramic products; to economic organizations, overseas Vietnamese or foreign-invested enterprises that are licensed to implement investment projects on exploitation of raw materials for production of construction materials and ceramic products.

Land used as ground for production of construction materials and ceramic products falls under the type of non-agricultural land for production and business purposes with the same land use regimes as for trading, services or non-agricultural production establishments as prescribed in Article 153 of this Law.

The use of land for production of construction materials and ceramic products must comply with the following provisions:

a/ Having a decision on land lease for the purpose of exploitation of raw materials, processing and production of construction materials and ceramic products issued by a competent state agency;
b/ Taking necessary measures to avoid causing damage to production activities, life and negative effects to the environment, water flows or transportation;
c/ Land users shall return the land in accordance with the progress of exploitation of raw materials and with the status of surface soil as stipulated in the land lease contract.

It is forbidden to use land of the following types to exploit raw materials for manufacturing bricks, tiles or ceramic products:

a/ Land with historical-cultural relics or scenic landscapes which have been ranked or placed under the protection of provincial-level People’s Committees;
b/ Land within the safety corridor of construction facilities.

In the process of using land to exploit raw materials for manufacturing bricks, tiles or ceramic products, land users shall apply appropriate technology measures to exploit and use the land suitably and economically and shall take necessary measures to avoid causing damage to production activities and the life of adjacent land users and adverse effects to the environment.

Article 155. Land used for public purposes or for implementation of build-transfer (BT) and build-operate-transfer (BOT) projects

The use of land for public purposes must be in line with the land use master plans and plans, urban construction master plan and master plan for development of rural residential areas approved by competent state agencies.
For land used for public purposes, a detailed construction master plan must be formulated which clearly defines the functional areas used for public purposes involving non-commercial purpose and functional areas used for public purposes involving commercial purpose.

The land used for functional areas for non-commercial purposes shall be allocated by the State without land use levy under Article 54 of this Law. The land used for functional areas for commercial purpose shall be leased by the State under Article 56 of this Law.

The State shall allocate land to investors for management to implement BT projects and allocate or lease land to investors to implement BOT projects and other forms as prescribed by the investment law.
The Government shall detail this Article.

Article 156. Land used for civil airports and airfields

Land used for civil aviation operations at airports or airfields includes:

a/ Land used for construction of offices of state agencies which operate constantly at airports or airfields;
b/ Land used for construction of infrastructure in airports or airfields, including land for construction of runways, taxiways, aircraft parking areas, facilities to ensure flight operations, aviation security and airfield emergency, fences, construction-serving roads, internal roads and other auxiliary facilities areas of the airfields;
c/ Land used for construction of facilities for aviation services at airports or airfields;
d/ Land used for construction of facilities for non-aviation services.

Airport authorities shall be allocated land by provincial-level People’s Committees in accordance with land use master plans and plans and master plan for airports and airfields which have been approved by competent state agencies. The certificate of land use rights and ownership of houses and other land-attached assets which are used for civil aviation operations at airports or airfields shall be granted to the airport authorities.
Based on land use master plans and plans approved by the state management agency in charge of civil aviation, airport authorities shall allocate land without land use levy or lease land in accordance with the following provisions:

a/ Allocation of land without land use levy for the land specified at Points a and b, Clause 1 of this Article;
b/ Lease of land with annual rental payment for the land specified in Points c and d, Clause 1 of this Article. The calculation and collection of land rental must comply with this Law.

Organizations and individuals using land at airports or airfields have the following rights and obligations:

a/ To use land for proper purposes; to refrain from exchanging, transferring, donating or leasing land use rights, or mortgaging or contributing as capital land use rights;
b/ To use the assets under their ownership which are attached to the leased land as collateral at credit institutions which are licensed to operate in Vietnam; to sell or lease assets and contribute as capital assets under their ownership which are attached to the leased land.

The Government shall detail this Article.

Article 157. Land used for construction of public facilities with safety corridors

Land used for construction of public facilities with safety corridors includes land used for construction of systems of transport, irrigation, dykes, water supply and drainage, waste treatment, power transmission, oil and gas pipelines and communication, and land within the safety corridors of these systems.
The use of land for public facilities with safety corridors must ensure the use of both the aerial and underground space, the combination of different facilities in the same land area in order to save land, and comply with relevant specialized laws concerning safety protection of facilities.
Legally recognized users of land within the safety coưidors may continue using the land in accordance with the determined purposes and may not hinder the safety protection of the facilities.

In case the use of that land hinders the safety protection of the facilities, the owners of facilities and the land users shall take remedial measures. In case of failure to remedy the problem, the State will recover the land and pay compensation in accordance with law.

Agencies or organizations directly managing the facilities with safety corridors shall publicize information on boundary marks of the safety corridors and take the main responsibility for the protection of the facilities. In case the safety corridors of the facilities are illegally encroached, occupied or used, the agencies or organizations shall promptly report it to and request handling from the commune-level People’s Committee of the locality where the safety corridors are located.
The People’s Committees of all levels of the locality where the facilities with safety corridors are located shall coordinate with the agencies or organizations directly managing the facilities in disseminating laws and regulations on safety protection of facilities, publicizing boundary marks for the land use within the safety corridors and promptly deal with the illegal occupation, encroachment or use of the safety corridors.
The Government shall detail this Article.

Article 158. Land with historical-cultural relics and landscapes

Land with historical-cultural relics and landscapes which are ranked or under the protection of provincial-level People’s Committees shall be strictly managed in accordance with the following provisions:

a/ Organizations, households, individuals and communities that directly manage land with historical-cultural relics and landscapes shall assume the main responsibility in the use of such land in accordance with the law on cultural heritage;
b/ Commune-level People’s Committees shall assume the main responsibility for the management of land with historical-cultural relics and landscapes in their localities which are not specified at Point a of this Clause;
c/ If land with historical-cultural relics and landscapes is encroached, occupied or used for improper or illegal purposes, the chairperson of the commune-level People’s Committee of the locality where such land is located shall detect, prevent and deal with these illegal activities promptly.

In special cases in which it is necessary to use land with historical-cultural relics and landscapes for other purposes, the change of the land use purpose must conform with the land use master plans and plans approved by competent state agencies and must be approved in writing by the state agencies which have the competence to decide on the ranking of those historical- cultural relics and landscapes.

Article 159. Land used by religious institutions

Land used by religious institutions includes land for pagodas, churches, oratories, sanctuaries, monasteries, religious schools, head offices of religious institutions and other religious institutions whose operation is licensed by the State.
Provincial-level People’s Committees shall base themselves on the state policies on religions and land use master plans and plans approved by competent state agencies to determine the land areas to be allocated to the religious institutions.

Article 160. Land used for belief practices

Land for belief practices includes land for communal houses, temples, shrines, hermitages, ancestral worship houses and ancestral temples.
Land for belief practices must be used properly and in accordance with the land use master plans and plans, urban construction master plan and master plan for development of rural residential areas which have been approved by competent state agencies.
The construction or expansion of communal houses, temples, shrines, hermitages, ancestral worship houses and ancestral temples of the communities must be permitted by competent state agencies.

Article 161. Land used for construction of underground facilities

The use of land for construction of underground facilities must conform to the master plan for construction of underground facilities, land use plans and other related master plans which have been approved by competent state agencies.
Provincial-level People’s Committees shall decide on land allocation and land lease for construction of underground facilities in accordance with the Government’s regulations.

Article 162. Land used to cemeteries or graveyards

Land used for cemeteries or graveyards must be developed in concentrated areas in conformity with land use master plans; be located far from residential areas and convenient for burial services and visits, satisfying sanitation and environmental requirements and used economically.
Provincial-level People’s Committees shall prescribe land quotas and management regimes for construction of graves, statues and monuments, and memorial stela in cemeteries or graveyards with economical use of land, and adopt policies to encourage the burial without using land.
It is forbidden to build cemeteries or graveyards which are not in conformity with land use master plan and plans which have been approved by competent state agencies.

Article 163. Land with rivers, streams, canals, springs and special-use water surface

Based on the determined main purpose, land with rivers, streams, canals, springs or special-use water surface must be used and managed in accordance with the following provisions:

a/ The State shall allocate land with special-use water surface to organizations for management in combination with use and exploitation of such land for non-agriculture purposes, or non-agriculture purposes in combination with aquaculture and exploitation of aquatic resources;
b/ The State shall lease out land with rivers, streams, canals or springs with annual rental payment to economic organizations, households or individuals for aquaculture;
c/ The State shall lease out land with rivers, streams, canals or springs with annual rental payment to overseas Vietnamese or foreign-invested enterprises for implementing their investment projects on aquaculture.

The exploitation and use of land with rivers, streams, canals, springs or special-use water surface must not affect the determined main land use purpose; and must also comply with the technical regulations of the related sector or field and the regulations on environmental and landscape protection, and may not obstruct natural flows and waterway transportation.

Section 4. UNUSED LAND
Article 164. Management of unused land

Commune-level People’s Committees shall manage and protect unused land in their localities and register it in cadastral records.
Provincial-level People’s Committees shall manage unused land on uninhabited islands.
The management of unused land must comply with the Government’s regulations.
Based on the land use master plans and plans approved by competent state agencies, the People’s Committees of all levels shall make plans for investment, reclamation and improvement of the unused land in order to put it into use.
The State shall encourage investment by organizations, households and individuals to put unused land into use in accordance with the land use master plans and plans approved by competent state agencies.
Land areas planned for agricultural purposes shall be allocated with priority to local households or individuals directly engaged in agricultural, forestry, aquaculture or salt production that have not been allocated land or lack production land.

Chapter XI
RIGHTS AND OBLIGATIONS OF LAND USERS
Section 1. GENERAL PROVISIONS
Article 166. General rights of land users

To be granted the certificate of land use rights, houses and other land-related assets ownership.
To enjoy the results of the labor and investment on land.
To enjoy the benefits derived from facilities constructed by the State for protecting and improving agricultural land.
To receive the State’s guidance and assistance in the improvement and fertilization of agricultural land.
To be protected by the State against others’ infringements of their lawful rights and benefits related to land.
To receive compensation when land is recovered by the State in accordance with this Law.
To complain about, denounce or file lawsuits over violations of their lawful land use rights and other violations of the land law.

Article 167. The right to exchange, transfer, lease, sublease, inherit, donate, mortgage land use rights and contribute land use rights as capital

Land users may exercise the rights to exchange, transfer, lease, sublease, inherit, donate, mortgage land use rights and to contribute land use rights as capital in accordance with this Law.
A group of land users sharing land use rights have the following rights and obligations:

a/ A group of land users including households and individuals have the same rights and obligations as households and individuals in accordance with this Law.
In case one member of the group of land users is an economic organization, that group of land users has the same rights and obligations as economic organizations in accordance with this Law;
b/ For a group of land users sharing land use rights which can be split into portions for each member in the group, if every member wants to exercise his/her land use rights over such portion, they shall carry out the prescribed procedures to have the common land parcel split into different parcels of their own and apply for the certificates of land use rights and ownership of houses and other land-attached assets. Those members will then have the rights and obligations of land users in accordance with this Law.
In case land use rights of the group of land users can not be split into portions, the group shall authorize its representative to exercise the rights and perform the obligations of the group.

The notarization and certification of contracts and documents on the exercise of the rights of land users shall be conducted as follows:

a/ Contracts on transfer, donation, mortgage or contribution of land use rights as capital or the rights to use land and land-attached assets must be notarized or certified, except the case of real estate business prescribed at Point b of this Clause;
b/ Contracts on lease or sublease of land use rights or the rights to use land and land-attached assets, a contract on exchange of agricultural land use rights, a contract on transfer of land use rights or the rights to use land and land-attached assets in which one party or all parties involved in the transaction is/are a real estate business organization or organizations must be notarized or certified at the request of the parties;
c/ The documents on inheritance of land use rights or the rights to use land and land-attached assets must be notarized or certified under the civil law;
d/ The notarization shall be conducted at notarization-practicing organizations and the certification shall be conducted at commune-level People’s Committees.
Article 168. Time to exercise the rights of land users

Land users may exercise the rights to transfer, lease, sublease, donate and mortgage land use rights and to contribute land use rights as capital upon receipt of a certificate. In case of exchanging agricultural land use rights, land users may exercise their rights upon receipt of a decision on land allocation or land lease. In case of inheritance of land use rights, land users may exercise their rights upon receipt of a certificate or when they are eligible to be granted a certificate.

A land user who is allowed to delay the performance of, or owe, his/her financial obligations, may exercise his/her rights only after fulfilling all financial obligations.

The transfer of land use rights within an investment project on construction of houses for sale or lease or the transfer of land use rights together with the whole project within an investment project on construction of infrastructure for transfer or lease may only be conducted upon receipt of a certificate and satisfaction of all conditions prescribed in Article 194 of this Law.

Article 169. Acquisition of land use rights

Acquisition of land use rights is prescribed as follows:

a/ Households and individuals may acquire agricultural land use rights through exchange of land use rights as prescribed at Point b, Clause 1, Article 179 of this Law;
b/ Economic organizations, households and individuals may acquire land use rights through receipt of transfer of land use rights, except the cases prescribed in Article 191 of this Law. Overseas Vietnamese may acquire land use rights through receipt of transfer of land use rights in industrial parks, industrial clusters, export processing zones, hi-tech zones or economic zones. Foreign-invested enterprises may acquire investment capital which is the value of land use rights in accordance with the Government’s regulations;
c/ Organizations, households, individuals and communities may acquire land use rights through receipt of donation of land use rights as prescribed at Point c, Clause 2, Article 174, and Point e, Clause 1, Article 179, of this Law, except the case prescribed in Article 191 of this Law;
d/ Organizations, households, individuals and communities may acquire land use rights through receipt of inherited land use rights;
e/ Overseas Vietnamese who are eligible to own houses in Vietnam under the housing law may acquire land use rights through purchase, lease-purchase, inheritance or donation of houses associated with land use rights, or acquire land use rights in housing development projects;
f/ Economic organizations and joint ventures may acquire land use rights through receipt of contribution of land use rights as capital;
g/ Organizations, households, individuals, communities, religious institutions and overseas Vietnamese may acquire land use rights through land allocation by the State. Foreign-invested enterprises may acquire land use rights through land allocation by the State to carry out investment projects on construction of houses for sale or for a combination of sale and lease;
h/ Economic organizations, self-financed public non-business organizations, households, individuals, overseas Vietnamese, foreign-invested enterprises and foreign organizations with diplomatic functions may acquire land use rights through land lease by the State;
i/ Organizations, households, individuals, communities and religious institutions may acquire land use rights through the State’s recognition of the existing stable use of the land;
k/ Organizations, households, individuals, overseas Vietnamese and foreign-invested enterprises may acquire land use rights through the successful conciliation of land disputes which is certified by a competent People’s Committee, the agreement in the mortgage contract to handle the debt, or the decision of a competent state agency on settlement of land disputes, complaints or denunciations, the decision or judgment of a People’s Court, the decision on judgment enforcement of the judgment enforcement agency which has been executed, the document recognizing the result of the auction of land use rights in accordance with law, or the document on splitting land use rights for households or groups sharing land use rights in accordance with law;
l/ Communities and religious institutions may acquire land use rights through the successful conciliation of land disputes which is certified by a competent People’s Committee, the decision of a competent state agency on settlement of land disputes, complaints or denunciations, the decision or judgment of a People’s Court, or the judgment enforcement decision of the judgment enforcement agency which has been executed;
m/ The organization which is a newly established legal entity through splitting or merger under the decision of a competent agency or organization or according to a lawful document on splitting or merger of economic organizations may acquire land use rights from the organizations which are split or merged legal entities.

Households and individuals may acquire land use rights, regardless of place of residence, except the cases prescribed in Clauses 3 and 4, Article 191, and Article 192 of this Law.

Article 170. General obligations of land users

To use the land for proper purposes, in accordance with the land parcel boundaries, in compliance with regulations on use of the depth beneath and the space above the parcel while protecting underground public facilities and in accordance with other relevant laws.
To declare and register land; to complete all related procedures upon exchange, transfer, lease, sublease, inheritance, donation of land use rights; mortgage or contribution of land use rights as capital in accordance with law.
To fulfill financial obligations in accordance with law.
To take measures to protect the land.
To comply with regulations on environmental protection and not to cause damage to the lawful benefits of related land users.
To comply with the law on discovery of underground objects.
To return the land upon the State’s decision on land recovery or at the expiry of the land use term without being permitted to extend the land use term.

Article 171. Limited use rights to the adjacent land parcel

The limited use rights to the adjacent land parcel include the right to access path, water supply and drainage, irrigation and drainage in cultivation, gas supply, power lines, communication and other reasonable needs on the adjacent land parcel.
The limited use rights to the adjacent land parcel shall be established in accordance with the civil law and must be registered under Article 95 of this Law.

Article 172. Right to choose method of land rental payment

Economic organizations, self-financed public non-business organizations, households, individuals, overseas Vietnamese and foreign-invested enterprises specified in Clause 1, Article 56 of this Law may choose between the form of annual rental payment or full one-off rental payment for the entire lease period.
Economic organizations, self-financed public non-business organizations, households, individuals, overseas Vietnamese and foreign-invested enterprises that are leasing land from the State with annual rental payment may change to the form of full one-off rental payment for the entire lease period. The specific land price used for determination of land rental must be re-determined in accordance with this Law at the time the decision on approval of the change to the form of full one-off rental payment for the entire lease period is issued.

Section 2. RIGHTS AND OBLIGATIONS OF ORGANIZATIONS USING LAND
Article 173. Rights and obligations of organizations that are allocated land without land use levy by the State

Organizations to which the land is allocated by the State without land use levy have the rights and obligations prescribed in Articles 166 and 170 of this Law.
Organizations to which the land is allocated by the State without land use levy may not exchange, transfer, donate, lease land use rights; mortgage, contribute land use rights as capital, and are not entitled to compensation upon land recovery by the State.

Article 174. Rights and obligations of organizations that are allocated land with land use levy by the State, or leased land with full one-off rental payment for the entire lease period

In addition to the rights and obligations prescribed in Clause 1 of this Article, economic organizations that are allocated land with land use levy or leased land with full one-off payment for the entire lease period by the State have the rights and obligations prescribed in Articles 166 and 170 of this Law.
Economic organizations that are allocated land with land use levy or leased land with full one-off rental payment for the entire lease period by the State have the following rights:

a/ To transfer land use lights and land-attached assets under their ownership;
b/ To lease land use rights and land-attached assets under their ownership in case of being allocated with land use levy by the State and to sublease land use rights and land-attached assets under their ownership in case of being leased land with full one-off rental payment for the entire lease period by the State;
c/ To donate land use rights to the State and communities for construction of facilities for common public interests of the communities and donate land-attached gratitude houses in accordance with law;
d/ To mortgage with land use rights and land-attached assets under their ownership at credit institutions which are licensed to operate in Vietnam;
e/ To contribute land use rights and land-attached assets under their ownership as capital for cooperation in production and business with organizations, individuals, overseas Vietnamese or foreign-invested enterprises in accordance with law.

Self-financed public non-business organizations leasing land with full one-off rental payment for the entire lease period from the State and for which the paid rental does not originate from the state budget, have the rights and obligations prescribed in Clauses 1 and 2 of this Article. The exercise of the rights is subject to written approval by a competent state agency.

Self-financed public non-business organizations leasing land with full one-off rental payment for the entire lease period from the State and for which the paid rental originates from the state budget have the rights and obligations prescribed in Article 173 of this Law.

Organizations that are allocated land with land use levy or leased land with full one-off rental payment for the entire lease period by the State, but are entitled to exemption from or reduction of land use levy or land rental, have the following rights and obligations:

a/ If the organization is allocated or leased land by the State for implementation of projects on construction of and trading in houses and is entitled to exemption from or reduction of land use levy or land rental, it has the same rights and obligations as being not entitled to exemption from or reduction of land use levy or land rental;
b/ If the organization is allocated or leased land by the State for implementation of investment projects for profit purpose that is not prescribed at Point a of this Clause, and is allowed to pay a reduced land use levy or land rental, it has the same rights and obligations as being not entitled to exemption from or reduction of land use levy or land rental for the land type with similar land use purpose;
c/ If the organization is allocated or leased land by the State for implementation of investment projects for profit purpose that is not prescribed at Point a of this Clause, and is exempted from land use levy or land rental, it has the same rights and obligations as leasing land with annual rental payment for the land type with similar land use purpose.
Article 175. Rights and obligations of economic organizations and public non-business organizations using leased land with annual rental payment

Economic organizations or public non-business organizations using leased land from the State with annual rental payment have the following rights and obligations:

a/ General rights and obligations prescribed in Article 166 and Article 170 of this Law;
b/ To mortgage their assets attached to the leased land at credit institutions which are licensed to operate in Vietnam;
c/ To sell their assets attached to the leased land upon the satisfaction of the conditions prescribed in Article 189 of this Law. The buyer of these assets may continue to be leased land for determined land use purpose by the State;
d / To contribute their assets attached to the leased land as capital. The recipient of these assets may continue to be leased land for determined land use purpose by the State;
e/ To sublease land use rights with annual rental payment for the land with completely constructed infrastructure in case they are permitted to invest in the construction and commercial operation of infrastructure in industrial parks, industrial clusters, export processing zones, hi-tech zones or economic zones.

Economic organizations or public non-business organizations using land leased from organizations, households or individuals that are located outside industrial parks, industrial clusters or export processing zones have the rights and obligations prescribed in the civil law.

Article 176. Rights and obligations of economic organizations which acquire land use rights or change land use purposes

Economic organizations which acquire land use rights or change land use purpose have the general rights and obligations prescribed in Articles 166 and 170 of this Law.
Economic organizations acquiring the rights to use the land which originates from being allocated with land use levy or being leased with full one-off rental payment for the entire lease period by the State and the land use levy or land rental does not originate from the state budget have the rights and obligations prescribed in Clause 2, Article 174 of this Law.
Economic organizations acquiring the agricultural land use rights in accordance with law have the following rights and obligations:

a/ If they acquire land use rights without changing, the land use purpose, they have the rights and obligations prescribed in Clause 2, Article 174 of this Law;
b/ If they acquire land use rights and change the land use purpose and are eligible for being allocated land with land use levy or leased land with full one-off rental payment for the entire lease period, they have the rights and obligations prescribed in Clause 2, Article 174 of this Law;
c/ If they acquire land use rights and change the land use purpose and are eligible for being leased land with annual rental payment, they have the rights and obligations prescribed in Article 175 of this Law.

The rights and obligations of economic organizations which are approved by competent state agencies to change the land use purpose from land allocation without land use levy to land allocation with land use levy or to land lease are prescribed as follows:

a/ If the economic organization is allocated land with land use levy or leased land with full one-off rental payment for the entire lease period, it has the rights and obligations prescribed in Clause 2, Article 174 of this Law;
b/ If the economic organization is leased land with annual rental payment, it has the rights and obligations prescribed in Clause 1, Article 175 of this Law.
Article 177. Rights and obligations of economic organizations receiving land use rights as contributed capital; land use rights of economic organizations upon dissolution or bankruptcy

Economic organizations receiving land use rights as contributed capital from households, individuals or other economic organizations have the rights and obligations prescribed in Article 174 of this Law in the following cases:

a/ The land of economic organizations which contribute capital is the land allocated with land use levy or leased with full one-off rental payment for the entire lease period by the State, or obtained through acquisition of land use rights;
b/ The land contributed by households or individuals is not the land leased by the State with annual rental payment.

Land use rights of cooperatives upon dissolution or bankruptcy are prescribed as follows:

a/ The land allocated without land use levy or allocated with land use levy or leased by the State or obtained through buying land-attached assets or obtained through lawful acquisition of land use rights from others for which the land use levy or land rental, or the paid amount for purchase of land-attached assets, or the fund for acquisition of land use rights originates from the state budget, shall be recovered by the State;
b/ The land allocated with land use levy, leased with foil one-off rental payment for the entire lease period by the State, or obtained through buying land-attached assets or obtained through lawful acquisition of land use rights from others for which the land use levy or land rental, or the paid amount for purchase of land-attached assets, or the fund for acquisition of land use rights does not originate from the state budget; the land obtained through contribution of land use rights as capital from cooperative members, is not recovered by the State. Land use rights belong to the cooperative and shall be settled in accordance with the charter of the cooperative and the resolution of the members’ meeting.

Land use rights of the economic organization which is an enterprise, upon its dissolution or bankruptcy, shall be settled in accordance with law.

Article 178. Rights and obligations of economic organizations that are leased land for construction of underground facilities
Economic organizations that are leased land by the State to invest in the construction of underground facilities have the following rights and obligations:

If the land is leased with full one-off rental payment for the entire lease period, they have the same rights and obligations as economic organizations prescribed in Clauses 1, 2 and 4, Article 174 of this Law;
If the land is leased with annual rental payment, they have the same rights and obligations as economic organizations prescribed in Clause 1, Article 175 of this Law.

Section 3. RIGHTS AND OBLIGATIONS OF HOUSEHOLDS, INDIVIDUALS AND COMMUNITIES USING LAND
Article 179. Rights and obligations of households and individuals using land

Households or individuals that use agricultural land allocated by the State within land use quotas, are allocated land with land use levy or leased with full one-off rental payment for the entire lease period, have land use rights recognized by the State, or obtain land through exchange, transfer, inheritance or donation, have the following rights and obligations:

a/ The general rights and obligations prescribed in Article 166 and Article 170 of this Law;
b/ To exchange agricultural land use rights with other households and individuals within the same commune, ward or township;
c/ To transfer land use rights in accordance with law;
d/ To lease land use rights to other organizations, households, individuals or overseas Vietnamese investing in Vietnam;
e/ Individuals using land are entitled to bequeath their land use rights in accordance with their will or law.
If any member of a household to which land has been allocated by die State dies, land use rights of that member may be inherited in accordance with his/her will or law.
If the heir is an overseas Vietnamese who falls into the category defined in Clause 1, Article 186 of this Law, he/she is entitled to inherit land use rights. Otherwise, he/she is only entitled to receive the value of the inherited land use rights;
e/ To donate land use rights under Point c, Clause 2, Article 174 of this Law and to donate land use rights to households, individuals or overseas Vietnamese who fall into the category defined in Clause 1, Article 186 of this Law;
g/ To mortgage land use rights at credit institutions which are licensed to operate in Vietnam, or at other economic organizations or individuals in accordance with law;
h/ To contribute land use rights as capital to organizations, households, individuals or overseas Vietnamese for cooperation in production or business;
i/ In case the land is subject to recovery for project implementation, land users are entitled to invest on land by their own or to lease land use rights to the investor or to contribute land use rights as capital to the investor for project implementation in accordance with the Government’s regulations.

Households or individuals that are leased land by the State with annual rental payment have the following rights and obligations:

a/ The general rights and obligations prescribed in Article 166 and Article 170 of this Law;
b/ To sell their assets attached to the leased land. The buyer of these assets may continue leasing land from the State for the determined purpose;
c/ To inherit or donate their assets attached to the leased land. The heir or donee may continue leasing land from the State for the determined purpose;
d/ To lease their assets attached to the leased land in accordance with the civil law;
e/ To mortgage their assets attached to the leased land at credit institutions which are licensed to operate in Vietnam, or at other economic organizations or individuals in accordance with law;
f/ To contribute their assets attached to the leased land within the lease term as capital tó organizations, households, individuals or overseas Vietnamese for cooperation in production or business. The recipient of such capital contribution may continue leasing land from the State for the determined purpose

Households or individuals that sublease land in industrial parks, industrial clusters or export processing zones have the following rights and obligations:

a/ In case of leasing or subleasing land with full one-off rental payment for the entire lease period, they have the rights and obligations prescribed in Clause 1 of this Article;
b/ In case of leasing or subleasing land with annual rental payment, they have the rights and obligations prescribed in Clause 2 of this Article.

Households or individuals that are allocated or leased land by the State and are entitled to exemption from or reductions of land use levy or land rental have the same rights and obligations as being not entitled to exemption from or reductions of land use levy or land rental.
Households or individuals that use leased land from organizations, households or individuals that do not fall into the case specified in Clause 3 of this Article, have the rights and obligations prescribed in the civil law,

Article 180. Rights and obligations of households and individuals changing land use purpose from land allocation without land use levy to land allocation with land use levy or land lease

Households or individuals that change land use purpose from land allocation without land use levy to land allocation with land use levy or land lease have the general rights and obligations prescribed in Articles 166 and 170 of this Law.
The rights and obligations of households or individuals using land of which the land use purpose is permitted to change from land allocation without land use levy to land allocation with land use levy or land lease by competent state agencies are prescribed as follows:

a/ In case of being allocated land with land use levy or leased land with full one-off rental payment for the entire lease period, these households or individuals have the rights and obligations prescribed in Clause 1, Article 179 of this Law;
b/ In case of being leased land with annual rental payment, these households or individuals have the rights and obligations prescribed in Clause 2, Article 179 of this Law.
Article 181. Rights and obligations of religious institutions and communities using land

Religious institutions and communities using land have the general rights and obligations prescribed in Articles 166 and 170 of this Law.
Religious institutions and communities using land may not exchange, transfer, lease or donate land use rights or mortgage or contribute as capital land use rights.

Section 4. RIGHTS AND OBLIGATIONS OF OVERSEAS VIETNAMESE, FOREIGN ORGANIZATIONS WITH DIPLOMATIC FUNCTIONS AND FOREIGN-INVESTED ENTERPRISES USING LAND
Article 182. Rights and obligations of foreign organizations with diplomatic functions

Foreign organizations with diplomatic functions using land in Vietnam have the following rights and obligations:

a/ The general rights and obligations prescribed in Articles 166 and 170 of this Law;
b/ To construct facilities on land in accordance with the licenses granted by competent state agencies of Vietnam;
c/ To own the facilities on the leased land constructed by their own within the lease term.

In case there are different provisions in treaties to which the Socialist Republic of Vietnam is a contracting party, foreign organizations with diplomatic functions have the rights and obligations as provided in those treaties.

Article 183. Rights and obligations of overseas Vietnamese and foreign-invested enterprises using land for implementation of investment projects in Vietnam

Overseas Vietnamese investing in Vietnam who are allocated land with land use levy by the Vietnamese State have the following rights and obligations:

a/ The general rights and obligations prescribed in Articles 166 and 170 of this Law;
b/ The rights and obligations prescribed in Clause 2, Article 174 of this Law.

Overseas Vietnamese and foreign-invested enterprises that are leased land with annual rental payment from the Vietnamese State have the following rights and obligations:

a/ The general rights and obligations prescribed in Articles 166 and 170 of this Law;
b/ To mortgage their assets attached to the leased land at credit institutions which are licensed to operate in Vietnam, and to contribute as capital their assets attached to the leased land. The recipient of the capital contribution may lease land from the State for the determined purpose for the remaining lease term;
c/ To sell their assets attached to the leased land upon fulfillment of the requirements prescribed in Article 189 of this Law;
d/ To lease houses if they are permitted to invest in the construction of and trading in houses.

Overseas Vietnamese or foreign-invested enterprises that lease land from the State with full one-off rental payment for the entire lease period and foreign-invested enterprises that are allocated land with land use levy to implement projects have the following rights and obligations:

a/ The general rights and obligations prescribed in Articles 166 and 170 of this Law;
b/ To transfer land use rights and land-attached assets under their ownership during the land use term;
c/ To lease and sublease land use rights and land-attached assets under their ownership within the land use term;
d/ To mortgage land use rights and land-attached assets under their ownership at credit institutions which are licensed to operate in Vietnam within the land use term;
e/ To contribute land use rights and land-attached assets under their ownership as capital for cooperation in production and business within the land use term.

Foreign-invested enterprises using land formed through the purchase of shares of Vietnamese enterprises have the following rights and obligations:

a/ In case the foreign-invested enterprise formed through the purchase of shares of Vietnamese enterprises is a wholly foreign-invested enterprise or a foreign-invested enterprise in which the foreign investor is the dominant shareholder in accordance with the law on enterprises, that foreign-invested enterprise has the rights and obligations prescribed in Clauses 2 and 3 of this Article corresponding to the form of payment of land use levy or land rental;
b/ In case the foreign-invested enterprise formed through the purchase of shares of Vietnamese enterprises is an enterprise in which the Vietnamese party is the dominant shareholder in accordance with the law on enterprises, that foreign-invested enterprise has the rights and obligations as economic organizations as prescribed in Articles 174 and 175 of this Law.

For overseas Vietnamese or foreign-invested enterprises that use land to implement investment projects in Vietnam and are allocated or leased with full one-off rental payment for the entire lease period by the State and are exempted from land use levy or land rental or allowed to pay a reduced one, they have the rights and obligations prescribed in Clause 4, Article 174 of this Law.

Article 184. Rights and obligations of joint ventures using land through receipt of land use rights as capital and wholly foreign-invested enterprises which are converted from joint ventures

Joint ventures between foreign organizations, foreign individuals or overseas Vietnamese and economic organizations in which the economic organizations contribute land use rights as capital, have the rights and obligations prescribed in Article 174 of this Law in the following cases:

a/ The land of which land use rights are contributed by the economic organizations is land allocated with land use levy or leased with full one-off rental payment for the entire lease period by the State, and the paid amount of land use levy or land rental does not originate from the state budget;
b/ The land of which land use rights is contributed by the economic organizations through acquisition of land use rights is not the land leased by the State with annual rental payment, and the paid amount for the acquisition of land use rights does not originate from the state budget.

In case a state enterprise leases land from the State before July 1, 2004, and is entitled to contribute the value of land use rights as allocated from the state budget, not as a recorded debt, and does not have to pay land rental in accordance with the land law, as capital to establish a joint venture with a foreign organization or individual, that joint venture has the rights and obligations prescribed in Article 174 of this Law. The value of land use rights is considered the State’s capital contributed to the joint venture.
In case an overseas Vietnamese who is allocated land with land use levy or leased land with full one-off rental payment for the entire lease period by the State contributes the value of land use rights in the capacity as a domestic economic organization as capital to a joint venture with a foreign organization or individual, that joint venture has the rights and obligations prescribed in Article 174 of this Law.
If a joint venture in which the Vietnamese party contributes land use rights as capital is converted into a wholly foreign-invested enterprise, it has the following rights and obligations:

a/ The rights and obligations prescribed in Clause 2, Article 183 of this Law, for the case in which the contributed land use rights are not used for implementing investment projects on houses for sale and the wholly foreign-invested enterprise is leased land by the State with annual rental payment under Clause 1, Article 56 of this Law;
b/ The rights and obligations prescribed in Clause 3, Article 183 of this Law, for the case in which the contributed land use rights are not used for implementing investment projects on houses for sale and the wholly foreign-invested enterprise is leased land by the State with full one-off rental payment for the entire lease period under Clause 1, Article 56 of this Law;
c/ The rights and obligations prescribed in Clause 3, Article 183 of this Law, for the case in which the contributed land use rights are used for implementing projects on houses for sale and the wholly foreign-invested enterprise is allocated land by the State under Clause 3, Article 55 of this Law.
Article 185. Rights and obligations of overseas Vietnamese and foreign-invested enterprises using land in industrial parks, industrial clusters, export processing zones, hi-tech zones or economic zones

Overseas Vietnamese may acquire land use rights in industrial parks, industrial clusters, export processing zones, hi-tech zones or economic zones, and have the rights and obligations prescribed in Article 174 of this Law.
Overseas Vietnamese or foreign-invested enterprises leasing or subleasing land in industrial parks, industrial clusters, export processing zones, hi-tech zones or economic zones have the following rights and obligations:

a/ In case of making full one-off rental payment for the land lease or sublease for the whole lease or sublease period, they have the rights and obligations prescribed in Article 174 of this Law;
b/ In case of making annual rental payment, they have the rights and obligations prescribed in Article 175 of this Law.
Article 186. Rights and obligations related to land use of overseas Vietnamese who are eligible to own houses in Vietnam; foreign individuals or overseas Vietnamese who are ineligible to buy houses associated with land use rights in Vietnam

Overseas Vietnamese who are entitled to own houses in accordance with the housing law are entitled to own houses associated with residential land use rights in Vietnam.
Overseas Vietnamese who are entitled to own houses associated with residential land use rights in Vietnam have the following rights and obligations:

a/ The general rights and obligations prescribed in Article 166 and Article 170 of this Law;
b/ To transfer land use rights when selling, donating, bequeathing, exchanging houses with domestic organizations or individuals, overseas Vietnamese who are eligible to own houses for their own living; to donate houses associated with residential land use rights to the State, communities or donate houses of gratitude as prescribed at Point c, Clause 2, Article 174 of this Law. In case of donating or bequeathing to people who are ineligible to own houses in Vietnam, such people may only to receive the value of houses associated with residential land use rights;
c/ To mortgage houses associated with residential land use rights at credit institutions which are licensed to operate in Vietnam;
d/ To lease, and authorize the management of, houses when unused.

If all the heirs of land use rights and ownership of houses and other land-attached assets are foreigners or overseas Vietnamese who are ineligible to own houses in Vietnam as prescribed in Clause 1 of this Article, the heirs shall not be granted the certificate of land use rights and ownership of houses and other land-attached assets but may transfer or donate the inherited land use rights in accordance with the following provisions:

a/ In case of transferring land use rights, the heirs may act as the transfer or in the contract of transfer of land use rights;
b/ In case of donating land use rights, the people to receive land use rights must be the subjects specified at Point e, Clause 1, Article 179 of this Law and be eligible under the housing law, in which the heir may act as the donor in the contract or written document on donation commitment;
c/ In case of not making the transfer or donation of land use rights, the heir or his/her representative with a lawful document on authorization, shall submit a dossier on the inheritance to the land registration agency in order to update on the cadastral book.

In case there is an overseas Vietnamese who is ineligible to buy a house associated with residential land use rights in Vietnam among the heirs while others are eligible to inherit land use rights in accordance with the land law and the inherited land use rights have not been divided, the heirs or their representatives with lawful documents on authorization, shall submit dossiers on the inheritance to the land registration agency in order to update on the cadastral book.

Once the inheritance is made, the certificates of land use rights and ownership of houses and other land-attached assets are granted to those who are eligible for being granted such certificate.
Regarding the overseas Vietnamese who is ineligible to buy houses associated with residential land use rights in Vietnam, his/her inherited part shall be dealt with in accordance with Clause 3 of this Article.

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

Article 187. Rights and obligations of overseas Vietnamese and foreign-invested enterprises leasing land for construction of underground facilities
Overseas Vietnamese or foreign-invested enterprises investing in the construction of underground facilities and leasing land from the State have the following rights and obligations:

In case of leasing land with full one-off rental payment for the entire lease period, they have the rights and obligations prescribed in Clauses 3 and 5, Article 183 of this Law.
In case of leasing land with annual rental payment, they have the rights and obligations prescribed in Clauses 2 and 5, Article 183 of this Law.

Section 5. CONDITIONS FOR THE EXERCISE OF RIGHTS OF LAND USERS
Article 188. Conditions for the exercise of the rights to exchange, transfer, lease, sublease, inherit, donate or mortgage land use rights; to contribute land use rights as capital

Land users may exercise the rights to exchange, transfer, lease, sublease, inherit, donate or mortgage land use rights and contribute land use rights as capital when meeting the following conditions:

a/ Having the certificate, except the case prescribed in Clause 3, Article 186 and the case of receiving inheritance prescribed in Clause 1, Article 168 of this Law;
b/ The land is dispute-free;
c/ The land use rights are not distrained to secure judgment enforcement;
d/ Within the land use term.

In addition to the conditions specified in Clause 1 of this Article, when exercising the rights to exchange, transfer, lease, sublease, inherit, donate or mortgage land use rights and contribute land use rights as capital, land users must also be eligible under Articles 189, 190, 191, 192, 193 and 194 of this Law.
The exchange, transfer, lease, sublease, inheritance, donation or mortgage of land use rights or contribution of land use rights as capital must be registered with the land registration agency and will take effect from the time of registration in the cadastral book.

Article 189. Conditions for selling and buying assets attached to land which is leased by the State with annual rental payment

Economic organizations, households, individuals, overseas Vietnamese and foreign- invested enterprises may sell assets attached to leased land when fully meeting die following conditions:

a/ The assets attached to leased land are legally established in accordance with law;
b/ The construction has been completed in accordance with the detailed construction master plan and approved investment project.

The buyer of assets attached to leased land must ensure the following conditions:

a/ Having financial capacity to implement investment projects;
b/ Having business lines relevant to investment projects;
c/ Not violating the land law when being allocated or leased land from the State to implement the previous projects.

The buyers of assets may continue leasing land from the State within the remaining land use term according to specific land price and for the purposes determined in the project documents.
The case of leasing land to implement projects on construction and commercial operation of infrastructure is prescribed in Article 194 of this Law.

Article 190. Conditions for exchanging agricultural land use rights
Households and individuals using agricultural land which is allocated by the State or obtained through exchange, acquisition of land use rights, inheritance, donation of lawful land use rights from other land users, may only exchange these agricultural land use rights to other households and individuals in the same commune, ward or township to facilitate agricultural production, and do not have to pay income tax incurred from the exchange of land use rights and registration fee.
Article 191. Cases in which acquisition or donation of land use rights is not allowed

Organizations, households, individuals, communities, religious institutions, overseas Vietnamese and foreign-invested enterprises may not receive transfer or donation of land use rights in case the transfer or donation of land use rights is prohibited by law.
Economic organizations may not acquừe the rights to use paddy land, protection forest land or special-use forest land from households or individuals, except the case of change in land use purpose in accordance with the land use master plan and plans approved by competent state agencies.
Households and individuals not directly engaged in agricultural production may not receive the transfer or donation of paddy land use rights.
Households and individuals may not receive the transfer or donation of residential land use rights and agricultural land use rights with regard to the land located in the areas of protection forests, strictly protected zones and ecological rehabilitation zones in special-use forests if they do not live in such protection forests or special-use forests.

Article 192. Cases in which households and individuals may transfer or donate land use rights under certain conditions

Households and individuals living in the strictly protected zones or ecological rehabilitation zones in special-use forests and are not able to move out of these areas may only transfer or donate the rights to use residential land or forest land in combination with agricultural, forestry and aquaculture production purposes to households and individuals living in these areas.
Households and individuals that are allocated residential land or agricultural land in protection forests by the State may only transfer or donate the rights to use residential or agricultural land to households and individuals living in these areas.
Households and individuals of ethnic minorities using allocated land under the support policies of the State may transfer or donate land use rights after 10 years from the date of issuance of the decisions on land allocation in accordance with the Government’s regulations.

Article 193. Conditions for receiving the transfer or contribution as capital of, or leasing, agricultural land use rights to carry out investment projects on non-agricultural production and business
Economic organizations, households and individuals may receive the transfer or contribution as capital of, or lease, agricultural land use rights to carry out investment projects on non-agricultural production and business when fully meeting the following conditions:

Economic organizations may receive the transfer or contribution as capital of, or lease, agricultural land use rights to carry out investment projects upon receiving written approval from a competent state agency.
The use purpose for the land area of which land use rights are acquired, contributed as capital or leased must be consistent with the land use master plan and plans approved by competent state agencies.
For land used exclusively for wet rice cultivation, the provisions of Clause 3, Article 134 of this Law shall apply.

Article 194. Conditions for transferring land use rights in implementation of investment projects on construction of and trading in houses; investment projects on construction of infrastructure for transfer of lease

The transfer of land use rights in investment projects on construction of and trading in houses must be conducted in accordance with the following provisions:

a/ The provincial-level People’s Committee may, based on the Government’s regulations on conditions and types of urban centers, permit investors of projects on construction of and trading in houses to transfer land use rights in the form of dividing land parcels upon completion of the infrastructure construction and fulfillment of financial obligations related to land;
b/ For investment projects on construction of and trading in houses, the transfer of land use rights together with the transfer of the whole or part of the project may be conducted upon receipt of the certificate. Those who acquire land use rights shall implement investment projects in accordance with the approved schedule.

The transfer of land use rights together with the transfer of the whole project on construction of infrastructure for transfer or lease must meet the following conditions:

a/ Satisfaction of all conditions specified in Clause 1, Article 188 of this Law;
b/ The technical infrastructure facilities must be completely constructed in accordance with the schedule stated in the approved project document.

The Government shall detail this Article.

Chapter XII
LAND-RELATED ADMINISTRATIVE PROCEDURES
Article 195. Land-related administrative procedures

Land-related administrative procedures include:

a/ Procedures for land recovery, land allocation, land lease, and change of land use purpose;
b/ Procedures for registration of land and land-attached assets and grant of the certificate of land use rights and ownership of houses and other land-attached assets;
c/ Procedures for renewal, re-grant, correction or withdrawal of the certificate, the certificate of house ownership or the certificate of construction work ownership;
d/ Procedures for exercising the rights of land users;
dd/ Procedures for enforcing decisions on compulsory inventory and enforcing the implementation of land recovery decisions;
e/ Procedures for conciliation and settlement of land disputes at administrative agencies;
g/ Procedures for sanction of administrative violations in the field of land.

The Government shall detail this Article.

Article 196. Publicity of land-related administrative procedures

Contents of administrative procedures that need to be publicized include:

a/ State agencies which have competence to receive dossiers and return results;
b/ Time for handling each of the administrative procedures;
c/ Documents in the dossier for each of the administrative procedures;
d/ The process and responsibilities for settling each of the administrative procedures;
e/ Financial obligations, charges and fees payable for each of the administrative procedures.

The publicity of contents prescribed in Clause 1 of this Article must be conducted by regular posting at the offices of the agencies where the dossiers are received and the results are returned; and posting on the website of the national database on administrative procedures and websites of provincial and district-level People’s Committees.

Article 197. Implementation of land-related administrative procedures

Ministries and agencies shall, according to their functions, tasks and powers, coordinate in the direction, guidance and examination of the implementation of land-related administrative procedures to ensure consistency of the land-related administrative procedures with other related administrative procedures.
People’s Committees at all levels shall direct, guide, examine and implement administrative procedures in the localities and issue regulations on the coordination among relevant local agencies in settling land-related administrative procedures and other related administrative procedures.
Agencies having competence to settle land-related administrative procedures shall follow the prescribed order and procedures.
Land users and other related people shall fully follow the land-related administrative order and procedures and fulfill financial obligations as prescribed by law.

Chapter XIII
SUPERVISION, INSPECTION, SETTLEMENT OF DISPUTES, COMPLAINTS, DENUNCIATIONS AND HANDLING OF VIOLATIONS OF LAND LAW
Section 1. SUPERVISION, MONITORING AND EVALUATION OF LAND MANAGEMENT AND USE
Article 198. Oversight by the National Assembly, People’s Councils at all levels, Vietnam Fatherland Front and its member organizations of the land management and use

The National Assembly and People’s Councils at all levels shall exercise the power to oversee the land management and use in accordance with the Constitution and the Law on Oversight Activities of the National Assembly and the Law on Organization of the People’s Councils and People’s Committees.
The Vietnam Fatherland Front and its member organizations shall exercise the power to supervise the land management and use in accordance with the Constitution, the Law on the Vietnam Fatherland Front and other relevant laws.

Article 199. Supervision by citizens of land management and use

Citizens have the right to supervise and report on wrongdoings and violations in the land management and use by themselves or through representative organizations.
The supervision and reporting must ensure objectivity, honesty and lawfulness. Citizens may not abuse the right to supervise and report to lodge complaints and denunciations illegally or negatively affect social order. Citizens shall take responsibility before law for the accuracy of the information they have reported.
The contents of supervision of the land management and use by citizens include:

a/ Formulation, adjustment, publicization and implementation of land use master plans and plans;
b/ Land allocation, land lease, and permission for change of land use purpose;
c/ Land recovery, compensation, support and resettlement;
d/ Registration of land and land-attached assets, and grant of the certificate of land use rights and ownership of houses and other land-attached assets;
e/ Collection of, exemption from, or reduction of, land use levy, land rental and land-related taxes, and land valuation;
f/ Implementation of administrative procedures related to the rights and obligations of land users.

The methods of supervision of the land management and use by citizens include:

a/ Directly exercising the right to supervision through reporting and sending petitions to agencies or persons with settling competence;
b/ Sending petitions to the lawful representative organizations for these organizations to conduct the supervision.

Responsibilities of competent state agencies upon receiving opinions from citizens and representative organizations:

a/ To examine, settle and respond to the opinions in writing according to their competence;
b/ To forward the petitions to competent state agencies for settlement, for cases falling beyond their competence;
c/ To notify the results to the reporting organizations or individuals.
Article 200. System of monitoring and evaluation of the land management and use

The system of monitoring and evaluation of the land management and use shall be used to evaluate the implementation of the land law, the efficiency of land management and use, and the impacts of land policy and law on the economy, society and environment on both national and local scales.
The system of monitoring and evaluation of the land management and use shall be developed based on the land information system and the collection of other information during the implementation of the land law throughout the country, including:

a/ Information on land use master plans and plans, land statistics and inventories, land prices and land taxes; land allocation, land lease, land recovery, permission for change of land use purpose, grant of the certificate of land use rights and ownership of houses and other land-attached assets; implementation of investment projects using land; observance of the land law; examination, inspection and handling of land-related violations of administrative agencies;
b/ Information on the settlement of disputes and lawsuits over land;
c/ Information from the supervision process of the land law implementation of the National Assembly, People’s Councils at all levels, Vietnam Fatherland Front and its member organizations, other related organizations and people;
d/ Necessary information which needs to be collected by technology solutions including aerial photography from satellites, aircraft and other flying craft, field surveys and other Technical equipment;
dd/ Necessary information from the sociological survey data on land management and use which is obtained from different researches, investigations, surveys and performance of additional sociological investigations when necessary.

The agency in charge of natural resources and environment shall manage the monitoring and evaluation system, conduct evaluation of the land law implementation, the efficiency in the land management and use and the impacts of land policy and law on the economy, society and environment on both national and local levels. The evaluation results shall be sent periodically to the Government and the National Assembly.
The state agency which archives the information specified in Clause 2 of this Article shall provide information sufficiently, accurately and timely to the agency managing the monitoring and evaluation system. The agency in charge of natural resources and environment shall update the information in the monitoring and evaluation system into the land information system.
The monitoring and evaluation system on the land management and use shall be made public for information search by organizations and individuals in accordance with law.
The Government shall prescribe in detail the creation and operation of the monitoring and evaluation system on land management and use.

Section 2. INSPECTION, SETTLEMENT OF DISPUTES, COMPLAINTS AND DENUNCIATIONS AND TREATMENT OF VIOLATIONS OF LAND LAW
Article 201. Specialized land inspection

Specialized land inspection means inspection activities earned out by competent state agencies toward agencies, organizations and individuals regarding their observance of the land law and professional, technical and management regulations in the field of land.

The Ministry of Natural Resources and Environment shall direct and organize the implementation of specialized land inspection throughout the country.
Local land administration agencies shall organize specialized land inspections in localities.

The specialized land inspection includes the following contents:

a/ Inspection of the observance of the land law by People’s Committees at all levels;
b/ Inspection of the observance of the land law by land users and other related organizations and individuals;
c/ Inspection of the observance of professional and technical regulations in the field of land.

Specialized land inspectors have the following tasks:

a/ To inspect the observance of the land law by state agencies and land users in land management and use;
b/ To detect, prevent and handle violations of the land law according to their competence or propose the settlement of violations to competent state agencies.

The powers and obligations of leaders of inspection teams, inspectors, civil servants performing specialized land inspection, and the procedures for specialized land inspection comply with the inspection law.

Article 202. Conciliation of land disputes

The State shall encourage the disputing parties to conciliate themselves or have theừ land disputes settled through grassroots conciliation.
In case the self-reconciliation fails, the parties may send a petition to the commune-level People’s Committee of the locality where the disputed land is located, for reconciliation.
Commune-level People’s Committee chairpersons shall organize conciliation of land disputes in their localities. In the process of conciliation, they shall coordinate with the commune-level Vietnam Fatherland Front Committee and its member organizations and other social organizations. The conciliation procedures carried out at the commune-level People’s Committees shall be completed within 45 days from the date the commune-level People’s Committees receive a petition for settlement of land dispute.
The conciliation process must be recorded in a written record with signatures of all parties and certified by the commune-level People’s Committee on the result, either a successful or unsuccessful conciliation. The conciliation minutes shall then be sent to the involved parties and archived at the commune-level People’s Committee concerned.
In case of successful conciliation which results in changes in the boundaries or land users, the commune-level People’s Committee shall send the conciliation minutes to the district-level Division of Natural Resources and Environment, for land disputes among households, individuals and communities, or to the provincial-level Department of Natural Resources and Environment, for other land disputes.

The district-level Division of Natural Resources and Environment or the provincial-level Department of Natural Resources and Environment shall submit the case to the People’s Committee of the same level for decision on recognizing the change in boundaries or renewing the certificate of land use rights, houses and other land-related assets ownership.
If the conciliation at a commune-level People’s Committee fails, a land dispute shall be settled as follows:

The land dispute in which the concerned party possesses a certificate or any of the papers prescribed in Article 100 of this Law and the dispute over land-attached assets shall be settled by the People’s Court;
For the land dispute in which the concerned party does not possess a certificate or any of the papers prescribed in Article 100 of this Law, the parties may choose between the following two options of settlement:

a/ Filing a written request for dispute settlement with a competent People’s Committee as prescribed in Clause 3 of this Article;
b/ Filing a lawsuit with a competent People’s Court in accordance with the law on civil procedures;

In case the concerned parties choose the option of settlement at a competent People’s Committee, the settlement is as follows:

a/ In case the dispute occurs among households, individuals and communities, the chairperson of the district-level People Committee is responsible for the settlement. If the concerned parties disagree with the settlement decision, they are entitled to lodge a complaint with the chairperson of the provincial-level People’s Committee or to file a lawsuit at a People’s Court in accordance with the law on administrative procedures;
b/ In case the dispute involves one party being an organization, a religious institution, an overseas Vietnamese or a foreign-invested enterprise, the chairperson of the provincial-level People’s Committee is responsible for the settlement. If the concerned parties disagree with the settlement decision, they are entitled to lodge a complaint with the Minister of Natural Resources and Environment or to file a lawsuit with a People’s Court in accordance with the law on administrative procedures;

The person having competence to settle the land dispute as prescribed in Clause 3 of this Article shall issue a settlement decision. The legally effective decision on dispute settlement must be strictly abided by the concerned parties. If the parties fail to comply, the decision shall be enforced.

Article 204. Settlement of complaints and lawsuits related to land

Land users and people who have land use-related rights and obligations are entitled to lodge complaints about, or file lawsuits against, administrative decisions or administrative acts in land management.
The order and procedures for settling complaints about administrative decisions or administrative acts related to land comply with the law on complaints. The order and procedures for settling lawsuits against administrative decisions or administrative acts related to land comply with the law on administrative procedures.

Article 205. Settlement of denunciations about land

Individuals are entitled to denounce violations of the law on land management and use.
The settlement of denunciations about violations of the law on land management and use shall comply with the law on denunciations.

Article 206. Handling of violators of land law

Violators of the land law shall, depending on the nature and seriousness of their violations, be administratively sanctioned or examined for penal liability in accordance with law.
Those who commit violations of the land law which cause damage to the State or other people, shall be handled in accordance with law and pay compensation for the actual damage caused to the State or to other people.

Article 207. Handling of persons who commit violations of land law while on duty in the field of land

Those who commit violations of the land law while on duty shall, depending on the nature and seriousness of their violations, be disciplined or examined for penal liability in accordance with law for the following violations:

a/ Abusing positions and powers to commit illegal acts in land allocation, land lease, change of land use purpose, land recovery, compensation, support, resettlement, transfer of land use rights, implementation of land use master plans and plans, determination of financial obligations related to land, management of cadastral records, or issuance of administrative decisions in land management;
b/ Lacking responsibility in management which lets violations of land law occur, or committing other acts which cause damage to land resources or the rights and obligations of land users;
c/ Violating regulations on consultation, publicization and publicity of information; violating regulations on administrative order and procedures; violating reporting regulations in land management.

The Government shall detail this Article.

Article 208. Responsibilities of chairpersons of People’s Committees at all levels in detecting, preventing and handling violations of law on land management and use

Chairpersons of the People’s Committees at all levels shall detect, prevent and promptly handle violations of the law on land management and use in localities.
Chairpersons of commune-level People’s Committees shall detect, prevent and promptly handle the illegal transfer of land use rights and change of land use purpose; detect, prevent and promptly handle the construction of facilities on encroached land, occupied land or the land used for improper purposes in their localities, and force the violators to restore the land to the conditions as before the violation was committed.

Article 209. Receipt and handling of responsibility of heads, civil servants or public employees working at land administration agencies at all levels and commune-level cadastral civil servants who violate the order of carrying out administrative procedures

Organizations or individuals that detect civil servants or public employees of the land administration agencies at all levels or commune-level cadastral civil servants violating regulations on the order and procedures and terms for land allocation, land lease, permission for change of land use purpose, land recovery, performance of procedures for exercising the rights of land users, or grant of the certificate, may send a petition to the following competent persons:

a/ For violations committed by commune-level cadastral civil servants, the petition shall be sent to the chairperson of the commune-level People’s Committee;
b/ For violations committed by civil servants or public employees working at a land administration agency, the petition shall be sent to the director of the land administration agency concerned;
c/ For violations committed by the director of a land administration agency, the petition shall be sent to the chairperson of the People’s Committee of the same level.

Within 30 days after receiving a petition, the chairperson of the People’s Committee or the head of the land administration agency prescribed in Clause 1 of this Article shall consider and settle the petition and notify the result to the petitioner.

Chapter XIV
IMPLEMENTATION PROVISIONS
Article 210. Transitional provisions

For those that leased land from the State before July 1, 2004, and have paid land rental for the entire lease period or prepaid land rental for many years while the land lease period for which the land rental is already paid remains 5 years or more, economic organizations have the rights and obligations prescribed in Article 174 of this Law, while households and individuals have the rights and obligations prescribed in Clause 1, Article 179 of this Law.
If an investor leasing land from the State with annual rental payment for construction and commercial operation of infrastructure of industrial parks, industrial clusters or export processing zones has subleased out the land together with infrastructure in the form of full one-off rental payment for the entire lease period prior to the effective date of this Law, the investor shall pay the land rental to the State in accordance with the Government’s regulations. Those who sublease the land have the same rights and obligations as leasing land with full one-off rental payment for the entire lease period from the State after the investor has paid the whole land rental to the state budget.
Households and individuals that are directly engaged in agricultural production and have been allocated or recognized land use rights or acquired agricultural land use rights prior to the effective date of this Law, if still having demand at the expiry of the land use term, may use the land within the term prescribed in Clause 1, Article 126 of this Law. The land use term shall be counted from October 15, 2013, for cases in which the land use term expires on October 15, 2013, in accordance with the 2003 Land Law; and from the expiry date of the land allocation term, for cases in which the land use term expires after October 15, 2013.
For households and individuals that use agricultural land prior to the effective date of this Law and have not been granted the certificate, the land use term upon the grant of the Certificate shall be counted from the effective date of this Law.
For the land allocated by the State to economic organizations to create capital for infrastructure construction within a project, or the land obtained through the winning at auctions of land use rights before July 1, 2004, and used by the economic organizations with no determined land use term, the land use term will comply with the Government’s regulations.
The provisions of this Law do not apply to the projects or facilities for which the compensation, support and resettlement have been conducted prior to the effective date of this Law. In case the plan for compensation, support and resettlement for the project or facilities has been approved or the compensation, support and resettlement are being conducted in accordance with the plan approved before the effective date of this Law, the compensation, support and resettlement must still be conducted in accordance with the approved plan, not in accordance with this Law.
Regarding cases of land allocation, land lease, change of land use purpose or recognition of land use rights which have been implemented before the effective date of this Law and the land users have not fulfilled their financial obligations, the time for calculation of land use levy or land rental shall comply with the Government’s regulations.
Households and individuals using agricultural land areas allocated in excess of the land use quotas before the effective date of this Law, shall change to lease land in accordance with this Law.
The Government shall prescribe the handling of specific cases in which the land is used in contravention of the land law and the cases guaranteed by land use rights before the effective date of this Law.

Article 211. Effect

This Law takes effect on July 1, 2014.

Land Law No. 13/2003/QH11 and Resolution No. 49/2013/QH13 of June 21, 2013, of the National Assembly on extension of the land use term for annual crops, aquaculture or salt production of households and individuals cease to be effective on the effective date of this Law.

Article 57 of Law No. 66/2006/QH11 on Vietnam Civil Aviation, Article 2 of Law No. 34/2009/QH12 Amending and Supplementing Article 126 of the Law on Housing and Article 121 of the Land Law, Article 4 of Law No. 38/2009/QH12 Amending and Supplementing a Number of Articles of Laws Concerning Capital Construction Investment, Article 264 of Law No. 64/2010/QH12 on Administrative Procedures, and the provisions on land requisition in Law No. 15/2008/QH12 on Compulsory Purchase and Requisition of Property, are hereby annulled.

Article 212. Detailing provision
The Government shall detail the articles and clauses as assigned in this Law.
This Law was passed on November 29, 2013, by the XIII^thNational Assembly of the Socialist Republic of Vietnam at its 6^th session.-

CHAIRMAN OF THE NATIONAL ASSEMBLY
Nguyen Sinh Hung

The post Land Law No. 45/2013/QH13 of November 29, 2013 appeared first on MP Law Firm.

Decree No.89/2013/ND-CP of August 06, 2013, detailing implementation of a number of articles of the price Law on appraisal of prices

mplawadmin — Tue, 06 Aug 2013 09:12:22 +0000

THE GOVERNMENT ——-	SOCIALIST REPUBLIC OF VIETNAM Independence– Freedom – Happiness —————
No.: 89/2013/ND-CP	Hanoi , August 06, 2013

DECREE

DETAILING IMPLEMENTATION OF A NUMBER OF ARTICLES OF THE PRICE LAW ON APPRAISAL OF PRICES

Pursuant to December 25, 2001 Law on organization of Government;
Pursuant to the June 20, 2012 Price Law;
Pursuant to the November 29, 2008 Law on enterprise;
At the proposal of the Minister of Finance;
The Government promulgates the Decree detailing implementation of a number of articles of the Price Law on appraisal of prices,
Chapter 1.

GENERAL PROVISIONS

Article 1. Scope of regulation
This Decree detailing implementation of a number of articles of the Price Law on appraisal of prices, including: Content and state management authority on appraisal of prices; criteria on appraisal of prices in Vietnam; criteria and cards of price appraisers, professional organizations for appraisal of prices; prices of price appraisal services; orders of and procedures for issuance, withdrawal of certificate of eligibility for business in price appraisal services; suspension of business in price appraisal services; forms and scopes of appraising-price service provision of foreign organizations for appraisal of prices in Vietnam; orders of and procedures for appraisal of prices by State.
Article 2. Subjects of application
This Decree applies to: Price appraisers, enterprises of appraisal of prices; competent state agencies and cadres, civil servants who are assigned task of appraisal of prices; the appointing agencies or organizations and individuals who are appointed by such agencies or organizations to join the Council of appraisal of prices; agencies, organizations and individuals who have assets subject to appraisal of prices or have request, suggestions for appraisal of prices; professional organizations for appraisal of prices; state management agencies for appraisal of prices and other agencies, organizations and individuals related to appraisal of prices.
Article 3. Interpretation of terms
In this Decree, the following terms will be construed as follows:
1. The price appraisal enterprises mean enterprises that are established and operate in accordance with Law on enterprises and granted certificate of eligibility for business in price appraisal services as prescribed by law.
2. The price appraisal customers include organizations, individuals hiring the price appraisal enterprises to provide for price appraisal services under contracts of appraisal of prices or documents requesting, suggesting for appraisal of prices.
3. Professional organizations for appraisal of prices means social-professional organizations established in accordance with law on the basis of the voluntary participation of price appraisers, the price appraisal enterprises, and other organizations and individuals relating to appraisal of prices.
4. The Vietnam price appraisal Criteria mean provisions on professional knowledge, skills, and ethics in practicing appraisal of prices that are used as the standards in serve of activities including appraising prices of assets, assessing results and quality of activities of appraisal of prices in Vietnam.
Article 4. Content of state management on appraisal of prices
1. Formulating, directing implementation of strategies and plans on development of price appraisal profession in Vietnam.
2. Promulgating and organizing implementation of legal documents on appraisal of prices, criteria of appraisal of prices in Vietnam.
3. Appraising prices of state-owned assets as prescribed in this Decree and relevant legal documents.
4. Prescribing the regimes of report, collection and summarizing of information in order to build database in serve of the information provision and state management on appraisal of prices.
5. Managing the training, re-training of professional operations on appraisal of prices; managing and organizing examination, grant and withdrawal of price appraiser cards, grant and withdrawal of certificate of eligibility for business in price appraisal services.
6. Examining, inspecting, and solving complaints or denunciation and handling acts breaching law on appraisal of prices.
7. Organizing and managing the science research, international cooperation on appraisal of prices.
Article 5. Competence of state management on appraisal of prices
1. The Government performs the unified state management over activities of appraisal of prices.
2. The Ministry of Finance shall be responsible before the Government for performing the function of state management on appraisal of prices and have the following tasks and powers:
a) Formulating, submitting to the Government for deciding strategies and plans on development of price appraisal profession in Vietnam;
b) Formulating and submitting the Government for promulgating, under its competence, legal documents on appraisal of prices, criteria of appraisal of prices in Vietnam;
c) Organizing implementation of strategies and plans on development of the price appraisal profession, legal documents on appraisal of prices, criteria of appraisal of prices in Vietnam;
d) Prescribing the conditions for participating in examinations, organization of examinations and conditions to grant cards of price appraisers; management, grant and withdrawal of cards of price appraiser;
dd) Prescribing the training, grant of certificate of training the professional operations on price appraisal; re-training specialized knowledge on appraisal of prices for the practicing price appraisers;
e) Prescribing the organization and management of science research, training, retraining for cadres, civil servants about appraisal of prices;
g) Prescribing the model, grant and withdrawal of certificate of eligibility for business in price appraisal services; prescribing the registration and management of practicing appraisal of prices; publicizing the list of the practicing price appraisers and list of the price appraisal enterprises in nationwide;
h) Prescribing the purchase of professional liability insurance for activities of appraisal of prices or the setting up of the reserve fund for professional risks applicable to the price appraisal enterprises;
i) Performing state management in appraisal of prices in respect to the price appraisal enterprises, professional organizations of appraisal of prices as prescribed by law;
k) Performing international cooperation on appraisal of prices;
l) Inspecting, examining, and solving complaints or denunciation and handling acts breaching law on appraisal of prices;
m) Summing up, assessing on activities of appraisal of prices; prescribing the quality control of appraisal of prices and the compliance with regulation of State on appraisal of prices;
n) Performing appraisal of prices or taking responsibility for organization of appraising price of state-owned assets at the request of the Government, the Prime Minister;
o) Prescribing the regimes of report, collection and summarizing of information in order to build database in serve of the information provision and state management on appraisal of prices.
3. Ministries, Ministerial-level agencies, Governmental agencies shall have following tasks and powers:
a) Performing the state management over activities of appraisal of prices within their tasks and powers;
b) Assigning and organizing the appraisal of prices of state-owned assets specified in Clause 2 Article 31 and Article 44 of the Price Law, that are managed by Ministries, Ministerial-level agencies, Governmental agencies in accordance with regulation on decentralization for management and use of state-owned assets; regulation on decentralization in management of state budget and regulation of relevant law;
c) Inspecting, examining, and solving complaints or denunciation and handling acts breaching law on appraisal of prices under their management.
4. People’s Committees of provinces and central-affiliated cities shall have following tasks and powers:
a) Performing the state management over activities of appraisal of prices within their management;
b) Assigning and organizing the appraisal of prices of state-owned assets specified in Clause 2 Article 31 and Article 44 of the Price Law, that are managed by localities in accordance with regulation on decentralization in management and use of state-owned assets; regulation on decentralization in management of state budget and regulation of relevant law;
c) Inspecting, examining, and solving complaints or denunciation and handling acts breaching law on appraisal of prices under their management.
Article 6. The Vietnam Criteria of appraisal of prices
1. System of Vietnam criteria of appraisal of prices includes criteria guiding on ethical rules of practicing appraisal of prices; economical principles that govern activities of appraisal of prices; market value and non-market value serving as basis for appraisal of prices of assets; classification of assets; process of appraisal of prices of assets; report on results of appraisal of prices, record and certificate of appraisal of prices of assets; measures to access and methods of appraisal of prices.
2. The Ministry of Finance shall promulgate and guide implementation of the Vietnam criteria of appraisal of prices to apply in activities of appraisal of prices on Vietnam’s territory.
Article 7. Criteria of price appraisers
1. Having civil act capacity.
2. Having ethical qualities, integrity, being honest and objective.
3. Graduated university, post-university specialized in price, appraisal of prices and sectors including: Economy, economy – technique, law involving operation of appraisal of prices issued by legal training organizations in Vietnam or other countries.
4. Having the actual working time under the trained specialties of from 36 (thirty six) months or longer, calculated from the date of issuing the university diploma of specialties specified in Clause 3 of this Article.
5. Having certificate of training on appraisal of prices issued by agencies, organizations which have function on training the appraisal of prices as prescribed by the Ministry of Finance, except from the following cases:
a) Persons who have had graduation diplomas of domestic or foreign universities or post-universities specialized in price, appraisal of prices;
b) Persons who have had graduation diplomas of domestic or foreign universities or post-universities specialized in economy, economy-technique, technique, law involving operation of appraisal of prices and had college diplomas specialized in appraisal of prices.
6. Possessing card of price appraiser issued by the Ministry of Finance.
Article 8. Card of price appraisers
1. Vietnamese citizens who are eligible for participating in examination as prescribed by the Ministry of Finance and meeting requirements of the examination for granting the card of price appraisers that are organized by the Ministry of Finance shall be granted card of price appraiser by the Ministry of Finance.
2. Persons who possess certificate of appraisal of prices issued by foreign countries and recognized by the Ministry of Finance, have full criteria specified in Clause 1, Clause 2 Article 7 of this Decree and pass the examination of test in Vietnamese about law of Vietnam involving the operation of appraisal of prices as prescribed by the Ministry of Finance shall be granted the card of price appraiser by the Ministry of Finance.
Article 9. Professional organizations for appraisal of prices
1. Professional organizations for appraisal of prices are established and operate in accordance with Law on associations and law on appraisal of prices.
2. The professional organizations for appraisal of prices may organize the training and grant of certificate of re-training professional knowledge on appraisal of prices and perform tasks involving activities of appraisal of prices as follows:
a) Researching, updating the international criteria of appraisal of prices to propose to the Ministry of Finance for considering promulgating or supplementing, amendment the Vietnam Criteria of appraisal of prices in conformity with actual conditions in Vietnam and international practices;
b) Coordinating with the Ministry of Finance in organizing grant of cards of price appraiser;
c) Coordinating with the Ministry of Finance in examining, assessing on quality of activities of appraisal of prices and compliance with regulation of State on appraisal of prices in respect to the price appraisal enterprises being members;
d) Supplying information to the Ministry of Finance about activities of members in serve of state management on appraisal of prices;
dd) Organizing the information provision, propagation about activities of appraisal of prices; coordinating with the Ministry of Finance in propagating about mechanisms, policies on management and control by State in price field;
e) Participating in activities of international cooperation on appraisal of prices as prescribed by law on associations.
3. The Ministry of Finance shall specify the reporting regime of the professional organizations for appraisal of prices involving implementation of tasks assigned at Clause 2 of this Article.
Article 10. Cases where the price appraisal enterprises are not permitted to perform appraisal of prices
1. Performing appraisal of prices when failing to ensure compliance with the Vietnam Criteria on appraisal of prices.
2. Trading the assets under state secrets as prescribed by law on list of state secrets.
3. There are the price appraisers participating in appraisal of prices, persons in charge of management, members of the Control Board of the price appraisal enterprises, who are members, founding shareholders or buy shares, contribute capital in organizations which are customers requesting for appraisal of prices.
4. There are the price appraisers participating in appraisal of prices, persons in charge of management, members of the Control Board of the price appraisal enterprises, whose parents, spouses, children, brothers and sisters are:
a) Members, founding shareholders or buy shares, contribute capital in organizations which are customers requesting for appraisal of prices.
b) Persons in charge of leading, management and administration, being chief accountant, members of Control board, supervisor of organizations that are the customers requesting for appraisal of prices.
5. Persons in charge of management, administration, members of the Control Board, and supervisors of units subject to appraisal of prices and concurrently are persons who buy shares, contribute capital in the price appraisal enterprises.
6. The price appraisal enterprises and customers of appraisal of prices have the following relationships:
a) There is a same individual or enterprise or organization which establishes or participates in establishment; or operating in a same group, corporation, or a complex of mother company- subsidiary companies;
b) Having relationship in management, control, capital contribution under all forms between two parties;
c) Directly or indirectly suffer the management, control, capital contribution under all forms of a third party;
d) Having agreement on business cooperation on the basis of contract.
7. The price appraisal enterprises are in time of being suspended or temporarily stop activities of appraisal of prices.
Article 11. Prices of price appraisal services
1. Prices of price appraisal services shall comply with agreements between the price appraisal enterprises and customers of appraisal of prices as prescribed in Clause 2, Clause 3 and Clause 4 of this Article and inscribed in contract of appraisal of prices; in case of bidding for price appraisal services, complying with provisions of law on biding for bidding package of advisory service.
2. Grounds to determine prices of price appraisal services:
a) Content, volume and nature of work and time to perform appraisal of prices;
b) The actual and reasonable business expenses corresponding to the service quality including: Salaries, expenses arising in the course of survey, collection, analyzing and handling of information; financial expenses, sale expenses, expenses for enterprise administration and other expenses as prescribed by law;
c) Expenses for buying professional liability insurance or expenses for setting up of the professional risk reserve fund;
d) Tentative profit (if any) to ensure that prices of price appraisal services are suitable with the level of similar price appraisal services on the market;
e) Financial obligations as prescribed by law.
3. Based on provision in Clause 2 of this Article, the price appraisal enterprises may promulgate and perform the listing of price tariff of their price appraisal services as prescribed in Clause 6 Article 4, Clause 5 Article 12 of the Price Law by form of the price level of lump-sum service, at the percentage (%) of value of assets or value of projects that need be appraised price and other forms as decided by enterprises in conformity with provisions of law.
Article 12. Overseas facilities trading price appraisal services
1. The price appraisal enterprises may place the facilities of trading in price appraisal services abroad as prescribed by law on investment of Vietnam and law of host country.
2. Within 30 (thirty) working days, after placing facility or terminating operation of a facility of trading in price appraisal services abroad, the price appraisal enterprises must notify in writing enclose relevant documents to the Ministry of Finance for management and supervision.
Chapter 2.

SPECIFIC PROVISIONS

SECTION 1. ORDERS OF AND PROCEDURES FOR GRANT OF CERTIFICATE OF ELIGIBILITY FOR BUSINESS IN SERVICE OF APPRAISAL OF PRICES
Article 13. Grant, re-grant of certificate of eligibility for business in service of appraisal of prices
1. The Ministry of Finance shall consider and grant certificate of eligibility for business in service of appraisal of prices for enterprises, which are eligible for business in service of appraisal of prices as prescribed in Article 39 of the Price Law.
2. The Ministry of Finance shall consider and re-grant certificate of eligibility for business in service of appraisal of prices for price appraisal enterprises when changing one of following contents:
a) Having change of content of certificate of eligibility for business in service of appraisal of prices;
b) Certificate of eligibility for business in service of appraisal of prices is lost, torn, burned or damaged due to natural disasters, enemy sabotage or other force majeure reason.
Article 14. Dossier requesting for grant, re-grant of certificate of eligibility for business in service of appraisal of prices
1. Dossier requesting for grant of certificate of eligibility for business in service of appraisal of prices includes:
a) Application for grant of certificate of eligibility for business in service of appraisal of prices made according to the Form prescribed by the Ministry of Finance;
b) Authenticated copy of certificate of business registration, certificate of enterprise registration of enterprise;
c) Register of practicing appraisal of prices of appraisers registering for practicing appraisal of prices at enterprise confirmed by enterprise; certificate of re-training the professional knowledge of appraisal of prices for the practicing price appraisers (if any);
d) Copies of labor contracts, or Annexes of labor contracts (if any) of the practicing price appraisers at enterprise;
dd) Documents proving the level of contributed capital of members being organization for the limited liability companies with two members or more and joint-stock companies as prescribed in Article 18 of this Decree; the level of contributed capital of the foreign organizations of appraisal of prices at enterprises (if any) as prescribed in Clause 1 Article 21 of this Decree;
e) Receipt of paying fees as prescribed;
g) Authenticated copies of document on appointment of position for legal representative of enterprise, documents of authorization in appraisal of prices (if any).
2. Dossier requesting for re-grant of certificate of eligibility for business in service of appraisal of prices includes:
a) Application for re-grant of certificate of eligibility for business in service of appraisal of prices made according to the Form as prescribed by the Ministry of Finance;
b) Original of the granted certificate of eligibility for business in service of appraisal of prices. In case where the certificate of eligibility for business in service of appraisal of prices is lost or damaged, it is required to have certification of People’s Committee or police office at communal/ward level where the certificate is lost or damaged;
c) Receipt of paying fees as prescribed;
d) Authenticated copies of document on appointment of position for legal representative of enterprise, documents of authorization in appraisal of prices (if any).
Article 15. Time limit for grant, re-grant of certificate of eligibility for business in service of appraisal of prices
1. Within 15 (fifteen) working days after receiving fully 01 (one) set of dossier made by enterprise as prescribed in Clause 1 Article 14 of this Decree, the Ministry of Finance shall grant certificate of eligibility for business in service of appraisal of prices for the price appraisal enterprises.
2. Within 10 (ten) working days after receiving fully 01 (one) set of dossier made by enterprise as prescribed in Clause 2 Article 14 of this Decree, the Ministry of Finance shall re-grant certificate of eligibility for business in service of appraisal of prices for the price appraisal enterprises.
3. In case of refusal for grant, re-grant of certificate of eligibility for business in service of appraisal of prices, the Ministry of Finance shall reply in writing in which clearly state reason thereof to the price appraisal enterprises within 05 (five) working days after receiving dossier.
Article 16. Fee for grant, re-grant of certificate of eligibility for business in service of appraisal of prices
1. Enterprises must pay fees when submitting dossier of grant, re-grant of certificate of eligibility for business in service of appraisal of prices.
2. The Minister of Finance shall specify the collection, regime of collection, remittance, management and use of the feed for grant, re-grant of certificate of eligibility for business in service of appraisal of prices.
Article 17. Changes must notify the Ministry of Finance
1. In the course of appraisal of prices, the price appraisal enterprises must notify in writing the Ministry of Finance when change one of the following contents:
a) Cases of changing and leading the dissatisfactory of one of conditions for grant of certificate of eligibility for business in service of appraisal of prices for enterprises as prescribed in Article 39 of the Price Law;
b) Cases of changing which need re-grant certificate of eligibility for business in service of appraisal of prices for enterprises as prescribed in Clause 2 Article 13 of this Decree;
c) List of the price appraisers who register for practicing at enterprise, including: Name, year of birth, hometown, number of card of appraiser and date of issue of the card of price appraiser;
d) Enterprise is divided, separated, merged, consolidated or changed form of ownership;
dd) Enterprise is dissolved, bankrupted, temporarily stops, self-terminates business in service of appraisal of prices;
e) Enterprise is withdrawn certificate of business registration, certificate of enterprise registration.
2. Within 15 (fifteen) working days after having changes of contents specified in Clause 1 of this Article, the price appraisal enterprises must notify in writing the Ministry of Finance for the Ministry of Finance to monitor, sum up information, review the conditions for business of enterprises to serve for state management over the price appraisal enterprises.
Article 18. Members being organizations of limited liability companies with two members or more and joint-stock companies of appraisal of prices
1. Members being organizations may contribute maximally 35% of charter capital of the limited liability companies with two members of appraisal of prices. Founding shareholders which are organizations may contribute maximally 35% of charter capital of the joint-stock companies of appraisal of prices. In case there are many organizations contributing capital, the number of contributed capital of organizations is maximally equal to 35% of charter capital of the limited liability companies with two members or more and joint-stock companies of appraisal of prices.
2. Representatives of members being organizations specified in Clause 1 this Article must be price appraiser and must register for practicing at the price appraisal enterprise which organizations contributed capital; concurrently are not permitted to contribute capital in that price appraisal enterprise with entity of an individual, not permitted to be representative of organization contributed in establishment of other price appraisal enterprise.
SECTION 2. SUSPENSION OF BUSINESS IN PRICE APPRAISAL SERVICES, WITHDRAWAL OF CERTIFICATE OF ELIGIBILITY FOR BUSINESS IN PRICE APPRAISAL SERVICES
Article 19. Suspension of price appraisal services
1. A price appraisal enterprise may be suspended business in price appraisal services as prescribed in Clause 1 Article 40 of the Price Law when falls in one of following cases:
a) Fail to satisfy one of conditions corresponding type of enterprise specified in Clause 1, Clause 2, Clause 3, Clause 4 and Clause 5 Article 39 of the Price Law during consecutive 03 (three) months.
b) Having professional serious mistakes or violating criteria of appraisal of prices, including:
– Fail to comply with the Vietnam Criteria of appraisal of prices.
– Disclose information about record, customers of appraisal of prices and assets that are appraised price unless customers of appraisal of prices agree or law provided for permission.
– Having act of collaborating with owners of assets, customers of appraisal of prices, concerned persons when perform appraisal of prices with the aim to falsify result of price appraisal.
– Falsifying record of assets subject to appraisal of prices or falsifying information involving assets subject to appraisal of prices which lead the higher or lower result of price appraisal of the price appraising enterprise at difference of 10% for assets being real estate, equipment, transport, and 15% for assets being materials, goods in comparison with the final result of price appraisal of competent state applied to same method of price appraisal.
2. The Ministry of Finance shall issue decision on suspension of business operation in price appraisal services.
3. The maximum time for suspension of business operation in price appraisal services is 60 (sixty) days from the effective date of decision on suspension. In this time, enterprises must have written report and send it to the Ministry of Finance, regarding handling and remedying violations of units enclosed with relevant documents to prove, concurrently suggest permission to continue the business operation of price appraisal service.
Based on report of enterprise, the Ministry of Finance shall consider and notify in writing to permit enterprise to continue operating appraisal of prices under certificate of eligibility for business in price appraisal service corresponding to type of enterprise specified in Clause 1, Clause 2, Clause 3, Clause 4 and Clause 5 Article 39 of the Price Law or handle by withdrawal of certificate of eligibility for business in price appraisal service as prescribed in Article 20 of this Decree.
4. In time of being suspended the business operation of price appraisal service, the price appraisal enterprises must be responsible for contracts of price appraisal signed with customers, labor contracts signed with appraisers, employees and other legal obligations as prescribed, unless parties have other agreement.
5. The Ministry of Finance shall post up publicly on website of the Ministry of Finance the list of price appraisal enterprises which are suspended business operation of price appraisal services, list of price appraisal enterprises which are eligible for continuing operation of price appraisal after being suspended.
Article 20. Withdrawal of certificate of eligibility for business in price appraisal services
1. The price appraise enterprises may be withdrawn certificate of eligibility for business in price appraisal service as prescribed in Clause 2 Article 40 of the Price Law.
2. The Ministry of Finance shall issue decision on withdrawal of certificate of eligibility for business in price appraisal service; post up publicly list of the price appraisal enterprises which are withdrawn certificate of eligibility for business in price appraisal service; delete name out list of price appraisal enterprises which are eligible for appraisal of prices on website of the Ministry of Finance.
3. The price appraisal enterprises which are withdrawn certificate of eligibility for business in price appraisal service must terminate business in price appraisal service from the effective date of decision on withdrawal.
SECTION 3. FORM, SCOPE OF PRICE APPRAISAL SERVICE PROVISION OF FOREIGN PRICE APPRAISAL ORGANIZATIONS IN VIETNAM
Article 21. Form of price appraisal service provision of foreign price appraisal organizations in Vietnam
1. Foreign price appraisal organizations that are established and operate legally in price appraisal service provision in their countries may contribute capital with Vietnamese price appraisal enterprises to establish limited liability companies with two members or more, joint-stock companies in order to business in price appraisal service in Vietnam. The rate of capital contribution of foreign price appraisal organizations and representatives of foreign price appraisal organizations participating in capital contribution shall comply with Article 18 of this Decree.
2. Conditions for establishment, operation and dossier of requesting for grant, re-grant of certificate of eligibility for business in price appraisal service applicable to the price appraisal enterprises contributed capital by foreign price appraisal organizations shall comply with provisions of law on enterprises, Clause 2 and Clause 5 Article 39, Article 43 of the Price Law and regulation of this Decree.
Article 22. Cases where price appraisal enterprises which are contributed capital by foreign price appraisal organizations are not permitted to perform appraisal of prices
1. Cases prescribed in Article 10 of this Decree.
2. Assets belonging to national defense as prescribed by law.
SECTION 4. ORDERS OF AND PROCEDURES FOR PRICE APPRAISAL OF STATE
Article 23. Requirement of asset price appraisal
1. Competent state agencies perform appraisal of asset prices at the request in writing of competent state agencies or agencies, organizations, units which are assigned to purchase, sell, liquidate, lease, hire state assets in cases prescribed in Clause 2 Article 31 and Article 44 of the Price Law, specifying as follows:
a) Purchase, sale, liquidation, lease state assets or hire assets to serve for operation of state agencies as prescribed by law on management and use of state assets;
b) Fail to hire any enterprise to appraise prices for state assets in case where agencies, organizations, units which are assigned to purchase, sell, liquidate, lease, hire state assets have posted up publicly information over 15 (fifteen) days to invite for supplying the price appraisal service but there is no price appraisal enterprise participating in, except for bidding case which shall comply with provisions of law on bidding;
c) Purchase, sell assets belonging to state secret as prescribed by law on list of state secrets;
d) Purchase, sell state assets with big value and after having hired the price appraisal enterprise, agency or person competent to approval realize that it is necessary to have appraisal of competent state management agency according to decentralization of appraising prices of state assets specified in point n clause 2, point b clause 3 and point b Clause 4 article 5 of this Decree.
2. Documents requesting for appraising price of assets must have the following principle contents:
a) Name of agency requesting for price appraisal;
b) Content of request for price appraisal;
c) Information about assets subject to price appraisal enclosed with relevant documents; evaluation certificate of economic-technical status, quality of assets subject to price appraisal; certificate, report about result of price appraisal (if any) and relevant other documents.
3. In case it is necessary to have to have opinion about price appraisal of competent state management agency as prescribed in point d Clause 1 this Article, in the request document must clearly state reason of requesting for opinion about price appraisal.
Article 25. Receipt of requirement for asset price appraisal
1. Document requesting for asset price appraisal is sent to the state agency competent to perform asset price appraisal according to decentralization specified in Clause 2, Clause 3 and Clause 4 Article 5 of this Decree.
2. Agencies competent to asset price appraisal shall perform asset price appraisal at the request of agencies requested for price appraisal; in necessary, a Council of price appraisal may be established as prescribed in Article 45 of the Price Law, Article 28 of this Decree and relevant law.
3. In case of refusal for price appraisal due to not accordance with state management competence of price appraisal specified in Article 5 of this Decree; insufficient information, documents at the request specified in point p Clause 1 Article 26 and point c Clause 1 Article 29 of this Decree; cases not allowed to participate in price appraisal as prescribed in Article 31 of this Decree, agencies competent to asset price appraisal must reply in writing in which clearly state reason thereof.
Article 25. Orders of asset price appraisal
1. Competent state agencies shall perform asset price appraisal according to the following orders:
a) Defining generally about assets subject to price appraisal;
b) Making plan on price appraisal;
c) Surveying reality, collecting information involving assets subject to price appraisal;
d) Analyzing information;
dd) Determining value of asset subject to price appraisal based on regulation on counting price of assets, goods, service, the Vietnam criteria of price appraisal promulgated by the Ministry of Finance; principles, grounds, methods of determining price as prescribed by law involving asset subject to price appraisal;
e) Making report about result of price appraisal, documents replying about result of price appraisal and submit to heads of agencies competent to price appraisal for the approval; after that, send document replying about result of the price appraisal to agencies requesting for price appraisal.
2. Depending on assets subject to appraisal, the orders of price appraisal may be shortened some steps in comparison with provision in Clause 1 of this Article.
3. Agencies requested for price appraisal shall supply information and documents related to assets subject to price appraisal; coordinate in surveying reality of assets subject to price appraisal, if necessary.
Article 26. Rights and obligations of heads, civil servants of state agencies when appraise prices of state assets
1. Heads and civil servants of state agencies have rights:
a) To organize price appraisal under their competence specified in Article 5 of this Decree or perform price appraisal under assignment of agencies, organizations subject to request for price appraisal;
b) To request agencies requesting for price appraisal or agencies, organizations, unit which have assets subject to price appraisal or other relevant organizations, individuals for supplying necessary information and documents to serve for appraising prices of assets;
c) Heads of state agencies are entitled to hire organizations which have function to perform evaluation on economic – technical status, quality of assets; hire services for asset price appraisal with the aim to have more information to serve the price appraisal of state agencies. Expenses for hiring shall comply with Article 32 of this Decree;
d) To refuse the asset price appraisal in case of insufficient information and documents at the request specified in point b Clause 1 of this Article;
e) To be enjoyed regimes, policies as prescribed by law on price appraisal and other relevant provisions of law.
2. Heads and civil servants of state agencies have obligations:
a) To comply with the orders of asset price appraisal as prescribed in Article 25 of this Decree;
b) To ensure the independence about professional operations; the truthfulness, objectivity in the course of asset price appraisal;
c) Keep information in secret as prescribed by law.
3. Apart from rights and obligations specified in Clause 1 and Clause 2 of this Article, heads, civil servants of state agencies when perform price appraisal of state assets have rights and obligations as prescribed by law on civil servants.
Article 27. The making and storage of dossier of asset price appraisal
1. Agency competent to the asset price appraisal or Council of price appraisal shall make dossier of asset price appraisal including the following documents:
a) Written request for asset price appraisal; Decision on establishment of Council of price appraisal in case of establishing Council of price appraisal;
b) Report on result of price appraisal and document replying about result of price appraisal; Record of asset price appraisal and conclusion of asset appraisal of prices in case of establishing Council of price appraisal;
c) Other documents relating to the asset price appraisal.
2. Agencies competent to asset price appraisal or agencies presiding over establishment of Council of price appraisal shall preserve, store dossiers of price appraisal as prescribed by law on archival. Time for archival is not less than 10 (ten) years after the day ending price appraisal, unless otherwise prescribed by law.
Article 28. Council of price appraisal
1. Members of the price appraisal Council
a) The asset price appraisal Council of the Ministry of Finance is established under competence on state management specified in point n Clause 2 Article 5 of this Decree, leader of the Ministry of Finance or an authorized person is chairperson of Council, other members include:
– Representative of unit specialized in price management under the Ministry of Finance;
– Representative of unit specialized in state asset management under the Ministry of Finance;
– The Chairperson of Council shall, base on nature, characteristics of assets subject to price appraisal, decide other members.
In case where the asset price appraisal Council established by the Ministry of Finance under competence on state management specified in point b Clause 3 Article 5 of this Decree, members of Council shall comply with provision in point b Clause 1 of this Article.
b) For the asset price appraisal Council of other Ministry, Ministerial-level agency, Governmental agency, other agency at Central level (hereinafter abbreviated to Ministry, Central agency), leader of Ministry or Central agency possessing assets subject to price appraisal or an authorized person is chairperson of Council, other members include:
– Head of unit possessing assets subject to price appraisal;
– Representative of unit specialized in price management or financial management under the Ministry, central agency and division specialized in price or finance, accounting of unit possessing assets subject to price appraisal;
– Agency competent to decide on establishment of Council shall, base on nature, characteristics of assets subject to price appraisal, decide other members.
c) For the asset price appraisal Council at provincial or district level, leader or an authorized person of state finance agency (Department of Finance, Division of Finance and Planning) is chairperson, other members include:
– Representative of unit possessing assets subject to price appraisal;
– Representative of unit specialized in price management, finance management of the state financial agency;
– Agency competent to decide on establishment of Council shall, base on nature, characteristics of assets subject to price appraisal, decide other members.
d) For the asset price appraisal Council of agencies, organizations, units (hereinafter collectively referred to as units) assigned to purchase, sell, manage and use assets, leader of unit possessing assets subject to price appraisal or an authorized person is chairperson of Council, other members include:
– Representative of division specialized in price or finance, accounting of unit assigned to purchase, sell, manage, use of assets;
– Representative of division specialized in price or finance of the superior agency;
– Agency competent to decide on establishment of Council shall, base on nature, characteristics of assets subject to price appraisal, decide other members.
2. The price appraisal Council must have at least one member trained, improved the professional operations specialized in price appraisal as prescribed by the Ministry of Finance or had graduation diploma of college, university, post-university specialized in price, price appraisal.
3. In necessary case, chairperson of the price appraisal Council may decide on establishment of Assistant Group for the price appraisal Council.
4. Council of price appraisal works in collective principle. Meeting session of price appraisal may carry out only when there are presence of at least 2/3 quantity of members of the asset price appraisal Council. In case where the asset price appraisal Council has only 03 members, the meeting session must have presence of full 03 members. Chairperson of the price appraisal Council shall chair the meeting session of price appraisal. Before carrying out the meeting session of price appraisal, the absent members must have document and send it to chairperson of the price appraisal council in which clearly state reason of absence and their independent opinion about issues related to prices of assets subject to appraisal.
The price appraisal Council will conclude about prices of assets under opinion of majority voted and passed by its members who are present at meeting. In case where number of various opinions is equal, the opinion with the vote of the chairperson of Council is decisive opinion. Members of the price appraisal council have right to make reservations to their opinions if disagree with conclusion on prices of assets decided by the Council; such reserved opinions will be inscribed in record of meeting of asset price appraisal.
5. The asset price appraisal Council as prescribed in Clause 1 of this Article will terminate its operation after finished task specified in Decision on establishment of Council. Agency competent to establishment of Council shall preside over handling of cases arising after the asset price appraisal Council terminated operation.
Article 29. Rights and Obligations of Council of price appraisal
1. Council of price appraisal has rights:
a) To request agencies requesting for price appraisal or agencies, organizations, unit which have assets subject to price appraisal or other relevant organizations, individuals for supplying necessary information and documents to serve for appraising prices of assets;
b) To hire organizations with function of implement evaluation on economic – technical status, quality of assets; hire services for asset price appraisal with the aim to have more information to serve the price appraisal of the price appraisal council. Expenses for hiring shall comply with Article 32 of this Decree;
c) To refuse the asset price appraisal in case of insufficient information and documents at the request specified in point a Clause 1 of this Article;
d) Other rights as prescribed by law.
2. Council of price appraisal has obligations:
a) To comply with the orders of asset price appraisal as prescribed in Article 25 of this Decree;
b) To ensure the independence about professional operations; the truthfulness, objectivity in the course of asset price appraisal and take responsibility for result of asset price appraisal;
c) Keep information in secret as prescribed by law;
d) Other obligations as prescribed by law.
3. The price appraisal Council may use seal of agency deciding its establishment.
Article 30. Rights and Obligations of members of the price appraisal Council
1. Members of the price appraisal Council have rights:
a) To access relevant information and documents to serve for the asset price appraisal;
b) To give out their cognizance, assessment during course of price appraisal;
c) To vote to determine prices of assets; in case of having various opinion, they have right to make reservations and inscribed in record of meeting of Council;
d) To be enjoyed regimes, policies as prescribed by law on price appraisal and other relevant provisions of law;
e) Other rights as prescribed by law.
2. Members of the price appraisal Council have obligations:
a) To comply with the orders of asset price appraisal as prescribed in Article 25 of this Decree;
b) To ensure the independence about professional operations; the truthfulness, objectivity in the course of asset price appraisal and take responsibility before law for their cognizance, assessment as prescribed in point b, point c Clause 1 of this Article;
c) Keep information in secret as prescribed by law;
d) Other obligations as prescribed by law.
Article 31. Cases are not participated in price appraisal
1. Persons who have rights and obligations related to assets subject to price appraisal or have conducted price appraisal over such assets before establishing the price appraisal Council.
2. Persons whose parents, spouses, children, brothers and sisters are price appraisers, persons in charge of management, members of Control Board of price appraisal enterprises having conducted price appraisal over such assets before establishing the price appraisal Council.
3. Persons who are in time of discipline execution with form of warning or heavier, persons who are on administrative probation, persons who are incapable of civil acts or limited the civil act capacity.
Article 32. Expenses for price appraisal of state-owned assets
1. Expenses to serve for price appraisal of State are covered by funding from state budget of agency assigned task of price appraisal or agency competent to establishment of the price appraisal Council in case of establishing the price appraisal Council. The Ministry of Finance shall specify expenses serving for price appraisal of state-owned assets.
2. Especially, for case of price appraisal when procure, sell, liquidate state-owned assets, expenses serving for price appraisal shall comply with regulation of law on management, use of state-owned assets, law on bidding and other relevant law.
Chapter 3.

ORGANIZATION OF IMPLEMENTATION

Article 33. Transitional provisions
1. Within 02 (two) years after this Decree takes effect, enterprises which are practicing price appraisal under notification of the Ministry of Finance before the effective date of this Decree must ensure conditions as prescribed by the Price Law and provisions in this Decree and submit dossier in order to be granted certificate of eligibility for business in price appraisal services by Ministry of Finance.
2. Within 02 (two) years after this Decree takes effect, the establishment of price appraisal council must ensure conditions as prescribed in Clause 2 Article 28 of this Decree.
Article 34. Effect
1. This Decree takes effect on September 25, 2013.
2. To annul the Government’s Decree No. 101/2005/ND-CP dated August 03, 2005, on price appraisal; to annul provisions on price appraisal at Article 14, Article 15, Article 16, Article 17, Article 18, Article 19 of the Government’s Decree No. 170/2003/ND-CP dated December 25, 2003, detailing implementation of a number of Articles of the Price Ordinance; to annul provisions on transitional handling for price appraiser at Clause 3 Article 24 of the Decree No. 153/2007/ND-CPdated October 15, 2007, detailing and guiding implementation of Law on real estate business.
3. Cards of price appraiser which have been issued as prescribed by previous law on price appraisal are still legally valid from the date the Price Law and this Decree takes effect.
Article 35. Responsibility of implementation
The Minister of Finance shall guide implementation of this Decree; Ministers, Heads of ministerial-level agencies, Heads of Governmental agencies, chairpersons of People’s Committees of provinces and central-affiliated cities shall implement this Decree.

ON BEHALF OF THE GOVERNMENT
THE PRIME MINISTER
Nguyen Tan Dung

The post Decree No.89/2013/ND-CP of August 06, 2013, detailing implementation of a number of articles of the price Law on appraisal of prices appeared first on MP Law Firm.

Circular No. 11/2013/TT-BXD of July 31, 2013, prescribing the reporting regime on implementation of investment in construction and business in real estate projects

mplawadmin — Wed, 31 Jul 2013 09:13:36 +0000

THE MINISTRY OF CONSTRUCTION ——-	SOCIALIST REPUBLIC OF VIETNAM Independence – Freedom – Happiness ———-
No.11/2013/TT-BXD	Hanoi, July 31, 2013

CIRCULAR

PRESCRIBING THE REPORTING REGIME ON IMPLEMENTATION OF INVESTMENT IN CONSTRUCTION AND BUSINESS IN REAL ESTATE PROJECTS

Pursuant to the Housing Law No. 56/2005/QH11 dated November 29, 2005;
Pursuant to the Law on real estate business No. 63/2006/QH11 dated June 29, 2006;
Pursuant to the Government’s Decree No. 118/2008/ND-CP dated November 27, 2008, defining the functions, tasks, powers and organizational structure of the Ministry of Finance;
Pursuant to the Government’s Decree No. 153/2007/ND-CP dated October 15, 2007, detailing and guiding implementation of a number of Articles of the Law on real estate business;
Pursuant to the Government’s Decree No. 71/2010/ND-CP dated June 23, 2010, detailing and guiding implementation of the Housing Law;
Pursuant to the Government’s Decree No. 11/2013/ND-CP dated January 14, 2013, on management over investment in urban development;
At the proposal of the Director of Department of House and Real Estate Market Management,
The Minister of Construction promulgates the Circular prescribing the report regime on implementation of investment in construction and business in real estate projects.
Chapter 1.

GENERAL PROVISIONS

Article 1. Scope of regulation
1. This Circular guides implementation of reports on carrying out investment in construction and business in real estate projects.
2. Types of real estate projects must report as prescribed in this Circular include: Projects on housing development; projects on investment in construction of new urban centers; projects on technical infrastructure of industrial zones; projects on shopping mall, offices for rent, hotels; projects on ecological and convalescence tourist zones.
Article 2. Subjects of application
1. Subjects that have responsibility for making reports as prescribed of this Circular include:
a) Construction Departments of provinces and central-affiliated cities;
b) Investors of the real estate projects as prescribed in Clause 2 Article 1 belonging to all economic sectors.
2. Relevant organizations and individuals shall supply information, data for focal agencies to sum up and report.
Chapter 2.

PROVISIONS ON THE REPORTING REGIME

Article 3. Report of local state management agencies in real estate field
1. Units making reports: Construction Departments of provinces and central-affiliated cities
2. Content of reports:
On the basis of reports of investors of real estate projects, data of relevant agencies, the Construction Departments of provinces and central-affiliated cities shall sum up and make the following reports:
a) General report on basic information of real estate projects in localities (the form at Annex 1);
b) General report on carrying out of investment in construction of real estate projects in localities (the form at Annex 2);
c) General report on land clearance of real estate projects in localities (the form at Annex 3);
d) General report on real estate business at real estate projects in localities (the form at Annex 4);
e) Report on real estate transactions and budget revenues from land and from real estate transaction (the form at Annex 5);
In the general reports mentioned above, they are required to clearly state the cases which investors have offences in the course of carrying out real estate projects in order to handle under competence and propose the provincial People’s Committees for measures of handling in conformity with provisions of law on investment, construction, land, housing and real estate business.
3. Time limit for sending report to the Ministry of Construction:
a) Quarterly (before the end day of end month of quarter);
b) Annually (before December 31).
4. Forms of sending reports: in writing and in electronic data file.
5. Place receiving report:
The Department of House and Real Estate Market Management – the Ministry of Construction, number 37 Le Dai Hanh, Ha Noi (email: cucquanlynha@gov.vn).
Article 4. Reports of investor of real estate projects
1. Units making reports: Investors of real estate projects, Management Boards of industrial parks, industrial clusters; Management Boards of urban development zones which are established by State.
2. Content of reports:
a) General report on basic information of real estate projects in localities:
Reporting basic content of project under the written approval for investment, certificate of investment or decision on investment permission of competent state agencies. When projects have adjustments or supplementations, the investors of real estate projects shall make reports supplementing the adjusted contents.
(Form at Annex 6).
b) Report on carrying out investment in construction of projects.
Report on land clearance, investment in construction of technical infrastructure works; investment in construction of works.
(Form at Annex 7).
c) Report on business status at project:
– Status of mobilizing capital (Form at Annex 8);
– Status of performing financial obligations (Form at Annex 9);
– Status of selling the houses, leasing house, transferring land use rights, leasing land… (Form at Annex 10).
For projects which have been finished course of investment in construction, investors shall continue reporting on business status at projects until whole real estate allowed business in project have been sold and leased.
d) Report on ending investment in construction of projects: Report on major content of projects after having finished the investment in construction (the form at Annex 11).
3. Time limit for sending report to the provincial Construction Departments and the Ministry of Construction:
a) Time limit for sending general report on basic information of real estate projects is prescribed as follows:
– 7 days after having decision on approval for investment or permission of investment, decision on approval of projects of competent agencies, certificates of investment (for foreign investment projects);
– 7 days after having decision on adjustment to projects (if any), an additional report must be sent.
b) Time limit for sending reports on carrying out investment in construction and reports on project business is prescribed as follows:
– Quarterly report (before the 25^th day of end month of quarter);
– Annual reports (before December 25).
c) Time limit for sending report on ending investment in construction is prescribed as follows:
– 15 days after finishing investment in construction of works according to investment stages or finishing sub-projects (investment stages or finishing sub-projects are inscribed in decision on approval for investment, decision on approval for projects, decision on permission of investment or certificates of investment…);
– 15 days after finishing investment in construction of entire works of projects.
4. Forms of sending reports: in writing and in electronic data file.
5. Place receiving report:
– The Department of House and Real Estate Market Management – the Ministry of Construction, number 37 Le Dai Hanh, Ha Noi (email: cucquanlynha@gov.vn);
– The provincial Construction Departments where have projects.
Article 5. Examination of implementation and handling of violations regarding reporting status of carrying out implementation of real estate projects
1. Examining implementation of the reporting regime:
a) The Construction Departments of localities shall examine content of reports of investors of real estate projects in localities;
b) The Department of Housing and real estate market Management shall examine reports of the provincial Construction Departments and coordinate with the Construction Departments of localities to examine status of carrying out the real estate projects in order to serve the state management work.
2. Handling of violations:
Investors of real estate projects who fail to report or report improperly with the time limit, report with the incorrect or insufficient content as prescribed in this Circular will be handled as follows:
a) Violation for the first time: The local Construction Departments shall send document for reminding to investor;
b) Violation for the second time: To publicize information of violations on website of the Ministry of Construction, websites of the provincial People’s Committees, websites of the local Construction Departments where implement the real estate projects and notify to investors (if any). Concurrently, sanction administrative violation prescribed by law.
Chapter 3.

ORGANIZATION OF IMPLEMENTATION

Article 6. Transitional provisions
1. For projects which are being implemented: Within 30 days after this Circular takes effect, the investors of projects must send reports as prescribed in Article 4 of this Circular.
2. For projects which have been finished and accepted for receipt and putting into use from January 01, 2013 to the effective date of this Circular: The investors of projects must report as prescribed in point d Clause 2 and point c Clause 3 Article 4 of this Circular.
Article 7. Organization of implementation
1. Responsibilities of the Department of House and Real Estate Market Management – the Ministry of Construction:
a) To sum up data of reports as prescribed in this Circular and report to the Minister of Construction about status of carrying out investment in construction and business at the real estate projects nationwide;
b) To assume the prime responsibility for, and coordinate with the relevant units under Ministries, sectors and localities to examine status of carrying out the real estate projects.
2. Responsibilities of People’s Committees of provinces, central-affiliated cities and the provincial Construction Departments:
a) People’s Committees of provinces and central-affiliated cities shall promulgate Regulation on coordination, specific tasks and liabilities of departments, sectors, specialized agencies under their management (Department of Planning and Investment, Financial Department, Taxation Department, Department of Natural Resources and Environment, the Management Board of industrial zones, the Management Board of urban development area) and the district-level People’s Committees in supplying data for the Construction Departments for summing up and report;
b) The Construction Departments are focal agencies in summing up reports, and take responsibilities for guiding and urging investors of real estate projects in their geographical areas to implement strictly the report as prescribed in this Circular.
Article 8. Provisions of implementation
1. This Circular takes effect on October 01, 2013.
2. Subjects prescribed in this Circular shall implement the report from Quarter 4/2013.
3. In the course of implementation, any arising problems should be reported to the Ministry of Construction for consideration and settlement.

FOR THE MINISTER OF CONSTRUCTION
DEPUTY MINISTER
Nguyen Tran Nam

PLAN
LIST OF ANNEXES
(Promulgated together with the Circular No. 11/2013/TT-BXD dated July 31, 2013 of the Minister of Construction)

No.	Name of Annex	Content of Annex	Type of Form	Report term	Date of receiving report
1	Annex 1 (a)	a) The Construction Department’s General report on information of real estate projects in localities	For projects on housing development, projects on investment in construction of new urban centers	Quarterly, annually	31/3, 30/6, 30/9, 31/12
	Annex 1 (b)		For projects on mixed apartment buildings	Quarterly, annually	31/3, 30/6, 30/9, 31/12
	Annex 1 (c)		For projects on shopping mall, offices for lease, hotels	Quarterly, annually	31/3, 30/6, 30/9, 31/12
	Annex 1 (d)		For projects on technical infrastructure of industrial zones	Quarterly, annually	31/3, 30/6, 30/9, 31/12
	Annex 1 (e)		For projects of ecological, convalescence tourist zones	Quarterly, annually	31/3, 30/6, 30/9, 31/12
2	Annex 2 (a)	The provincial Construction Department’s General report on carrying out of investment in construction of real estate projects in localities	For projects on housing development, projects on investment in construction of new urban centers	Quarterly, annually	31/3, 30/6, 30/9, 31/12
	Annex 2 (b)		For projects on mixed apartment buildings	Quarterly, annually	31/3, 30/6, 30/9, 31/12
	Annex 2 (c)		For projects on shopping mall, offices for lease, hotels	Quarterly, annually	31/3, 30/6, 30/9, 31/12
	Annex 2 (d)		For projects on technical infrastructure of industrial zones	Quarterly, annually	31/3, 30/6, 30/9, 31/12
	Annex 2 (e)		For projects on ecological, convalescence tourist zones	Quarterly, annually	31/3, 30/6, 30/9, 31/12
3	Annex 3 (a)	The provincial Construction Department’s General report on land clearance	For projects on housing development, projects on investment in construction of new urban centers	Quarterly, annually	31/3, 30/6, 30/9, 31/12
	Annex 3 (b)		For projects on mixed apartment buildings
	Annex 3 (c)		For projects on shopping mall, offices for lease, hotels
	Annex 3 (d)		For projects on technical infrastructure of industrial zones
	Annex 3 (e)		For projects on ecological, convalescence tourist zones
4	Annex 4 (a)	The provincial Construction Department’s General report on status of real estate business	For projects on housing development, projects on mixed apartment buildings, projects on investment in construction of new urban centers	Quarterly, annually	31/3, 30/6, 30/9, 31/12
	Annex 4 (b)		For projects on shopping mall, offices for lease
	Annex 4 (c)		For projects on technical infrastructure of industrial zones
	Annex 4 (d)		For projects on ecological, convalescence tourist zones
5	Annex 5 (a)	The provincial Construction Department’s General report on status of real estate transaction		Quarterly, annually	31/3, 30/6, 30/9, 31/12
	Annex 5 (b)	The provincial Construction Department’s General report on budget revenue from land and from real estate transactions		Quarterly, annually	31/3, 30/6, 30/9, 31/12
6	Annex 6 (a)	Investor’s report on information of real estate projects	For projects on housing development, projects on investment in construction of new urban centers	7 days after having decision on approval for investment or permission of investment, decision on approval of projects, certificate of investment
	Annex 6 (b)		For projects on mixed apartment buildings
	Annex 6 (c)		For projects on shopping mall, offices for lease, hotels
	Annex 6 (d)		For projects on technical infrastructure of industrial zones
	Annex 6 (e)		For projects on ecological, convalescence tourist zones
7	Annex 7 (a)	Investor’s Report on carrying out investment in construction of real estate projects.	For projects on housing development, projects on investment in construction of new urban centers	Quarterly, annually	24/3, 24/6, 24/9, 24/12
	Annex 7 (b)		For projects on mixed apartment buildings
	Annex 7 (c)		For projects on shopping mall, offices for lease, hotels
	Annex 7 (d)		For projects on technical infrastructure of industrial zones
	Annex 7 (e)		For projects on ecological, convalescence tourist zones
8	Annex 8	Investor’s Report on mobilizing capital at real estate projects		Quarterly, annually	24/3, 24/6, 24/9, 24/12
9	Annex 9	Investor’s report on status of performing financial obligations with State		Quarterly, annually	24/3, 24/6, 24/9, 24/12
10	Annex 10 (a)	Investor’s Report on the business status at real estate projects	For projects on housing development, projects on mixed apartment buildings, projects on investment in construction of new urban centers	Quarterly, annually	24/3, 24/6, 24/9, 24/12
	Annex 10 (b)		For projects on shopping mall, offices for lease
	Annex 10 (c)		For projects on technical infrastructure of industrial zones
	Annex 10 (d)		For projects on ecological, convalescence tourist zones
11	Annex 11 (a)	Investor’s Report on ending investment in construction of real estate projects	For projects on housing development, projects on investment in construction of new urban centers	15 days after finishing investment in construction of works according to investment stages or finishing sub-projects, finishing investment in works construction of entire project
	Annex 11 (b)		For projects on mixed apartment buildings
	Annex 11 (c)		For projects on shopping mall, offices for lease, hotels
	Annex 11 (d)		For projects on technical infrastructure of industrial zones
	Annex 11 (e)		For projects on ecological, convalescence tourist zones

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Decree No. 34/2013/ND-CP of April 22, 2013, on the management and use of state-owned houses

mplawadmin — Mon, 22 Apr 2013 09:15:30 +0000

THE GOVERNMENT ——-	SOCIALIST REPUBLIC OF VIETNAM Independence – Freedom – Happiness ————–
No. 34/2013/ND-CP	Hanoi, April 22, 2013

DECREE

ON THE MANAGEMENT AND USE OF STATE-OWNED HOUSES

Pursuant to the Law on Government organization dated December 25^th 2001;
Pursuant to the Law on Land dated November 26^th 2003;
Pursuant to the Civil Code dated June 14^th 2005;
Pursuant to the Law on Housing dated November 29^th 2005;
Pursuant to the Law on Management and use of State-owned property dated June 03^rd 2008;
Pursuant to the Ordinance on Incentives for contributors to revolution No. 26/2005/PL-UBTVQH11dated June 29^th 2005 and the Ordinance No. 04/2012/UBTVQH13 dated July 16^th 2012 on amendments to the Ordinance on Incentives for contributors to revolution;
At the request of the Minister of Construction;
The Government issue a Degree on the management and use of state-owned houses
Chapter 1.

GENERAL PROVISIONS

Article 1. Scope of regulation
1. This Decree provides guidance on the implementation of some regulations on the management, use, lease, hire-purchase, and sale of state-owned houses
2. State-owned houses in this Decree include:
a) Public houses;
b) Social housing partially or wholly invested by the State budget (hereinafter referred to as state-owned social housing)
c) Dormitories partially or wholly invested by the State budget or derived from the State budget under the management of Services of Education and Training; student housing invested by the State under the Decisions of the Prime Minister (hereinafter referred to as student housing);
d) Houses derived from the State budget or houses under other ownerships that pass into the state ownership and used for living as prescribed by law, including autonomous houses (hereinafter referred to as old houses).
3. The State-owned property being offices, guest houses, official accommodations, and other types of state-owned houses are not regulated by this Decree.
Article 2. Subjects of application
1. Tenants and buyers of state-owned houses; people that lease state-owned houses with an option to buy them (hereinafter referred to as hirers).
2. Agencies in charge of the management and use of state-owned houses (hereinafter referred to as managing authorities)
3. Organizations and individuals involved in the management and use of state-owned houses
Article 3. Rules for the management and use of state-owned houses
1. The management of state-owned houses must be consistent, the duties of involved agencies must be clearly assigned in order to sustain and develop this housing fund.
2. The use of state-owned houses must serve legitimate purposes, ensure the efficiency, and avoid wastefulness.
3. State-owned houses must ensure quality and safety for their users in accordance with the laws on housing, construction, and relevant laws.
4. The lease, hire-purchase, and sale (hereinafter referred to as lease and sale) of state-owned houses must ensure legitimate subjects, conditions, and comply with this Decree.
5. All violations against the laws on the management and use of state-owned houses shall be strictly penalized as prescribed by law.
Chapter 2.

MANAGING AUTHORITIES

Article 4. Agencies in charge of the management of state-owned houses
1. The agencies that represent the ownership of state-owned houses (hereinafter referred to as ownership representatives) funded by the central budget include:
a) The Ministry of Construction shall represent the ownership of public houses of the Government and state-owned social housing funded by the central budget (excluding state-owned social housing invested by the Ministry of National Defense and the Ministry of Public Security) and student housing under the management of educational institutions affiliated to the Ministry of Construction;
b) The Ministry of National Defense and the Ministry of Public Security shall represent the ownership of public houses and state-owned social housing invested by the Ministry of National Defense and the Ministry of Public Security, student housing under the management by educational institutions affiliated to the Ministry of National Defense and the Ministry of Public Security. The Ministry of National Defense shall represent the ownership of old houses under its management;
c) Other Ministries and central agencies shall represent the ownership of publish houses under their management, student housing under the management of educational institutions affiliated to them.
2. People’s Committees of central-affiliated cities and provinces (hereinafter referred to as provincial People’s Committees) shall represent the ownership of local state-owned houses under their management.
3. Managing authorities are agencies assigned by the ownership representatives prescribed in Clause 1 and Clause 2 of this Article to manage state-owned houses, in particular:
a) For Ministries and central agencies: the agencies in charge of housing management affiliated to such Ministries and central agencies;
b) For local governments: Services of Construction
c) Educational institution shall manage student housing under their management.
4. The units in charge of the management and operation of state-owned houses (hereinafter referred to as house operators) are organizations or enterprises licensed or qualified to manage and operate houses, assigned to manage houses in the form of appointment or competitive bidding.
Public houses for teachers, doctors, and health workers that lie within or adjacent to schools of medical facilities may be managed by such schools of medical facilities.
Article 5. Rights and responsibilities of representatives of state-owned houses
1. The ownership representatives prescribed in Clause 1 and Clause 2 Article 4 of this Decree have the following rights and responsibilities to the houses under their management:
a) Decide the people eligible to lease public houses, lease and buy old houses, lease and hire with an option to buy (hereinafter referred to as hire) state-owned social housing;
b) Select house operators;
c) Decide the maintenance, upgrade, dismantlement, and reconstruction of houses;
d) Issue or decide the rents, hire-purchase, and sale prices;
dd) Decide to take back houses;
e) Other rights and responsibilities delegated by the Prime Minister.
2. The ownership representatives prescribed in Clause 1 and Clause 2 Article 4 of this Decree may delegate managing authorities prescribed in Clause 3 Article 4 of this Decree to exercise the rights prescribed in Point b Clause 1 of this Article. The Ministry of National Defense and the Ministry of Public Security may delegate managing authorities to exercise the rights in Points a, b, and dd Clause 1 of this Article.
Article 6. Rights and responsibilities of managing authorities
The managing authorities prescribed in Clause 3 Article 4 of this Decree has the following rights and obligations:
1. Review, make statistics, and classify houses under their management, manage autonomous houses delegated by central agencies (if any) in accordance with this Decree;
2. Make and submit plans for the maintenance, upgrade, or reconstruction of houses to the ownership representatives for approval;
3. Compile and retain documents about houses and send 01 as-built dossier (for new construction) or drawing dossier (for old houses) to the house operators;
4. Make and submit decisions on the persons eligible to lease public houses, decision on the persons eligible to lease or hire state-owned social housing, and decisions on the persons eligible to lease or hire old houses. Managing authorities may decide the persons eligible to lease, hire, or purchase houses under the management of the Ministry of National Defense and the Ministry of Public Security if they are assigned.
5. Request the ownership representatives to select a house operator or select a house operator if assigned;
6. Impose the rents and sale prices of houses under their management based on the laws on the brackets of rents, hire-purchase and sale prices of state-owned houses, and request the ownership representatives to decide;
7. Report the decisions to take back houses to ownership representatives. The managing authorities affiliated to the Ministry of National Defense and the Ministry of Public Security may decide to take back houses under their management if assigned;
8. Manage, inspect, and supervise the lease, maintenance, maintenance, hire-purchase and sale of houses in accordance with this Decree;
9. Inspect the financial statements of house operators;
10. Carry out inspections, supervision, penalize violations, or request competent authorities to penalize violations relating to the management and use of houses;
11. Summarize and report the management and use of houses as prescribed.
Article 7. Rights and responsibilities of house operators
1. Manage and operate houses handed over by competent authorities as prescribed in Clause 3 Article 4 of this Decree in accordance with this Decree and relevant laws.
2. Lease out and manage the use of houses in accordance with given tasks or contracts signed with managing authorities and this Decree;
3. Compile and issue the regulations on the management and use of houses under the guidance of the Ministry of Construction, and spread these regulations among tenants, hirers, and users of houses.
4. Tightly manage the unsold state-owned houses.
5. Utilize the area serving business and service provision (if any) in projects of public houses and state-owned social housing as prescribed by law to create sources of incomes for defraying the cost of house management and maintenance. The management and operation of houses in this Clause are eligible to policies similar to those of public services.
6. Compile and retain documents relating to the construction, operation, warranty, maintenance, and upgrade of houses; arising documents shall be submitted to managing authorities for retention.
7. Organize the maintenance, operation, and upgrade of houses in accordance with the plans approved by competent authorities.
8. Carry out inspections to discover violations against the laws on management and use of houses, and request competent authorities to take disciplinary actions.
9. Cooperate with local competent authorities in ensuring the security and order for tenants and hirers.
10. Take backs houses under decisions of competent authorities.
11. Make and send periodic or unscheduled reports on the management and use of houses.
12. Fulfill and exercise other rights and responsibilities as prescribed by law.
Article 8. Order and contents of reports on the management of state-owned houses
1. Order of reporting the management of state-owned houses:
a) House operators shall send reports to managing authorities prescribed in Clause 3 Article 4 of this Decree;
b) Managing authorities shall send reports to corresponding ownership representatives.
c) Provincial People’s Committees, Ministers, and central agencies in charge of state-owned houses shall send reports to the Ministry of Construction on the management and use of houses under their management;
d) The Ministry of Construction shall summarize and send reports to the Prime Minister on the management and use of houses nationwide.
2. Report contents:
a) The agencies in Clause 1 of this Article shall report the management and use of houses in every December or at unscheduled requests of the Prime Minister and the Ministry of Construction;
b) The Ministry of Construction shall provide guidance on the report contents to ensure the uniformity in national housing database; apply appropriate information technology in each stage of development of Vietnam.
Article 9. Management of receipts from the lease, hire-purchase and sale of state-owned houses
1. Receipts from the lease, hire-purchase and sale of state-owned houses in this Decree, after deducting the administrative expense and other legitimate expenses (including the expenditure on organizing the sale and hire-purchase of houses as prescribed by law), shall be submitted to the Housing Development Fund, or left in a separate section of the budget of provincial People’s Committees (in provinces that have not establish Housing Development Fund) to sustain and develop state-owned houses, including:
a) Maintain and upgrade state-owned houses;
b) Investment in reconstruction of state-owned houses;
2. The Ministry of Finance shall cooperate with the Ministry of Construction in providing guidance on collecting and spending receipts from the lease and sale of state-owned houses prescribed in Clause 1 of this Article; ensure the openness and transparency, avoid wastefulness in the management and use of this source of income.
Article 10. Prohibited acts in the management and use of state-owned houses
1. Leasing and selling houses ultra vires; leasing or selling houses to improper people or inconformably with this Decree.
2. Transferring lease, hire-purchase or sale contracts; leasing back or lending leased or hired houses improperly.
3. Not using houses for living.
4. Repairing, upgrading, dismantling, or rebuilding houses without permission.
5. Using receipts from the lease, hire-purchase and sale of houses for illegitimate purposes according to this Decree.
6. Other prohibited acts in the management and use of state-owned houses
Chapter 3.

MANAGEMENT OF THE LEASE, HIRE-PURCHASE, SALE, AND USE OF STATE-OWNED HOUSES

Article 11. Subjects and conditions for renting public houses
1. Public houses are used for subjects eligible for leasing while performing their tasks; publics houses shall be returned to the State when the tenants move or stop working. Subjects eligible to hire public houses:
a) Senior officials of the Communist Party and the State shall stay in public houses while performing their tasks;
b) Officials of Communist Party’s agencies, state agencies, and socio-political organizations shall be moved according to their work requirements;
c) Military officers and professional soldier in the army that are mobilized to serve National defense and security;
d) Teachers sent to remote areas, particularly disadvantaged areas, bordering areas, and islands;
dd) Doctors and health workers sent to remote areas, particularly disadvantaged areas, bordering areas, and islands; or rotationally sent to lower medical facilities and hospitals for a certain period
Where the tenant of a public house in this Point lives with his or her family (parents, spouse, children whose names are in the same residence book with the tenant), the public house area shall be extended under the Decision of the Prime Minister on the conditions for using public houses.
2. Conditions for leasing public houses:
a) The subjects in Point a Clause 1 of this Article shall be provided with public houses according to security requirements;
b) The subjects in Points b, c, d, and dd Clause 1 of this Article must not own, buy, lease, or hire social housing in the locality where they work.
If the public housing fund is not sufficient, the organization responsible for such subjects shall lease other houses with similar standards to pubic houses. The rent for this house shall be extracted from wages of the tenant. Where the rent is higher than the price to which the tenant is entitled, the State budget shall pay for this difference: the central budget shall pay for officials under the management of central agencies, local budgets shall pay for officials under the management of local agencies.
Article 12. Subjects and conditions for leasing and hiring public houses
1. Article 12. Subjects and conditions for leasing and hiring public houses:
a) Contributors to revolution according to the Ordinance on incentives for contributors to revolution;
b) Officials, public employees in administrative agencies, communist agencies, and associations whose wages are paid by the State budget;
c) Military officers and professional soldier in the army whose wages are paid by the State budget;
d) Workers in industrial parks, industrial complexes, and enterprises outside industrial parks;
dd) Low earners and poor households facing problems in housing in urban areas;
e) The disabled, the elderly who live alone, and special subjects facing housing problem in urban areas.; The disabled and the elderly that have no residence nor income shall be sent to social protection centers of the State;
g) The subjects that have returned public houses when they are no longer eligible to rent public houses;
h) Households and individuals in resettlement programs who have not been provided with resettlement land or residences.
2. A subject is eligible to rent state-owned social housing when:
a) He owns no house, or has not leased or hired social housing; or has not provided with land or housing by the State in any shape or form, or has owned a house but it cramped, the average area is 5m² per person, or the house is in a poor condition;
b) He has a permanent residence or a labor contract of at least 1 year and has paid social insurance where the house is rented.
Low earners in Point dd Clause 1 of this Article are people that are not obliged to pay regular income tax as prescribed by law on personal income tax; poor households in Point dd Clause 1 of this Article are households that satisfy the standards of the Prime Minister; the disabled and lonely elderly must be certified by People’s Committees of the districts or towns where they live;
Do not apply the conditions in Point a and Point b of this Clause to the subjects in Point h Clause 1 of this Article. The conditions applicable to such subjects shall be decided by provincial People’s Committees.
3. Conditions for hiring state-owned social housing:
a) Satisfy all conditions prescribed in Clause 2 of this Article. The conditions applicable to the subjects in Point h Clause 1 of this Article shall be decided by provincial People’s Committees;
b) The first installment of the hire-purchase is 20% of value of the house.
Article 13. Subjects and conditions for renting state-owned student housing
1. The subjects eligible to lease state-owned student housing are students of universities, colleges, vocational high schools, vocational colleges, and vocational intermediate schools. Where housing is not adequate, housing shall be provided in the following order of priority: students being children in families being beneficiaries of social policies; students in poor households as prescribed by the State; students in remote areas and in provinces; elite students, and first-year students.
2. A student must study in an educational institution (certified by that educational institution) to lease state-owned student housing.
Article 14. Subjects and conditions for state-owned old houses
1. The subjects eligible to rent state-owned old houses are current tenants who wish to keep renting them.
2. Tenants of hold houses must fall into one of the following cases:
a) If the house is being used and the tenant’s name is in the lease contract, then the lease contract shall not be remade unless it expires.
b) If the house is being used and the tenant’s name is not in the lease contract but in the decision to provide housing, the lease contract shall be signed with the house operator
b) If the house is being used and the tenant’s name is not in the lease contract nor in the decision to provide housing, and a dispute over such house is not arise, a written approval must be made by the managing authority, and the lease contract shall be signed with the house operator.
Article 15. Rents, hire-purchase prices, and expenses relating to the lease and hire-purchase of state-owned houses
1. Rents for public housing shall include the administrative, operation, and maintenance expense, excluding construction depreciation and land levies.
2. Rents for state-owned social housing shall ensure the capital recovery for at least 20 years from the day on which the lease contract is signed, excluding land levies.
The hire-purchase prices of state-owned social housing shall ensure the expense recovery for 10 years, excluding land levies. The first installment of the hire-purchase is 20% of the value of the house, the remainder shall be paid for at least 10 years from the day on which the hire-purchase contract is signed.
3. Rents for student housing shall include all administrative, operation, and maintenance expenses, excluding construction depreciation and land levies.
4. Rents for old houses:
a) Rents for houses or non-resident buildings allocated before July 05^th 1994 (the day on which the Government’s Decree No. 61/CP on trade in housing is promulgated), but have not been upgraded shall comply with the Prime Minister’s Decision on rents for state-owned houses that have not been upgraded or rebuilt.
b) Rents for the houses in Point a of this Clause have been upgraded or rebuilt; houses or non-residential buildings allocated after July 05^th 1994 are similar to state-owned social housing.
5. Tenants of apartments being state-owned social housing and old houses shall pay the administrative fees as prescribed.
6. The Ministry of Construction shall provide guidance on the determination of rents for state-owned houses prescribed in this Article.
Article 16. Exemption and reduction of rents for state-owned houses
1. The exemption and reduction of rents shall comply with the following principles:
a) Do not exempt or reduce rents for public housing, student housing, and houses prescribed in Point c and Point d Clause 1 Article 22 of this Decree;
b) The persons of the persons given rent exemption or reduction must be named in lease contracts (including the representative and other members named in the lease contracts)
c) The exemption or reduction of rent is given once to the tenant. A person who rents multiple state-owned houses shall be eligible for the exemption or reduction of rent for only one of them;
d) Where a person eligible for multiple levels of rent exemption or reduction, he or she shall enjoy the highest level of rent exemption or reduction;
dd) Where at least 02 persons in a household who are renting houses and eligible for rent reduction, they are entitled to rent exemption.
2. The subjects eligible for rent exemption and reduction:
a) Revolutionists before January 01^st 1945;
b) Revolutionists from January 01^st 1945 to August’s Revolution 1945;
c) Relatives of martyrs;
d) Heroic Mothers of Vietnam;
dd) War heroes;
e) Heroes of labor in wars;
g) War invalids and beneficiaries of similar policies on war invalids;
h) Sick soldiers;
i) Partisans contaminated with toxic chemicals;
k) Revolutionists and partisans arrested and imprisoned by enemies;
l) Revolutionists and participants in liberation, national protection, and fulfillment of international obligations;
m) Contributors to revolution;
n) Poor households as prescribed by the Prime Minister;
o) The disabled, lonely elderly, and particularly disadvantaged subjects facing housing problem in urban areas.
3. The rent exemption and reduction for the subjects prescribed in Clause 2 of this Article shall comply with the Prime Minister’s Decisions.
Poor households, the disabled, lonely elderly, and particularly disadvantaged subjects facing housing problem in urban areas are entitled to a 60% reduction of rents. This reduction is applicable to the whole household (not to each member of the household).
Article 17. Contracts to lease and hire state-owned houses
1. The lease and hire-purchase of a state-owned house shall be made in a contract signed with the house operator (when renting) or with the managing authority (when hiring) For public housing, the house operator shall sign the lease contract with the tenant or signed with the organization responsible for the tenant of public housing.
2. A lease contract or hire-purchase contract of state-owned houses include:
a) Names and address of parties;
b) Description of the house (position and floor plan);
c) The rent, hire-purchase price, and method of payment.
The exemption or reduction of the rent for old houses or state-owned social housing must be specified (if the tenant is eligible for rent exemption or reduction); the first installment of the hire-purchase of state-owned social housing being 20% of the house value, and the next installments must be specified;
d) The lease period and hire-purchase period; the shortest hire-purchase period is 10 years from the day on which the contract is signed.
dd) Rights and responsibilities of parties;
e) Commitments of parties;
g) Method for settling disputes and the organization in charge of dispute settlement;
h) Other agreements (if any);
i) Contract conclusion date;
k) Signatures of parties;
3. A lease contract or hire-purchase contract shall be terminated when:
a) Both parties agrees to terminate the lease contract or hire-purchase contract;
b) The tenant is no longer eligible to lease the house;
c) The tenant dies and one in his or her household (parents, spouse, children) is living together. When a tenant of public housing dies, the lessor is entitled to terminate the lease contract.
The installment contract shall be terminate when the hirer dies without a legal inheritor, or less than 2/3 of the hire-purchase period is passed though a legal inheritor is present.
d) The tenant or hirer fails to pay the rent for 3 consecutive months without legitimate reason;
dd) The tenant or hirer repairs, upgrades, or changes the structure of the house without permission;
e) The tenant or hirer transfers the right to lease or buy to another person;
g) The house suffers from serious damage and threatens to collapse, and the tenant or hirer has to move from the house under the decision of competent authorities; or the house lies within the area where competent authorities have made decisions on land withdrawal, land clearance, or house dismantlement;
h) A party unilaterally terminate the contract in accordance with the agreements in the contract or in accordance with law.
4. According to this Article, the Ministry of Construction shall specify the lease periods of each subjects and issue templates of contracts to lease and to hire state-owned houses to apply nationwide.
Article 18. Documentation, order, and procedure for leasing and hiring state-owned houses
1. Documentation for leasing and hiring state-owned houses includes the application for the lease or hire-purchase of housing (according to the template provided by the Ministry of Construction), papers proving the entitlement to rent exemption or reduction, and relevant papers.
2. The procedure for the lease or hire-purchase of housing shall be done within 30 days from the day on which the house operator receives the complete and valid dossier.
3. The Ministry of Construction shall specify this Article to ensure the firm management, simple procedure, and convenience for tenants and hirers.
Article 19. Rights and responsibilities of lessors and owners
1. Sign contracts with legitimate subjects and for legitimate purposes; terminate contracts in the cases prescribed in Clause 3 Article 17 of this Decree.
2. Collect rents and installments sufficiently and punctually. When the tenant of public housing who directly signs the contract fails to pay the rent for 03 consecutive months, the house operator shall request the organization responsible for such tenant to deduct the rent from the tenant’s wages; the organization responsible for the tenant shall deduct the rent from the tenant’s wages and make payment to the lessor.
3. Carry out maintenance and operate leased and hired houses as prescribed by law on construction and housing.
4. Notify tenants and hirers of the regulations on the use of public housing, student housing, state-owned social housing, the regulations on the management of apartments or villas (if the leased or hired house is an apartment or villa); remind tenants and hirers to comply with these regulations.
5. The hirer shall receive 20% of the contract value (with an interest according to the interest rate on demand deposit of state-owned commercial banks at that time) that was paid in the first installment when the hirer no longer wishes to hire that house; if the hirer violates Points d, dd, and e Clause 3 Article 17 of this Decree during the hire-purchase period, the owner is entitled to take back the house and refuse to refund the 20% of the contract value that was paid by the hirer.
6. Detect the violations against the regulations on the management and use of housing and request competent authorities to take disciplinary actions.
7. Settle disputes and complaints about the management and use of housing, or request competent authorities to do it.
8. Take backs houses under decisions of competent authorities in this Decree.
Article 20. Rights and responsibilities of tenants and hirers
1. Rights of the tenant:
a) Receive housing according to the contract;
b) Use the housing are according to lease contract for themselves and their family members; student housing shall be used for students only;
c) Request house operators to repair the damage if such damage is not on account of the tenant; enable the lessor to carry out maintenance as prescribed;
d) The tenant may extend the lease contract after the lease period expires if he or she is still eligible to lease housing as prescribed;
dd) If a tenant of public housing returns the public housing without having owned any housing or leased any social housing, such tenant shall be entitled to buy, lease, or hire public housing or be supported by the provincial People’s Committee in other form that suit the actual condition;
e) Exercise other rights as prescribed by law.
2. Rights of the hirer:
a) The rights prescribed in Points a, b, and c Clause 1 of this Article;
b) Request the owner to apply for the Certificate of land use right, ownership of housing and property attached to land (hereinafter referred to as Certificates) after the final installment is made;
c) Make housing transaction after paying off hire installments according to the signed contract and issued with the Certificate; the shortest hire-purchase period is 10 years from the day on which the hire-purchase contract is signed. Before the end of the 10-year period, the hirer may only sell the house to the State at a price not higher than the prices of social housing of the same type at that time.
d) Receive 20% of the contract value (with an interest according to the rate of interest on demand deposit of state-owned commercial banks at that time) when the hirer wishes to terminate the contract, except for the cases in Points d, dd, and e Clause 3 Article 17 of this Decree.
3. Responsibilities of the tenant:
a) Use the house for living; protect the house and equipment therein (if any); repair the damage and pay compensation for the damage on their account;
b) Pay the rent in accordance with the schedule in the lease contract; if the house is an apartment of state-owned social housing, the tenant shall pay the administrative expense. If a signatory to the contract to lease public housing is the organization responsible for the tenant, such organization shall deduct the rent from the tenant’s wages to pay the house operator;
c) Do not repair, upgrade, dismantle, and rebuild the rented house;
d) Do not change the purpose, lend, or lease back the house in any form or shape; the transfer of the right to lease old houses must be approved in writing by the managing authority, and the tenant must sign a lease contract with the house operator as prescribed;
dd) Comply with the regulations on the management and use of housing and decisions made by competent authorities;
e) Comply with the regulations on hygiene, environment, security, and order.
g) Return the house when the contract is violated to such an extent that the house must be returned, or when competent authorities take back the house, or when they are no longer eligible to lease the house.
h) Comply with the lease contract;
i) Fulfill other obligation as prescribed by law.
4. Responsibilities of the hirer:
a)) Fulfill the obligation in Points a, b, c, dd, e, g, h and i Clause 3 of this Article;
b) Do not lease, lease back, mortgage, or sell houses in any shape or form when all installments are not paid and the minimum period of 10 years is not over from the day on which the hire-purchase contract is signed, except for the case in which the hired house is sold to the State as prescribed in Point c Clause 2 of this Article.
Article 21. The management and use of state-owned houses
The management and use of state-owned houses (including the making, retention, of housing documents, warranty, maintenance, upgrade, and dismantlement of houses):
1. The making and retention of houses are done by managing authorities. Managing authorities shall provide housing documents to house operators in other to serve the management and operation of houses;
2. The housing warranty shall comply with the Law on Housing and the Decrees guiding the Law on Housing;
3. The housing warranty shall comply with the laws on construction maintenance and the laws on housing. Housing warranty includes regular maintenance, period repairs and unscheduled repairs aiming to sustain housing quality.
For old houses that have been partially or wholly sold to tenants as prescribed in the Government’s Decree No. 61/CP on house trading, those joint owners shall pay for the maintenance in proportion to the are of housing under their ownership.
4. The upgrade and dismantlement of houses shall comply with the Law on Housing and legislative documents guiding the upgrade and dismantlement of houses issued by competent authorities.
Tenants of the houses that have been inspected by competent authorities and considered suffering from serious damage degradation that pose a threat to collapse shall move away from those houses and the affected areas to protect their lives and their property.
Where a tenant fails to find an accommodation during the upgrade or reconstruction of those houses, managing authorities shall allocate another place of such tenant which satisfies the housing standards. Tenants shall resettle in the upgraded or rebuilt houses in accordance with the contracts signed with house operators.
Article 22. The lease of houses and non-residential building being used for living after November 27^th 1992 (hereinafter referred to as houses)
1. The State shall lease out houses according to this Decree in the following cases:
a) Houses that are allowed to be invested by the State budget before November 27^th 1992 (the promulgation date of the Prime Minister’s Decision No. 118/TTg on house rents and inclusion of payment for housing in wages) but are put into use and allocated to officials and employees after November 27^th 1992 according to this Decision;
b) A tenant has to move, return the house and is allocated with another place to lease after November 27^th 1992;
c) A house or non-residential building being used for living during the period from November 27^th1992 until before July 05^th 1994;
d) A house is allocated during the period from July 05^th 1994 until before January 19^th 2007 (the promulgation date of the Prime Minister’s Decision No. 09/2007/QD-TTg on the rearrangement and settlement of state-owned land and houses).
2. The rent in the cases prescribed in Clause 1 of this Article:
a) The rents for the houses in Points a, b, and c Clause 1 of this Article that have not been upgraded or rebuilt shall comply with the Prime Minister’s decisions on the rents for state-owned houses that have not been upgraded or rebuilt; the houses in Points a, b, and c Clause 1 of this Article that have been upgraded or rebuilt shall apply the rents for state-owned social housing;
b) The rents for houses prescribed in Point d Clause 1 of this Article are similar to those for state-owned social housing.
3. The houses being used from January 19^th 2007 shall be settled in accordance with the regulations on the management of state-owned social housing.
Article 23. Cases in which state-owned houses are withdrawn
1. Houses are sold ultra vires, not to proper subjects, or not under the conditions in this Decree.
2. A leased house shall be withdrawn in one of the following cases:
a) The house is leased ultra vires, not to proper subjects, or not under the conditions in this Decree.
b) In one of the cases prescribed in Clause 3 Article 17 of this Decree;
c) The tenant returns the leased house;
d) Other cases as prescribed by law.
3. A hire house shall be withdrawn in one of the following cases:
a) The authority, subjects, and conditions for the hire-purchase are not conformable with this Decree;
b) In one of the cases in Points a, c, d, dd, e, g and h Clause 3 Article 17 of this Decree;
c) The hirer returns the hired house;
d) Other cases as prescribed by law.
4. The Ministry of Construction shall provide guidance on the order and process of withdrawing houses prescribed in this Article.
Chapter 4.

MANAGEMENT OF THE SALE OF STATE-OWNED HOUSES

Article 14. Types of houses banned from sale
1. The State shall not sell the following types of state-owned houses:
a) Public houses, student housing, and state-owned social housing, except for the cases in Clause 2 and Clause 3 Article 25 of this Decree;
b) Houses in the areas of where public houses or key constructions of the State are built;
c) The houses of which land has been withdrawn to upgrade, rebuilt, or to built another construction;
d) Non-residential buildings being used for living that must be rearranged under the decisions of the Prime Minister;
dd) Houses intended to be used as public houses or state offices; houses attached to historical or cultural sites ranked by competent authorities as prescribed by the laws on cultural heritage;
e) Apartment buildings that suffer from serious damage, degradation and pose a threat to collapse as concluded by competent authorities; open apartments that have not been upgraded, unless users have upgraded them before this Decree takes effect, and their use is independent, voluntary, and agreed in writing in the written request for purchase, and these apartments are not belong to damaged apartment buildings as prescribed in this Point;
g) Villas in the list of villas banned from sale made by provincial People’s Committees and approved by the Prime Minister before this Decree takes effect.
The villas reviewed after provincial People’s Committees send reports to the Prime Minister shall be managed in accordance with the criteria imposed by provincial People’s Committees and reported to the Prime Minister before this Decree takes effect.
2. Tenants of houses banned from sale prescribed in Clause 1 of this Article shall be settled in accordance with current policies on houses and residential land on a case-by-case basis.
Article 25. The subjects eligible to buy and conditions for selling state-owned houses
1. The buyer and the conditions for selling a house allowed to be sold:
a) The buyer must have sign the lease contract, pay sufficient rents, and submit a written request for buying that house, and that house is not in dispute or a lawsuit;
b) For houses of which the public ownership must be established according to the National Assembly’s Resolution No. 23/2003/QH11 dated November 26^th 2003 on land and houses that have been managed and allocated while implementing the policies on land and house management and policies on socialist transformation before July 01^st 1009, and the Resolution No. 755/2005/NQ-UBTVQH11 dated April 02^nd 2005 of Standing Committee of the National Assembly on the settlement of some particular house and land cases while implementing the policies on land and house management and policies on socialist transformation before July 01^st 1009, competent authorities shall complete the procedure for establishing public ownership before selling them;
c) When selling a non-residential building that is used for living before November 27^th 1992, this building must satisfy the following conditions: its land is independent or separated from the agency; the building has separate passages, does not block the front of the office, does not affect the surrounding environment and landscapes; the building is not needed by the agency and is conformable with local land zoning approved by competent authorities. The agency that does not need this building must transfer it to the local provincial People’s Committee to sell as prescribed in this Decree.
2. The public houses and student housing that are not needed by the State or must be moved to other places according to the planning approved by competent authorities without being dismantled, the Ministries, central agencies, and provincial People’s Committees in charge of those building shall send report or the Ministry of Construction, and request the Prime Minister to allow the conversion of purposes and manage the use in accordance with the laws on State-owned property management or selling houses under the guidance of the Ministry of Construction.
3. The Ministry of Construction shall consider and request the Government to decide policies on selling state-owned social housing under the management of Ministries, central agencies, and provincial People’s Committees that must be sold to reinvest in other social housing.
4. The Ministry of Construction shall provide guidance on the regulations this Article.
Article 26. Sellers of state-owned houses
The ownership representatives prescribed in Clause 1 and Clause 2 Article 4 of this Decree are responsible for the sale and houses, and delegate the managing authorities prescribed in Point a and Point b Clause 3 Article 4 of this Decree to sell state-owned houses as prescribed in this Decree.
Article 27. Sale prices of state-owned houses
1. Managing authorities shall establish House Valuation Councils and request the ownership representative prescribed in Clause 1 of Article 4 (if the houses are under the management of central agencies) or request the ownership representative prescribed in Clause 2 of Article 4 (if the houses are under the management of local governments) to approve before selling houses.
2. Sale prices of old houses (despite one or multiple houses are sold) include the housing price and land levies. In particular:
a) The housing price is determined based on the remaining value of the house and the value adjustment coefficient; the remaining value is determined based on the remaining quality of the house multiplied by the standard price of a new house issued by the provincial People’s Committee and effective when the sale contract is signed, and multiplied by the housing area. The remaining value of a house class IV that has been dismantled and rebuilt by the tenant before this Circular takes effect is 0 (zero);
b) The land levy shall comply with the land price list issued by the provincial People’s Committee and effective when the sale contract is signed. The land levy depends on the land position and number of stories:
– The land levy on a multi-storey house shared by multiple households is at 10% of land price when transferring land use right, and distributed to stories in proportion to the number of stories;
– The land levy on a one-storey house and multi-storey house used by one household, a villa used by one household or multiple households is at 40% of the land price when transferring the right to use the land within the limit decided by the provincial People’s Committee; the land levy on the area of land that exceed the limit decided by the provincial People’s Committee is at 100% of the residential land price.
The area of a villa shared by multiple households include: the area of private land without dispute; the area of land on which the villa is built which is distributed to households according to their housing area in proportion to the number of stories; the area of shared land on the premises which is distributed to all households (according to the number of households using the villa). The calculation of land levy on each household starts from the are of land on which the villa shared by multiple households is built, the other areas.
Provincial People’s Committees shall specify the distribution of land when selling villas to suit local conditions.
c) The payments for old houses to which contributions by individuals and collectives that are not derived from the State budget are calculated as follows:
– The housing price shall comply with Point a of this Clause, but the buyer may have the contribution to the construction of the house deducted (according to the proportion of contribution to the recorded value when building the house);
– The land levy shall comply with Point b of this Clause.
3. The Ministry of Construction shall provide guidance on the determination of remaining values of houses, the distribution of stories when transferring the right to use multi-storey houses or old houses shared by multiple households.
Article 28. Exemption and reduction of prices of state-owned houses
1. The price of a state-owned house includes the land levy and housing price.
2. The exemption and reduction of prices shall comply with the following principles:
a) The exemption and reduction of the land levy when selling a state-owned house is only given once to the buyer; where a buyer is eligible for multiple incentives, the highest incentive shall apply. Where multiple individuals in a household are eligible for land levy reduction, the reduction shall be aggregated but must not exceed the land levy payable by the buyer.
b) Do not give land levy exemption or reduction in the cases prescribed in Point c and Point d Clause 1 Article 22 of this Decree;
c) A person who is eligible for land levy exemption or reduction before buying state-owned houses, or eligible for land levy exemption or reduction when receiving residential land, or provided with support for housing improvement in case before this Decree takes effect shall not be eligible for land levy exemption and reduction when buying houses as prescribed in this Decree.
3. The reduction of the housing price must comply with the following principles;
a) The reduction of the housing price must avoid coincidence of subjects and time. Each subjects is given one reduction when buying the house being leased;
b) Do not give housing price reduction in the cases in Point c and Point d Clause 1 Article 22 of this Decree;
c) Where multiple members of a households who have their names in the same lease contract or reside in the same address are eligible for house price reduction, the reduction of each member shall be aggregated, but the total amount must not exceed the amount payable (not including land levy) in the house price;
d) The number of years to calculate housing price reduction is the number of years of working in the organizations under the management of the State by the day on which the sale contract is signed. The number of years of working shall be rounded up or down.
Article 29. Subjects eligible for the exemption and reduction of prices of state-owned houses
1. The subjects eligible for land levy exemption and reduction when buying state-owned houses include:
a) Contributors to revolution prescribed in Clause 2 Article 16 of this Decree;
b) Poor households as prescribed by the Prime Minister;
c) The disabled, the lonely elderly, and particularly disadvantaged subjects facing housing problem in urban areas.
2. The levels of land levy exemption and reduction for the subjects prescribed in Clause 1 of this Article are decided by the Prime Minister’s Decisions.
Poor households, the disabled, the lonely elderly, and particularly disadvantaged subjects facing housing problem in urban areas are entitled to a 60% reduction of land levy payable. This reduction is applicable to the whole household (not to each member of the household).
3. The subjects eligible for the exemption and reduction of housing prices when buying state-owned houses include:
a) Officials and public employees in administrative agencies, communist agencies, and associations whose wages are paid by the State budget;
b) Personnel in the army whose wages are paid by the State budget;
c) Non-commissioned officers and soldiers who have operated in battlefields A, B, C, K;
d) Officers works in communes and wards whose wages are paid by the State budget;
dd) Employees and officials who have worked for at least one year in state-owned enterprises or organizations licensed to produce or provide services affiliated to administrative agencies, the armed forces, Communist’s agencies and Associations;
e) The subjects in Points a, b, c, and dd of this Clause assigned to work in foreign-invested enterprises, industrial parks, export processing zones, representative offices in Vietnam, diplomatic missions, international organizations, or non-governmental organizations, foreign radio/television stations and press agencies in Vietnam, and the units affiliated to other economic sectors;
g) Beneficiaries of pension, disability benefits, occupational accident benefits or occupational illness benefits, benefits for rubber workers, social insurance, redundancy pays before and after the issuance of the Decision No. 111/HDBT dated April 12^th 1991 of the Council of Minister (now the Government), or before and after the issuance of the Labor Code 1995;
h) Wage earners in the armed forces who are not eligible for monthly pension, disability benefits but receive demobilization benefits; people demobilized before 1960;
i) The subjects prescribed in Clause 1 of this Article.
The papers serving the identification of subjects eligible for reduction of housing prices and the actual working duration shall comply with the Prime Minister’s Decisions.
4. Reduction of housing prices when buying state-owned houses:
a) Each year, a house buyer is given a reduction at 69% of the minimum wages applicable to officials, public employees, and the armed forces as prescribed by the Government. Each year of working in the armed forces shall be given a reduction at 124% of the minimum wages as prescribed in this Point;
b) Where a contributor to revolution, a member of a poor household, the disabled, the elderly is given a reduction smaller than 6.9 times of the minimum wages prescribed by the Government shall receive a reduction at 6.9 times of the minimum wages;
A member of a poor household shall receive a reduction for the whole households (not for each member thereof).
Article 30. Contracts to sell state-owned houses
1. The purchase of state-owned houses must be made in a sale contract signed by the managing authority and the house buyer. A sale contract includes:
a) Names and address of parties;
b) Description of the house (address, type, etc.);
c) Sale price and method of payment; the exemption or reduction (if the buyer is entitled to the price reduction or exemption);
d) Rights and responsibilities of parties;
dd) Commitments of parties;
e) Method for settling disputes and the organization in charge of dispute settlement;
g) Other agreements (if any);
h) Date of contract conclusion;
i) Signatures of parties.
2. Based on Clause 1 of this Article, the Ministry of Construction shall issue templates of contracts to sell state-owned houses to apply nationwide.
Article 31. Order and procedure for selling state-owned houses
1. Order and procedure for selling state-owned houses
a) The house buyer shall submit an application for buying the house to the corresponding house operator;
b) The house operator shall receive applications, make a list of house buyers; and send reports to the managing authority. The managing authority shall request the ownership representative to decide the sale of the house;
c) Based on the decision to sell houses of competent authorities, the house operator shall notify the house buyer of the specific time to sign the sale contract with the managing authority;
d) The house shall be sold within 45 days from the day on which the house operator receives the complete and valid application. This period is not included in the time limit for issuing the Certificate.
The issuance of the Certificate to the house buyer shall comply with the laws on Certificate issuance. The Certificate issuer shall send a list of house buyers that have been issued with Certificates and a copy of the Certificate to the managing authority.
2. The Ministry of Construction shall provide guidance on the order and procedure for selling houses prescribed in this Article, ensure simply procedure and convenience for house buyers.
Article 32. Entitlements and responsibilities of sellers of state-owned houses
1. Sell houses in accordance with the order, procedure and time in this Decree and guidance of the Ministry of Construction.
2. Request house buyers to pay for the house and fulfill all financial obligations punctually according to the sale contract.
3. Provide buyers with the regulations on the management and use of apartments or villas.
4. Request competent authorities to issues Certificates to buyers after the procedure for buying houses is completed.
5. Do not request buyers to submit other papers than the house purchase papers as prescribed.
6. Fulfill and exercise other rights and responsibilities as prescribed by law.
Article 33. Rights and responsibilities of buyers of state-owned houses
1. Request the buyer to comply with the order and procedure for selling state-owned houses.
2. Be given price reduction or exemption if entitled as prescribed in this Decree.
3. Request the seller to provide papers relating to the house in accordance with the time in the sale contract.
4. Make full payment for the house rice in accordance with the sale contract.
5. Fulfill financial obligations relating to the sale of houses as prescribed by law.
6. Request the seller to request competent state authorities to issue the Certificate to the bought house, and receive the Certificate.
7. Fulfill and exercise other rights and responsibilities as prescribed by law.
Article 34. Selling houses and non-residential buildings used for living after November 27^th1992
1. Houses being used from 27^th 1992 until before July 05^th 1994 shall be sold to their tenants as follows:
a) Conditions for selling a house:
– The house must not fall in the cases prescribed in Clause 1 Article 24 of this Decree, must not in a dispute or lawsuit, must be conformable with housing planning, and its tenant wished to buy it;
– A non-residential building must also be separated from the agency, have separate passages, not block the front of the agency, not affect the surrounding environment and landscape, be conformable with the local land zoning, and not be needed by the agency.
b) House prices shall comply with Clause 2 Article 27 of this Decree.
2. Houses being used from July 05^th 1994 to before January 19^th 2007 shall be sold to their tenants as follows:
a) The house must satisfy the conditions in Point a Clause 1 of this Article;
b) The house price includes:
– a) The housing price is determined based on the remaining quality of the house multiplied by the standard price of a new house issued by the provincial People’s Committee and is effective when the sale contract is signed, and multiplied by the housing area;
– The land levy is charged at 100% of the land price in the price list issued by the provincial People’s Committee and effective when the sale contract is signed (whether or not the land area exceeds the limit).
3. The cases in Clause 1 and Clause 2 of this Article shall not be given house price reduction nor exemption.
4. Non-residential buildings used for living that are not able to be sold as prescribed in Clause 1 and Clause 2 of this Article shall be settled in accordance with the laws on the management of state-owned land and houses.
Article 35. Settlement of shared housing area and area of land adjacent to state-owned houses
1. When all separate areas of a house shared by multiple households are sold, but the shared area has not been sold, and the owner of the whole area wishes to buy this shared area:
a) The buyer shall pay the housing price and land levy on this shared area;
b) The housing price is determined based on the remaining quality of the house multiplied by the standard price of a new house issued by the provincial People’s Committee and is effective when the sale contract is signed, and multiplied by the used area;
c) The land levy is charged at 100% of the land price in the price list issued by the provincial People’s Committee and effective when the sale contract is signed.
2. The area of land adjacent to a state-owned house being sold according to the Government’s Decree No. 61/CP on the house trading, but the right to use land is not transferred to the actual users, or when the State sells a house, the adjacent area of land shall be settled as follows:
a) Transfer the right to use the land adjacent to the state-owned house if this area is not in dispute or lawsuit and is conformable with the housing planning;
b) The land levy shall be charged at 40% of the residential land price if the area does not exceed the limit, the land levy on the area of land that exceeds the limit shall be charged at 100% of the residential land price ( the land limit includes the housing area and adjacent area). Land prices for calculating land levies shall apply land price lists issued by provincial People’s Committees and effective when certifying the right to use that adjacent area of land.
Land levies on the area of land outside the premises of state-owned houses shall comply with the laws on land.
3. When building a house vacant land within the premises of a state-owned house in accordance with the housing planning and no dispute arises, the land user shall have his land use right certified by the State. The land levy in this case is charged at 100% of the land price according to the list issued by the provincial People’s Committee and effective when certifying the land use right.
4. The shared area of the house that is not bought by the house owners shall be managed by the managing authority in accordance with this Decree and the law on housing.
5. Provincial People’s Committees shall specify the documentation, order, and procedure for resolving the cases based on this Article and local conditions.
Chapter 5.

IMPLEMENTATION ORGANIZATION

Article 36. Responsibilities of the Ministry of Construction
1. Specify the contents of this Decree.
2. Cooperate with other Ministries, agencies, and provincial People’s Committees in organizing the implementation of this Decree.
3. Provide guidance for managing authorities affiliated to the Ministry of Construction on the management of the Government’s public houses and state-owned social housing invested by the central budget; provide guidance for educational institutions on the management of student housing under their management.
4. Assist the Government in exercising the rights of ownership representatives of Ministries and central agencies to the state-owned houses under their management.
5. Supervise and inspect the lease, hire-purchase, and sale of state-owned houses nationwide.
6. Penalize or request competent authorities to penalize violations against the laws on the management, use, lease, hire-purchase, and sale of state-owned houses.
7. Send reports or the Prime Minister on the management and use of state-owned houses as prescribed in this Decree; suggest amendments to the regulations on the management of state-owned houses to suit the reality.
8. Fulfill other tasks in accordance with this Decree and delegated by the Prime Minister.
Article 37. Responsibilities of provincial People’s Committees
1. Provide guidance for local functional authorities on the management of local state-owned houses in accordance with this Decree and relevant laws; provide guidance for involved local agencies in cooperating in the receipt of autonomous housing fund and managing the sale, lease, and hire-purchase of houses prescribed in this Decree.
2. Decide the rents for public houses, rents and hire-purchase prices of state-owned social housing, rents for student housing and old house under the management of local governments.
3. Establish a procedure for the sale and hire-purchase of local state-owned houses based on the guidance of the Ministry of Construction; provide guidance for competent authorities on the procedure for the sale and hire-purchase of houses and the issuance of Certificates to buyers and hirers in order to ensure simple procedure and convenience for house buyers.
4. Provide guidance for Services of Construction on setting service prices for house managing services to apply to houses of central and local agencies that are built locally.
5. Provide the lists of local state-owned houses not for sale on the websites of the provincial People’s Committees and Services of Construction.
6. Supervise and inspect the management of local state-owned houses (including state-owned houses not for sale); make plans and provide policies on encouraging economic sectors to participate in the upgrade and reconstruction of houses not for sale and the houses of which the tenants do not wish to hire, ensure the safety, improve the quality and contribute to the urban embellishment, ensure the preservation of capital.
7. Send reports or the Ministry of Construction on the management and use of state-owned houses as prescribed in this Decree.
8. Penalize or request competent authorities to penalize violations against the laws on the management, use, lease, hire-purchase, and sale of state-owned houses.
9. Make decisions to withdraw local state-owned houses under the management and enforce such withdrawal (including the state-owned houses under the management of central agencies) if case the tenants or hirers refuse to return the houses after the such decisions are made by competent authorities.
10. Perform other tasks prescribed in this Decree and relevant laws.
Article 38. Responsibilities of relevant Ministries and agencies
1. Relevant Ministries and agencies shall manage and use the houses under their management in accordance with this Decree and guidance of the Ministry of Construction; decide the rents for public houses and student housing, the rents and hire-purchase prices of state-owned social housing under their management; send reports to the Ministry of Construction on the management and use of houses under their prescribed as prescribed in this Decree; penalize or request competent authorities to penalize violations against the laws on the management, use, lease, hire-purchase, an sale of houses.
2. The Ministries and agencies having old autonomous houses shall transfer them to provincial People’s Committees for management as prescribed in this Decree, except for the old houses under the management of the Ministry of National Defense. The transfer shall comply with the regulations on the condition of the houses, the land, and the users when transferring, ensure simple procedures and convenience for involved organizations in the transfer and receipt of houses.
3. Cooperate with other the Ministry of Construction and provincial People’s Committees in implementing this Decree.
4. The Ministry of Finance shall cooperate with the Ministry of Construction in providing guidance on the management and use of the money from the lease, hire-purchase, and sale of state-owned houses, and the mechanism for using public services applicable to the operation of state-owned houses for managing authorities and relevant agencies.
Chapter 6.

REGULATIONS ON THE IMPLEMENTATION

Article 29. Effect
1. This Decree takes effect on June 06^th 2013.
2. This Decree supersedes:
a) The Government’s Decree No. 61/CP dated July 05^th 1994 on the sale of houses;
b) The Government’s Decree No. 21/CP dated April 16^th 1006 on the amendments to Article 5 and Article 7 of the Government’s Decree No. 61/CP dated July 05^th 1994 on the sale of houses;
The Government’s Resolution No. 23/2006/NQ-CP dated September 07^th 2006 on some solutions for speeding up the sale of state-owned houses to their tenants according the Government’s Decree No. 61/CP dated July 05^th 1994;
d) The Government’s Resolution No. 48/2007/NQ-CP dated August 30^th 2007, amending the policies on selling state-owned houses to their tenants according to the Government’s Decree No. 61/CP dated July 05^th 1994, and the rents for state-owned houses that have not been upgraded or rebuilt.
3. The following documents and regulations are annulled:
a) The Prime Minister’s Decision No. 188/1998/QD-TTg dated September 28^th 1998 of the Prime Minister on the sale of villas in Ho Chi Minh city; the Prime Minister’s Decision No. 189/1998/QD-TTg dated September 28^th 1998 on the sale of villas in Hanoi;
b) Articles 23, 24, 25, 26, 27, 28, 29, 30, 37, Clause 1 Article 38, Clause 1 Article 39, and the regulations on the management of state-owned social housing in Article 40 of the Government’s Decree No. 71/2010/ND-CP June 23^rd 2010 elaborating and providing guidance on the implementation of the Law on Housing are annulled;
c) The regulations on the management, use, lease, hire-purchase, and sale of state-owned houses issued by the Prime Minister, Ministries, agencies, and provincial People’s Committees before this Decree takes effect that are at odds with this Decree are annulled.
4. Keep selling state-owned houses in accordance with the Government’s Decree No. 61/CP dated July 05^th 1994 on the sale of houses to the buyers that apply for buying old houses before this Circular takes effect, provided those houses are qualified for being sold as prescribed in this Decree.
Article 29. Implementation responsibilities
Ministers, Heads of ministerial agencies, Heads of Governmental agencies, the President of the provincial People’s Committee are responsible for the implementation of this Decree./.

FOR THE GOVERNMENT
THE PRIME MINISTER
Nguyen Tan Dung

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