ESTATE 2014 – MP Law Firm

Law No. 65/2014/QH13 of November 25, 2014, on housing

mplawadmin — Tue, 25 Nov 2014 16:29:46 +0000

THE NATIONAL ASSEMBLY ——-	SOCIALIST REPUBLIC OF VIETNAM Independence – Freedom – Happiness —————
Law No. 65/2014/QH13	Hanoi, November 25, 2014

LAW

ON HOUSING

Pursuant to the Constitution of the Socialist Republic of Vietnam;
The National Assembly issues the Law on housing.
Chapter I

GENERAL PROVISIONS

Article 1. Scope
This Law stipulates ownership, development, management, and use of housing; housing-related transactions; state management of housing in Vietnam. Transactions in sale, lease, and sublease on commercial housing conducted by real estate enterprises or cooperatives shall comply with regulations of law on real estate trading.
Article 2. Regulated entities
This Law applies to organizations, households or individuals related to ownership, development, management, use, and transactions in housing and state management of housing in Vietnam.
Article 3. Interpretation of terms
For the purposes of this Law, these terms below shall be construed as follows:

Housing means any building in which households or individuals live.
Separate house means any house which is built on a detached land plot under lawful rights to use of an organization, household or individual, including villas, row houses and detached houses.
Apartment building means any multi-storey building which has multiple apartments, public stairs, hall ways, private areas, common areas and common infrastructural works for organizations, households or individuals, including apartment buildings for residential use and mixed-use buildings for both business and residential purposes.
Commercial housing means any house which is built for sale, lease, or lease purchase according to market mechanism.
Official residence means any house rent by entities entitled to live in official residences as prescribed in this Law over the duration in which they are on duty.
House serving relocation means any house provided for households or individuals who have to relocate when the State withdraw land or carry out land clearance as prescribed in regulations of law.
Social house means any house provided for entities benefitting from the policies on housing support carried out by the State as prescribed in this Law.
Housing construction project means all planned pieces of work that are designed to use capital to build new housing, or technical and/or social infrastructural works for residential use, or to renovate or repair housing in a certain location.
Housing development means the investment in builing new housing, rebuilding housing or expanding area of housing.
Housing renovation means the process of improving quality, expanding area, restructuring of existing housing area.
Housing maintenance means the maintenance of housing on schedule and repair upon damages of housing for housing quality assurance.
Homeowner means any organization, household, or individual having legitimate housing through investment in housing construction, purchase, lease purchase, receipt of gift, receipt of inheritance, receipt of capital contribution, or exchange and other transactions prescribed in this Law and corresponding regulations of law.
Apartment owner means the owner of an apartment or the owner of other areas in an apartment building.
Vietnamese organization means any regulatory agency, armed unit, public service provider, political organization, socio-political organization, occupational-social-political organization, social organization, socio-occupational organization, economic organization and other organization prescribed in law on civil (hereinafter referred to as organization).
Private area in an apartment building means the interior area of each apartment or other areas of an apartment building which is recognized as the private areas of each apartment owner and private equipment in each apartment or other area of each apartment owner prescribed in this Law.
Common area of an apartment building mean the remaining area of an apartment building exclusive of the private areas of the apartment owner and shared equipment in the apartment building prescribed in this Law.
Lease purchase agreement means an agreement, whereby the lessee pays an option fee of 20% of a house, unless the lessee is able to pay an option fee more than 20% but not exceeding 50% of the house; the remaining payment shall be considered as the monthly rent over a certain duration; the lessee shall acquire the ownership of such house if he/she pays off the total amount when the lease purchase agreement expires.
Existing house means any house which has been completed and put into operation.
Off-the-plan house means any house which is under construction and has not been permitted to put into operation.

Article 4. Rights to have residence and acquire homeownership
Any household or individual is entitled to have residence through investment in housing construction, purchase, lease, lease purchase, receipt of gift, receipt of inheritance, receipt of capital contribution, exchange, borrowing, stay, or authorization for housing management and other transactions prescribed in regulations of law. Any organization, household, or individual having legitimate housing through the methods prescribed in Clause 2 Article 8 of this Law is entitled to acquire ownership of such houses as prescribed in this Law.
Article 5. Protection of homeownership

The State recognizes and protects the homeownership of homeowners as prescribed in this Law.
Any houses under lawful ownership of organizations, households or individuals shall not be nationalized. In case of vital necessity for national defense and security purposes; socio-economic development for national or public benefits, or state of war, state of emergency, or disaster response, the State shall decide the purchase, commandeering, or demolition of housing under lawful ownership of the organizations, households, or individuals, then the State must pay compensation and carry out policies on relocation to homeowners as prescribed.

Article 6. Prohibited acts

Infringing the homeownership of the State, organizations, households or individuals.
Obstructing the fulfillment of state management of housing, exercise of rights and fulfillment of obligations of the organization, household, or individual in terms of the homeownership, use of housing and housing-related transactions.
Introducing policies on residential construction projects or residential construction projects in contravention of approved residential construction planning, residential development planning.
Building houses on the pieces of land other than residential land; build houses in contravention of standards for design standards, housing area standards applied to each type of houses as prescribed. Applying the incorrect calculation of floor area prescribed in law on housing sale or specified in the lease purchase agreement.
Illegal appropriation of housing areas; encroaching upon the space and facilities under common areas or ownership of other owners in any shape or form; arbitrarily change the bearing structure or change the design of private areas in the apartment building.
Using the common areas and facilities under joint ownership or joint use for private purposes; use common areas or the areas for service provision in a mixed-use building for improper purposes against the approval of residential construction project or the approved project, unless such area is permitted to change purposes by a competent agency.
Using mobilized capital or advance payments for housing development for improper purposes.
The investor in a residential construction project authorizing or assigning the parties involved in investment cooperation, joint venture, association, capital contribution or other organizations, individuals to conclude agreements on housing lease, lease purchase, sale, deposit agreements on housing-related transactions or agreement on trading of land use rights in projects.
Making transactions in housing sale or transfer of housing sale agreement, housing lease, lease purchase, gifting, exchange, inheritance, mortgage, capital contribution, lending, and permission for stay or authorization for housing management not in accordance with this Law.
Renovating, expanding, demolishing the houses under agreements on housing lease, lease purchase, lending, permission for stay, or authorization of housing management without the consent of the homeowner.
Using the apartments not for residential purposes; using the area for business purposes in the apartment building under approved project for trading flammable materials, explosives, providing services causing environmental pollution, noise or negative effects on the lives of households and individuals in the apartment building as prescribed in regulations of the Government.
Using the separate houses for trading flammable materials, explosives, providing services causing environmental pollution, noise or other operations or negative effects on the lives of households and individuals in the apartment building as prescribed in regulations of law on requirements for business.
Providing information about housing inaccurately, untruthfully, inconfomably with regulations or requests of the competent agencies; destroy or falsify information in the database of housing managed by the competent agencies.

Chapter II
HOMEOWNERSHIP
Article 7. Entities eligible for the homeownership in Vietnam

Vietnamese organizations, households or individuals (hereinafter referred to as Vietnamese entities).
Overseas Vietnamese.
Foreign organizations and individuals (hereinafter referred to as foreign entities) prescribed in Clause 1 Article 159 of this Law.

Article 8. Entities eligible for the homeownership recognition

Vietnamese entities; overseas Vietnamese permitted to enter Vietnam; foreign entities prescribed in Article 160 in this Law.
Entities having legitimate housing through following transactions:
a) Vietnamese entities who invest in housing construction, purchase, enter into lease purchase agreements, receive gifts, receive inheritance, receive capital contribution, exchange houses, or make other transactions prescribed in regulations of law .
b) Overseas Vietnamese who enter into agreements on commercial housing purchase, lease purchase with enterprises or cooperatives conducting real estate trading (hereinafter referred to as real estate enterprise); agreements on housing purchase, gifting, exchange, inheritance with households or individuals; agreements on residential land transfer in the project on commercial housing construction which is permitted to divide the piece of land into smaller lots/plots for sales as prescribed.
c) Foreign entities who enter into agreements as prescribed in Clause 2 Article 159 of this Law.

Article 9. Procedures for homeownership recognition

If any organization, household, or individual is eligible for homeownership and has legitimate housing prescribed in Article 8 in this Law, the house shall be granted the Certificate of land use right, homeownership and property on land (hereinafter referred to as the Certificate). The house which is granted the Certificate must be an existing house.
Procedures for issuance of the Certificate to the homeowner shall comply with regulations of law on land.

With respect to the fixed-term agreements on housing ownership prescribed in Clause 1 Article 123 in this Law, the buyer shall be granted the Certificate within the term of the agreement; when the contractual term of the agreement expires, the homeownership shall be retransferred to the initial homeowner; the issuance or expiration of the Certificate shall comply with regulations of the Government.

The competent agency in charge of issuance of the Certificate must specify housing type and housing class in the Certificate as prescribed in this Law and law on construction; specify floor area and usable area regarding the apartment building; specify the name of the residential construction project approved by the competent agency regarding the housing in such project.
The Certificate of any house in the residential construction projects for lease purchase or sale purposes shall not be granted to the investor but it shall be granted to the lessees or the buyers, unless the investor wishes to be granted the Certificate pertaining to the house which is not under any agreement on lease purchase or sale; if the investor builds houses for lease, such houses shall be granted the Certificate.
In case the household or the individual has a multi-storey house whose each story has at least 2 apartments satisfying requirements prescribed in Clause 2 Article 46 in this Law, the competent agency shall grant the Certificate to every apartment in such house.

Article 10. Rights of homeowners and occupiers

If the homeowner is a Vietnamese entity or an oversea Vietnamese, he/she shall have rights to:
a) Enjoy inalienable rights to his/her lawful housing;
b) Use the house for residential purposes and other purposes not prohibited by regulations of law.
c) Obtain the Certificate of the house(s) under their lawful homeownership as prescribed in this Law and law on land;
d) Sell housing or transfer the agreement on housing purchase, lease , lease and purchase, gifting, exchange, inheritance, mortgage, capital contribution, lending, permission for stay, or authorize housing management ; if the agreement on housing gifting or inheritance is concluded with an entity ineligible for the homeownership in Vietnam, such entity is only entitled to the value of the house;
dd) Share the public utilities in that residential area as prescribed in this Law and relevant regulations of law.

The owner of an apartment building has the right to ownership and enjoyment of the common areas and infrastructural works of such apartment building, exclusive of buildings for business or transfer to the State as prescribed, and the agreement on housing sale or lease purchase;

e) Maintain, renovate, demolish, or rebuild his/her house as prescribed in this Law and law on construction.
g) Receive the compensation as prescribed in regulations of law or payment according to fair market price when their house is demolished, imposed compulsory purchase order, or commandeered by the State for national defense and security purposes; for socio-economic development purposes, or in the state of war, state of emergency, or disaster situations;
h) File complaints, denunciation, or lawsuits over violations against their lawful ownership and other violations against law on housing.
If for a person has a fixed-term homeownership as prescribed in Clause 1 Article 123 in this Law, he/she may exercise the rights prescribed in Clause 1 of this Article over the homeownership period, unless otherwise agreed among the parties; when the contractual term expires, the house which is under management of the homeowner must be returned to the initial homeowner.
If the homeowner is a foreign organization or individual, he/she shall have the rights prescribed in Article 161 of this Law.
Any occupier other than the homeowner may exercise rights to manage or use the house as agreed with the homeowner.

Article 11. Obligations of homeowners and occupiers

If the homeowner is a Vietnamese entity or an oversea Vietnamese, he/she shall have rights to:
a) Use the house for proper purposes as prescribed; compile and store documents on their house;
b) Comply with regulations on fire safety, hygiene, environment, social safety and order as prescribed;
c) Comply with regulations on housing sale or transfer of agreements on housing sale, housing lease, lease purchase, gifting, exchange, inheritance, mortgage, capital contribution, lending, permission for stay, or authorization of housing management; and comply with the Law on marriage and family when the house which is matrimonial property is transacted.
d) Comply with regulations of law and do not cause damages to benefits of the State, public, or lawful rights and interests of other households or individuals when their house is maintained, renovated, demolished, or rebuilt; if the homeowner is eligible for fix-term homeownership prescribed in Clause 1 Article 123 in this Law, the house shall be renovated or demolished under the agreement between contracting parties;
dd) Purchase insurance against fire pertaining to the house subject to insurance against fire as prescribed in law on fire safety and law on insurance business;
e) Implement effective decisions on actions against violations, disputes, complaints, or denunciation of housing, housing compensation, relocation, or demolishment made by the competent agency when the State withdraws their land, conducts land clearance, imposes compulsory purchase orders;
g) Enable related entities and competent persons to carry out the inspection, observation, or maintenance of equipment systems, technical infrastructure, or common areas;
h) Fulfill financial obligations to the State when their homeownership is recognized, their transactions are conducted and over the period in which the house is used as prescribed.
If the homeowner is a foreign entity, except for obligations prescribed in Clause 1 of this Article, he/she must fulfill obligations prescribed in Clause 2 Article 162 in this Law.
The occupier other than the homeowner is required to fulfill the obligations to manage or use the house under the agreement with the homeowner and as prescribed in this Law.

Article 12. Time of transfer of the homeownership

With respect to any agreement on housing sale not prescribed in Clause 3 of this Article and any agreement on housing lease purchase, the homeownership shall be transferred from the date on which the buyer or the lessee pays off the total amount and receives the house, unless otherwise agreed.
With respect to any agreement on housing capital contribution, gifting, or exchange, the homeownership shall be transferred from the date on which the beneficiary of that agreement receives the house.
With respect to any agreement on housing sale concluded between the investor and the buyer, the homeownership shall be transferred from the date on which the buyer receives the house or from the date on which the buyer payoffs the total amount to the investor. With respect to any agreement on commercial housing concluded with the real estate enterprises, the homeownership shall be transferred in accordance with law on real estate trading.
With respect to housing inheritance, the homeownership shall be transferred in accordance with law on inheritance.
The housing-related transactions prescribed in Clause 1, 2 and 3 of this Article shall comply with requirements pertaining to housing-related transactions and the agreement must take effect as prescribed in this Law.

Chapter III
HOUSING DEVELOPMENT
Section 1. General provisions of housing development
Article 13. Policies on housing development

The State shall provide residential land resources by granting approval for land-use planning, urban planning, particular area planning, or rural area construction planning.
The State shall issue policies on planning, land, finance, credit, science and technology application, new building materials to invest in renovation or reconstruction of apartment buildings which are seriously damaged, in danger of collapse, or unsafe for the occupiers, and encourage organizations, households or individuals to develop housing for lease, lease purchase, or sale according to market mechanism.
The State shall issue policies on tax exemption and reduction, exemption and reduction in land levies, land rents, long-term credit with preferential interest rate, other financial incentives and grant from capital resources of the State to carry out incentive policies on social housing.
The State shall formulate policies on research and issuance of typical designs regarding every type of housing in conformity with every area, region; incentive policies on energy-saving housing development.
The People’s Committees of provinces or central-affiliated cities (hereinafter referred to as provinces) and investors in commercial housing projects shall reserve residential land for social housing construction as prescribed in law on housing.

Article 14. Requirements pertaining to housing development

Conform to housing demands of multiple entities and socio-economic conditions of the country, each local government, each area or region in every period.
Conform to Strategy for national housing development, construction planning, land-use planning and local housing development planning in every period.
Comply with regulations of law on housing; standards and quality of construction; conform to requirements pertaining to prevention of fire and explosion and response; satisfy requirements regarding architecture, landscape, hygiene, environment and safety during the construction progress and response to disaster and climate changes; save energy and land resources.
With respect to urban areas, the housing development shall conform to specific construction planning and the project. The residential construction project must satisfy requirements prescribed in Clause 1, 2 and 3 of this Article to ensure the allocation of population and gentrification. In special class, class 1, and class 2 urban areas, it is essential to develop apartment buildings and housing for lease.
With respect to rural, mountainous, border, or island areas, the housing development shall conform to rural population planning, new countryside planning, custom of every ethnic group, natural conditions of every region; in order to eliminate gradually shifting cultivation, nomadic, ensuring sustainable rural development; encourage housing development projects, multi-storey housing.

Article 15. Local housing development programs and plans

According to the Strategy to develop national housing, master plans for socio-economic development, land-use planning, urban planning, particular area planning, local planning for rural development approved, the People’s Committee of the province shall formulate programs for local housing development including urban areas and rural areas for 5-year period and 10-year period or longer, then they shall request that program to the People’s Councils of provinces to approve as prescribed in Article 169 of this Law.
According to the programs for local housing development approved as prescribed in Clause 1 of this Article, the People’s Committee of the province shall file and approve the annual or 5-year plan for housing development in the administrative divisions, including plans for commercial housing, social housing, official residence, housing subject to relocation, housing of household or individual, in which the plan for social housing development for lease must be clarified.

Article 16. Determination of land resources for housing development

When the urban planning, rural construction planning, planning for economic zone, industrial zone, processing and exporting zone, or hi-tech zone (hereinafter referred to as industrial zone), construction planning for higher education institutions, vocational training institutions, except for science research institutes, local public ethnic boarding schools (hereinafter referred to as research and training areas) are formulated and approved, the competent agency in charge of planning approval shall determine the area of residential land in the planning.
In the special class, class 1, class 2, or class 3 urban areas, the investors in commercial housing projects shall reserve a portion of residential land in the project whose infrastructure systems are constructed to build social housing as prescribed in regulations of the Government. In the remaining urban areas, the People’s Committee of the province shall reserve a portion of residential land in the project whose infrastructure systems are constructed to build social housing.

Article 17. Forms of housing development and residential construction projects

Forms of housing development include:
a) Development of housing in projects;
b) Development of housing of households or individuals.
Residential construction projects prescribed in this Law include:
a) Projects for building or renovating an independent housing or housing estate;
b) Projects for building residential area synchronized with technical and social infrastructure in the rural areas;
c) Projects for building urban areas or projects using multi-purpose land which have residential land plots;
d) Projects for building works for both residential and business purposes.

Article 18. Types of housing development and project-based housing construction

Types of housing development include:
a) Commercial housing development;
b) Social housing development;
c) Official residence development;
d) Housing serving the relocation development;
dd) Housing of household or individual development.
Types of project-based housing construction include:
a) Development of housing invested by real estate enterprises for lease, lease purchase, or sale;
b) Renovation and reconstruction of old housing areas and/or apartment buildings;
c) Development of housing serving the relocation;
d) Development of state-owned housing.

Article 19. Requirements pertaining to residential construction projects

Residential construction projects prescribed Clause 2 Article 17 of this Law shall comply with regulations of this Law.
A residential construction project may only be formulated, approved and implemented in the area which has the specific plan approved by the competent agency and comply with requirements prescribed in Article 14 of this Law.
The residential construction project and areas in the project must be named in Vietnamese; in case the investor in a commercial housing project wishes to have the project named in a foreign language, the full Vietnamese name shall be written first, then the foreign name. The names of the project and areas in the project must be permitted by the competent agency and they shall be used throughout the period of construction and operation.
The investor in the residential construction project must completely finish the approved project; in case the investor wishes to adjust the content of the project including name, schedule, types of housing, total floor area, total number of housing, rate of types of housing, and total investment regarding the project invested by state capital, that adjustments must be decided by the competent agency as prescribed in Article 170 of this Law before the construction is commenced.
The People’s Committee of the province must determine the list of residential construction projects in the administrative divisions including projects on construction of commercial housing, social housing, official residence, housing serving the relocation, then announce it on the website of them as follows:
a) Number of projects; total number of housing and total floor area of housing which is constructed annually in the residential construction projects in the province;
b) Essential contents of every residential construction project in the administrative divisions includes names, locations, scale, specific plans, schedule, types of housing, investment objectives, total floor area, total number of housing, forms of housing business and other related content prescribed in law on real estate trading;
c) The information about the projects prescribed in Point a and b of this Clause must be disclosed over the progress of the projects.

Article 20. Requirements pertaining to residential architecture

The residential architecture must conform to requirements pertaining to natural condition, disaster response, scientific and technical standards, historical and cultural traditions and specific planning for construction approved by the competent agency.
The residential architecture in an urban area must meet requirements pertaining to harmonious combination between renovation and new constructions, separate housing and overall architecture of the urban area, or urban design and regulations on management of urban architecture planning.
The residential architecture in a rural area must meet requirements pertaining to harmonious combination with natural landscape and custom, business condition of households and individuals and ethnic groups in every region.

Section 2. PROJECT-BASED COMMERCIAL HOUSING DEVELOPMENT
Article 21. Investors in commercial housing projects must:

Be enterprises or cooperatives established and operated under Vietnamese regulations of law.
Have sufficient legal capital as prescribed in law on real estate trading and have deposited capital for every project as prescribed in law on investment.
Be licensed for real estate trading as prescribed.

Article 22. Projects for commercial housing construction and investor selection

Projects for commercial housing construction must be formulated, accessed, approved and executed as prescribed in regulations of this Law and law on construction.
The investors in projects for commercial housing construction shall be selected through the following methods:
a) Holding land auction prescribed in law on land;
b) Inviting bids for land-using projects;
c) Appointing investors who meet all requirements prescribed in Article 21 of this Law or having lawful land use rights as prescribed in Clause 1 and Clause 4 of Article 23 of this Law.
The housing authorities of provinces shall report the selection of investors in the projects for commercial housing construction to the People’s Committee of the province for decision; in case the project is a large-scale projects and relates to multiple provinces as prescribed in regulations of the Government, the housing authority of each province shall report it to the competent agency prescribed in Clause 2 Article 170 of this Law before selecting the investors.

Article 23. Types of land use to conduct projects for commercial housing construction

Building commercial housing on lawful residential land plots.
Building commercial housing for lease, lease purchase, or sale on land plots allocated by the State.
Building commercial housing for lease on land plots leased out by the State.
Building commercial housing on land plots which are transferred as prescribed in law on land.

Article 24. Types of housing and standard areas of commercial housing

The investor shall decide types of housing, standard areas of every commercial housing provided that they conform to specific construction planning, standards of residential construction and architecture, and the approval for residential construction policies granted by the competent agency.
Apartments must have a closed designed and floor areas conformable with construction standards & regulations.
Separate housing must be built in accordance with construction planning, approved designs, and construction standards & regulations.

Article 25. Rights of investors in projects for commercial housing construction

Request related agencies to follow procedures for formulation, assessment, approval or implementation of the projects as prescribed.
Enter into agreements on housing lease, lease purchase or sale; mobilize capital, collect payments from agreements on housing lease, lease purchase or sale as prescribed in this Law, law on real estate trading and the signed agreement.
Exercise rights of land users and trade in products of the projects as prescribed in law on land and law on real estate trading.
Transfer part or all of the project as prescribed in law on real estate trading.
Manage; operate the technical infrastructure within the scope of the project in conformity with the approval of residential housing projects granted by the competent agency.
Request the competent agency to grant the Certificate of housing in the projects prescribed in Article 9 of this Law and law on land.
Benefit from incentive policies carried out by the State over the progress of the project as prescribed.
Exercise other rights as prescribed in regulations of this Law and relevant law provisions.

Article 26. Obligations of investors in projects for commercial housing construction

Exercise other rights as prescribed in regulations of this Law and relevant law provisions.
Make deposit to carry out the projects as prescribed in law on investment; pay guarantee for housing transactions as prescribed in law on real estate trading; ensure finance to carry out the projects as prescribed.
Build housing and technical and/or social infrastructural works according to the specific planning and approval of residential housing policies granted by the competent agency, satisfy standards of design, standard housing areas and rate of progress of the approved projects.
Reserve the land plots used for technical infrastructure in the projects for social housing as prescribed in law on housing.
Announce the information prescribed in Point b Clause 5 Article 19 of this Law on their websites and at the head offices of their project management board; send reports on implementation of the projects periodically and at the end of the progress of the projects as prescribed in law on housing and law on real estate trading.
Fulfill all commitments in the agreements on project trading, transfer of housing and related documents on housing transactions to clients; conduct transactions in housing sale, lease, or lease purchase and trading in land use rights as prescribed in law on real estate trading.
Apply for the Certificates of housing which are granted to the buyers or the lessees by the competent agency within 50 days, from the date on which the housing is transferred to the buyers or the lessees pay off the contractual total amount, unless the buyers or the lessees wish to apply for the Certificates themselves. In case the housing is built for lease, the investors must file and store documents on housing as prescribed in Article 76 and Article 77 of this Law.
Provide warranty on housing as prescribed in this Law and law on construction; fulfill financial obligations to the State as prescribed.
Abide by effective decisions on actions against violations against regulations on housing development, capital mobilization, advance payment of clients, housing transactions and other transactions prescribed in this Article made by the competent agencies
Pay compensation if the investor causes damage to clients or organizations, households or individuals involved in housing construction.

Section 3: OFFICIAL RESIDENCE DEVELOPMENT
Article 27: Official residences and plans for official residence development

The State shall allocate the budget, including central budget and local budget to build official residences or to buy or rent commercial housing for official residences. The official residences include central official residences and local official residences.
The official residences constructed or originated from commercial housing must conform to the plans for official residence development prescribed in Clause 3 of this Article; ensuring the official residence users the safety condition of work and convenience of living and traveling.
Plans for official residence development shall follow procedures below:
a) The central agencies shall determine their demands for official residences, then send them to the Ministry of Construction for assessment and formulate the plans for official residence development of the central agencies, then request the Prime Minister for approval, except for cases prescribed in Point b of this Clause;
b) The Ministry of National Defense and/or the Ministry of Public Security shall determine the demands and formulate the plans for official residences of entities prescribed in Point d Clause 1 Article 32 of this Law, then request the Prime Minister for approval after receiving the suggestion of the Ministry of Construction.
c) The People’s Committee of the province shall make and approve the plans for official residence development in the plan for local housing development as prescribed in Article 15 of this Law;
d) The agencies making plans prescribed in Point a, b and c of this Clause must clarify the demands for official residences including type of housing, floor area; location and area for housing construction, area of commercial housing used for official residences; capital resources and phasing of investment every year and every 5 years; determine responsibility of relevant agencies.
The Government shall provide guidance on construction, sale or lease of commercial housing for official residences, eligible entities, requirements for official residence lease and the management and use of official residences.

Article 28. Projects for official residence construction and investor selection

The project for official residence construction which includes new official residences and purchase of commercial housing shall be filed, accessed, approved and implemented as prescribed in this Law and law on construction.
Projects for official residence construction include:
a) Projects in which the investment is decided by the Prime Minister at the request of the Ministry of Construction leased out to central agencies, except for cases prescribed in Point b of this Clause;
b) Projects in which the investment is decided by the Ministry of National Defense and/or the Ministry of Public Security, after being discussed with the Ministry of Construction and approved by the Prime Minister leased out to entities prescribed in Point d Clause 1 Article 32 of this Law;
c) Projects in which the investment is decided by the People’s Committee of the province and at the request of agency of province in charge of housing allocated to entities subject to job rotation in local governments.

Regarding entities subject to job rotation in wards, districts, towns, province-affiliated cities and equivalent (hereinafter referred to as district) and entities prescribed in Point c, dd, e and g Clause 1 Article 32 of this Law, the People’s Committee of the province shall decide the investment of the project or authorize the People’s Committee of district to divide the investment of the project.

The investor in a project for official residence construction shall be selected as follows:
a) The Prime Minister shall select the investors in the project as prescribed in Point a Clause 1 of this Article at the request of the Ministry of Construction;
b) The Minister of National Defense and/or shall select the investor in the project as prescribed Point b Clause 2 of this Article;
a) The People’s Committee of the province shall select the investors in the project prescribed in Point c Clause 1 of this Article at the request of the housing authority of province.

Article 29. Land used for official residence construction

The area of land used for official residence construction shall be specifically determined in the construction planning approved by the competent agency as prescribed in Clause 1 Article 16 of this Law.
Regarding central official residences, the Ministry of Construction shall take charge and cooperate with the People’s Committee of the province in determination of area of land used for official residences in administrative divisions, except for cases prescribed in Clause 3 of this Article. The People’s Committee of the province shall allocate land plots for official residence construction at the request of the Ministry of Construction.
Regarding official residence allocated to entities prescribed in Point d Clause 1 Article 32 of this Law, the Ministry of National Defense and/or the Ministry of Public Security shall take charge and cooperate with the People’s Committee of the province in determination of area of land used for official residence construction.
Regarding local official residences, the People’s Committee of the province shall allocate land plots for official residence construction when filing and approving the planning prescribed in Clause 1 Article 16 of this Law.
The State shall not collect land levies on land plots used for official residence construction as prescribed this Article.

Article 30. Buying or renting commercial housing for official residences

Regarding any local government having commercial housing which is built under projects and conformable with type of housing and space housing standards prescribed in Article 31 of this Law, the competent agency prescribed in Clause 2 Article 38 of this Law may buy or rent that commercial housing for official residences.
The purchase of commercial housing for official residences must be made in project and approved by the competent agency prescribed in Clause 2 Article 28 of this Law.
The selling price of the commercial housing shall be decided by the person in charge of investment decision refer to market selling prices of housing and price appraisal of the appraising agency on the date on which the housing is sold.
In cases there are not enough official residences for lease, the competent agency prescribed in Clause 2 Article 28 of this Law shall decide to rent commercial housing for official residences.
The capital shall be provided by the central budget for buying or renting commercial housing for official residences which are allocated to entities of central agencies, including housing of the Ministry of National Defense and/or the Ministry of Public Security. The capital shall be provided by the local budget for buying or renting commercial housing for official residences which are allocated to entities of local agencies.

Article 31. Types of housing and housing area standards pertaining to official residences

The official residences include separate houses and apartments with different housing area standards in conformity with every entity entitled to rent the official residence.
The housing area standards pertaining to official residences shall be decided by the Prime Minister and adjusted in conformity with every period at the request of the Ministry of Construction.

Article 32. Eligible entities and requirements for renting official residences

The entities entitled to rent official residences include:
a) Senior officials of the Communist Party and/or the State entitled to rent the official residences over the duration in which they are on duty;
b) Officials and civil servants of bodies of the Communist Party, the State, socio-political organizations who are not entitled to rent official residences as prescribed in Point a of this Clause but they are subject to job rotation in the central agencies and holding at least Deputy Minister positions or equivalent; or subject to job rotation in the local agencies and holding at least President of the People’s Committee of district or Director of Service positions or equivalent;
c) Officials and civil servants of bodies of the Communist Party, the State, socio-political organizations who are not entitled to rent official residences as prescribed in Point b of this Clause but they are subject to job rotation in communes of remote areas or severely disadvantaged areas, border or island areas;
d) Officers or professional soldiers in People’s armed forces subject to job rotation as required by national defense and security, except for entities living in the barracks of the armed forces as prescribed in regulations of law;
dd) Teachers who are teaching in the rural areas, remote areas, severely disadvantaged areas, border or island areas;
e) Doctors, health workers who are working in the rural areas, remote areas, severely disadvantaged areas, border or island areas;
d) Scientists who are in charge of national science and technology projects prescribed in the Law on science and technology.
Requirements for renting official residences:
a) The official residences are allocated to entities prescribed in Point a Clause 1 of this Article as required by security;
b) The official residences shall be allocated to entities prescribed in Point b, c, d, dd, e, and Clause 1 of this Article if they have not any house under their ownership and have not purchased, rented or rented and purchased social housing in the administrative divisions where they are working; or they have houses under their ownership in the administrative divisions where they are working, but their floor area per capita in the households is lower than the minimum floor area regulated by the Government in every period and every area.

Article 33. Rules for determination of official residence rents

It is required to calculate accurately and sufficiently essential expenditures on management of operation and maintenance and management of the lease during the lease term of the official residence.
The land levies on official residence construction and depreciation expenses on capital invested in official residence construction or expenditures on buying commercial housing for official residence shall not be included.
The official residence rents shall be decided and adjusted in every period by the competent agency prescribed in Clause 2 Article 81 of this Law.
In case renting commercial housing for official residences, the lessee shall pay the rents which are lower than the commercial housing rents as prescribed in regulations of the Government.

Article 34. Rights and obligations of lessees of official residences

The lessee of a official residence has rights to:
a) Receive the official residence and equipment attached to the housing as agreed in the housing lease;
b) Use the official residence as housing for them or their family over the duration in which he/she is on duty;
c) Request the housing managing organization to repair promptly damages not caused themselves;
d) Keep concluding the agreement on official residence lease if the lease term expires but he/she still satisfies requirements for renting official residences as prescribed in this Law;
dd) Exercise other rights as prescribed in regulations of law and as specified in the agreement on official residence lease.
The lessee of a official residence has obligations to:
a) Use the official residence for residential purposes and daily needs of them or their families over the lease term;
b) Reserve the official residence and assets attached to; do not renovate, repair, or demolish the official residence without the consent of the lessor; or comply with regulations on management and use of apartment buildings if he/she lives in an apartment.
c) Do not sublet, lend official residences, or authorize the management of official residences;
d) Pay the contractual rents and pay other living expenses as regulated by the service provider;
dd) Return the official residence to the State when he/she is not entitled to rent the official residence, or does not wish to rent the official residence, or commit violations subject to housing withdrawal as prescribed in this Law within 90 days, from the date on which the notification of the agency in charge of management of official residence is received.
e) Implement the enforcement of a decision on housing withdrawal issued by the competent agency in case the housing is subject to withdrawal enforcement;
g) Fulfill other obligations as prescribed in regulations of law and as specified in the agreement on official residence lease.

Section 4: DEVELOPMENT OF HOUSING SERVING THE RELOCATION
Article 35. Rules for development of housing serving the relocation

Before implementing the plan for land withdrawal or land clearance to build other constructions in a special, class 1, or class 2 urban area, the State shall prepare housing sources according to project-based commercial housing or social housing serving the relocation, except for cases prescribed in Clause 4 Article 36 of this Law.
If the plan for land withdrawal or land clearance to build other constructions is implemented in the area other than areas prescribed in Clause 1 of this Article, but that area has project-based commercial housing or social housing serving the relocation, the State shall use that housing to serve the relocation; if that area has not any commercial housing or social housing, the State shall invest in housing construction serving the relocation before implementing the plan, except for cases prescribed in Clause 4 Article 36 of this Law.
If the plan for land withdrawal and land clearance is implemented to run projects for commercial housing construction, but the people subject to the land clearance wish to relocate on the same location, the investor must priorly reserve commercial housing in that project to serve the relocation.
If the plan for land withdrawal and land clearance is implemented to run projects for industrial park infrastructure but the people subject to the land clearance wish to relocate, the investor must build housing serving the relocation in the same area conformable with housing construction for workers working in industrial parks or allocate other housing to them.
The investment in housing construction serving the relocation must conform to the project; regarding rural areas, the projects for housing construction serving the relocation must include the allocation of land resources to serve production to the people subject to relocation.
The housing serving the relocation must be equipped sufficient technical and social infrastructure according to the approved specific construction planning, or design documents and in accordance with Article 14 of this Law.

Article 36. Arrangement for housing serving the relocation

Buying project-based commercial housing to lease, lease and sell, sell to the people subject to relocation.
Using project-based social housing to lease, lease and sell, sell to the people subject to relocation.
The State directly invests in housing construction by government budget, government bonds, Official Development Assistance, concessional loans from sponsors, credit capital of the State or invests in housing construction serving the relocation to lease, lease and sell, sell to the people subject to relocation according to type of Build-Transfer contracts on the proper land as prescribed.
The households or individuals shall be paid money to buy, rent, or rent and buy commercial housing in the administrative divisions as housing serving the relocation or allocated residential land plots by the State to build housing themselves according to the approved planning.

Article 37. Land used for housing construction serving the relocation

The allocation of residential land serving the relocation must comply with Article 35 of this Law and regulations of law on land.
The area of residential land serving the relocation shall be determined in the construction planning approved by the competent agency as prescribed in Clause 1 Article 16 of this Law.

Article 38. Projects for housing construction serving the relocation and investor selection

The project for housing construction serving the relocation shall be filed, accessed, approved and implemented as prescribed in this Law and law on construction.
The investor in housing construction project serving the relocation includes professional project management board in the People’s Committee of the province, Land development organization of province and real estate enterprises; the investors shall be selected as prescribed in Clause 3 and Clause of this Article.
Regarding the projects for housing construction serving the relocation using capital resources or in the form prescribed in Clause 3 Article 36 of this Law, the housing authority of province shall request the competent person to select the investors.
Regarding projects for housing construction serving the relocation not subject to Clause 3 Article 36 of this Law, the investors shall be selected as follows:
a) If the housing is built to serve the relocation for special projects of national significance, the Prime Minister shall decide whether to select the investors or authorize the Minister of Construction to select the investors;
b) If the housing is built to serve the relocation for projects not subject to Point a of this Clause, the People’s Committee of the province shall select the investors.

Article 39. Types of housing and housing area standards pertaining to housing serving the relocation

Regarding urban areas, the housing serving the relocation must meet the requirements below:
a) It is an apartment or separate house which is built in conformity with the specific construction planning and the approved plan for local housing development;
b) If it is an apartment, it must be designed or constructed self-contained style and in conformity with construction standards. When designing the housing serving the relocation, the investor may allocate a portion of area to run business in conformity with actual condition of every project;
c) If it is a separate house, it must be constructed according to the approved specific construction planning or design; conform rules for housing architecture prescribed in Article 20 of this Law and ensure the minimum land area as prescribed in law on land.
Regarding rural areas, the housing serving the relocation must meet requirements pertaining to floor area and auxiliary works attached to the housing serving daily needs or production, rules for housing architecture prescribed in Article 20 of this Law and minimum land area as prescribed in law on land.

Article 40. Quality management of housing serving the relocation

The housing and constructions in the project are only granted the acceptance if they meet requirements pertaining to construction design and standards. The investor may not change the design of floor area and auxiliary works (if any) to serve the relocation after the competent agency approving the plan for relocation.
The relocation is only implemented after the housing is granted acceptance as prescribed in law on construction.
The following organizations or individuals shall be responsible for the quality of the housing serving the relocation:
a) The investors in projects for housing construction serving the relocation;
b) The competent agencies acquiring competence in signing the Build – Transfer contract to build housing serving the relocation;
c) The investors in projects for commercial housing or social housing construction serving the relocation.
The housing authority of province must provide guidance and inspect the quality control of housing serving the relocation in the province.

Article 41. Buying commercial housing and using social housing to serve the relocation

Regarding the purchase of housing serving the relocation, the agency in charge of relocation shall conclude the sale agreement or orders for commercial housing sale with the investors
a) In case the agency in charge of relocation concludes an agreement on housing sale with the investor, the people subject to the relocation shall conclude agreements on housing sale, lease, lease purchase with that agency;
b) In case the agency in charge of relocation concludes the order for housing sale with the investor, the people subject to the relocation shall directly conclude agreements on housing sale with the investor according to the order;
c) The investor in commercial housing project must request the competent agency to grant Certificates to the buyers or the lessees prescribed in Point a and Point b of this Clause, unless the buyers or the lessees wish to apply for the Certificates themselves.
With regard to social housing serving the relocation, any entity subject to the relocation shall enter into agreements on social housing lease, lease purchase, or sale as prescribed in this Law.
The Government shall provide guidance on construction, purchase or use of commercial housing serving the relocation; types of housing and housing area standards; entities or requirements for the relocation; procedures for housing transfer and the management and use of housing serving the relocation.

Section 5: DEVELOPMENT OF HOUSING OF HOUSEHOLDS AND INDIVIDUALS
Article 42. Requirements pertaining to development of housing of households and individuals in rural areas

It is required to conform to planning for building community groups, connect to the technical infrastructure of residential areas and ensure the requirements relating to hygiene and environment.
The housing must be constructed or renovated in combination with the preservation of architecture of traditional housing and in conformity with custom and condition of each area or region.
The households and individuals are only entitled to build housing on their lawful pieces of residential land.
With regard to the construction of project-based housing, it must conform to the approved specific planning of the project. With regard to any area which is required the License for, the design documents must conform to the content of the License for construction or the approved design documents.
The People’s Committee of the province shall consider providing a portion of or entire funding from the budget to households and individuals preserving or renovating housing in the area which is required preserve its artistic, cultural, or historic value.

Article 43. Requirements pertaining to development of housing of households and individuals in urban areas

It is required to have lawful residential land use rights, have legitimate housing and the housing is renovated or rebuilt as prescribed in law on construction.
Any existing housing must be constructed or renovated in conformity with the specific planning for urban area construction and/or design. Any housing which is granted the License for construction must be built in conformity with the License for construction.
The construction of housing must connect to the technical infrastructure of residential areas and ensure the requirements relating to hygiene, environment, residential architecture and does not cause negative effects on other adjacent constructions.

Article 44. Land used for development of housing of households and individuals

Residential land under lawful ownership of households and individuals, or leased or lent from other households and individuals to build housing.
Residential land allocated by the State to build housing as prescribed in law on land.
Residential land allocated as compensation by the State in case of land withdrawal as prescribed in law on land.

Article 45. Methods of developing housing of households and individuals

The households and individuals in rural areas shall build housing under methods below
a) Build housing themselves, or hire other organizations or individuals to build housing, or enjoy the support for housing construction from other organizations or individuals;
b) Cooperate together in housing construction.
The households or individual in urban areas shall build housing under methods below
a) Build housing themselves, or hire other organizations or individuals to build housing, or enjoy the support for housing construction from other organizations or individuals ;<
b) Hire the organizations or individuals qualifying for housing construction as required by law on construction;
c) Cooperate in renovation and/or gentrification including housing.

Article 46. Requirements and quality of housing of households and individuals

The housing must be built on the piece of land satisfying requirements pertaining to the housing area standards as prescribed in law on land.
The households or individuals in urban areas shall build or renovate housing as prescribed in law on construction and take responsible for the housing quality.

In case the household or individual is permitted to build a multi-storey house whose each storey has two self-contained apartments or above satisfying minimum floor area standards, private areas and common areas in the apartment building as prescribed in this Law, each apartment shall be recognized the homeownership.

The useful life of the separate housing shall be determined according to the level of housing and actual condition of that housing.

If a house is seriously damaged, in danger of collapse leading to unsafe condition for the users, it must be demolished as prescribed in Section 4 Chapter VI of this Law.
Article 47. Responsibility of households and individuals in the housing development

Conform to procedures for renovation or construction of housing as prescribed in law on construction.
Comply with regulations on hygiene and environment over the housing renovation or construction progress.
Ensure the safety of people and assets of adjacent apartments over the housing construction or renovation progress; if they cause damages, they must pay compensation as prescribed.
If any household or individual invests in housing construction for lease, lease purchase, or sale, they must also comply with regulations in Chapter VIII of this Law.
Fulfill other responsibility when they renovate or construct housing as prescribed.

Article 48. Cooperation of households and individuals in housing construction and gentrification

The households and individuals shall cooperate in housing construction and gentrification including housing by the finance capacity, workforce, materials and effort of member in the cooperate group.
All members in the cooperate group shall enter into agreements on method of capital contribution, workforce, materials, duration of cooperation, rights and obligations of the members and their commitment to perform the agreement.

Chapter IV
POLICIES ON SOCIAL HOUSING
Section 1: GENERAL PROVISIONS
Article 49. Entities eligible for incentive policies on social housing
If the entities below satisfy requirements prescribed in Article 51 of this Law, they shall be eligible for incentive policies on social housing:

People with meritorious services to the Resolution prescribed in law on preferential treatment for people with meritorious services to the Resolution;
Households living in poverty or near poverty in rural areas;
Households that are often affected by natural disasters or climate changes in rural areas;
Individuals living in low income, poverty or near poverty in the urban areas;
Employees working in enterprises inside or outside the industrial zones;
Commissioned officers, professional and technical non-commissioned officers, standing army, and workers in the agencies of People’s Police and People’s Army;
Officials and civil servants prescribed in law on officials and civil servants;
Entities who have returned official residence as prescribed Clause 5 Article 81 of this Law;
Students of institutes, universities, colleges, vocational training institutions; students of the public ethnic boarding schools using social housing during their duration of study;
Households or individuals subject to land withdrawal and land clearance as prescribed without any compensation in form of housing or residential land paid by the State.

Article 50. Implementation of incentive policies on social housing

Lease, lease and purchase, or sell the social housing to entities prescribed in Clause 1, 4, 5, 6, 7, 8 and 10 Article 49 of this Law; or only lease the social housing to entity prescribed in Clause 9 Article 49 of this Law.
Support entities prescribed in Clause 1, 2 and 3 Article 49 of this Law in construction or renovation of housing according to the target programs for housing.
Allocate residential land with reduction or exemption from land levies or gift housing to the entities prescribed in Clause 1, 2 and 3 Article 49 of this Law as prescribed in law on land or housing gifting.
Grant preferential loans given by the State for entities prescribed in Clause 1, 4, 5, 6 and 7 Article 49 of this Law though social policy banks or credit institutions appointed by the State to build or renovate their housing.

Article 51. Requirements for eligibility for incentive policies on social housing

The entities eligible for the policies as prescribed in Clause 1 Article 50 of this Law shall satisfy the requirements pertaining to housing, residence, and income as follow:
a) They have not had any house under their homeownership, have not concluded any agreements on social housing purchase, lease, or lease purchase, have not benefited from any policy on housing or residential land support in any shape or form at the places where they live, study, or have houses under their homeownership, but the floor space per capita in the household is lower than the minimum space standard regulated by the Government in every period and every area;
b) They are required to register permanent residence in the province where the social housing is located; if not, they are required to register temporary residence in that province for at least one year, except for cases prescribed in Clause 9 Article 49 of this Law; <0
c) With respect to entities prescribed in Clause 4, 5, 6 and 7 Article 49 of this Law, they are required to be not subject to regular income tax as prescribed in law on personal income tax; with respect to households living in poverty and near poverty, they must be subject to the households living in poverty and near poverty as prescribed in regulations of the Prime Minister. With respect to entities prescribed in Clause 1, 8, 9 and 10 Article 49 of this Law, they are not required to satisfy requirements pertaining to income as prescribed in this Point.
The entities eligible for the policies as prescribed in Clause 2 and Clause 3 Article 50 of this Law must conform to approval for target programs for housing granted by the competent agency.
Any entity eligible for the policies as prescribed in Clause 4 Article 50 of this Law shall satisfy the requirements pertaining to housing, residence, and income as follows:
a) They have residential land without housing, or they have housing but it is damaged or dilapidated;
b) They have registered permanent residence in the place where their residential land or housing required construction or renovation is located.

Article 52. Rules for the implementation of incentive policies on social housing

The policy on social housing support must follow the rules below:
a) There is a combination between the State, communities, relatives and beneficiaries of the policies during the implementation of the policy;
c) The policy must be publicized and transparent, under close inspection of the competent agency and communities;
c) The policy only applies to entities meeting all requirements as prescribed;
d) In case an entity benefits from more than one policy, he/she shall only benefit from the best policy; in case there are many entities meeting the same requirements, the disabled or women shall be given priority;
dd) In case a household has more than one entity benefiting from the policies, there is only one policy applying to that household.
The People’s Committee of the province shall implement and inspect the policies on social housing in the province.

Section 2. POLICIES ON DEVELOPMENT AND MANAGEMENT OF SOCIAL HOUSING FOR LEASE, LEASE PURCHASE, OR SALE
Article 53. Forms of social housing development

The State invests in social housing construction using government budget, national bonds, bonds, Official Development Assistance, concessional loans given by the sponsors, credit capital for development or invests in social housing construction for lease or lease purchase according to the Build-Transfer contracts on the proper land as prescribed.
The enterprises or cooperatives invest in social housing construction for lease, lease purchase or sale; or buy or rent housing for their workers’ accommodation though lease contracts and receive the State’s incentives prescribed in Clause 1 Article 58 and 59 of this Law.
The households or individuals invest in social housing construction on their lawful residential land for lease, lease purchase or sale and receive the State’s incentives prescribed in Article 58 of this Law.

Article 54. Requirements pertaining to projects for social housing construction

Conform to requirements prescribed in Article 19 of this Law; regarding the social housing construction which is not approved in the plans for housing development, the People’s Committee of the province shall consult the People’s Councils of province before granting the approval for the housing construction project.
The People’s Committee of the province shall reserve a private area to set up a project for social housing construction for lease.
With regard to a project for social housing construction which is not in the area required to set up private project for social housing construction for lease prescribed in Clause 2 of this Article, the investor shall reserve at least 20% of area of social housing in the project for lease; the investor is eligible for incentives for housing construction for lease as prescribed in Clause 1 Article 58 of this Law equivalent to such 20% of area and entitled to sell this house to the lessees as prescribed in regulations on social housing sale after 5-year-lease term.
The projects for social housing construction must be managed their quality and standard areas, rents, lease-purchase prices, selling prices, and the approval of entities eligible for housing lease, lease purchase, or sale.

Article 55. Requirements regarding types of housing and housing area standards of social housing

They are apartment buildings or separate houses in conformity with the specific planning for construction approved by the competent agency.
With respect to separate houses, they must be designed and built according to standards of construction and housing area standards of social housing.
With respect to apartment buildings, they must be designed and built in self-contained style, and in conformity with standards of construction and housing area standards of social housing.

Article 56. Land used for social housing construction

When approving an planning for urban area construction, a planning for rural area construction, or a planning for industrial zone and/or training research zone construction, the People’s Committee in charge of planning approval shall determine the area of pieces of land used for social housing construction.
The area of land and information about location used for social housing development shall be announced on the website of the People’s Committee of the province and the housing authority of province.
Land used for social housing development includes:
a) Land allocated by the State for housing construction for lease, lease purchase and/or sale;
b) Land leased by the State for housing construction for lease;
c) The area of residential land in the projects for commercial housing construction which is reserved for social housing as prescribed in Clause 2 Article 16 of this Law;
d) Lawful residential land of organizations, households and/or individuals used for social housing construction.

Article 57. Investors in projects for commercial housing construction

With respect to the social housing invested by capital resources prescribed in Clause 1 Article 53 of this Law, the competent persons in charge of investment approval shall select the investor(s) according to the report sent by the Ministry of Construction regarding central investment-related capital or sent by the housing authority of province regarding local investment-related capital.
With respect to social housing not invested by capital resources prescribed in Clause 1 Article 53 of this Law, the People’s Committee of the province shall select the investor(s) according to the report sent by the housing authority of province as follows:
a) With respect to the social housing which is constructed on the piece of land allocated or leased by the State, if there are more than one investors registering for being the investor(s), they shall be selected through inviting bids; if there is only one investor registering for being the investor, he/she shall be appointed.
b) With respect to the social housing which is constructed on the piece of land resaved in a project for commercial housing construction as prescribed Clause 2 Article 16 of this Law, the investor in that project shall be appointed as the investor in the project for social housing construction, unless the State allocates such piece of land to other organization for social housing construction;
c) In case any enterprise or cooperative has lawful piece of land in conformity with the planning for housing construction, meets all requirement for being the investor and wishes to build social housing, such enterprise or cooperative shall be assigned as the investor in the project for social housing construction;
d) In case the social housing is constructed to provide accommodation for workers in a industrial park, any enterprise providing infrastructure services, manufacturing enterprise, or real estate enterprise shall be assigned as the investor in the project by the State.
Any household or individual is entitled to build social housing on their lawful piece of residential land.
The investor(s) prescribed in Clause 1, 2 and 3 of this Article shall be in charge of social housing construction as prescribed.

Article 58. Incentives for the investors in social housing projects

The enterprise or cooperative investing in social housing construction for lease, lease purchase and/or sale without using capital resources prescribed in Clause 1 Article 53 of this Law shall be provided with the incentives as follows:
a) Exemption from land levies and/or land rents on the piece of land allocated or leased for social housing construction by the State;
b) Exemption and/or reduction in VAT and/or corporate income tax in accordance with regulations of law on taxation; or qualify for reduction in VAT and/or corporate income tax regarding the social housing construction for lease much more than the social housing construction for lease purchase or sale ;
c) Concessional loans granted by a bank for social policies or a credit institution operating in Vietnam; preferential loans regarding the social housing construction for lease with lower interest rate and longer terms in loan agreement than the social housing construction for lease purchase or sale;
d) Qualify for entire or a portion of funding for technical infrastructure construction within the scope of the project for social housing construction provided by the People’s Committee of the province; or qualify for the entire funding regarding the social housing construction for lease;
dd) Other preferential policies prescribed in regulations of law.
The household or individual investing in social housing construction for lease, lease purchase or sale shall be provided with incentives prescribed in Clause 1 of this Article if they meet all requirements below:
a) Their housing is constructed in conformity with the construction planning approved by the competent agency and enable connected to the infrastructure of a residential area;
b) Their housing meets all requirements regarding standards of construction and housing area standards housing area standards of social housing;
c) Their housing’s selling price, rent, or lease purchase price is determined according to the price bracket issued by the People’s Committee of the province where the housing is located.

Article 59. Incentives for organizations providing accommodation for their employees

In case an industrial enterprise or cooperative buys or rents housing to provide accommodation for their employees without collecting the rents, or collecting the rents but such rents are not larger than social housing rents charged/fixed by the People’s Committee of the province, their expenditures on housing purchase or rent shall be considered as proper cost and included in their production costs when calculating corporate income tax.
In case an industrial enterprise or cooperative builds housing to provide accommodation for their employees without collecting the rents, or collecting the rents but such rents are not larger than social housing rents issued by the People’s Committee of the province, they shall be both eligible for the incentives prescribed in Clause 1 Article 58 of this Law and their expenditures on housing construction shall be included to the production costs when calculating corporate income tax.

Article 60. Determination of the rents and lease purchase prices of social housing invested by the State
The rents or lease purchase prices of the social housing invested by the State using capital resources prescribed in Clause 1 Article 53 of this Law shall be determined as follows:

Regarding the housing under lease agreements, the rents shall comprise expenditures on housing maintenance; capital recovery costs for at least 20-year payback period, from the day on which the lease agreement is signed; regarding the housing leased out to students, the rents shall only comprise expenditures on administration and maintenance, exclusive of the capital recovery costs;
Regarding the housing under lease purchase agreement, the lease purchase prices shall comprise the capital recovery costs for at least 5-year payback period, from the day on which the lease purchase agreement is signed;
The land levies and/or land rents on the piece of land used for social housing construction shall be exempted;
The competent agency prescribed in Clause 2 Article 81 of this Law shall promulgate the rents and lease purchase prices of social housing.

Article 61. Determination of the rents and lease purchase prices of social housing not invested by the State

Regarding the social housing which is constructed not using capital resources prescribed in Clause 1 Article 53 of this Law, their rents, lease purchase prices, or selling prices shall be determined as follows:
a) The rents shall comprise the expenditures on housing maintenance; capital recovery cost, interests (if any), or profit quotas prescribed in regulations of the Government, exclusive of incentives provided by the State prescribed in Clause 1 Article 58 of this Law;
b) The rents or lease purchase prices shall be determined as prescribed in Point a of this Clause, exclusive of expenditures on housing maintenance paid by the lessees as prescribed in Clause 1 Article 108 of this Law;
c) The selling prices shall be determined by the investor to cover the expenses, loan interest (if any), and generate profits within the limits prescribed in regulations of the Government, exclusive of incentives provided by the State as prescribed Clause 1 Article 58 of this Law;
d) The investor shall build the social housing, then request the People’s Committee of the province where the social housing is located to carry out the appraisal of housing rents, lease purchase prices, or selling prices to before they are announced.
Regarding the social housing constructed by households or individuals, the investor shall determined the rents, lease purchase prices, or selling prices themselves in accordance with Point c Clause 2 Article 58 of this Law.

Article 62. Rules for social housing lease, lease purchase or sale

The social housing lease, lease purchase or sale must comply with regulations of this Law, each entity prescribed in Clause 1 Article 50 of this Law may not rent, rent and buy, or buy more than one social house concurrently; the students of public ethnic boarding schools shall be exempted from housing rents and service charges during their duration of study.
The term of a social housing lease agreement is at least 05 years; the minimum term for lease purchase payment for social housing is 05 years from the date on which the lease purchase agreement is signed.
The lessee under an agreement on social housing lease or lease purchase may not sell, sublet, or lend that house during the term of the agreement; if he/she no longer wishes to rent, or rent and buy that house, the agreement shall be terminated and that house shall be returned.
The buyer under the agreement on social housing lease purchase or sale may not resell the house within at least 05 years, from the date on which the total amount is paid off, except for the management unit of that social housing or entities entitled to buy that social housing if the management unit does not buy the house at the selling price of the same social housing in the same location, at the same time. Income from this transaction is exempted from personal income tax.
After 05 years from the date on which the total housing amount is paid off and the Certificate is granted, the buyer may resell their house according to market mechanism provided that they have paid land levies as prescribed in regulations of the Government and income tax as prescribed in law on taxation as required; if they resell to the entities entitled to buy social housing as prescribed of this Law, the maximum selling price must equal the selling price of the same social housing in the same location, the same selling time and that housing is exempted from personal income tax.

If the buyer or the lessee who is subject to the relocation may resell the house(s) according to market mechanism after they have paid off the total amount and have granted the Certificate provided that they have paid land levies as prescribed in regulations of the Government and income tax as prescribed in law on taxation as required.

Any transactions in social housing lease, lease purchase, or sale do not comply with regulations of this Law, the agreement on housing lease, lease purchase, or sale shall be invalidated and the lessee or the buyer must return the house to the agency in charge of social housing; if they do not return the house, the People’s Committee of the province where the house is located shall enforce the withdrawal of that house.

The housing rents or prices shall comply with regulations of law on civil; the lease purchase prices of social housing shall comply with Article 135 of this Law.
Article 63. Social housing sale, lease or lease purchase

The investor in the project for social housing construction may decide whether to sell, or lease and sell off-the-plan housing or sell existing housing.
The transactions in sale or lease purchase of off-the-plan social housing must meet requirements below:
a) There are dossiers on residential construction project; there are approved housing technical design and license for construction if applicable;
b) In the residential area for sale or lease purchase, the foundation of the house has been completed as prescribed in law on construction, the system of roads, water supply and drainage, electricity has been completed in conformity with the approved specific planning for construction, design documents and rate of progress; the mortgage on the house (if any) has been paid off, unless otherwise agreed by the buyer/lessee and the lender;
c) The housing authority of province has issued the notification of housing conformable to sale, except for social housing invested by the State using capital resources prescribed in Clause 1 Article 53 of this Law.
The transactions in lease, sale or lease purchase of existing social housing must meet requirements below:
a) In the residential area for lease, lease purchase, or sale, the technical and social infrastructure has been completed in conformity with the approved specific planning for construction, design documents and rate of progress; the mortgage on the house (if any) has been paid off, unless otherwise agreed by the buyer/lessee and the lender;
b) The housing authority of province has issued the notification of housing conformable to sale, lease, or lease purchase, except for social housing invested by the State using capital resources prescribed in Clause 1 Article 53 of this Law.
c) The housing satisfies requirements prescribed in Point b and Point c Clause 1 Article 118 of this Law.
The invest may not conclude any agreement on off-the-plan social housing lease; regarding the housing satisfying requirements prescribed in Point a and Point b Clause 2 of this Article, the investor may only conclude an agreement on deposit and collect the lease deposit for not exceeding 12 months of provisional housing rents; the agreement on deposit must comply with requirements pertaining to entities and social housing lease as prescribed in this Law. If the house satisfies all requirements as prescribed in Clause 3 of this Article, the investor is entitled to conclude the agreement on housing lease with the contractual party of the agreement on deposit.
The advance paid by the social housing buyer prescribed in this Article shall conform to agreement on housing sale, approved floor space completed of the residential building and rate of progress provided that the total amount of advance paid by the buyer does not exceed 70% of the house’s value which is determined before it is transferred and does not exceed 95% of the house’s value before the buyer is granted the Certificate.
The Government shall provide guidance on proven documents on entities and requirements for benefiting from policies on social housing; building or buying commercial housing for using social housing; type of housing and social housing area standards; the tax reduction and loan capital incentives given to social housing for lease; the lease, lease purchase, sale and management of social housing,

Article 64. Management and use of social housing

With respect to social housing invested by capital resources prescribed in Clause 1 Article 53 of this Law; if there is only one housing-managing organization, it shall be appointed by the agency in charge of social housing; if there is more than one organization registering, the housing-managing organization shall be selected through the inviting bids.
Regarding social housing built not by capital resources prescribed in Clause 1 Article 53 of this Law, the management of housing shall be carried out as follows:
a) With respect to social housing for lease, the investor shall manage themselves, or hire or entrust a housing-managing organization as prescribed in this Law to the management of that house;
b) With respect to social housing for lease purchase, the investor shall manage the house as prescribed in Point a of this Clause; after the lessee has paid off the total amount to the investor, the housing shall be managed as prescribed in Point c of this Clause;
c) With respect to social housing for sale, the buyer shall manage the house themselves regarding separate housing; or comply with regulations on management of apartment buildings as prescribed in this Law.
The management of housing shall be provided preferential treatment similarly to public services.
The social housing-managing organization is entitled to provide other services not banned from regulations of law in the social housing area in order to reduce the fees of housing management service.

Section 3. POLICIES ON SOCIAL HOUSING APPLIED TO HOUSEHOLDS OR INDIVIDUALS BUILDING OR RENOVATING THEIR HOUSING
Article 65. Policies on social housing applied to households or individuals building or renovating their housing

The State shall support households or individuals prescribed in Clause 1, 2 and 3 Article 49 of this Law in housing construction, renovation, or repair according to the target programs for housing.
Policies on housing support applicable to entities prescribed in Clause 1 of this Article shall be carried out as follows:
a) Support in a portion of capital provided by government budget;
b) Support in preferential loans provided by banks for social policies;
c) Support in infrastructure construction in the residential areas of rural areas;
d) Support in residential land allocation with land levy exemption or reduction as prescribed in law on land applicable to entities having no residential land;
dd) Support in housing gifting applicable to entities who are unable to renovate or repair the house although they have received support as prescribed in Point a and Point b of this Clause.
The State shall support households or individuals prescribed in Clause 1, 4, 5, 6 and 7 Article 49 of this Law in housing construction, renovation, or repair according to preferential loans granted by banks for social policies, credit institutions which are appointed by the State.

Article 66. Implementation of policies on housing support applied to households or individuals building or renovating their housing

The households or individuals build, renovate, or repair housing themselves.
The State shall build or renovate housing applicable to the disabled, the solitary who is unable to build or renovate housing themselves.

Chapter V
FINANCE FOR HOUSING DEVELOPMENT
Article 67. Capital resources for housing development

Capital of organizations, households or individuals.
Loans granted by banks for social policies, credit institutions, or financial institutions running businesses in Vietnam.
The advance payment of housing sale, lease purchase, or lease as prescribed in this Law.
Capital resources mobilized by capital contribution, investment cooperation, business cooperation, joint business, association of organizations or individuals.
Capital granted by the State, including central capital and local capital, which is granted to support beneficiaries of social policies in housing according to the target programs for housing and social housing construction for lease or lease purchase.
Foreign-related capital and other lawful capital resources.

Article 68. Rules for capital mobilization for housing development

The method of capital mobilization must comply with each type of housing as prescribed in this Law. Any capital source is mobilized not in accordance with requirements pertaining to type of housing as prescribed in law on housing shall be invalidated.
Any organization or individual must satisfy requirements pertaining to capital mobilization as prescribed in law on housing.
Ensure publicity and transparency; protect lawful rights and interests of organizations or individuals invested in housing development.
The organization or individual must use that capital for proper purposes, and may not use it for other projects or improper purposes.
The capital invested in housing development and implementation of policies on social housing shall be managed as prescribed in this Law, relevant law provisions and agreement of contracting parties.
The Government shall provide guidance on capital mobilization, content, requirements, and methods of capital mobilization for housing development.

Article 69. Capital resources for commercial housing development

Capital resources under ownership of the investor.
Capital resources mobilized through methods of capital contribution, investment cooperation, business cooperation, joint business, association of organizations or individuals.
The advance payment according to agreements on off-the-plan housing sale, lease, or lease purchase. 4. Loans granted by credit institutions, or financial institutions running businesses in Vietnam.

Article 70. Capital resources for implementation of policies on social housing

Capital of investors or capital mobilized through methods of capital contribution, investment cooperation, business cooperation, joint business, association of organizations or individuals.
Capital of beneficiaries of policies on social housing.
Investment capital of the State prescribed in Clause 1 Article 53 of this Law.
Capital provided directly to beneficiaries of policies on social housing by the State; capital provided through concessional loans by bank for social policies or the credit institutions which are appointed by the State.
Capital from Funds and other lawful capital resources.

Article 71. Capital resources for official residence development

Government budget capital includes central budget and local budget.
Other capital resources as prescribed.

Article 72. Capital resources for housing development serving the relocation

Capital of investors or capital resources mobilized through capital contribution, investment cooperation, business cooperation, joint business, association of organizations or individuals.
Investment capital of the State prescribed in Clause 3 Article 36 of this Law.
Capital from Land development funds.
Capital from compensation for relocation when the land clearance is conducted as prescribed.
Capital mobilized from other lawful capital resources.

Article 73. Capital resources for development of housing of households or individuals

Capital of households or individuals.
Cooperated capital between households and individuals; capital from support of relatives and community.
Loans granted by credit institutions, or financial institutions running businesses in Vietnam.
Capital provided for beneficiaries of policies on housing support prescribed in Article 65 of this Law by the State.
Other lawful capital resources.

Article 74. Preferential loans granted by banks for social policies for social housing development

The State shall grant preferential loans with low interests and long term through funding provided for banks for social policies in order to implement the target programs for housing and social housing construction.
The bank for social policies may mobilize saving deposits from domestic households and individuals, who wish to buy, rent and buy social housing, then grant loans with preferential interests and long term after a certain period in which the saving accounts are deposited.
The bank for social policies must manage and use the capital resources for proper purposes as prescribed in Clause 1 and Clause 2 of this Article.
The Ministry of Construction and the Ministry of Labor, War Invalids and Social Affairs are responsible for management of capital resources and use of capital resources as prescribed in Clause 1 and Clause 2 of this Article.
The Government shall provide guidance on this Article.

Chapter VI
MANAGEMENT AND USE OF HOUSING
Section 1. GENERAL MANAGEMENT AND USE OF HOUSING
Article 75. Content of management and use of housing

Compiling, archiving and management of documents on housing.
Home insurance.
Management and use of housing possessing art, culture and/or history value.
Management and use of state-owned housing.
Housing warranty, maintenance, renovation, or demolition.

Article 76. Dossiers on housing

The homeowner, or the occupiers if it is unable to determine the homeowner, or the agency in charge of state-owned housing, shall compile and store the dossiers on housing as prescribed in Clause 2 of this Article and Article 77 of this Law.
The dossier on housing shall include:
a) Regarding housing in rural and urban areas occupying before July 1, 2006, the dossier shall include the proven documents on lawful housing or declarations about housing as prescribed in law on housing;
b) Regarding housing in urban areas occupying from July 1, 2006, the dossier on housing shall include proven documents on lawful housing; documents on consulting organizations, construction organizations, design drawings, floor plan, site plan, as-built dossiers prescribed in law on construction (if any);
c) Regarding housing in rural areas occupying before July 1, 2006, the housing dossiers shall include documents on lawful housing and floor plan, site plan (if any);
d) Regarding projected-base housing construction, the dossier shall include documents on residential construction project and as-built dossiers as prescribed.

Article 77. Archiving and management of documents on housing.

Responsibility of organizations or individuals for archiving of housing dossier:
a) The homeowner, or occupiers incase it is unable to determine the homeowner or management unit of state-owned house management, shall be responsible for archiving of housing dossier;
b) The housing authorities of districts shall archive housing dossiers of Vietnamese households or individuals, overseas Vietnamese in the district;
c) The housing authorities of provinces shall archive housing dossiers of Vietnamese organizations, foreign organizations, foreign individuals and projects for housing construction in the province.
When granting the Certificate, the competent agency shall provide information about housing prescribed in Clause 2 Article 76 of this Law to the housing authority at the same level to compile the housing dossiers.

The People’s Committee of the province shall promulgate regulations on cooperation of information exchange in housing between the competent agency in charge of Certificate issuance and the local housing authority in order to ensure the unanimity of information about housing or residential land stated in the housing dossier.
Article 78. Home insurance.

The State encourages the homeowners to buy home insurance. With respect to any house in the list of facilities in danger of the fire prescribed in law on fire safety, its homeowner is required to buy compulsory fire and explosion insurance.
Forms, premium rates, and terms of home insurance shall comply with law on insurance business and law on fire safety.

Article 79. Management and use of housing possessing art, culture and/or history value.

The housing possessing art, culture and/or history value including old villas regardless of forms of homeownership shall be determined as follows:
a) Any house which is ranked as a national or provincial cultural and historical monument by the competent agency;
b) Any house which is not subject to Point a of this Clause but it is in the list approved by the People’s Committee of the province at the request of the competent agency prescribed in Clause 2 of this Article.
The People’s Committee of the province shall set up a council including representatives of agencies of the province in charge of architectures, construction and/or culture, professional partnership and related scientists to determine criteria and list of housing possessing art, cultural, and/or historical value in the province for approval.
The management and use of housing prescribed in Clause 1 of this Article shall comply with regulations of this Law and law on cultural heritage; regarding state-owned houses, they must also comply with Section 2 of this Chapter.
Funding for management, maintenance, reservation, and/or renovation of housing prescribed in Point a Clause 1 of this Article and state-owned houses allocated by the government budget.

With respect to housing prescribed in Point b Clause 1 of this Article, except for state-owned houses and according to condition of the province, the People’s Committee of the province shall decide to provide a portion or entire funding in order for the homeowner to manage, reserve, maintain or renovate that houses.
Section 2. MANAGEMENT AND USE OF STATE-OWNED HOUSES
Article 80. Types of state-owned houses

Official residences which are constructed by the State, or bought by government budget, or established under ownership of the State as prescribed.
Houses subject to the relocation which are invested by the State using the capital resources prescribed in Clause 3 Article 36 of this Law.
Social houses which are invested by the State using the capital resources prescribed in Clause 1 Article 53 of this Law.
Old houses which are invested by government budget or government budget-related capital or established under ownership of the State and leased out to households or individuals as prescribed in law on housing.

Article 81. Management and use of state-owned housing

The state-owned houses must be used for proper purposes, efficiently, avoid losses and waste; the housing sale, lease, lease purchase and/or withdrawal and management or use of state-owned housing must comply with regulations of this Law.
The following agencies shall be the representatives of the homeowners and in charge of management of state-owned houses:
a) The Ministry of Construction shall manage official residences and/or social housing which are invested by central budget; the Ministry of National Defense and/or the Ministry of Public Security shall manage the housing invested by the Ministry of National Defense and/or the Ministry of Public Security;
b) The People’s Committee of the province shall be in charge of the housing invested by local budget and/or in the province.
The management of state-owned housing shall be conducted by any enterprise or cooperative in charge of housing management, and they shall enjoy preferential treatment similarly to public services. The state-owned housing managing-organization shall be selected by the competent agency prescribed in Clause 2 of this Article.
The official residence is only used for lease, the social housing is only used for lease, or lease purchase; in case the lessee no longer wishes to use or move to other places without subject to demolition or reconstruction of other social housing, the Ministry of Construction shall assess the conversion of form of the housing and manage the housing lease or sale as prescribed in this Law, then request the Prime Minister for approval.
Any lessee of an official residence who is not entitled to rent official residence, or move to another place, or commit violations against regulations on management and use of housing leading to housing withdrawal shall return the official resident to the State as prescribed.

If the aforesaid lessee is not subject to housing withdrawal due to violations against regulations prescribed in Point a, e and h Clause 1 Article 84 of this Law and has not had any house, the superior agency of the lessee shall cooperate with the People’s Committee of the province in leasing, leasing and selling, or selling social housing or allocating residential land to the lessee according to actual condition after he/she returns the official residence.

The Government shall provide guidance on state-owned housing lease, lease purchase, sale, exemption or reduction in housing rents, and management and use of state-owned housing.

Article 82. Entities eligible for state-owned housing lease, lease purchase or sale

Entities eligible for state-owned housing lease, lease purchase or sale:
a) The entity prescribed in Clause 1 Article 32 and Clause 9 Article 49 of this Law may only enter into housing lease agreement;
b) The entity prescribed in Clause 1, 4, 5, 6, 7, 8 and 10 Article 49 of this Law may enter into social housing lease or lease purchase agreement;
c) The entity prescribed in Clause 10 Article 49 of this Law may enter into housing lease, or lease purchase for relocation if he/she has not entered into any social housing lease or lease purchase agreement;
d) The entity using old housing prescribed in Clause 4 Article 80 of this Law may enter into housing lease or sale agreement.
Requirements for state-owned housing lease, lease purchase or sale:
a) The entity entitled to rent official residence must meet requirements prescribed in Clause 2 Article 32 of this Law;
b) The entity entitled to enter into social housing lease or lease purchase agreement must meet requirements prescribed in Clause 1 Article 51 of this Law; if he/she is the entity prescribed in Clause 10 Article 49 of this Law, he/she also has not been allocated housing or residential land subject to relocation;
c) The entity entitled to enter into housing lease, lease purchase or sale agreement for relocation must obtain the decision on entities subject to land withdrawal and/or housing clearance made by the competent agency and have not entered any such type of agreement;
d) The entity entitled to rent or buy the old house must live in that house actually or wish to rent or buy that house.

Article 83. State-owned housing lease, lease purchase or sale

The state-owned housing lease, lease purchase or sale must ensure the publicity and transparency; apart from requirements prescribed in Article 82, Article 84 and regulations on housing sale, lease, or lease purchase in the Chapter VIII of this Law, the following regulations must be followed:
a) The official residence lease must comply with prescribed in Article 33 of this Law;
b) The housing lease, lease purchase or sale for relocation must comply with prescribed in Article 35 and Article 41 of this Law;
c) The social housing lease, lease purchase or sale must comply with prescribed in Article 62 and Article 63 of this Law;
d) Regarding old housing lease or sale, that house has not been filed a lawsuit, or dispute over housing use rights and subject to lease or sale as prescribed in law on housing.
The agreement on housing lease, lease purchase or sale must comply with prescribed in Article 121 of this Law; The agreement shall be concluded as follows:
a) Regarding social housing sale or lease purchase, or old housing sale, the agreement shall be concluded between the buyer or the lessee and the housing authority;
b) Regarding housing lease, lease purchase or sale for the relocation, the agreement shall be concluded between entities subject to relocation and agency in charge of relocation;
c) Regarding housing lease including old housing lease, official residence lease, or social housing lease, the agreement shall be concluded between the lessee and housing authority or housing authority management.

Article 84. State-owned house withdrawal

A state-owned house shall be withdrawn in the one of cases below:
a) The transaction in housing sale, lease, or lease purchase is conducted ultra vires, uneligible entities, or failed to meet requirements as prescribed in this Law;
b) The lease agreement expires but the lessee no longer wishes to rent or both contractual parties agree to terminate the housing lease or lease purchase agreement;
c) The lessee returns the house under housing lease or lease purchase agreement;
d) The lessee no longer entitled to rent housing as prescribed in this Law;
dd) The lessee dies or has been declared as missing by the Court but he/she has nobody living together; or the lessee who is entitled to rent the official residence dies or has been declared as missing by the Court;
e) The lessee has not paid the rent for 3 months or more without good reasons.
g) The housing for lease or lease purchase is subject to demolition for renovation or reconstruction according to the decision of the competent agency;
h) The lessee does not use the house for proper purposes as agreed in the housing lease agreement or he/she exchanges, sells, sublets or lends the house, or expands, renovates, or demolishes the house himself/herself without the consent of the homeowner.
The lessee of the house subject to housing withdrawal as prescribed in Clause 1 of this Article shall return the house to the housing authority; if not, the agency representing the homeowner shall enforce the housing withdrawal; the People’s Committee of the province shall enforce that house within 30 days, from the date on which the enforcement decision on housing withdrawal is issued.

Section 3. HOUSING WARRANTY, MAINTENANCE AND RENOVATION
Article 85. Housing warranty

Any organization or individual building the house must give housing warranty as prescribed in law on construction; any organization or individual provides housing equipment must give equipment warranty according to the term recommended by the producer.

Regarding housing for sale or lease purchase, the seller or the lessor must give housing warranty as prescribed in Clause 2 and Clause 3 of this Article. The seller or the lessor is entitled to request the builder or the equipment provider to give warranty as prescribed.

The house shall be given warranty from the date on which the construction has been completed and the house is permitted to put into operation with the warranty period below:
a) At least 60 months regarding apartment buildings;
b) At least 24 months regarding separate housing.
The housing warranty shall include repair of frames, columns, beams, floors, walls, ceilings, roofs, terraces, stairways, paneled sections, paving, plastering, fuel supply system, electricity supply system, lighting supply system, water tank and water supply systems, septic tanks and sewage drainage systems, municipal waste; or solutions to cases of housing tilt, subsidence, cracking, collapse and other content as agreed in the agreement on housing sale or lease purchase.

Regarding other equipment attached to the house, the seller or the lessee shall give warranty including repair or replacement with the time limit recommended by the manufacturer.
Article 86. Housing maintenance

The homeowner is responsible for housing maintenance; in case it is unable to determine the homeowner, the occupier(s) of that house shall be responsible for housing maintenance.
The housing maintenance must comply with regulations of this Law and law on construction; regarding any house prescribed in Clause 1 Article 79 of this Law must also comply with regulations on architecture and planning and law on repair, reserve, and restoration of historical and/or cultural monuments.
The homeowner or the housing maintenance unit must ensure safety of people, assets, and ensure hygiene and environment during the housing maintenance progress; the state-owned housing maintenance must comply with regulations in Article 90 of this Law.

Article 87. Home renovation

The homeowner may renovate any house under their homeownership; the person other than the homeowner may only renovate that house with the consent of the homeowner.
The home renovation must comply with regulations of this Law and law on construction; in case the house must be renovated under a project as prescribed in regulations of law, the renovation must be carried out according to the approved project. The renovation to state-owned houses must comply with regulations in Article 90 of this Law.
Regarding the house prescribed in Clause 1 Article 79 of this Law, the renovation must comply with law on planning, architecture, management of cultural heritage; if the house must be approved by the competent agency before renovation, the homeowner, or the housing authority must comply with regulations in that approval.
Apart from above regulations, the old house prescribed in Clause 1 Article 79 of this Law must comply with the regulations below:
a) Do not change the status quo of the villas;
b) Do not demolish the house if it is not seriously damaged, in danger of collapse according to appraisal given by the housing authority of province; if the house is reconstructed as required, it must conform to the same architecture, materials, building density, number of storeys and the height of the old villa;
c) Do not create structure in order to increase area or expand or appropriate outside space of the villa.

Article 88. Rights and obligations of homeowners in the housing maintenance and renovation

The homeowner has rights to:
a) Maintain or renovate the house himself/herself, or hire an organization or individual to maintain or renovate their house; or hire an agency or individual in charge of maintenance or renovation as prescribed in regulations of law;
b) Request the competent agency to issue the license for construction as required, or facilitate the housing maintenance or renovation if it meets all requirements prescribed in law on construction.
c) Exercise other rights as prescribed.
The homeowner has obligations to:
a) Comply with regulations of law on housing maintenance and renovation; and enable other homeowners to maintain or renovate their houses;
b) Pay compensation in case he/she causes damage to other people;
c) Fulfill other obligations as prescribed.

Article 89. Maintenance and renovation of houses under lease agreement

The lessor may renovate the house with the consent of the lessee, except for emergency cases or force majeure events; the lessee shall enable the lessor to maintain or renovate the house.
The lessor is entitled to adjust the proper rents after finishing the renovation provided that the remaining lease term is shorter than one third of lease term; in case the lessee does not agree with the new rent, he/she entitled to unilaterally terminate the agreement and claim the compensation as prescribed.
In case the lessee is required to move to another place for housing maintenance or renovation, the contracting parties shall agree about the temporary place and the rent during the maintenance or renovation period; in case the lessee may manage the accommodation themselves and has paid the rent for entire maintenance or renovation period, the lessor must repay that amount of rent to the lessee. The maintenance or renovation period shall not be included in the term of the housing lease agreement. The lessee is entitled to keep renting the house after finishing the maintenance or renovation.
The lessee is entitled to request the lessor to maintain the house, unless the house is damaged caused by the lessee; in case the lessor does not maintain the house, the lessee is entitled to carry out the maintenance provided that he/she notifies the lessor in writing at least 15 days preceding the maintenance’s date. The notification must state the maintenance program and funding. The lessor must pay the maintenance funding to the lessee or amortize the rents.

Article 90. State-owned housing maintenance or renovation

The housing maintenance or renovation must be approved by the competent agency and comply with regulations of this Law and law on construction.
In case the house under lease agreement is renovated, it must comply with Article 89 of this Law; in case there is an approval issued by the housing authority to renovate the house using their own funding, the renovated part of the house is still under the ownership of the State, then the housing authority must refund to the lessee or amortize the rents.

Article 91. Maintenance or renovation of jointly-owned houses

The joint owners of the jointly-owned houses have rights and obligations in maintenance or renovation of the house in proportion to their own ownership; in case it is unable to determine the portion of ownership of each homeowner, the obligations to maintain or renovate the house shall be divided equally to the joint owners. The maintenance or renovation of jointly-owned houses must be conducted with the consent of all joint owners.
The funding for the maintenance or renovation of the common areas shall be divided in proportion to the ownership of each homeowner, unless otherwise agreed by the joint owners. Regarding a multi-owner building, the contribution of funding maintenance of the common areas shall be conducted in accordance with Article 108 of this Law.

Section 4. HOUSING DEMOLITION
Article 92. Housing to be demolished as required

Any house is seriously damaged, in danger of collapse, or unsafe for its occupiers which is declared in the Decision on quality assessment issued by housing authority of province where the house is located or in case of state of emergency or response to disasters.
Any house in the cases prescribed in Clause 2 Article 110 of this Law.
Any house subject to land clearance for land withdrawal according to the decision of the competent agency;
Any house built in the area banned from construction or on the piece of land other than residential land under the planning approved by the competent agency.
Any house subject to demolition prescribed in law on construction.

Article 93. Responsibility for housing demolition

The homeowners or the occupiers are responsible for housing demolition; in case it required to carry out the land clearance to rebuild the housing or other construction, the investor shall be responsible for the housing demolition.
The homeowner may demolish the house themselves as prescribed in law on construction or hire an organization or individual in charge of housing demolition.
In case an apartment building is demolished to renovate or rebuild a new apartment building, it must comply with Section 2 Chapter VII of this Law.
The People’s Committee of the commune shall observe and expedite the housing demolition in the commune.

Article 94. Requirements for housing demolition

People and assets must be moved outside the demolition area.
There are warning signs and solutions to isolating from surrounding area.
The requirements pertaining to the safety of people, assets, surrounding construction, technical infrastructural works not subject to demolition and hygiene and environment must be satisfied as prescribed.
The demolition of the housing in the residential areas may not be conducted from 12 p.m to 13 p.m and from 22 p.m to 5 a.m, except for state of emergency.

Article 95. Enforcement of housing demolition

In case the house subject to demolition prescribed in Article 92 of this Law but the homeowner, the investor in the construction or the occupier does not demolish voluntarily the house, the competent agency prescribed in Clause 2 of this Article shall issue the decision on enforcement of house demolition.
Competence in issuance of decision on enforcement of house demolition shall be regulated as follows:
a) The President of the People’s Committee of district shall issue the decision on enforcement of house demolition for land withdrawal prescribed in Clause 3 Article 92 of this Law, separate house demolition prescribed in Clause 1, 4 and 5 Article 92 of this Law;
b) The President of the People’s Committee of province shall issue the decision on enforcement of apartment building demolition prescribed in Clause 1, 2, 4 and 5 Article 92 of this Law.
The People’s Committee of district shall implement the enforcement of housing demolition pursuant to the decision on enforcement of housing demolition prescribed in Clause 2 of this Article.
Funding for enforcement of housing demolition:
a) The homeowner, or the occupier, or the investor shall pay expenditures on enforcement of demolition and related expenditures;
b) In case the homeowner, the occupier, or the investor fails to pay the expenditures, the competent agency issued the decision on enforcement shall carry the enforcement of assets to ensure the funding for demolition.

Article 96. Dwelling for the homeowner during housing demolition

The homeowner shall manage dwelling himself/herself when the house is demolished.
In case a house subject to land withdrawal is demolished, the dwelling of the homeowner shall comply with policies on relocation housing when the State withdraw land as prescribed in this Law and law on land.
In case an apartment building is demolished to renovate or rebuild a new apartment building, the dwelling of the homeowner whose apartment building is demolished shall be settled as prescribed in Article 116 of this Law.

Article 97. Demolition of the housing under lease agreement

The lessor must notify the lessee of the demolition in writing for at least 90 days before demolition, except for state of emergency or demolition as defined in the administrative decisions of the competent agency.
In case of demolition for rebuilding the house and the lease term does not expire, the lessor take responsibility for arranging another place for the lessee during the demolition and reconstruction period, unless the lessee agrees to manage the dwelling themselves. After finishing the house, the lessee entitled to keep renting the house until the lease agreement expires, unless the lessee does not wish to keep renting that house; in case the lessee manage the dwelling himself/herself, he/she is exempt from the rent during the demolition or reconstruction period, such period shall not be included in the term of the lease agreement.

Chapter VII
MANAGEMENT AND USE OF APARTMENT BUILDINGS
Section 1. MANAGEMENT, USE AND MAINTENANCE OF APARTMENT BUILDINGS
Article 98. Classification of apartment buildings

Apartment buildings are classified into different categories to determine the value of the apartment buildings when managing them or putting them onto the market.
The Minister of Construction shall regulate the classification and recognition for classification of apartment buildings.

Article 99. Useful life of apartment buildings

The useful life of an apartment building is determined according to the class of the construction and conclusion on quality assessment provided by the housing authority of province where the apartment buildings prescribed in Clause 2 of this Article are located. The People’s Committee of the province shall grant funding to carry out the housing quality assessment.
When the useful life of the apartment building expires as prescribed in law on construction or the apartment building is seriously damaged, or in danger of collapse, or unsafe for its occupiers, the housing authority of province shall carry out the housing quality inspection following procedures below:
a) In case the apartment building is still quality and safe for occupiers, its owner(s) entitled to use it for a period stated in the conclusion, except for cases prescribed in Clause 2 and Clause 3 Article 110 of this Law;
b) In case the apartment building is seriously damaged, in danger of collapse, or unsafe for its occupiers, the housing authority of province shall issue the conclusion on housing quality inspection and send a report to the People’s Committee of the province, then send a notification to the homeowner; the content of the notification must be disclosed on the website of the People’s Committee and the housing authority of province, and by means of local mass media.

The owner(s) of the apartment building must demolish the apartment building to renovate or rebuild a new apartment building or transfer it to the competent agency to demolish or rebuild another construction as prescribed in Clause 3 of this Article.

Any apartment building and the piece of land on which an apartment building is located prescribed in Point b Clause 2 of this Article shall follow the procedures below:
a) In case the piece of land on which the apartment building is located is still conformable with the planning for housing construction, the owner(s) is/are entitled to renovate or rebuild a new apartment building as prescribed in Section 2 of this Chapter;
b) In case the piece of land on which the apartment building is located is no longer conformable with the planning for housing construction, the owner(s) must return this apartment building to the competent agency in order to demolish and rebuild another construction according to the approved planning;
c) In case the owner(s) of the apartment building fails to implement the decision on demolition or return the apartment building, the President of the People’s Committee of the province shall enforce the housing demolition or enforce the relocation;
d) The settlement of dwelling provided for the owners of the apartment building which is demolished shall comply with Article 116 of this Law.

In case the apartment building is demolished to rebuild a new apartment building, the owners are entitled to keep using the piece of land on which that apartment building is located; in case the apartment building is demolished to build another construction, the settlements of the piece of land on which that apartment building is located shall comply with regulations of law on land.
Article 100. The private areas and common areas in apartment buildings

The private areas in an apartment building include:
a) The interior of apartments including balconies, loggias attached to those apartments;
b) Other areas in the apartment building which are under private ownership of the homeowner of the apartment building;
c) System of private technical equipment attached to the apartments and other areas under private ownership.
The common areas in an apartment building include:
a) The remaining area of the apartment building except for the private areas mentioned in Clause 1 of this Article; the community center of the apartment building;
b) Shared areas and supporting structure systems, technical equipment in the apartment building including frames, columns, load-bearing walls, enclosing walls, apartment-dividing walls, floors, roofs, terraces, corridors, stairways, elevators, emergency exits, garbage chute, systems of electricity supply, water supply, gas supply, communication system, radio, television, drainage, septic tanks, lightning conductors, fire fighting and other parts not under private ownership of the apartment building’s homeowners;
c) Exterior technical infrastructure but connected to the apartment building, except for technical infrastructure system which is used for public purposes or required to transfer to the State or the investor in charge of the approved project;
d) Public constructions in the apartment building area which are not built for commercial purposes or required to transfer to the State according to the approved project include public yards, flower gardens and other constructions mentioned in the approved residential construction project.

Article 101. Parking lots and determination of floor area of apartments, or other areas in apartment buildings

The investor must construct a parking lot for owners and occupiers in the apartment building including cars, two-wheel motorcycles, three-wheel motorcycles, bicycles and vehicles for the disabled according to the approved standards for construction and design, and ensure that the parking lot is used properly. The ownership or rights to use pertaining to the parking lot shall be determined as follows:
a) Any area used for bicycles, vehicles for the disabled, two-wheel motorcycles, or three-wheel motorcycles of owners or occupiers of the apartment building shall be under joint ownership and joint use rights of the apartment building’s owners.
b) Any buyer or lessee of apartments or other areas in the apartment building may buy or rent the area used for cars of the apartment building’s owners; in case he/she does not buy or rent that area, it shall be under management of the investor and the investor may not include the expenditures on the parking lot construction in the selling prices or lease purchase prices. The arrangement of parking lot for cars in the apartment building must follow the rules that the cars of the apartment building’s owners shall be given priority over other cars.
The floor area of apartments or other private areas of apartment building’s homeowner shall be determined according to carpet area including the area of partition walls between the rooms and balcony area, loggia (if any) of the apartment, exclusive of its enclosing walls, separating walls between the apartments, floor area including column(s), technical boxes inside. When calculating the balcony area, the total floor area must be calculated; in case the balcony has shared wall, it shall be calculated from the inner edge of the shared wall.

Article 102. Apartment building meetings

Apartment building meeting is a meeting between owners or occupiers of the apartment building if the apartment building’s owners do not attend.
The apartment building meeting shall be held to decide issues prescribed in Clause 3 and Clause 4 of this Article when the apartment building meets all requirements mentioned in the Statue on management and use of apartment buildings issued by the Minister of Construction.
With respect to any apartment building having many homeowners (hereinafter referred to as multi-owner building), the Apartment building meeting shall be held to decide the issues below:
a) Nominate, elect, or dismiss members of the Management board of the apartment building; pass, amend the Regulations on management and use of the apartment building;
b) Pass, or amend Operation regulation of the Management board of the apartment building; decide the responsibility allowance provided for the Management board members and reasonable costs serving the operation of the Management board;
c) Pass the charges of apartment building management services as prescribed in Article 106 of this Law and the use of funding for maintenance of common areas in the apartment building;
d) Decide to choose the managing organization of the apartment building in case the investor(s) are not in charge of apartment building management, or they are in charge of apartment building management but they refuse to manage the apartment building, or they manage the apartment building but they do not meet requirements as agreed in the agreement on service provision concluded with the Management board of the apartment building;
dd) Pass the report on management operation, maintenance of common areas operation of the apartment building;
e) Decide other issues relating to the management and use of the apartment building.
With respect to any single-owner apartment building, the Apartment building meeting shall be held to decide the issues prescribed in Point a, b and e Clause 3 of this Article.
Every decision issued by the Apartment building meeting on issues prescribed in Clause 3 of this Article shall be passed under the majority rule by the voting by hands or ballots, which is recorded in writing, and signed by the members in charge of the meeting and secretaries of the meeting.

Article 103. Management board of the apartment building

If the apartment building has fewer than 20 apartments regardless of single-owner building or multi-owner building, the homeowner(s) and/or the occupiers of the apartment building shall decide whether to set up or not set up the Management board of the apartment building; if the Management board of the apartment building is set up, it shall follow the procedures below:
a) Regarding the multi-owner building, the components of the Management board shall include the representative of the owner and the occupiers;
b) Regarding the multi-owner building, the components of Management board of the apartment building shall comply with Clause 2 of this Article.
Regarding the apartment building having 20 apartments or above, it is required to set up the Management board of the apartment building. The members of the Management board of the apartment building shall include apartment building’s owners, representatives of the investor(s) (if any); in case the occupiers also attend the Apartment building meeting, the members of the Management board of the apartment building may include the occupiers.
The Management board of the single-owner building shall be organized under autonomous model. The Management board of the multi-owner building shall be organized under model of Board of Directors of a joint-stock company or under model of Chairman of Board of Cooperatives, which has legal status, seal and exercise the rights and fulfill obligations as prescribed in Clause 1 Article 104 of this Law.

When electing or dismissing members of the Management board of the apartment building, the homeowners or occupiers of the apartment building are not required to set up a joint-stock company or a cooperative; the members of the Management board shall be elected or dismissed through the Apartment building meeting according to the Statute of management and use of apartment buildings issued by the Minister of Construction.
Article 104. Rights and responsibilities of the Management board of the apartment building

Regarding the multi-owner building, the Management board has rights and obligations to:
a) Remind the homeowners or the occupiers to conform to the Regulations or Statutes of management and use of the apartment building;
b) Manage and use the funding for maintenance of common areas in the apartment building as prescribed of this Law and decisions issued by the Apartment building meeting; send a report on receipts and expenditures on this funding to the Apartment building meeting;
c) Request the Apartment building meeting to pass the fees for apartment building management services;
d) Conclude an agreement on provision of apartment building management services with the investor or the unit in charge of apartment building management chosen by the Apartment building meeting as prescribed in Point d Clause 3 Article 102 of this Law

In case the apartment building is not required to have the managing organization as prescribed in Point b Clause 1 Article 105 of this Law but it is transferred to the Management board of the apartment building by the Apartment building meeting, the Management board shall conduct the receipts and expenditures of funding provided for in the decision of Apartment building meeting;

dd) Conclude an agreement with an housing maintenance unit as prescribed in law on construction to maintain the common areas of the apartment building and observe the maintenance operation. The maintenance of common areas may be carried out by the management unit of apartment building or the housing maintenance unit as prescribed in law on construction;
e) Collect opinion and suggestion from the occupiers about the management, use and provision of apartment building services, then cooperate with related competent agencies, organizations or individual in consideration;
g) Cooperate with the local governments, neighborhoods in adoption of civilized lifestyle, maintenance of social order and security in the apartment building;
h) Conform to Operation regulation issued by the Management board of the apartment building passed by Apartment building meeting, do not dismiss or supplement members to the Management board of the apartment building itself;
i) Receive responsibility remuneration and other reasonable costs as provided for in the decisions issued by Apartment building meeting;
k) Take legal responsibility, take responsibility to the homeowners or occupiers when they exercise rights and fulfill obligations inconsistently with this Clause;
l) Perform other tasks assigned by the Apartment building meeting in accordance with regulations of law.
Regarding single-owner building, the Management board of the apartment building shall exercise rights and fulfill obligations as prescribed in Point a, e, g, h, I, k and l Clause 1 of this Article.

Article 105. Management of apartment buildings

The management of an apartment building shall be carried out as follows:
a) Regarding any apartment building having elevators, the managing organization shall carry out the apartment building management;
b) Regarding any apartment building having no elevator, the Apartment building meeting shall be held to decide whether to manage themselves or hire a managing organization conducting the apartment building management.
Any apartment building managing organization must satisfy requirements pertaining to competency as follows:
a) It is established and operated as prescribed in regulations of the Law on enterprise or the Law on cooperatives and in charge of apartment building management;
b) It is required to have departments in charge of apartment building management including technology, service, security, hygiene, or environment units;
c) There are personnel meeting requirements pertaining to housing management including construction, electric technique, water, fire safety, operation of equipment attached to the apartment building and certificates of training in apartment building management as prescribed in regulations of the Minister of Construction.
The apartment building managing organization shall manage the technical system, equipment, and provision of apartment building services, maintain the apartment building and perform other tasks relating to the apartment building management.
The apartment building managing organization is entitled to collect fees for management of the apartment building from the homeowners, or the occupiers according to the prices prescribed in Clause 3 and Clause 4 Article 106 of this Law; regarding the state-owned apartment building, the fees for management services shall comply with regulations in Point a, Clause 5, Article 106 of this Law.
The managing organization is entitled to manage more than one apartment building in the same or different administrative divisions.

Article 106. Fees for apartment building management services

The fees for the apartment building management services (hereinafter referred to as the service fees) must be determined publicly, transparently and according to tasks carried out regarding each type of apartment building.
The service fees do not include expenditures on maintenance of common areas, parking fees, expenditures on fuel, energy, tap water, television services, communication and other fees serving the private use of the homeowners or occupiers.
Regarding a multi-owner building, the service fees shall comply with regulations below:
a) In case it fails to organize the Apartment building meeting for the first time, the service fees shall be the fees as defined in the agreement on housing sale or lease purchase,
b) In case the Apartment building meeting has been organized, the service fees shall be determined by the Apartment building meeting.
Regarding any single-owner building, the service fees shall be charged according to the agreement concluded between the homeowner and the occupiers; regarding any state-owned apartment building, the service fees shall comply with Clause 5 of this Article.
The People’s Committee of the province shall issue the service fee bracket in order to apply to the following cases:
a) Collect the service fees on state-owned apartment buildings in the province;
b) Enable contracting parties to enter into agreements on housing sale or lease purchase or in case there is dispute over the service fees between the managing organization and the homeowners and the occupiers; in case it fails to agree about the service fees, the fees in the service fee bracket issued by the People’s Committee of the province shall be applied.

Article 107. Apartment building maintenance

The maintenance of an apartment building includes the maintenance of private areas and maintenance of common areas. The homeowner of the apartment building must maintain the private areas and provide funding for maintenance of common areas in the apartment building.
Regarding the multi-owner building, the funding for maintenance of common areas shall be provided as prescribed in Article 108 of this Law and that funding shall be used as prescribed in Article 109 of this Law.
The maintenance work, program and management of documents on the apartment building maintenance shall comply with the law on construction.

Article 108. Funding for maintenance of common areas in the multi-owner building

Funding for maintenance of common areas in the multi-owner building shall comply with regulations below:
a) Regarding apartments or other areas in the apartment building which are sold, or leased and sold by the investor, the investor must pay 2% of value of the apartments or other areas; this amount of money shall be included in the selling price or lease purchase price paid by the buyer or lessee when transfer the apartments or other area, which is stated in the agreement;
b) Regarding apartments or other areas in the apartment building which are not sold, or lease and sold by the investor or have been not sold, or leased and sold up to the date on which the apartment building is put into operation, except for the common areas, the investor must paid 2% of value of the remaining apartments or areas; this value shall be determined according to the highest selling price of apartments in the apartment building.
In case the maintained funding prescribed in Clause 1 of this Article is not enough for the maintenance of common areas in the apartment building, the homeowner must provide additional funding in proportion to the areas under private ownership of every homeowner.
In case the investor concludes agreements on sale or lease purchase of apartments or other areas in the apartment building before July 1, 2006 but he/she has not collected contribution towards maintenance of common areas, the homeowners of apartment building shall hold an Apartment building meeting to determine the contribution; that contribution may be paid monthly into the deposit account in deposit account a credit institution operating in Vietnam made by the Management board or collected when the apartment building required maintenance.
In case the investor concludes agreements on sale or lease purchase of apartments or other areas in the apartment building after July 1, 2006, but the maintenance funding is not agreed in the housing sale and lease purchase agreement, the investor shall make this contribution; in case the selling prices or lease purchase prices in the agreement are not included the maintenance funding, the investor shall make the contribution relating to funding for common areas as prescribed in Clause 3 of this Article.
In case the apartment building for residential and commercial use is divided into separate areas in the same building including apartment areas, business areas, and each area has common areas which are separated from the common areas of the entire building which is independently managed, the investor and the buyer or lessee of apartments or other areas in the apartment building shall agree to divide the funding for the maintenance of common areas into smaller parts in order to manage and use as prescribed in Clause 4 Article 109 of this Law.

Article 109. Management and use of funding for maintenance of common areas in the multi-owner building

Regarding the funding for maintenance prescribed in Clause 1 Article 108 of this Law, within 07 days, from the day on which the service fees are collected from the buyers for apartments or other areas in the apartment building, the investor shall send it to the savings account opened in a credit institution operating in Vietnam for management and notify the housing authority of province.

Within 07 days, from the day on which the Management board of the apartment building is established, the investor shall transfer the maintenance funding including interests to the Management board in order to manage and use as prescribed in this Law and notify the housing authority of province; if the investor fails to transfer that funding, the Management board of apartment building entitled to request the People’s Committee of the province where the apartment building is located to enforce the transfer as prescribed in regulations of the Government.

The maintenance funding prescribed in Article 108 of this Law is only used for maintenance of the common areas of the apartment building, neither used for management of apartment building nor other purposes; in case the apartment building is subject to the demolition and the maintenance funding still remains, the remaining funding shall be used for the relocation or transferred to the new maintenance funding for the common areas of the new apartment building.
The Management board of apartment building shall manage and use the maintenance funding for proper purposes or works according to the plan for maintenance approved the Apartment building meeting annually. The use of the funding for maintenance of common areas is required invoices with payment and settlement as prescribed in law on finance and reported to the Apartment building meeting.

The members of the Management board of apartment building using the funding in contravention of Clause 2 of this Article and this Clause shall take legal responsibility and pay compensation against damage.

The management and use of the portion of maintance funding prescribed in Clause 5 Article 108 of this Law:
a) The portion of maintenance funding for the common areas of the apartment building and the apartments shall be transferred into the account opened by the Management board of apartment building for management and use as prescribed in this Article;
a) The portion of maintenance funding for the common areas of the business area, the owners of that business area shall manage and use it themselves.

Section 2: DEMOLITION OF APARTMENT BUILDINGS FOR RENOVATION OR RECONSTRUCTION
Article 110. Cases of demolition of apartment buildings for renovation or reconstruction

The apartment buildings subject to demolition for renovation or reconstruction which are determined as prescribed in Point b Clause 2 Article 99 of this Law.
The damaged apartment buildings which are not subject to demolition but in the area subject to renovation or construction synchronized with the apartment building subject to demolition as prescribed in Clause 1 of this Article according to approved construction planning.
The apartment buildings which are demolished according to agreement between all owners through the Apartment building meeting regardless of not subject to regulations in Clause 1 and Clause 2 of this Article.

Article 111. Plans for renovation and reconstruction of apartment buildings

The People’s Committee of the province where the apartment building is located shall check and release statistics on types of apartment building in the province; make and approve the plan for renovation and reconstruction of apartment buildings as prescribed in Clause 1 and Clause 2 Article 110 of this Law.
The plan for renovation or reconstruction of apartment buildings may be separately made and approved or shall be formulated in the plans for local housing development and must be disclosed by means of local mass media, or on the website of the People’s Committee of the province, or housing authority of province and send notifications to residential areas and People’s Committees of communes where the apartment buildings are located.

Article 112. Requirements for apartment building demolition for renovation or reconstruction

Any apartment building which is demolished for renovation or reconstruction must satisfy requirements prescribed in Article 110 of this Law and conform to construction planning and approved programs for local housing development.
Before demolishing the apartment building, the investor must make a plan for relocation, and then send a report to the People’s Committee of the province where the apartment building is located for approval. The plan for relocation must be informed to residential areas where the apartment building to be demolished is located, or announced by means of local mass media or on the website of the People’s Committee or the housing authority of province.
The renovation and reconstruction must conform to the project and renovate the housing in the area of the project according to approved construction planning.
The renovation and reconstruction of state-owned apartment buildings must be approved by the competent agency and in accordance with regulations on renovation and reconstruction of state-owned houses.

Article 113. Forms of renovation and reconstruction of apartment buildings

Any real estate enterprise invests or contributes capital together with owners having apartment buildings prescribed in Article 110 of this Law to renovate or rebuild apartment buildings, unless the owners prescribed in Clause 1 and Clause 2 Article 110 of this Law do not comply with decision on demolition.
The State shall enforce the demolition and directly invest in renovation or reconstruction of apartment buildings using the capital prescribed in Clause 3 Article 36 of this Law regarding cases prescribed in Clause 1 and Clause 2 Article 110 of this Law but the owners of the apartment building do not comply with decision on demolition.

Article 114. Investors in project on renovation and reconstruction of apartment buildings

The investors in project on renovation and reconstruction of apartment buildings shall be selected as follows:
a) In case the State uses the capital prescribed in Clause 3 Article 36 of this Law to invest in renovation or reconstruction of the apartment building, the housing authority of province shall request the person in charge of investment approval to select the investor(s);
b) In case the State invests in renovation and reconstruction of apartment buildings under building – transfer contract prescribed in Clause 3 Article 36 of this Law, the housing authority of province shall request the People’s Committee of the province to select the investor(s) through inviting bids if there are two investors or more registering or no-bid contracts if there is only one investor registering;
c) In case the real estate enterprise invests capital in renovation and reconstruction of apartment buildings, the owner of the apartment building and the enterprise shall agree about the investor and request the housing authority of province to send a requirement to the People’s Committee of the province for approval.
The investors in projects on renovation and reconstruction of apartment buildings may only be selected after its plan is approved by the People’s Committee of the province.
In case renovating or rebuilding the apartment building prescribed in Point b and Point c Clause 1 of this Article, the investor must meet all requirements as prescribed in Article 21 of this Law.

Article 115. Plans for relocation in case of demolition of apartment buildings

In case the single-owner building is being used for lease, the accommodation for lessees shall be arranged according to agreement between the owner and the lessees.
If the multi–owner building is invested by real estate enterprise, the owner of that building and the enterprise shall agree about the plan for relocation following rules prescribed in Article 116 of this Law to send a report to the People’s Committee of the province where the apartment building is located.

The owners of the apartment building must hold an Apartment building meeting makes a plan for relocation, and then send it to the People’s Committee of the province where the apartment building is located.

In case the apartment building is subject to regulations prescribed in Clause 1 and Clause 2 Article 110 of this Law but the owner does not implement the decision on demolition, the People’s Committee of the province where the apartment building is located enforces the demolition and make and approve a plan for relocation as prescribed in Article 116 of this Law.

Article 116. Housing relocation

The relocation for the owners having the apartment building subject to demolition shall be carried out as follows:
a) In case the owners do not wish to relocate in the same location, they shall be allocated housing or residential land for relocation according to conditions of the local governments as prescribed in Article 36 of this Law;
b) In case the owners wish to relocate in the same location, they shall be allocated new houses whose areas are the same or bigger than the areas of old houses.

In case the State invests in renovation and reconstruction of apartment buildings but there is difference in value between old houses and new houses, the payment for difference shall be carried out in conformity with the approved plan for relocation; if the real estate enterprise and the owner agree to invest in renovation and reconstruction of apartment buildings, the difference shall be paid according to agreement between contracting parties;

c) The housing relocation shall be carried out according to agreements on housing lease or lease purchase concluded between the people qualified for relocation and the agency in charge of relocation if the relocation is invested by the State; or concluded with the investor in the project if the relocation is invested the real estate enterprise;
d) Apart from the relocation prescribed in this Clause, the people qualified for relocation may be paid the compensation as prescribed in law on compensation, or relocation.
The relocation applied to the owners whose apartment buildings subject to demolition to build another construction shall be carried out as prescribed in Article 36 of this Law.
In case the State invests in renovation and reconstruction of apartment buildings, the investor must provide temporary accommodation or pay money for the people qualified for relocation to manage their accommodation during the renovation or reconstruction period; in case the real estate enterprise and the owner jointly invest in renovation and reconstruction of apartment buildings, contracting parties shall agree about the provision accommodation of the owners during the renovation or reconstruction period.
The Government shall provide guidance on the apartment building demolition for renovation and reconstruction of apartment buildings and the relocation.

Chapter VIII
TRANSACTIONS IN HOUSING
Section 1 General provisions of transactions in housing
Article 117. Methods of transactions in housing
Transactions in housing include agreements on housing sale, lease, and lease purchase, transfer of agreements on commercial housing sale, gifting, exchange, inheritance, mortgage, capital contribution, lending, permission for stay, and management authorization.
Article 118. Requirements applied to houses entered into transactions

Any house regarding transactions in housing sale, lease purchase, gifting, mortgage, or capital contribution shall meet the requirements below
a) There is the Certificate as prescribed, except for cases prescribed in Clause 2 of this Article;
b) There is no dispute, complaint, or proceedings for homeownership; the term of homeownership has not expired if the house is under a term contract on housing;
c) The house is not distrained;
d) There is no decision on land revocation, notification of housing clearance or demolishment issued by the competent agency.

The requirements prescribed in Point b and c of this Clause shall not apply to transactions in off-the-plan housing sale or lease purchase.

The following transactions in housing are not required the Certificate
a) Transactions in off-the-plan housing sale or mortgage;
b) Transactions in house of gratitude gifting;
c) Transactions in state-owned housing sale or lease purchase; social housing or non-state-owned housing serving the relocation sale or lease purchase; housing sale prescribed in Clause 4 Article 62 in this Law;
d) Transactions in housing lease, lending, permission for stay, management authorization;
dd) Transactions in housing inheritance;
e) Transactions in transfer of agreement on commercial housing which is under residential construction projects including the case in which the house is received from the investor but the application for the Certificate of that house has not sent to the competent agency.

Any documentary evidence on requirements pertaining to the house to be entered into the transaction as prescribed in this Clause shall comply with regulations of the Government.

Any house under lease contract shall both comply with Point b, c, and d Clause 1 of this Article and satisfy requirements pertaining to quality, safety regarding the lessee, electricity system, water supply and drainage, hygiene and environment.

Article 119. Requirements pertaining to parties in the housing transactions

Any entity who sells, leases, leases and sells housing, transfers agreements on commercial housing sale, gives, exchanges, bequeaths, mortgages, lends, permit to stay in housing, or authorizes housing management must satisfy the following requirements:
a) He/She is the homeowner, or the person permitted and authorized by the homeowner to enter into housing as prescribed in this Law and law on civil; if the agreement of commercial housing is transferred, he must be the buyer for housing of the investor or the transferee of the agreement on housing sale;
b) If the entity is a person, he must have full civil capacity to enter into transactions in housing as prescribed in law on civil; if the entity is an organization, it must have legal personality, except for the organization giving house of gratitude.
If the entity who buys, rents, rents and purchases housing, or receives agreements on commercial housing sale, receives housing exchange, gives, inherit housing, receives housing as capital contribution or mortgage, borrows, or stays in housing, or is authorized to manage housing is a person, he/she must satisfy following requirements:
a) If the entity is a Vietnamese person, he/she must have full civil capacity to enter into transactions in housing as prescribed in law on civil and he/she is not required to register permanent residence in the place where the house under transactions is located;
b) If the entity is a foreign person, or an oversea Vietnamese, he/she must have full civil capacity to enter into transactions in housing as prescribed in Vietnamese law, qualify for the homeownership in Vietnam as prescribed in this Law and he/she is not required to register temporary or permanent residence in the place where the house under transactions is located.
If the entity who buys, rents, rents and purchases housing, or receives agreements on commercial housing sale, receives housing exchange, gives, inherit housing, receives housing as capital contribution or mortgage, or is authorized to manage housing is an organization, it must have legal personality regardless of place where it sets up or registers business; if the entity is a foreign organization, it must qualify for the homeownership in Vietnam as prescribed in this Law; if it is authorized to manage housing, it must provide real estate services and run business in Vietnam as prescribed in law on real estate trading.

Article 120. Procedures for transactions in housing transactions

Any parties entering into housing transactions shall conclude agreements on housing sale, lease, lease purchase, giving, exchange, mortgage, capital contribution, lending, permission for stay, or authorization of housing management or documents on transfer of agreement on commercial housing sale (hereinafter referred to as housing agreement) according to regulations prescribed in Article 121 of this Law; regarding the organization giving house of gratitude, only document on giving is required.
The contracting parties shall agree to choose a party to request the competent agency to grant the Certificate of housing; regarding housing which is bought or leased and purchased from the investor, the investor must complete the procedures for the Certificate issued to the buyer or the lessee by the competent agency, unless the buyer or the lessee wishes to completes the procedures themselves.
If the competent agency grants the Certificate to the person who buys, rents and purchases housing, receives housing as giving, exchange, or capital contribution together with lawful residential land where that housing is located, it shall concurrently recognize the homeownership and rights to use residential land.

Article 121. Housing agreement
A housing agreement shall be concluded by contracting parties and made in writing, including:

Full names of individuals, names of organizations and addresses of contracting parties;
Description of characteristics of the house and the piece of land attached to that house. Regarding agreements on apartment sale or lease purchase, contracting parties must state the common areas or common-using areas; private areas; floor area; purposes of the common areas or common-using areas in the apartment building according to approved design;
The value of contributed capital, the transaction price of housing if there is a term on pricing in the agreement; regarding transactions in housing sale, lease, or lease purchase which is regulated pricing by the State, contracting parties shall comply with that regulations;
Deadline for and method of payment regarding transactions in housing sale, lease, lease purchase or transfer of agreements on housing sale;
Deadline for housing transfer; housing warranty duration regarding transactions in buying or renting and buying new house; terms of agreements on housing lease, lease purchase, mortgage, lending, permission for stay, authorization of housing management; deadline for capital contribution;
Rights and obligations of contracting parties;
Commitments of contracting parties;
Other agreements;
Effective date of the agreement;
Date of agreement;
Signatures and full names of contracting parties, or stamps (if any) and positions of the signatories regarding organizations.

Article 122. Notarization and authentication of agreements and effective date of housing agreements

Regarding agreements on housing sale, giving, exchange, capital contribution, mortgage, or transfer of agreement on commercial housing sale, it is required to notarize or authenticate the agreement, except for cases prescribed in Clause 2 of this Article.

Regarding any agreement prescribed in this Clause, the effective date of the agreement shall be the date on which the agreement is notarized or authenticated.

Regarding transactions in giving houses of gratitude; sale or lease purchase of state-owned housing; sale or lease purchase of social housing, housing serving the relocation; contributed housing which one entity of contracting parties is an organization; housing lease, lending, permission for stay, or authorization of housing management, it is not required to notarize or authenticate the agreement, unless contracting parties wish to notarize or authenticate the agreement.

Regarding any agreement prescribed in this Clause, the effective date of the agreement shall be agreed by contracting parties; if the contracting parties do not agree, the effective date of agreement shall be the date on which the agreement is signed.

The documents on housing inheritance must be notarized or authenticated as prescribed in law on civil.
The notarization of housing agreement must be carried out at a notary; the authentication of housing agreement must be carried out at the People’s Committee of the commune where the house is located.

Section 2. HOUSING SALE, TRANSFER OF HOUSING SALE AGREEMENTS
Article 123. Housing sale, transfer of agreements on commercial housing sale

Any transaction in housing sale must be made under agreement in accordance with regulations prescribed in Article 121 of this Law. The contracting parties may agree that the seller sells the house and/or transfer the piece of land attached to that house within a certain period of time to the buyer as prescribed in regulations of the Government.
In case the buyer buys a commercial house from the investor but he/she has not applied to the competent agency for the Certificate of housing, he may transfer the housing sale agreement; the transferee must fulfill agreed obligations in the housing sale agreement.

Procedures for transfer, content and form of documents on transfer of housing sale agreement shall comply with regulations of the Minister of Construction; the transferor shall pay taxes and/or fees as prescribed on in accordance with regulations of law on taxes and fees.
Article 124. Housing selling prices, transaction prices of transfer of agreements on commercial housing sale
The selling price of the house, the transaction price of housing selling agreement shall be agreed by contracting parties and stated in the housing sale agreement or document on transfer of housing sale agreement; if the State regulates prices of housing sale, contracting parties must comply with that regulations.
Article 125. Installment sale of housing

The installment sale of housing shall be agreed by contracting parties and stated in the housing sale agreement; within the installment period, the housing buyer shall exercise his right to use the house and fulfill obligations to maintain that house, unless that house is under warranty period as prescribed in this Law or otherwise agreed.
The buyer buying house by installments may not conduct transactions in housing sale, giving, exchange, mortgage, or capital contribution with other person until he/she pays off the total amount, unless otherwise agreed.

During the installment period, if the buyer dies, his/her lawful heir(s) may exercise rights and fulfill obligations of the buyer, when the heir(s) pay off the total amount to the seller, they shall be granted the Certificate.

If the buyer wishes to return the house during the installment period and the seller agrees, both parties shall agree about the method of house return and the refund of the housing payment.

Article 126. Selling jointly-owned houses

Any jointly-owned house must be sold with the consent of owners; in case any joint owner does not consent to sell the house, other joint owners are entitled to request the Court to handle the house as prescribed in regulations of law. The joint owners shall acquire pre-emption rights to buy the house, if not; it shall be bought to other people.

In case there is any owner who is declared missing by the court, the remaining owners are entitled to sell that house; the share of the house held by the missing owner shall be handled as prescribed.

In case any joint owner sells his/her share, other joint owners shall acquire pre-exemption rights to buy it; if it is not bought by any owner within 30 days, from the day on which the notification of sale of joint ownership house and requirements for sale, it shall be sold to other people; in case there is any violation against pre-emption rights, it shall be handled as prescribed in law on civil.

Article 127. Selling houses under lease agreements

In case a homeowner buys a house under a lease agreement, he/she must notify the lessees in writing of the sale and requirements for sale; if the lessees have paid off the rents up to the date on which the notification is sent, they shall acquire pre-emption rights to buy the house, except for jointly-owned houses; if the house is not bought by any lessee within 30 days from the date of which the lessees receive the notification, the homeowner is entitled to sell the house to other people, unless both contracting parties otherwise agreed about the deadline.
If a state-own house under a lease agreement is sold, it must comply with Section 2 Chapter VI of this Law.

Article 128. Compulsory purchase order
If the State wishes to buy a house used for national defense and security purposes, national or public benefits although that house is under an agreement on housing sale, the President of the People’s Committee of the province shall issue a compulsory purchase order. The prices, conditions and methods of payment shall be carried out according to the agreement on housing sale concluded by contracting parties. The State shall pay compensation to contracting parties (if any). The agreement on housing sale shall be annulled.
Section 3. HOUSING LEASE
Article 129. Lease term and housing rents

The lessor and the lessee may agree about lease term, rents and payment, lump sum or installment payments; if there are any regulations on housing rent regulated by the State, the contracting parties shall comply with regulations.
If the lessor renovates the house with consent of the lessee although the lease term does not expire, the lessor is entitled to adjust the housing rents. The new rent shall be agreed by contracting parties; if not, the lessor is entitled to unilaterally terminate the lease agreement and pay compensation to the lessee as prescribed.
The lawful rights and interests of the lessor and the lessee shall be protected by the State over the lease term.

Article 130. Jointly-owned houses for lease

The lease on a jointly-owned house must be agreed by all homeowners, unless the joint owners lease out their shares.
The joint owners may authorize their representatives to conclude housing lease.

Article 131. Terminating lease agreement

With respect to agreements on state-owned house lease, they shall be terminated if they are subject to one of cases prescribed in Clause 1 Article 84 of this Law.
With respect to agreements on non-state-owned house lease, they shall be terminated in one of the following cases:
a) The lease agreement expires; regarding the unlimited term agreement, it shall terminate after 90 days, from the day on which the lessor notify the lessee of the termination of the lease agreement;
b) Both contracting parties agree to terminate the agreement;
c) The house for lease no longer exists;
d) The lessor does not live with anybody when he/she dies or is declared missing by the court
dd) Any house for lease which is damaged, in danger of collapse or in the area subject to land withdrawal or housing clearance or demolition according to decisions issued by the competent agency; or any house for lease subject to decision on compulsory purchase order or commandeering issued by the State to use for other purposes.

The lessor must notify the lessee of the termination of the lease agreement in writing before 30 days as prescribed in this Clause, unless otherwise agreed;

e) The agreement terminates as prescribed in Article 132 of this Law.

Article 132. Unilateral termination of lease agreement

During the lease term, the lessor may not unilaterally terminate the lease agreement and withdraw the house, except for cases prescribed in Clause 2 of this Article.
The lessor is entitled to terminate unilaterally the lease agreement and withdraw the house in one of following cases:
a) The lessor lease out the state-owned houses or social houses ultra vires and not satisfying requirements as prescribed in this Law;
b) The lessee has not paid the rent for 3 months or more without reasonable explanation;
c) The lessee uses the house for improper purposes as agreed in the agreement;
d) The lessee expands, renovates, or demolishes the house under lease agreement without the consent of the homeowner;
dd) The lessee exchanges, lends, sublets the house under lease agreement without consent of the lessor;
e) The lessee still creates disorder or breaches hygiene an environment conditions causing negative effects on activities of the neighborhood although he/she is warned for the third time by the lessor or the chief of neighborhood, the chief of village;
g) Cases prescribed in Clause 2 Article 129 of this Law.
The lessee is entitled to terminate unilaterally the lease agreement:
a) The lessor does not repair the house when it is seriously damaged;
b) The lessor increases the rents unreasonably or increases the rents without notification to the lessee;
c) The right to enjoyment of the house is restricted by interests of a third party.
If any party unilaterally terminates the lease agreement, the other party must be informed for at least 30 days, unless otherwise agreed; if he/she commits violations mentioned in this Clause and cause damage, he/she must pays compensation as prescribed.

Article 133. Rights to continue renting houses

In case the homeowner dies but the lease has not expired, the lessee has right to continue renting the house for the rest of their lease term. The heir is required to keep performing the lease agreement, unless otherwise agreed. If the homeowner has no lawful heir as prescribed, that house shall be under ownership of the State and the lessees have right to continue renting as prescribed in regulations on management and use of state-owned houses.
If the homeowner transfers ownership of the house under lease agreement to other people but the lease term has not expired, the lessee has right to continue renting for the rest of their lease term; the new homeowner must keep performing the lease agreement, unless otherwise agreed.
If the lessee dies but the lease term has not expired, any people living with the lessee has right to continue renting for the rest of the lease term, except for official residence lease or unless otherwise agreed.

Section 4. SOCIAL HOUSING LEASE PURCHASE
Article 134. Procedures for social housing lease purchase

Any transaction in social housing lease purchase must be concluded under an agreement as prescribed in Article 121 of this Law; regarding the lease purchase transaction in social housing which is invested by organizations or individuals, the lease purchase agreement must be concluded between the investor and the lessee; regarding the lease purchase transaction in state-owned social housing, the lease purchase agreed shall comply with Point a Clause 2 Article 83 of this Law.
When the lease purchase term expires and the lessee has paid off the total amount as agreed, the lessor is required to request the competent agency to grant the Certificate the lessee, unless the lessee wishes to apply for the Certificate himself/herself.

Article 135. Rights and obligations of lessees under agreements on lease purchase of social housing

b) The lessee must comply with Article 62 of this Law and other obligations as specified in the agreement on housing lease purchase.

In case the lease purchase term expires but the lessee has been received the house, the lessee shall return the house to the lessor; the lessee may claim a refund of the option, except for cases prescribed in Point e and Point h Clause 1 Article 84 and Clause 2 Article 136 of this Law.

If the lessee dies, it is required to follow the procedures below:
a) If there is any lawful heir living in that house with the lessee, he/she has right to continue renting and buying the house, unless the lawful heir voluntarily returns the house under lease purchase agreement;
b) If the lessee has lawful heir(s) but they do not live together in that house, and the lessee has paid for two-thirds of the lease purchase term, the lawful heir(s) is/are entitled to pay off the total amount in proportion to one-thirds of the remaining lease purchase term and the heir(s) shall be issued the Certificated by the competent agency;
c) If there is any lawful heir not subject to Point a and Point b of this Clause, the lessor is entitled to withdraw the house and the lawful heir is entitled to claim the refund of option included in the interest as prescribed in inter-bank unperiodical interest rates on the day on which the option is refunded;
d) If there is not any heir, the option shall be under ownership of the State and the lessor is entitled to withdraw the house, and then enter into other lease agreement or lease purchase agreement with other entities entitled to rent or rent and purchase social housing as prescribed.

Article 136. Terminating lease purchase agreements and withdrawal of social housing under lease purchase agreements

Regarding lease purchase transactions in state-owned social housing, the termination of lease purchase agreement and housing withdrawal shall comply with one in cases prescribed in Point a, b, c, e, g and h Clause 1 Article 84 of this Law.
With respect to agreements on non-state-owned house lease purchase, the lessor is entitled to terminate the agreement on housing lease purchase or withdraw the house under the lease purchase agreement in one of the following cases:
a) The lessee leases out or sells the house under lease purchase agreement to other people without the consent of the lessor when the lease purchase term has not expired.
b) The lessee has not paid the rents for 3 months or more without good reasons.
c) The lessee expands, renovates, or demolishes the house under lease purchase agreement without the consent of the lessor;
d) The lessee uses the house for improper purposes as agreed in the agreement;
dd) The lessee is subject to cases prescribed in Point d Clause 2 Article 135 of this Law.
e) Other cases as agreed by contracting parties.
The lessee not subject to Clause 1 of this Article is entitled to terminate the lease purchase agreement as agreed in the agreement; if he/she has received the house, he/she must return the house to the lessor.

Section 5. DEEDS OF GIFT FOR HOUSING
Article 137. Gifts of joint-owned houses

A deed of gift is required to be concluded by all joint owners when a house under tenancy by the entirety is gifted.
Any joint owner is only entitled to gift his/her share in the house under tenancy in common and may not cause negative effects on lawful rights and interests of other joint owners. After receiving the share, the new joint owner may not cause negative effects on lawful rights and interests of other joint owners.

Article 138. Gifts of houses under lease agreements

The homeowner of a house under lease agreement must notify the lessees of the gift of the house.
The lessees are entitled to keep renting the house for the rest of the lease term as agreed with the donor, unless otherwise agreed.

Section 6. HOUSING EXCHANGE
Article 139. Exchange of joint owned houses

If a house under tenancy by the entirety is exchanged, the consent of all joint owners is required.
Any joint owner is only entitled to exchange his/her share in the house under tenancy in common and may not cause negative effects on lawful rights and benefits of other joint owners. After receiving the share, the new joint owner may not cause negative effects on lawful rights and interests of other joint owners.

Article 140. Exchange of houses under lease agreements

The homeowner of a house under lease agreement must notify the lessees of the exchange of the house.
The lessees are entitled to keep renting the house for the rest of the lease term as agreed with the homeowner, unless otherwise agreed.

Article 141. Payment for difference
When both parties exchange the house and transfer the homeownership to each other, if there is any difference in value of housing, they must pay that difference, unless otherwise agreed.
Section 7. HOUSING INHERITANCE
Article 142. Inheritance of houses under tenancy by the entirety
If a house under tenancy by the entirety is inherited by a heir who is remaining joint owners, they shall inherit under the will or the rules of intestacy; if the heir is not the joint owners, they shall be paid the portion of value of house that they inherit, unless otherwise agreed.
Article 143. Inheritance of houses under tenancy in common
The share of a testator in a house under tenancy in common shall be divided to his/her heir under the will or rules of intestacy; if the house is bought to divide its value, the heir shall be given pre-emption rights to buy it; if the heir does not buy it, other joint owners shall be given pre-emption rights to buy it and pay the house’s value to the heir.
Section 8. HOUSING MORTGAGE
Article 144. Mortgagors and mortgagees

The homeowner is an organization entitled to mortgage its house at a credit institution operating in Vietnam.
The homeowner is an individual entitled to mortgage his/her house at a credit institution, or an economic organization operating in Vietnam or individuals as prescribed.

Article 145. Mortgage on jointly-owned houses
The mortgage on jointly-owned houses must be agreed in writing by joint owners, except for mortgage on houses under tenancy in common. The joint owners of the house under tenancy by the entirety have joint liability to fulfill obligations of the mortgagor as prescribed in the Civil code.
Article 146. Mortgage on houses under lease agreements

The homeowner is entitled to mortgage the house under lease agreement provided that he/she notify the lessees of the mortgage in writing in advance. The lessees are entitled to keep renting for the rest of the lease term.
In case the house under the lease agreement is settled to fulfill the obligations of the mortgagor, the lessees are entitled to keep renting for the rest of the lease term, unless the lessees commit violations prescribed in Clause 2 Article 131 of this Law or otherwise agreed.

Article 147. Mortgage on projects on housing construction and mortgage on off-the-plan housing

The investor in the project on housing construction is entitled to mortgage the project or houses in the project at a credit institution operating in Vietnam to apply for loans to invest in the project or build houses in the project; in case the investor has mortgaged the house, but he/she wishes to mobilize capital to divide the house as prescribed in law on housing and wishes to sell or lease and purchase that house, the mortgage on the house (if any) has been paid off before the agreement on housing capital mobilization, sale, or lease purchase is concluded with clients, unless otherwise agreed by the contributor, the buyer/lessee and the lender.

Before concluding an agreement on housing capital mobilization, sale, or lease purchase with clients as prescribed in this Clause, it is essential to refer to the Certificate of conformity to sell issued by the housing authority of province in order to determine the mortgage on the house is whether has been paid off.

Any organization or individual who builds an off-the-plan house on their lawful piece of land; any organization or individual who buys an off-the-plan house in a project on housing construction from an investor is entitled to mortgage that house at a credit institution operating in Vietnam in order to apply for a loan to build or buy that house.

Article 148. Requirements for mortgage on projects on housing construction and mortgage on off-the-plan housing

Requirements for mortgage on projects on housing construction and mortgage on off-the-plan housing:
a) In case the investor mortgages a part or all of the project on housing construction, a approved dossier on project, technical design and the Certificate or Decision on land allocation or land lease issued by the competent agency are required;
b) In case the investor mortgages an off-the-plan house in the project, he is required to satisfy both requirement prescribed in Point a of this Clause and other requirement that the foundation of that house must be finished as prescribed in law on construction and it is not subject to the part or all of the project which is mortgaged by the investor as prescribed in Point a of this Clause;
c) If any organization or individual mortgages their houses prescribed in Clause 2 Article 147 of this Law, the Certificate of rights to use land prescribed in law on land, or License for construction (if applicable) is required.

In case the mortgagor who mortgages his/her off-the-plan house buys a house in the project on housing construction from the investor, he/she is required to conclude an agreement on housing sale with the investor, or obtain a grant deed of the house if he/she is the transferor, documentary evidence for payment of the house on contractual schedule and he/she is not subject to any complaints, lawsuit, or dispute about agreement on housing sale or transfer of the agreement.

The mortgage on projects on housing construction and the mortgage on off-the-plan houses must comply with regulations of this Law; if not, that mortgage shall be considered illegal.

Article 149. Handling of houses subject to the existing mortgage

The handling of houses subject to the existing mortgage, including off-the-plan houses must comply with regulations of this Law, law on civil and corresponding regulations of law.
The handling of the project on housing construction subject to the existing mortgage must comply with law on civil and corresponding regulations of law; any organization or individual receiving the project must satisfy requirements for the investor as prescribed in this Law and register at the competent agency assigning the project as prescribed in law on real estate trading.

Section 9. CONTRIBUTING HOUSING AS CAPITAL
Article 150. Procedures for contributing housing as capital

A homeowner or an investor in the project on commercial housing construction is entitled to contribute housing as capital to run business in fields not prohibited by law. The contributing housing as capital must be made under an agreement prescribed in Article 121 of this Law.
The house contributed as capital must be an existing house and meet all requirements prescribed in Clause 1 Article 118 of this Law.

Article 151. Contributing jointly- owned housing as capital

The contributing jointly-owned housing as capital must be consented by all joint owners.
The joint owners may concurrently sign the agreement on contributing housing as capital or appoint their representatives to sign the agreement on contributing housing as capital as agreed.

Article 152. Contributing housing under lease agreement as capital

The homeowner of the house under a lease agreement must notify the lessees of the contributing housing as capital.
The lessees are entitled to keep renting the house for the rest of the contractual lease term, unless otherwise agreed.

Section 10. AGREEMENT ON HOUSING LENDING OR PERMISSION FOR STAY
Article 153. Jointly-owned housing lending or permission for stay

A joint owner may lend or permit to stay in the house under tenancy by the entirety with the consent of all joint owners; a joint owner may lend or permit to stay in his share of the house under tenancy in common provided that it does not cause negative effects on the interests of other joint owners. The person who lends or permits to stay in the house is entitled to terminate the agreement prescribed in Article 154 of this Law and contractual terms.
The joint owners are entitled to authorize their representatives to conclude the agreement on housing lending or permission for stay.

Article 154. Cases of termination of agreements on housing lending or permission for stay

The deadline of the housing lending or permission for stay expires.
The housing for lending or permission for stay no longer exists.
The person who borrows or stays in the house dies or is declared missing by the Court,
The housing for lending or permission for stay is in danger of collapse or subject to the decision on land clearance, demolition, or land withdrawal issued by the competent agency.
By agreements of the parties.

Section 11. HOUSING MANAGEMENT AUTHORIZATION
Article 155. Scope of housing management authorization

The housing management authorization means the homeowner authorizes other organization or individual to exercise rights and fulfill obligations of the homeowner pertaining to management and use of housing over the duration of authorization. The housing management is only authorized relating to existing houses.
The scope of housing management authorization shall be agreed by contracting parties and stated in the authorization agreement; if the contracting parties do not agree about the duration of authorization, the authorization agreement shall take effect for one year, from the day on which the authorization agreement is concluded.
The authorizer must pay the administrative expense, unless otherwise agreed.

Article 156. Authorization for management of joint owned housing

The management of houses under tenancy by the entirety shall be authorized with the consent of all joint owners; any joint owner of the house under tenancy in common is entitled to authorize other people to manage his/her share provided that it does not cause effects on interest of other joint owners.
The joint owners must notify other homeowners of the housing management authorization, unless authorized person in charge of housing management is also the joint owner.

Article 157. Cases of terminating agreements on housing management authorization

The authorization agreement expires.
The scope of authorization
The house subject to management authorization does not exist.
The authorized grantor or the authorized grantee unilaterally terminates the agreements on housing management authorization as prescribed in Article 158 of this Law.
The authorized grantor or the authorized grantee dies.
The authorized grantee is missing or incapable of civil acts according to the decision issued by the Court.
Other cases as agreed by contracting parties.

Article 158. Unilateral termination of agreements on housing management authorization

The authorized grantor may unilaterally terminate agreements on housing management authorization in one of following cases:
a) If the authorization incurs administrative expense, the authorized grantor is not required to notify the authorized grantee of the unilateral termination of the authorization agreement provided that he/she pays the authorized grantee the remuneration for the task performed by the grantee and the compensation;
a) If the authorization does not incur administrative expense, the authorized grantor must notify the authorized grantee of the unilateral termination of the authorization agreement before at least 30 days, unless otherwise agreed.
The authorized grantor may unilaterally terminate agreements on housing management authorization in one of following cases:
a) If the authorization incurs administrative expense, the authorized grantor is not required to notify the authorized grantee of the unilateral termination of the authorization agreement but he/she must pays compensation to the authorized grantee (if any);
b) If the authorization does not incur administrative expense, the authorized grantor must notify the authorized grantee of the unilateral termination of the authorization agreement before at least 30 days, unless otherwise agreed.
The authorized grantor and the authorized grantee must notify the third person of the unilateral termination of the agreement on housing management authorization.

Chapter IX
THE HOMEOWNERSHIP OF FOREIGN ENTITIES IN VIETNAM
Article 159. Foreign entities eligible for the homeownership in Vietnam and forms of the homeownership in Vietnam relating to foreign entities

Foreign entities eligible for the homeownership in Vietnam include:
a) Foreign entities who invest in project-based housing construction in Vietnam as prescribed in this Law and corresponding regulations of law;
b) Foreign-invested enterprises, branches, representative offices of foreign enterprises, foreign-invested funds and branches of foreign banks operating in Vietnam (hereinafter referred to as foreign organization);
c) Foreign individuals who are allowed to enter Vietnam.
The foreign entities eligible for the homeownership in Vietnam if they:
a) Invest in project-based housing construction in Vietnam as prescribed in this Law and corresponding regulations of law;
b) Buy, rent and purchase, receive, or inherit commercial housing including apartments and separate houses in the project for housing construction, except for areas under management relating to national defense and security as prescribed in regulations of the Government.

Article 160. Requirements pertaining foreign entities eligible for the homeownership in Vietnam

The foreign entity prescribed in Point a Clause 1 Article 159 of this Law is required to have an Investment certificate and have houses which are built under a project as prescribed in this Law and corresponding regulations of law.
The foreign entity prescribed in Point b Clause 1 Article 159 of this Law is required to have an Investment certificate or a Permission to run business in Vietnam (hereinafter referred to as Certificate of investment) issued by the competent agency in Vietnam.
The foreign entity prescribed in Point c Clause 1 Article 159 of this Law is required to have a permission to enter Vietnam and he/she is not granted diplomatic immunity and privileges as prescribed.
The Government provides guidance on documentary evidence for entities or requirements pertaining to foreign entities qualifying for the homeownership in Vietnam.

Article 161. Rights of foreign entities as homeowners

The foreign entity prescribed in Point a Clause 1 Article 159 of this Law is entitled to exercise rights of homeowners as prescribed in Article 10 of this Law, if his/her house is built on a piece of leased land, he/she is only entitled to lease that house.
The foreign entity prescribed in Point b and c Clause 1 Article 159 of this Law is entitled to exercise rights of homeowners similarly to Vietnam citizens provided that he/she comply with following regulations:
a) He/She may not buy, rent and purchase, receive, inherit and own more than 30% of apartments in an apartment building; or more than 250 houses regarding separate houses including villas, row houses in an area whose population is equivalent to a ward-administrative division.

In case in an area whose population is equivalent to a ward-administrative division has multiple apartment buildings or regarding separate houses in a street, the Government shall provide guidance on number of apartments or number of separate houses that a foreign entity is entitled to buy, rent and purchase, receive, inherit and own;

b) In case the foreign entity receives or inherits house(s) not in accordance with Point b Clause 2 Article 159 of this Law or exceeding the number of houses prescribed in Point a of this Clause, he/she only receives the value of that house(s);
c) The foreign individuals are eligible for the homeownership as agreed in agreements on housing sale, lease purchase, gifting, or inheritance for not more than 50 years, from the day on which they are granted the Certificate and they may be also granted extension as prescribed in regulations of the Government; the duration of the homeownership must be stated in the Certificate.

If a foreign individual marries to a Vietnamese citizen or an oversea Vietnamese, he/she qualifies for stable and long-term homeownership and has all rights of homeowner similarly to Vietnamese citizens;

d) The foreign organization are eligible for the homeownership as agreed in agreements on housing sale, lease purchase, gifting, or inheritance for not longer than duration stated in their Certificate of investment, including extension duration, the duration of the homeownership shall be determined from the day on which the organization is granted the Certificate and stated in such Certificate;
dd) Before the time limit of the homeownership prescribed in this Law expires, the homeowner is entitled to gift or sell their house(s) to entities eligible for the homeownership in Vietnam; if not, their house(s) shall be under ownership of the State.

Article 162. Obligations of foreign entities as homeowners

The foreign entity prescribed in Point a Clause 1 Article 159 of this Law has obligations of homeowners as prescribed in Article 11 of this Law.
The foreign entity prescribed in Point b and Point c Clause 1 Article 159 of this Law has obligations of homeowners similarly to Vietnamese citizens provided that he/she comply with following regulations:
a) If the homeowner is a foreign individual, he/she is entitled to lease house(s) for lawful purposes provided that he/she notifies the agency of district in charge of housing where the house is located of housing lease as prescribed in regulations of the Minister of Construction and pays taxes on housing lease as prescribed before leasing houses.

If a foreign individual gets married to a Vietnamese citizen or an oversea Vietnamese, he/she qualifies for stable and long-term homeownership and has all rights of homeowner similarly to Vietnamese citizens;

b) If the homeowner is a foreign organization, its house(s) is/are only provided for their employees but it is not allowed to use their house(s) for lease, offices, or other purposes;
c) They pay off the total amount through credit institutions operating in Vietnam.

Chapter X
COMMUNICATION SYSTEM AND DATABASE OF HOUSING
Article 163. Communication system of housing
Communication system of housing includes:

Information technology infrastructure of housing;
Systems of operating system software, system software and application software;
Database of housing.

Article 164. Database of housing

The database of housing must be formulated and consistently managed from central governments to local governments, which is connected to database and communication system of land.
The database of housing includes:
a) Database of system of legislative documents on housing;
b) Database of housing development including programs, planning for housing development, investigation, and statistics on housing, basic information about projects on housing construction, number, type of housing, area of housing, area of pieces of land used for housing construction;
c) Database of changes in management and use of housing;
d) Other database relating to housing.
Every 10 years, the Government shall carry out an investigation, release statistics on housing and take national census population. In the middle of the national census population and housing period, the Government shall carry out an pilot investigation and release statistics on housing on the basis of formulation of policies on housing.
Basic statistical indicators on housing must be included in national statistical indicator system.
Funding for investigation and statistics on housing shall be provided by government budget.

Article 165. Competence and responsibility for formulating communication system and database of housing

The Ministry of Construction must formulate and manage, develop communication and database of national housing; Ministries, agencies and the People’s Committees of provinces must cooperate in provision of housing database for the Ministry of Construction to update on national housing communication system.
The People’s Committee of the province must formulate, manage, and develop the communication system and database of local housing, ensure the unified information between housing and land attached to housing.
The State shall allocate budget to build database and communication system of housing and the operation and maintenance of that system; the Ministry of Construction shall request the Prime Minister to allocate budget to build, manage, operate, and maintain that system.
The Government shall provide guidance on creation of the database, statistical indicators and the management, operation and development of system of database and communication of housing.

Article 166. Management and development of communication and database of housing

The housing database must be managed closely, developed and used effectively and properly.
The information in the housing database provided by the competent agency shall be valid similarly to written dossiers or documents.
The agency in charge of management of housing database and information prescribed in Clause 4 of this Clause shall enable organizations and individuals to develop or use housing information following procedures as prescribed.

Any organization or individual who wishes to receive information about housing shall pay fees for using information as prescribed, except for information provided at the request of the competent agency to serve state management, investigation, verification or actions against contravention of law.

The Ministry of Construction shall be in charge of management of database and communication system of housing nationwide. Authorities of provinces or districts in charge of housing shall be also in charge of management of database and communication system of housing in the administrative divisions.

Chapter XI
STATE MANAGEMENT OF HOUSING
Article 167. State management of housing

Formulate and direct to implement strategies, projects, programs, or plans for development and management of housing.
Issue and implement legal documents on housing, mechanism, policies on development and management of housing.
Formulate and issue technical regulations and standards, classification of housing and quality control of housing.
Decide policies on projects on housing construction; assessment, approval, adjustments, or suspension of projects.
Manage documents on housing; manage funds for state-owned housing; manage projects on housing construction.
Investigate, release statistics, build system of database and communication of housing, manage, operate, develop, and provide database and information about housing.
Study, apply science and technology, and raise public awareness of legal knowledge about housing.
Provide human resources with training in development and management of housing.
Manage housing public services.
Recognize institutions providing training in management of apartment buildings grant Certificates of training in management of apartment building; recognize the classification of apartment buildings; grant, revoke the Certificates of training in housing.
Provide guidance, expedite, inspect, deal with complaints, dispute, denunciation and violations against regulations in housing.
Cooperate internationally in the housing fields.

Article 168. Formulation of Strategy for national housing development

According to socio-economic development strategy in every period, the Ministry of Construction shall formulate and request the Prime Minister to approve the Strategy for national housing development in every period.
The Strategy for national housing development includes:
a) Objectives for housing development;
b) Objectives for housing development includes minimum area of housing, area of housing per capita in urban areas, rural areas and nationwide; development rate of types of housing; demand for social housing for those facing difficulties of housing;
c) Assignments and measures for housing development, in which target programs for housing development equivalent to every group entitled to benefit from policies on social housing must be clarified.
d) Responsibility of competent agencies in central governments and the People’s Committee of province for housing development and management;
dd) Other relevant content.
The basic indicators in housing development in the Strategy for national housing development includes area of housing per capita; number of housing; floor area of new housing; quality of housing in urban areas, rural areas and nationwide; entities facing difficulties of housing which are provided housing must be included in assignments of national socio-economic development in every period.

Article 169. Approval for programs or plans for housing development

The approval for programs or plans for housing development shall following procedures below:
a) With respect to central-affiliated cities, the People’s Committees of cities shall formulate programs for housing development as prescribed in Article 15 of this Law and confer the Ministry of Construction, then send it to the People’s Council of cities for approval. The People’s Committee of city shall approve and implement programs after the People’s Council of the city passes.

The documents send to the Ministry of Construction for conferring shall include planning for land resources used for housing construction and plans for providing accommodation for every group of entities; indicators for area of housing per capita; number, area, and rate of types of housing; expectation of capital resources; responsibility of relating agencies in the implementation of programs for housing development;

b) With respect to provinces, the People’s Committee of the province shall implement the programs for housing development as prescribed in Article 15 of this Law, then send it to the People’s Council of province for approval;
c) According to the approved program for housing development, the People’s Committee of the province shall formulate and approve the plan for local housing development as prescribed in Article 15 of this Law; if it has the plan for using budget for housing development, it is required to confer the People’s Council of province before approval.
Procedures for formulation and content of plans for local housing development shall comply with regulations of the Government.

Article 170. Approval of residential construction projects

Before setting up or approving projects on housing construction for relocation, social housing, official residence using public capital, the policies on that projects shall be approved as prescribed in the Law on public investment. In case the project is invested by central budget, it is required to confer the Ministry of Construction; in case the project is invested by local budget, it is required to confer the housing authority of province.
Regarding other projects on housing construction which must be granted the approval of investment as prescribed in the Law on Investment shall comply with the Law on Investment. Regarding projects which are not subject to the approval of investment as prescribed in the Law on Investment shall comply with regulations of the Government.

Article 171. Application for approval of residential construction projects

Regarding the case prescribed in Clause 1 Article 170 of this Law, both application for approval of residential construction project prescribed in the Law on public investment and documents prescribed in Point a and Point b Clause 2 of this Article are required.
Regarding the projects must be approved as prescribed in the Law on Investment, both application for approval prescribed in the Law on Investment and the following documents are required:
a) Application form for the approval of the residential construction project, which clarifies legal basis, content of approval and reasons for applying for approval;
b) Specific planning drawing of area of projects approved by the competent agency.

Article 172. Research, application of science and technology and international cooperation in housing field

The State carries out incentive policies and facilitates the application of science and technology and international cooperation for development and management of housing.
The State provides funding for application of new technology or material in housing construction to ensure quality, rate of progress, energy-saving and low expense on construction.

Article 173. Training in development and management of housing

Officials and civil servants working in agencies in charge of housing management and development are required to participate in training course in development and management of housing. Any person working in the managing organization of an apartment building is required to participate in training course in management of apartment buildings and obtain the Certificate of training in management of apartment buildings as prescribed in regulations of the Minister of Construction.
The Minister of Construction shall regulate programs, curriculum content about development and management of housing provided for officials and civil servants in charge of development and management of housing nationwide.

Article 174. Agencies in charge of housing

The Government shall be in charge of state management of housing nationwide.
The Ministry of Construction shall take responsibility to the Government for management of housing nationwide.
Relevant Ministries, agencies within their competence implement State management of housing and cooperate with the Ministry of Construction in implementation of law on housing.
The People’s Committees must implement State management of housing in the administrative divisions as prescribed in this Law and the Government.

Article 175. Responsibility of the Ministry of Construction

Formulate legal documents, strategies, projects, plans for housing development then send them to the Government and/or the Prime Minister.
Issue and implement legal documents on housing within their competence; regulate technical regulations and standards, classification of housing, determination of rents, lease purchase prices, selling prices of social housing, housing serving the relocation, state-owned housing; regulate content and form of agreements on sale, lease, lease purchase of social housing, housing serving the relocation, state-owned housing.
Give suggestion on programs for housing development of central-affiliated cities; conduct assessment of official residence, then submit the plan for development of official residence of central governments to the Prime Minister, approve projects on housing construction; make adjustments or impose suspension of residential construction projects as prescribed in this Law.
Management of housing, storage of documents on state-owned houses of central governments.
Investigate, release statistics, build system of database and communication of national housing, manage, operate, develop, and provide database and information about national housing.
Research, apply science and technology, and raise public awareness of legal knowledge about housing.
Provide training courses in management of apartment buildings, recognize institutions providing training courses in management of apartment buildings; regulate the grant of Certificates of training in management of apartment building; regulate and recognize the classification of apartment buildings.
Provide guidance, expedite, inspect, and deal with complaints, dispute, denunciation and violations against regulations in housing.
Cooperate internationally in the housing fields.
Carry out other assignments in the housing fields as prescribed in this Law or given by the Government or the Prime Minister.

Article 176. Housing inspection

Construction Inspectorate of the Ministry of Construction or Services of Construction shall perform administrative or specialist inspection to organizations, households or individuals involved in development, management and use of housing.
Specialist inspection of housing includes:
a) Inspection of the observance of law conducted by organizations, households or individuals involved in development, management and use of housing;
b) Discover, prevent and handle within their competence or request the competent agency to handle violations against law on housing.
The Ministry of Construction shall take responsibility for specialist inspection of national housing. Services of Construction shall take responsibility for specialist inspection of local housing.
The Government shall provide guidance on this Article.

Chapter XII
SOLUTIONS TO DISPUTE, COMPLAINTS, DENUNCIATION AND VIOLATIONS AGAINST LAW ON HOUSING
Section 1: SOLUTIONS TO DISPUTE, COMPLAINTS, DENUNCIATION OF HOUSING
Article 177. Solutions to dispute about housing

The State encourages parties in solving dispute about housing through conciliation.
The dispute about the homeownership, right to enjoyment of housing under ownership of organizations or individuals, the dispute about agreements on housing, management of apartment building shall be settled by the People’s Court as prescribed.
The dispute about management and use of state-owned houses shall be settled by People’s Committees of provinces if that houses are under management of local governments, the Ministry of Construction shall settle houses under management of central governments; in case any organization or individual does not agree with the decision made by the People’s Committee of the province or the Ministry of Construction, they have rights to file a lawsuit at the People’s Court as prescribed in law on administrative procedural.
The dispute about funding for management of apartment building, management and use of funding for maintenance of the common areas in the apartment building shall be settled by the People’s Committee of the province where the housing subject to dispute is located; if any organization or individual does not agree with the decision made by the People’s Committee of the province, they have rights to file a lawsuit at the People’s Court as prescribed in law on administrative procedural.

Article 178: Complaints, denunciation and solutions to complaints, denunciation of housing

The complaints, denunciation and solutions to complaints, denunciation of housing shall comply with the Law on complaints and the Law on denunciation.
When the decision on settlement of complaints or denunciation issued by the competent agency in charge of housing or the verdict delivered by the Court takes effect, relevant parties must implement that decisions or verdicts.

Section 2: SOLUTIONS TO VIOLATIONS AGAINST LAW ON HOUSING
Article 179. Solutions to violations against law on housing

Any person committing violations against law on housing shall face administrative sanction or face a criminal prosecution as prescribed according to nature and severity of their violations.
Any person on duty committing violations below shall be disciplined, face administrative sanction, or face a criminal prosecution according to nature and severity of the violations:
a) Misuse position, entitlement to commit violations against regulations on approval of policies on residential construction projects; assessment and approval of residential construction projects; decision and assessment of housing selling prices, rents, or lease purchase prices; implementation of policies on housing support; determination of financial obligations of housing; management and provision of information about housing and other regulations relating to development, management and transactions in housing as prescribed in this Law;
b) Lack of responsibility for management leading to violations against law on housing, or other violations causing damage to benefits of the State, lawful rights and interests of organizations, households or individuals involved in housing development, homeowners and lawful occupiers;
c) Commit violations against regulations on administrative procedures in housing fields, regulations on reports, statistics in development and management of housing.
The Government shall provide guidance on this Article.

Article 180. Solutions to violations against law on housing in case of damages to the State, organizations, households or individuals
Any person who both commits violations against law on housing and causes damages to benefits of the State, lawful rights and interests of organizations, households or individuals, he/she shall be both handled as prescribed in Article 179 of this Law and paid compensation to the State and those suffering damages.
Chapter XIII
IMPLEMENTATION
Article 181. Effect

This Circular shall take effect from July 1, 2015.
The Law on Housing No. 56/2005/QH11 which is amended by the Law No. 34/2009/QH12 and the Law No. 38/2009/QH12, the Resolution No. 19/2008/QH12 of the National Assembly on pilot permission for foreign entities entitled to buy and own housing in Vietnam shall be annulled from the effective date of this Law.

Article 182. Transitional provisions

The projects on housing construction which are approved before the effective date of this law shall not approved as prescribed in this Law, unless they are required to adjust the projects because the State adjusts the approved planning, or it is required to reserve land for commercial housing construction for social housing construction or reserve land of social housing for lease as prescribed in this Law.

Any social housing development project which is approved policies on investment shall comply with this Law regardless of not subject to any program or plan for local housing development.

In case the buyer received the commercial housing from the investor but he/she has not applied to the competent agency for the Certificate of that house up to the effective date of this Law, he/she entitled to transfer the agreement on sale of that house as prescribed in this Law.
If an apartment building set up its management board before the effective date of this Law, its owners may hold the election of management board operating according to model prescribed in this Law or remain the model until the end of the tenure of the management board.
If there are agreements on housing sale, or lease purchase which are concluded before the effective date of this Law but the terms about housing warranty, housing area for sale or lease purchase are different from regulations in this Law, the contracting parties shall keep performing the signed agreement or renegotiate as prescribed in this Law.
The Government shall provide guidance on this Article.

Article 183. Specific provisions
The Government and the competent agencies shall provide guidance on Clauses and Articles in this Law.
This Law is passed by the National Assembly of the Socialist Republic of Vietnam session XIII, 8th plenum on November 25, 2014.

PRESIDENT OF THE NATIONAL ASSEMBLY
Nguyen Sinh Hung

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Decree No. 43/2014/ND-CP of May 15, 2014

mplawadmin — Thu, 15 May 2014 16:27:37 +0000

THE GOVERNMENT ——-	THE SOCIALIST REPUBLIC OF VIETNAM Independence – Freedom – Happiness —————
No. 43/2014/ND-CP	Hanoi, May 15, 2014

DECREE

DETAILING A NUMBER OF ARTICLES OF THE LAND LAW

Pursuant to the December 25, 2001 Law on Organization of the Government;
Pursuant to the November 29, 2013 Land Law;
At the proposal of the Minister of Natural Resources and Environment,
The Government promulgates the Decree detailing a number of articles of Land Law No. 45/2013/ND-CP.
Chapter I

GENERAL PROVISIONS

Article 1. Scope of regulation

This Decree details a number articles and clauses of Land Law No. 45/2013/QH13 (below referred to as the Land Law).
Other decrees of the Government shall detail a number of articles and clauses of the Land Law concerning compensation, support, resettlement; land prices; collection of land use levy; collection of land and water surface rentals; and sanctioning of land-related administrative violations.

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 task of uniform state management of land.
Land users defined in Article 5 of the Land Law.
Other subjects involved in land management and use.

Article 3. Determination of land types
The determination of a land type in cases land is used without the papers prescribed in Clauses 1, 2 and 3, Article 11 of the Land Law must comply with the following provisions:

In case of current stable use of land which is acquired not through illegal encroachment, occupation or change of land use purpose, the land type shall be determined based on the current land use status.
In case of use of land which is acquired through illegal encroachment, occupation or change of land use purpose, the land type shall be determined according to the land origin and the process of land management and use.
For a land parcel which is currently used for different purposes (other than residential land with gardens and ponds in the same parcel), the determination of land type must comply with the following provisions:

a/ In case boundaries of land areas used for different purposes can be determined, the land parcel shall be divided into smaller parcels according to their use purposes which shall be determined according to the current use status of such parcels;
b/ In case boundaries of land used for different purposes cannot be determined, the main land use purpose shall be determined according to the current land type with the highest price in the land price table promulgated by the People’s Committee of the province or centrally run city (below collectively referred to as the provincial-level People’s Committee). In case of land use after a land use master plan is approved by a competent agency, the determination of the main use purpose shall be based on such master plan.

In case of land on which a condominium for mixed purposes is built before July 1, 2014, with the floor area of the condominium partly used as offices, commercial or service establishments, the main use purpose of the land area for building the condominium shall be determined as residential purpose.
Agencies to determine land types specified in Clauses 1, 2, 3 and 4 of this Article are provincial-level People’s Committees, for organizations, religious institutions, foreign-invested enterprises, and foreign organizations with the diplomatic function; People’s Committees of districts, towns or provincial cities (below collectively referred to as district-level People’s Committees), for households, individuals, communities and overseas Vietnamese. In case of land recovery, agencies competent to determine land types are those competent to recover land in accordance with the land law.

Chapter II
THE SYSTEM OF LAND ADMINISTRATION ORGANIZATION AND SERVICES IN THE LAND MANAGEMENT AND USE
Article 4. Land administration agencies

Local land administration agencies include:

a/ Land administration agencies of provinces and centrally run cities which are provincial- level Natural Resources and Environment Departments;
b/ Land administration agencies of districts, towns and provincial cities which are district-level Natural Resources and Environment Divisions.

Provincial-level People’s Committees and district-level People’s Committees shall organize land administration apparatuses in their localities; district-level People’s Committees shall appoint cadastral officers of communes, wards and townships to perform land administration tasks.
The Ministry of Natural Resources and Environment shall assume the prime responsibility for, and coordinate with the Ministry of Home Affairs in, specifying the functions, tasks and organizational structures of local land administration agencies and tasks of cadastral officers of communes, wards and townships.

Article 5. Provision of land-related services

Land registration offices:

a/ Land registration offices are public non-business units of provincial-level Natural Resources and Environment Departments established or reorganized by provincial-level People’s Committees on the basis of consolidating existing land use rights registration offices of provincial-level Natural Resources and Environment Departments and district-level Natural Resources and Environment Divisions in localities; have the legal person status, own working offices and seals and may open accounts for their operation in accordance with law.
Land registration offices have the functions of registering land and other land-attached assets; compiling, managing, updating and uniformly revising cadastral dossier and land databases; making land statistics and inventory; providing land information to organizations and individuals at their request under regulations;
b/ Land registration offices have branches in districts, towns and provincial cities. Branches of land registration offices may perform the functions and tasks and exercise the powers of land registration offices under decisions of provincial-level People’s Committees;
c/ Operation funds of land registration offices must comply with regulations on finance of public non-business units.

Land fund development organizations:

a/ Land fund development organizations are public non-business units established in accordance with the law on establishment, reorganization and dissolution of public non-business units; have the legal person status, own working offices and seals and may open accounts for their operation in accordance with law; have branches in districts, towns and provincial cities. For localities that currently have both provincial-level and district-level land fund development organizations, these organizations shall be consolidated.
Land fund development organizations have the functions of creating, developing, managing and exploiting land funds; organizing the payment of compensations, provision of support, and resettlement; receiving land use rights transferred by organizations, households and individuals; organizing the auction of land use rights and providing other services.
b/ Operation funds of land fund development organizations must comply with regulations on finance of public non-business units.

Land-related services, including:

a/ Surveying and assessing land; improving land;
b/ Elaborating land use master plans and plans;
c/ Measuring and making cadastral maps and dossier, building land databases, making dossiers for grant of certificates of land use rights and ownership of houses and other land- attached assets;
d/Providing consultancy on determination of land prices;
dd/ Auctioning land use rights;
e/ Paying compensations, providing support and organizing resettlement.

The Ministry of Natural Resources and Environment shall assume the prime responsibility for, and coordinate with the Ministry of Home Affairs and the Ministry of Finance in. specifying the organizational structures, tasks and operation mechanism of land registration offices and land fund development organizations.
Land registration offices and land fund development organizations must be established or reorganized before December 31, 2015. Pending the establishment or reorganization of offices or organizations defined in Clauses 1 and 2 of this Article, previously established land use rights registration offices and land fund development centers may continue operating according to their assigned functions and tasks.

Article 6. Land development fund

Land development funds mentioned in Article 111 of the Land Law shall be established in accordance with the law on establishment, reorganization and dissolution of public non-business units or entrusted to the development investment funds or other financial funds of localities before January 1, 2015. Land development funds are state financial institutions attached to provincial-level People’s Committees, have the legal person status, conduct independent accounting, have own seals and may open accounts at the State Treasury and credit institutions for their operation in accordance with law.

Land development funds established before July 1, 2014, may continue operating under this Decree.

Financial sources of land development funds shall be incorporated in local budget estimates, allocated from the state budget right upon their establishment and annually supplemented; and may be mobilized from other sources, including aid, financial assistance, support or sources entrusted for management of international organizations, domestic and foreign organizations and individuals under aid, financial assistance or entrustment programs or projects.

Based on annual land use plans, provincial-level People’s Committees shall submit to People’s Councils of the same level for decision state budget allocations for land development funds upon their establishment and specific annual additional allocations for the funds suitable to their local conditions.

Land development funds shall be used to advance capital for land fund development organizations and other organizations to pay compensations for ground clearance and create land funds under land use master plans and plans approved by competent agencies.
The Ministry of Finance shall submit to the Prime Minister for promulgation a model regulation on management and use of land development funds; and prescribe the allocation, accounting, settlement and finalization of land development funds, mobilization and use of financial sources of land development funds, and a mechanism of entrustment to development investment funds and other financial funds of localities in case no land development fund is established under regulations on management of the State’s budget and financial funds.

Provincial-level People’s Committees shall base themselves on Clauses 1, 2 and 3 of this Article, the model regulation on management and use of land development funds promulgated by the Prime Minister and other relevant regulations to decide on establishment or adjustment of the functions and tasks of previously established land development funds and on the organizational structure, financial sources and operation mechanism of land development funds to suit local conditions and situations.
Chapter III
LAND USE MASTER PLANS AND PLANS
Article 7. Elaboration and modification of land use master plans and plans

The responsibility to determine the land use demand in the elaboration and modification of national land use master plans and plans is prescribed as follows:

a/ Ministries and sectors shall determine the land use demands and propose projects in the sectors and fields under their management in provincial-level administrative units; provincial- level People’s Committees shall determine the land use demands of their localities;
b/ Ministries, sectors and provincial-level People’s Committees shall send reports on their land use demands to the Ministry of Natural Resources and Environment within 45 days after receiving the latter’s written request for registration of land use demands;
c/ The Ministry of Natural Resources and Environment shall summarize and balance the land use demands and plan on the allocation of national land use norms to every socioeconomic region and provincial-level administrative unit.

Provincial-level land use master plans and plans:

a/ The responsibility to determine the land use demands in the elaboration and modification of provincial-level land use master plans and plans:
Provincial-level departments and sectors shall determine the land use demands and propose land-using projects within provincial-level land use norms for every district-level administrative unit; district-level People’s Committees shall determine the land use demands of their localities.
Provincial-level departments and sectors and district-level People’s Committees shall send reports on their land use demands to provincial-level Natural Resources and Environment Departments within 30 days after receiving the latter’s written requests for registration of land use demands.
Provincial-level Natural Resources and Environment Departments shall plan the allocation of national land use norms and list projects in the national land use master plan and plans for every district-level administrative unit; summarize and balance the land use demands and plan the allocation of provincial-level land use norms to every district-level administrative unit.
b/ Land use norms in provincial-level land use master plans include land use norms by land type and land use norms by functional zone.
Land use norms by land type include those based on land types allocated by the national land use master plan to provincial-level localities and those based on land types determined by provincial-level localities. Land use norms based on land types determined by provincial-level localities include land for cultivation of perennial trees; land for cultivation of other annual crops; rural residential land; urban residential land; land for construction of offices of state agencies; land for construction of offices of non-business organizations; land for construction of diplomatic facilities; land of industrial clusters; land for trading and services; land of non-agricultural production units; land used for mining activities; land for development of provincial-level infrastructure facilities; land of religious institutions; land used for cemeteries, graveyards, funeral service centers and crematories.
Land use norms by functional zone include agricultural production zones; forestry zones; nature and biodiversity conservation zones; industrial development zones; urban centers; trade- service zones; and rural residential zones.
c/ In case of necessity to change the sizes, locations and number of projects and works of the same land type without changing land use norms and areas according to use functions in approved land use master plans, provincial-level People’s Committees shall submit such changes to People’s Councils of the same level for approval and update to district-level land use master plans and plans for implementation.

District-level land use master plans and plans:

a/ The responsibility for determining the land use demands in the elaboration and modification of district-level land use master plans and plans:
District-level divisions and sections shall determine the land use demands and propose land-related projects on the list of district-level land use norms for every commune-level administrative unit; People’s Committees of communes, wards or townships (below referred to as commune-level People’s Committees) shall determine the land use demands of their localities.
District-level divisions and sections and commune-level People’s Committees shall send reports on their land use demands to district-level Natural Resources and Environment Divisions within 30 days after receiving the latter’s written requests for registration of land use demands.
District-level Natural Resources and Environment Divisions shall determine provincial- level land use norms and projects in provincial-level land use master plans and plans allocated to districts for every commune-level administrative unit; summarize and balance the land use demands and plan the allocation of district-level land use norms to every commune-level administrative unit.
b/ Land use norms in district-level land use master plans include land use norms by land type and land use norms by functional zone
Land use norms by land type include those based on land types allocated by provincial- level land use master plans to district-level localities and those based on land types determined by district- and commune-level localities. Land use norms based on land types determined by district and commune-level localities include other agricultural land; land for production of building materials and pottery; land for development of district- and commune-level infrastructure facilities; land for communal activities and public entertainment and recreation centers; land for belief activities; land with rivers, streams, canals, springs and special-use water surface; and other non-agricultural land.
Land use norms by functional zone include zones for cultivation of wet rice; zones for production of perennial industrial trees; protection, special-use and production forests; industrial parks and clusters; urban – trade – service centers; tourist resorts; rural residential areas, craft villages and non-agricultural production zones.

In the course of elaborating master plans and plans on use of national defense or security land, the Ministry of National Defense or the Ministry of Public Security shall coordinate with provincial-level People’s Committees in determining locations and areas of land types used for national defense and security purposes specified in Article 61 of the Land Law in their localities.
The Ministry of Natural Resources and Environment shall detail the order and contents of elaboration and modification of land use master plans and plans.

Article 8. Consultation on land use master plans and plans

A dossier for consultation on national, provincial-level or district-level land use master plan or plan comprises:

a/ A brief report on the land use master plan or plan, covering land use norms, a list of projects and works expected to be built in the period of land use master plan or plan;
b/ A land use master plan or plan map.

Reports on summarization, assimilation and explanation of public opinions on national land use master plans and plans shall be publicized on the website of the Ministry of Natural Resources and Environment and the General Department of Land Administration. For provincial- or district-level land use master plans and plans, public opinions shall be publicized on websites of provincial- or district-level People’s Committees.
The consultation with provincial-level People’s Committees on masterplans and plans on use of national defense and security land is prescribed as follows:

a/ The Ministry of National Defense or the Ministry of Public Security shall send dossiers for consultation on draft master plans and plans on use of national defense or security land to provincial-level People’s Committees. Within 30 days after receiving dossiers, provincial- level People’s Committees shall send their opinions to the Ministry of National Defense or the Ministry of Public Security;
b/ The Ministry of National Defense or the Ministry of Public Security shall summarize, assimilate and explain opinions of provincial-level People’s Committees and improve draft land use master plans and plans before submitting them to the Government for approval.
Article 9. Order of and procedures for appraisal and approval of land use master plans and plans

Order of and procedures for appraisal and approval of provincial-level land use master plans and plans:

a/ A provincial-level People’s Committee shall send the dossier of a land use master plan or plan to the Ministry of Natural Resources and Environment for appraisal;
b/ Within 5 days after receiving a complete and valid dossier of a land use master plan or plan, the Ministry of Natural Resources and Environment shall send such dossier to members of the Council for Appraisal of Land Use Master Plans and Plans for opinion;
c/ In case of necessity, within 10 days after receiving a complete and valid dossier, the Council for Appraisal of Land Use Master Plans and Plans shall conduct the site inspections and surveys in areas in which land use purposes are expected to change, especially areas in which the use purpose of rice cultivation, protection forest or special-use forest land is expected to change;
d/ Within 15 days after receiving a valid dossier, members of the Council for Appraisal of Land Use Master Plans and Plans shall send their written opinions to the Ministry of Natural Resources and Environment;
dd/ Within 10 days after the expiration of the time limit for collection of opinions, the Ministry of Natural Resources and Environment shall organize a meeting of the Council for Appraisal of Land Use Master Plans and Plans and send a notice of results of appraisal of the land use master plan or plan to the provincial-level People’s Committee;
e/ The provincial-level People’s Committee shall complete the dossier of the land use master plan or plan; submit it to the provincial-level People’s Council for approval; and then submit it to the Ministry of Natural Resources and Environment for approval;
g/ Within 10 days after receiving a complete and valid dossier, the Ministry of Natural Resources and Environment shall submit the provincial-level land use master plan or plan to the Government for approval.

Order of and procedures for appraisal and approval of district-level land use master plans:

a/ A district-level People’s Committee shall send the dossier of a land use master plan to the provincial-level Natural Resources and Environment Department for appraisal;
b/ Within 5 days after receiving a complete and valid dossier of a land use master plan or plan, the provincial-level Natural Resources and Environment Department shall send such dossier to members of the Council for Appraisal of Land Use Master Plans and Plans for opinion;
c/ In case of necessity, within 10 days after receiving a complete and valid dossier, the Council for Appraisal of Land Use Master Plans and Plans shall conduct the site inspections and surveys in areas where land use purposes are expected to change, especially areas where the use purpose of rice cultivation, protection forest or special-use forest land is expected to change;
d/ Within 15 days after receiving a valid dossier, members of the Council for Appraisal of Land Use Master Plans and Plans shall send their written opinions to the provincial-level Natural Resources and Environment Department;
dd/ Within 10 days after the expiration of the time limit for collection of opinions, the provincial-level Natural Resources and Environment Department shall organize a meeting of the Council for Appraisal of Land Use Master Plans and Plans and send a notice of results of appraisal of the land use master plan to the district-level People’s Committee;
e/ The district-level People’s Committee shall complete the dossier of the land use master plan; submit it to the district-level People’s Council for approval; and then submit it to the provincial-level Natural Resources and Environment Department for approval;
g/ Within 10 days after receiving a complete and valid dossier, the provincial-level Natural Resources and Environment Department shall submit the district-level land use master plan to the provincial-level People’s Committee for approval.

The order of and procedures for appraisal and approval of modifications of provincial- level land use master plans and plans must comply with Clause 1 of this Article; the order of and procedures for appraisal and approval of modifications of district-level land use master plans must comply with Clause 2 of this Article.
Order of and procedures for appraisal and approval of annual district-level land use plans:

a/ In the third quarter of every year, a district-level People’s Committee shall send the dossier of an annual land use plan of the subsequent year to the provincial-level Natural Resources and Environment Department for appraisal;
b/ Within 5 days after receiving a complete and valid dossier, the provincial-level Natural Resources and Environment Department shall send such dossier to members of the Council for Appraisal of Land Use Master Plans and Plans for opinion;
c/ Within 15 days after receiving a valid dossier, members of the Council for Appraisal of Land Use Master Plans and Plans shall send their written opinions to the provincial-level Natural Resources and Environment Department;
d/ Within 5 days after the expiration of the time limit for collection of opinions, the provincial-level Natural Resources and Environment Department shall organize a meeting of the Council for Appraisal of Land Use Master Plans and Plans and send a notice of results of appraisal of the land use plan to the district-level People’s Committee for completion of the dossier;
dd/ The provincial-level Natural Resources and Environment Department shall draw up a list of projects which need land recovery under Clause 3, Article 62 of the Land Law and report it to the provincial-level People’s Committee for submission to the provincial-level People’s Council for approval together with decision on allocation of the state budget for the payment of compensations for ground clearance at the year-end meeting of the provincial- level People’s Council;
e/ Based on the complete dossier of the annual district-level land use plan and the resolution of the provincial-level People’s Council, the provincial-level Natural Resources and Environment Department shall submit the plan to the provincial-level People’s Committee for approval before December 31.

Order of and procedures for appraisal and approval of national defense or security land use master plans and plans:

a/ The Ministry of National Defense or the Ministry of Public Security shall send the dossier of a land use master plan or plan to the Ministry of Natural Resources and Environment for appraisal;
b/ Within 5 days after receiving a complete and valid dossier, the Ministry of Natural Resources and Environment shall send such dossier to members of the Council for Appraisal of Land Use Master Plans and Plans for opinion;
c/ Within 15 days after receiving the dossier, members of the Council for Appraisal of Land Use Master Plans and Plans shall send their written opinions to the Ministry of Natural Resources and Environment;
d/ Within 10 days after the expiration of the time limit for collection of opinions, the Ministry of Natural Resources and Environment Department shall organize a meeting of the Council for Appraisal of Land Use Master Plans and Plans and send a notice of results of appraisal of the land use master plan or plan to the Ministry of National Defense or the Ministry of Public Security;
dd/ The Ministry of National Defense or the Ministry of Public Security shall complete the dossier of the land use master plan or plan and submit it to the Ministry of Natural Resources and Environment for approval;
e/ Within 10 days after receiving a complete and valid dossier, the Ministry of Natural Resources and Environment shall submit the national defense or security land use master plan or plan to the Government for approval.
Article 10. Conditions on organizations providing consultancy on the elaboration of land use master plans and plans

A non-business organization or an enterprise may provide consultancy on the elaboration of land use master plans and plans when fully meeting the following conditions:

a/ Having the function of providing consultancy on the elaboration of land use master plans and plans;
b/ Having at least 5 qualified persons meeting the conditions prescribed in Clause 2 of this Article.

A person may practice as a consultant on the elaboration of land use master plans and plans in an organization with the function of providing consultancy when fully meeting the following conditions:

a/ Having the civil act capacity;
b/ Possessing a university or postgraduate degree in land administration, cadastral or other professional fields related to land use planning;
c/ Having worked in the field of land use planning and other specialized planning for at least 24 months.
Article 11. Implementation of land use master plans and plans

Provincial- and district-level People’s Committees shall review master plans and plans of land-using sectors, fields and localities to ensure their conformity with land use master plans and plans decided or approved by competent state agencies.
Provincial-level People’s Committees shall direct and inspect district- and commune- level People’s Committees in specifically determining the actual areas and boundaries of rice cultivation, special-use forest and protection forest land.

Provincial-level People’s Committees must be answerable to the Prime Minister for protecting rice cultivation, special-use forest and protection forest land determined in land use master plans and plans.

The Ministry of Natural Resources and Environment must be answerable to the Prime Minister for inspecting the realization of land use norms in national and provincial-level land use master plans and plans and supervising localities, ministries and sectors in implementing land use master plans and plans.
In case some land use norms in land use master plans and plans, by the end of a land use planning period, remain unrealized but still conform with the same-level general socioeconomic development plan approved by competent state agencies, they may continue to be realized until land use master plans of the subsequent period are approved but within 12 months after the end of the previous land use planning period.

Article 12. Settlement of some matters related to land use master plans and plans arising after July 1, 2014

For localities that have land use master plans through 2020, district- and commune- level land use plans for the first 5 years of the period (2011-2015) approved by competent state agencies before July 1, 2014, may be used for the elaboration of district-level land use plans of 2015, modification of district-level land use master plans through 2020, and elaboration of annual land use plans in accordance with the Land Law.
For localities that have land use master plans through 2020, district-level land use plans for the first 5 years of the period (2011-2015) approved by competent state agencies and commune-level land use master plans and plans not yet approved before July 1, 2014, no commune-level land use master plans and plans shall be elaborated. Land use master plans through 2020, district-level land use plans for the first 5 years of the period (2011-2015) and products of projects on elaboration of commune-level land use master plans and plans for communes which are elaborating land use master plans and plans may be used for the elaboration of district-level land use plans of 2015, modification of land use master plans through 2020 and elaboration of annual land use plans in accordance with the Land Law.

Chapter IV
LAND RECOVERY, ALLOCATION, LEASE AND USE PURPOSE CHANGE
Article 13. Consultations with ministries on land-using projects on islands or in border or coastal communes, wards and townships

For projects with foreign direct investment on islands or in border or coastal communes, wards and townships not subject to approval or investment decision of the National Assembly or Prime Minister, before considering and approving the investment policy, provincial-level People’s Committees shall send written requests to the following ministries for opinion:

a/ The Ministry of National Defense, Ministry of Public Security and Ministry of Foreign Affairs, for land parcels on islands or in border communes, wards or townships;
b/ The Ministry of National Defense, for land parcels in coastal communes, wards or townships adjacent to land parcels used for national defense purposes, except the cases in which restricted areas have been determined under regulations;
c/ The Ministry of Public Security, for land parcels in coastal communes, wards or townships adjacent to land parcels used for security purposes.

Within 20 days after receiving a written request for opinion, the Ministry of National Defense, Ministry of Public Security and Ministry of Foreign Affairs shall send their written opinions to provincial-level People’s Committees.
In case projects specified in Clause 1 of this Article use rice cultivation, protection forest or special-use forest land under Point a, Clause 1, Article 58 of the Land Law, ministries shall be consulted before these projects are submitted to the Prime Minister.

Article 14. Detailed provisions on conditions on persons allocated or leased land by the State or permitted by the State to change land use purpose to implement investment projects
a/ Investment projects to build houses for sale or lease or both sale and lease in accordance with the housing law;
b/ Investment projects to deal in real estate associated with land use rights in accordance with the law on real estate business;
c/ Production or business projects not funded by the state budget.

The condition of financial capacity to ensure the land use according to the investment project’s schedule is prescribed as follows:

a/ Having own capital for implementation of the project equal to at least 20% of the total investment, for projects using less than 20 hectares of land; or to at least 15% of the total investment, for projects using 20 hectares of land or more;
b/ Being able to raise capital for implementation of the project from credit institutions, foreign bank branches and other organizations and individuals.

The identification of persons to be allocated or leased land by the State or permitted by the State to change the land use purpose to implement investment projects not in violation of the land law in case they are using land allocated or leased by the State for implementation of other investment projects must be based on the following grounds:

a/ Results of the handling of violations of the land law committed by local projects archived at provincial-level Natural Resources and Environment Departments;
b/ Contents of violations of the land law and results of the handling thereof publicized on the websites of the Ministry of Natural Resources and Environment and the General Department of Land Administration, for other local projects.

The examination of the conditions specified in this Article shall be conducted at the same time with the appraisal of the land use demands of investors upon the grant of investment certificates, appraisal of investment projects, elaboration of economic-technical reports or investment approval in accordance with the investment law and construction law in case of land allocation or lease not through the auction of land use rights or change of land use purpose. In case land use rights are auctioned, the examination of the above conditions shall be conducted before the auction of land use rights is organized.

Article 15. Force majeure circumstances which affect the land use schedule of investment projects and point of time for counting the land use term extension of 24 months in cases land is not put to use or the land use schedule is late

Force majeure circumstances which directly affect the land use schedule of investment projects allocated or leased land by the State under Point i, Clause 1, Article 64 of the Land Law include:

a/ Natural disasters, environmental disasters;
b/ Fires and epidemics;
c/ Wars;
d/ Other Force majeure circumstances as decided by the Prime Minister.

The point of time for counting the land use term extension of 24 months in case land is not put to use or the land use schedule is late is prescribed as follows:

a/ In case an investment project fails to put land into use for 12 consecutive months after receiving land handed over in the field, the investor may extend the land use term for 24 months counted from the 13^th month since the land handover;
b/ In case the land use schedule of an investment project is 24 months late compared with the schedule stated in the project documents since the land handover in the field, the point of time for counting the land use term extension of 24 months is the 25^th month since the planned time of completion of construction investment.
In case the project is allocated or leased land according to schedule, the land use term extension of 24 months shall apply to each land area allocated or leased as scheduled; the point of time for counting the land use term extension of 24 months is the 25^th month since the planned time of completion of construction investment in such land area.

Provincial-level People’s Committees shall review, handle and publicize on then websites investment projects that have failed to put land into use for 12 consecutive months or have land use schedules 24 months late compared with those stated in project documents; projects that have their land use terms extended; and projects that have late land use schedules due to Force majeure circumstances; and provide information to be publicized on the websites of the Ministry of Natural Resources and Environment and the General Department of Land Administration.

Article 16. Use of land for production and business purposes through purchase of land- attached assets, receipt of transferred or leased land use rights or receipt of land use rights contributed as capital
The use of land for production and business purposes through purchase of land-attached assets, receipt of transferred or leased land use rights or receipt of land use rights contributed as capital must adhere to the following principles:

It is conformable with approved and publicized district-level annual land use plans.
Localities no longer have clear ground areas for use for proper production and business purposes, except for projects in the sectors or areas eligible for investment incentives.
In case investors receive transferred land use rights but have to change the land use purpose, they may do so only after competent People’s Committees permit in writing the land use purpose change and land use term adjustment suitable to the use of land for production and business.
In case the land area for implementation of a production or business project has a land parcel on which the current land user has no right to transfer, lease or contribute land use rights as capital in accordance with the land law, the investor may reach agreement to purchase land-attached assets of the current land user and the State shall recover land, change the land use purpose and lease land to the investor for project implementation. The contract on purchase and sale of land-attached assets must clearly state that the asset seller voluntarily returns the land for recovery and lease by the State to the asset purchaser.

Article 17. Notification of land recovery, composition of land recovery enforcement boards, expenses for land recovery enforcement, settlement of complaints about and lawsuits against land recovery enforcement
The notification of land recovery, composition of land recovery enforcement boards, expenses for land recovery enforcement, settlement of complaints about and lawsuits against land recovery enforcement prescribed in Articles 61 and 62 of the Land Law must comply with the following provisions:

The natural resources and environment agency shall submit to the same-level People’s Committee for approval a plan on land recovery, investigation, survey, measurement and inventory, covering the following contents:

a/ Reason for land recovery;
b/ Area and location of the land parcel to be recovered as stated in the existing cadastral dossier or detailed construction master plan approved by a competent state agency. In case land is recovered according to the project implementation schedule, the land recovery schedule must be clearly stated;
c/ Plan on investigation, survey, measurement and inventory;
d/ Tentative plan on relocation and resettlement;
dd/ Assignment of the tasks of making and implementing a compensation, support and resettlement plan.

A notice of land recovery must have the contents specified at Points a, b, c and d, Clause 1 of this Article.
A land recovery enforcement board shall be composed of:

a/ Chairperson or vice chairperson of the district-level People’s Committee as the head;
b/ Members who are representatives of district-level finance, natural resources and environment, inspection, justice and construction agencies; the commune-level Fatherland Front Committee; the organization in charge of payment of compensations and ground clearance and the commune-level People’s Committee of the locality where the land is located, and some other members decided by the chairperson of the district-level People’s Committee.

The public security force shall base itself on land recovery enforcement plans to make plans to protect order and safety in the process of implementation of land recovery enforcement plans.
When enforcing the land recovery, if coerced persons refuse to receive their assets under Point c, Clause 4, Article 71 of the Land Law, enforcement boards shall hand over their assets to commune-level People’s Committees for preservation in accordance with law.
Persons whose land is recovered and related organizations and individuals may file lawsuits about land recovery in accordance with the law on complaints.

Pending the issuance of decisions on settlement of complaints, complainants shall continue to comply with land recovery decisions or land recovery enforcement decisions. In case state agencies competent to settle complaints conclude that the land recovery is unlawful, the uncompleted enforcement shall be stopped, issued land recovery decisions shall be cancelled and compensations for damage (if any) caused by land recovery decisions must be paid.
In case the land recovery is related to rights and interests of other organizations and individuals in the use of land in accordance with other relevant laws, the State shall recover land or enforce land recovery decisions under regulations before the rights and obligations related to the land use are completely settled between persons whose land is recovered and such organizations and individuals in accordance with relevant laws.
Chapter V
LAND REGISTRATION, GRANT OF CERTIFICATES OF LAND USE RIGHTS AND OWNERSHIP OF HOUSES AND OTHER LAND-ATTACHED ASSETS
Article 18. Other documents on land use rights specified at Point g, Clause 1, Article 100 of the Land Law
Other documents made before October 15, 1993, under Point g, Clause 1, Article 100 of the Land Law bearing names of land users include:

Land registers and field establishment registers made before December 18, 1980.
One of documents made during the process of land and field registration under the Prime Minister’s Directive No. 299-TTg of November 10,1980, on survey, classification and statistical registration of land and fields nationwide under the management of state agencies, including:

a/ Minutes of approval of commune-level land and field registration councils, determining that the current land use is lawful;
b/ Lists of lawful land use cases made by commune-level People’s Committees or commune-level land and field registration councils or district- or provincial-level land administration agencies;
c/ Applications for registration of land and field use rights, for cases in which documents specified at Points a and b of this Clause are unavailable.

Projects or lists or documents on emigration of people to build new economic zones or for resettlement approved by district- or provincial-level People’s Committees or competent state agencies.
Documents of state-run agricultural and forest farms on allocation of land to workers of these farms for building their houses (if any).
Documents having contents on ownership of houses and works; building and repair of houses and works certified or permitted by district- or provincial-level People’s Committees or state management agencies in charge of houses and construction.
Documents on temporary allocation of land by district- or provincial-level People’s Committees; written requests for land use approved by commune-level People’s Committees or agricultural cooperatives before July 1, 1980, or approved by district- or provincial-level People’s Committees.
Documents issued by competent state agencies on allocation of land to agencies and organizations for arrangement of land parcels to their officials, workers and employees for building houses on their own or for building houses to be distributed to their officials, workers and employees with non-state budget funds or contributions of such officials, workers and employees. In case of building houses with state budget funds, built houses shall be handed over to local housing management agencies for management and trading in accordance with law.
Copies of the documents specified in Article 100 of the Land Law and the documents specified in Clauses 2, 3, 4, 5, 6 and 7 of this Article must have certification of district- or provincial-level People’s Committees or specialized management agencies in case the original documents are lost and state agencies no longer preserve dossier of management of the grant of such documents.

Article 19. Entities ineligible for grant of certificates of land use rights and ownership of houses and other land-attached assets

Organizations and communities that are allocated land by the State for management in the cases specified in Article 8 of the Land Law.
Persons who are managing and using agricultural land belonging to the public-utility land funds of communes, wards or townships.
Persons who lease or sub-lease land from land users, except cases of leasing or subleasing land from investors building and dealing in infrastructure facilities in industrial parks, industrial clusters, export processing zones, hi-tech parks or economic zones.
Persons who receive land for use on a contractual basis in agricultural or forestry farms, agricultural or forestry enterprises, protection forest management boards or special-use forest management boards.
Current land users that fail to fully meet the conditions for grant of certificates of land use rights and ownership of houses and other land-attached assets.
Land users that fully meet the conditions for grant of certificates of land use rights and ownership of houses and other land-attached assets but have received land recovery notices or decisions of competent state agencies.
Organizations and commune-level People’s Committees that are allocated land by the State without land use levy for the purpose of construction of public facilities, including roads; water, petrol, oil and gas pipelines; power transmission and information communication lines; outdoor entertainment and recreation centers; cemeteries and graveyards for non-commercial purposes.

Article 20. Grant of certificates of land use rights and ownership of houses and other land-attached assets to households and individuals currently using land without documents on land use rights and having committed no violation of the land law
The grant of certificates of land use rights and ownership of houses and other land- attached assets (recognition of land use rights) to households and individuals that have been stably using land since before July 1, 2004, but have none of the documents specified in Article 100 of the Land Law, Article 18 of this Decree, and do not fall into any of the cases specified in Clause 1, Article 101 of the Land Law and Article 23 of this Decree, must comply with the following provisions:

For households and individuals that have been using land on which there are houses and other construction works since before October 15, 1993, and are now certified by commune- level People’s Committees of localities where such land is located that they are not involved in any land use dispute; if the land use at the time of submission of dossiers of application for certificates of land use rights and ownership of houses and other land-attached assets is conformable with approved land use master plans, detailed urban construction master plans or master plans on construction of rural residential areas or master plans on construction of new countryside (below collectively referred to as master plans), or is unconformable with these master plans but started before these master plans are approved or takes place in localities having no master plan, their land use rights may be recognized as follows:

a/ For a land parcel with houses which is smaller than or equal to the residential land recognition quota prescribed in Clause 4, Article 103 of the Land Law (below referred to as the residential land recognition quota), the whole area of the land parcel shall be recognized as residential land.
For a land parcel with houses which is larger than the residential land recognition quota, the residential land area to be recognized must be equal to the residential land recognition quota. In case the land area for construction of houses and works for daily life is larger than the residential land recognition quota, the actual construction area shall be recognized as residential land area;
b/ For a land parcel with construction works for production, commercial activities or provision of non-agricultural services, the actual construction area shall be recognized as land of non-agricultural production establishments, commercial or service land. The form of land use shall be recognized as land allocation with land use levy for stable and long-term use;
c/ For a land parcel with both houses and construction works for production, commercial activities or provision of non-agricultural services which is larger than the residential land allocation quota, the residential, non-agricultural production, commercial or service land area shall be recognized under Points a and b of this Clause;
d/ Land areas remaining after the determination is conducted under Points a, b and c of this Clause shall be determined as agricultural land and recognized under Clause 5 of this Article.

For households and individuals that have been using land on which there are houses and other construction works since before October 15, 1993, to before July 1, 2004, and are now certified by commune-level People’s Committees of localities where such land is located that they are not involved in any land use dispute; if their land use is conformable with approved land use master plans, or is unconformable with these master plans but started before these master plans are approved or takes place in localities having no master plan; and if there is no land recovery notice or decision of a competent state agency in case of compulsory recovery, their land use rights may be recognized as follows:

a/ For a land parcel with houses which is smaller than or equal to the residential land allocation quota prescribed in Clause 2, Article 143, and Clause 4, Article 144 of the Land Law (below referred to as the residential land allocation quota), the whole area of the land parcel shall be recognized as residential land.
For a land parcel with houses which is larger than the residential land allocation quota, the residential land area to be recognized must be equal to the residential land allocation quota. In case the land area for construction of houses and works for daily life is larger than the residential land allocation quota, the actual construction area shall be recognized as residential land area;
b/ For a land parcel with construction works for production, commercial activities or provision of non-agricultural services, the actual construction area shall be recognized as land of non-agricultural production establishments, commercial or service land under Point b, Clause 1 of this Article;
c/ For a land parcel with both houses and construction works for production, commercial activities or provision of non-agricultural services which is larger than the residential land allocation quota, the residential, non-agricultural production, commercial or service land area shall be recognized under Points a and b of this Clause;
d/ Land areas remaining after the determination is conducted under Points a, b and c of this Clause shall be determined as agricultural land and recognized under Clause 5 of this Article.

In case a land parcel is jointly used by many households and individuals, the residential land quota prescribed in Clauses 1 and 2 of this Article must be equal to the total residential land quota of such households and individuals.

In case a household or an individual uses many land parcels with houses bequeathed by their ancestors or inherits land use rights from their ancestors and is certified by the commune- level People’s Committee that it/he/she has been stably using land since before October 15, 1993, and commits no violation of the land law, the residential land quota shall be determined according to regulations for each of such land parcels.

The application of local regulations on residential land quotas to determine residential land areas in the cases specified in Clauses 1, 2 and 3 of this Article must comply with regulations effective at the time when land users submit valid dossiers for registration and grant of certificates of land use rights and ownership of houses and other land-attached assets.
A household or an individual that has been stably using land for the agricultural purpose since before July 1, 2004, which is now certified by the commune-level People’s Committee to be dispute-free, may have its/his/her land use rights recognized as follows:

a/ In case the household or individual is directly engaged in agricultural production, it/he/she shall be granted a certificate of land use rights and ownership of houses and other land-attached assets in the form of land allocation by the State with land use levy for the land area currently in use not exceeding the agricultural land allocation quota specified in Article 129 of the Land Law. The remaining agricultural land area (if any) shall be converted into land leased from the State;
b/ In case the household or individual is not directly engaged in agricultural production, it/he/she shall be granted a certificate of land use rights and ownership of houses and other land-attached assets in the form of land lease by the State for the land area currently in use. The land lease term must comply with Clause 2, Article 126 and Clause 4, Article 210 of the Land Law;
c/ For agricultural land in the same parcel with houses and other construction works which is not recognized as non-agricultural land specified in Clauses 1 and 2 of this Article, the household or individual currently using land shall be granted a certificate of land use rights and ownership of houses and other land-attached assets according to the current use purpose in the cases specified at Point a of this Clause. Land users that wish to change to a non-agricultural purpose shall carry out procedures for land use purpose change and pay land use levy in accordance with law.

The financial obligations for the grant of certificates of land use rights and ownership of houses and other land-attached assets in the cases specified in this Article shall be performed in accordance with law.
Houses and individuals that currently use land in the cases specified in Clauses 1, 2 and 5 of this Article but fail to meet the conditions for grant of certificates of land use rights and ownership of houses and other land-attached assets may temporarily use land in its current status until the State recovers land and shall make land declaration and registration under regulations.

Article 21. Bases for determining stable land use

Stable land use means consecutive use of land for a certain main purpose from the time of starting the use of land for such purpose to the time of grant of a certificate of land use rights and ownership of houses and other land-attached assets or to the time of issuance of a land recovery decision by a competent state agency in case no certificate of land use rights, certificate of house ownership and residential land use rights or certificate of land use rights and ownership of houses and other land-attached assets (below collectively referred to as certificate) has been granted.
The time of starting the stable land use shall be determined based on the time and contents related to the land use purpose stated in one of the following documents:

a/ Receipt of agricultural land use tax and house and land tax;
b/ Written record or decision on sanctioning of administrative violation in land use, written record or decision on sanctioning of administrative violation in the construction of land-attached facilities;
c/ Decision or judgment of a people’s court which has taken legal effect or judgment enforcement decision of a judgment enforcement agency which has been enforced regarding land-attached assets;
d/ Decision of a competent state agency on settlement of a land dispute which has taken legal effect; minutes of conciliation of a land dispute bearing signatures of disputing parties and certification of the commune-level People’s Committee of the locality where the disputed land is located;
dd/ Decision on settlement of a land use-related complaint or denunciation of a competent state agency;
e/ Document for registration of permanent residence or long-term temporary residence in a residential land-attached house; identity card or birth certificate, and electricity and water charge bills and other receipts bearing the house address at the registered land parcel;
g/ Document on assignment, allocation or distribution of house or land by the agency or organization assigned by the State to manage and use land;
h/ Document on purchase and sale of houses and other land-attached assets or documents on purchase and sale of land and transfer of land use rights bearing signatures of related parties;
i/ Maps, registers and documents on land survey and measurement in different periods;
k/ Declaration of houses and land for registration bearing the certification of the commune-level People’s Committee at the time of declaration and registration.

In case the points of time of land use shown in the documents specified in Clause 2 of this Article are inconsistent, the time of starting stable land use shall be determined according to the document showing the earliest date of land use.
In case none of the documents specified in Clause 2 of this Article is available or they do not clearly state the time of document establishment and land use purpose, there must be the commune-level People’s Committee’s certification of the time of starting land use and land use purpose based on opinions of persons who have once resided in the land by the time when the certification requester starts the land use in the residential area (village, hamlet or street quarter) where the land is located.

Article 22. Handling and grant of certificates of land use rights and ownership of houses and other land-attached assets to land-using households and individuals that commit violations of the land law before July 1, 2014

In case of use of encroached or occupied land of public-facility protection corridors after the State announces and puts up boundary landmarks of such corridors, or of encroached or occupied land of roads, roadsides and pavements after the State announces construction red lines, or of encroached or occupied land used for the construction of offices of state agencies, non-business works or other public facilities, the State shall recover land for returning to these works without granting certificates of land use rights and ownership of houses and other land- attached assets for encroached or occupied land areas.

In case due to adjustment of land use master plans and construction master plans approved by competent state agencies, encroached or occupied land areas no longer belong to public-facility protection corridors, lie within the redlined areas for construction of roads or for construction of offices of state agencies, non-business works or other public facilities, current land users may be considered for grant of certificates of land use rights and ownership of houses and other land-attached assets and shall perform the financial obligations prescribed by law.

Cases of use of encroached or occupied land which has been allocated by the State without land use levy to state-run agricultural and forestry farms, forest management boards, agricultural or forestry centers, stations, farms or companies shall be handled as follows:

a/ In case of use of encroached or occupied land areas planned for the protection and development of special-use forests or protection forests, provincial-level People’s Committees shall direct the recovery of such land areas for allocation to forest management boards for management and use. Persons currently using encroached or occupied land may be considered by forest management boards for contractual assignment of forest land for forest protection and development in accordance with the law on forest protection and development.
In case no forest management board exists, persons currently using encroached or occupied land may be allocated land by the State for use for the purpose of protection and development of protection forests and be granted certificates of land use rights and ownership of houses and other land-attached assets;
b/ In case of use of encroached or occupied land areas planned for the construction of public infrastructure facilities, provincial-level People’s Committees shall direct the recovery of such land areas for allocation to investors for the construction of such facilities.
Persons currently using encroached or occupied land may continue temporarily using such land until the State recovers the land but shall preserve the current land use status and make land declaration and registration under regulations;
c/ In case of use for agricultural production or construction of houses on encroached or occupied land areas which are not planned for the protection and development of special-use forests or protection forests, or for the construction of public infrastructure facilities, current land users may be considered for grant of certificates of land use rights and ownership of houses and other land-attached assets.
In case of use for agricultural production of land areas encroached or occupied during the period from July 1, 2004, to July 1, 2014, which are now still planned to be allocated to agricultural or forestry farms for management and use, provincial-level People’s Committees shall recover such land areas for returning to agricultural or forestry farms.

Cases of encroachment or occupation of unused land or of land use purpose change without permission of competent state agencies in case such permission is required in accordance with the land law shall be handled as follows:

a/ In case of use of land planned for use for the purposes specified in Articles 61 and 62 of the Land Law, the State shall recover the land before projects or works are implemented or constructed.
Persons currently using encroached or occupied land may continue temporarily using such land until the State recovers it but shall preserve the current land use status and make land declaration and registration under regulations;
b/ In case of use of land not falling into the case specified at Point a of this Clause, provincial-level People’s Committees shall direct the review and modification of land use master plans. Current land users may be considered for grant of certificates of land use rights and ownership of houses and other land-attached assets.

Households and individuals currently using self-reclaimed agricultural land areas which are conformable with land use master plans approved by competent state agencies and dispute-free may have their land use rights recognized by the State according to land quotas set by provincial-level People’s Committees. They shall change to lease land areas that exceed land quotas set by provincial-level People’s Committees.
Current land users stably using dispute-free land in the cases specified in Clause 1; Points a and c, Clause 2; and Point b, Clause 3 of this Article may be granted certificates of land use rights and ownership of houses and other land-attached assets as follows:

a/ For land parcels with houses, their residential land areas may be recognized under Point a, Clause 2, Article 20 of this Decree;
b/ Land parcels with non-residential construction works may be recognized under Point b, Clause 1 and Point b, Clause 2, Article 20 of this Decree;
c/ Land areas currently in use and determined as agricultural land may have land use rights recognized under regulations applicable to the cases specified in Clause 5, Article 20 of this Decree;
d/ Land users that are granted certificates of land use rights and ownership of houses and other land-attached assets specified in this Clause shall perform the financial obligations prescribed by law.
Article 23. Grant of certificates of land use rights and ownership of houses and other land-attached assets to households and individuals that are allocated land ultra vires

Cases of allocation of land ultra vires to households and individuals specified in this Article include cases in which heads of residential quarters or commune-level People’s Committees allocated land ultra vires under the land law in different periods; and cases in which organizations that are allocated or leased land by the State for use distributed or arranged such land to their officials, workers, employees or members for use for housing and other purposes.
In case land allocated ultra vires has been stably used since before October 15,1993, is dispute-free and conformable with land use master plans, current land users may be granted certificates of land use rights and ownership of houses and other land-attached assets for allocated land areas under Clause 1, Article 20 of this Decree.
For land allocated ultra vires and stably used in the period from October 15, 1993, to before July 1, 2014, which is dispute-free and conformable with land use master plans, certificates of land use rights and ownership of houses and other land-attached assets may be granted under Clause 2, Article 20 of this Decree.

For land parcels with gardens and ponds associated with houses or other construction works, the remaining areas without houses and other construction works shall be determined as agricultural land according to the current use status and land users that wish to change their use to non-agricultural purposes shall carry out procedures for land use purpose change.

Land users that are granted certificates of land use rights and ownership of houses and other land-attached assets specified in Clauses 2 and 3 of this Article shall perform the financial obligations prescribed by law.
The State shall not grant certificates of land use rights and ownership of houses and other land-attached assets for and shall recover all land areas allocated or leased ultra vires on and after July 1, 2014.

Article 24. Determination of residential land areas upon grant of certificates of land use rights and ownership of houses and other land-attached assets to households and individuals using land with gardens and ponds associated with houses

Land with gardens and ponds specified in Article 103 of the Land Law means land parcels with gardens and ponds associated with houses, including land parcels inside and outside residential quarters in the following cases:

a/ Land parcels with houses, gardens and ponds;
b/ Land parcels on which documents on land use rights specified in Clauses 1, 2 and 3, Article 100 of the Land Law and Article 18 of this Decree show houses, gardens and ponds which all have been actually used for the housing purpose.

Documents serving as bases for determination of residential land areas under Clauses 2, 3 and 4, Article 103 of the Land Law are those showing one or several use purposes, including housing or residential land purpose.
For land parcels with gardens and ponds associated with houses formed before December 18, 1980, for which current land users have one of the documents on land use rights specified in Clauses 1, 2 and 3, Article 100 of the Land Law and Article 18 of this Decree, which does not clearly indicate the residential land area, the residential land area to be recognized without land use levy is equal to the actual area of the land parcel in case the area of the land parcel is smaller than five times the residential land allocation quota, or equal to five times the residential land allocation quota in case the area of the land parcel is larger than five times the residential land allocation quota in accordance with the Land Law.
For land areas remaining after the determination of residential land areas under Article 103 of the Land Law and Clause 3 of this Article, and currently used as gardens and ponds which are requested by land users to be recognized as residential land or other non- agricultural land, land users may be granted certificates of land use rights and ownership of houses and other land-attached assets according to such use purpose and shall perform the financial obligations prescribed by law.
Residential land areas of households and individuals in case of residential land parcels with gardens and ponds for which certificates are granted before July 1, 2014, shall be determined as follows:

a/ If households and individuals using land parcels with gardens and ponds associated with houses are granted certificates before July 1, 2014, residential land areas shall be determined to be areas stated in the granted certificates;
b/ If by the time of grant of previous certificates, land users had one of the documents specified in Clauses 1, 2 and 3, Article 100 of the Land Law and Article 18 of this Decree but residential land areas are neither determined under Clauses 2, 3 and 4, Article 103 of the Land Law and Clause 3 of this Article and nor re-determined under Points b and c, Clause 1, Article 45 of the Government’s Decree No. 181/2004/ND-CP of October 29,2004, on implementation of the 2003 Land Law, and now land users file written requests for re-determination of their residential land areas or the State recovers re-determined residential land areas under Clauses 2, 3 and 4, Article 103 of the Land Law and Clause 3 of this Article, households and individuals are not required to pay land use levy and are entitled to compensations when the State recovers land areas re-determined as residential land.
Article 25. Grant of certificates of land use rights and ownership of houses and other land-attached assets to domestic organizations currently using land not falling into the cases specified in Article 46 of this Decree

Domestic organizations currently using land without certificates shall review and declare the current land use status and report such to provincial-level People’s Committees of localities where the used land is located.
Based on reports on current land use status of the above organizations, provincial-level People’s Committees of localities where the used land is located shall inspect the current land use status and decide to handle as follows:

a/ For land areas currently used for proper purposes, competent state agencies shall determine the form of land use in accordance with law and grant certificates of land use rights and ownership of houses and other land-attached assets. In case of land use without documents specified in Article 100 of the Land Law and Article 18 of this Decree, the forms of land use specified in Articles 54, 55 and 56 of the Land Law shall be applied, while the form of land use specified in Article 56 of the Land Law shall be applied to land for construction of offices of socio-professional organizations;
b/ The land use term, for which certificates of land use rights and ownership of houses and other land-attached assets are granted under Point a of this Clause in case land users have documents on land use rights specified in Article 100 of the Land Law and Article 18 of this Decree, shall be determined according to such documents. In case land users have documents on land use rights which do not indicate a land use term or indicate a land use term not conformable with the land law, the land use term shall be determined under Article 126 of the Land Law and counted from October 15,1993, for cases of land use before October 15, 1993, or counted from the date of issuance of land allocation or lease decision, for cases of land use since October 15, 1993;
c/ Land areas used for improper purposes, land areas encroached or occupied due to irresponsibility, land areas leased or lent to other organizations, households and individuals, land areas unlawfully contributed as capital to joint ventures or undertakings, land areas not used for more than 12 months or left unused for more than 24 months behind schedule shall be handled under decisions of provincial-level People’s Committees in accordance with law;
d/ Land areas arranged by organizations to households and individuals being their officials, workers and employees for the housing purpose shall be handed over to district-level
People’s Committees of localities where such land areas are located, for management. For residential land areas currently used in conformity with master plans, certificates of land use rights and ownership of houses and other land-attached assets shall be granted to current land users, who shall perform the financial obligations prescribed by law;
dd/ For disputed land areas, provincial-level People’s Committees shall definitely settle such disputes in order to identify land users in accordance with law.
Article 26. Grant of certificates of land use rights and ownership of houses and other land- attached assets for land for construction of urban areas, rural residential areas and production and business areas with multiple use purposes

For land allocated to investors for implementing projects on construction of urban areas or rural residential areas while these projects have different construction items or different land areas used for different purposes prescribed in Article 10 of the Land Law, the locations and sizes of land areas used for each purpose shall be determined and certificates of land use rights and ownership of houses and other land-attached assets shall be granted as follows:

a/ Certificates of land use rights and ownership of houses and other land-attached assets shall be granted for each land parcel used for a certain purpose in conformity with the detailed construction plan approved by a competent state agency;
b/ The land areas used for construction of public facilities serving the community’s common interests inside and outside urban areas or rural residential areas under the investment projects and approved detailed construction plan shall be handed over to the localities for management without being granted certificates of land use rights and ownership of houses and other land-attached assets.

For land allocated to investors for implementing production and business projects which have different land areas used for different purposes, a single certificate of land use rights and ownership of houses and other land-attached assets shall be granted to the investor for the whole area of such land, which clearly indicates the locations and sizes of land areas used for each purpose prescribed in Article 10 of the Land Law. In case the investor so wishes, a certificate of land use rights and ownership of houses and other land-attached assets shall be granted for each land parcel used for a certain purpose in accordance with the land law and the approved detailed construction plan.

Article 27. Grant of certificates of land use rights and ownership of houses and other land-attached assets for land having historical-cultural relics or scenic spots
The grant of certificates of land use rights and ownership of houses and other land- attached assets for land having historical-cultural relics or scenic spots which have been ranked or are protected under decisions of provincial-level People’s Committees is prescribed as follows:

For land having independent historical-cultural relics or scenic spots which are currently used by agencies, organizations, communities, households or individuals, certificates of land use rights and ownership of houses and other land-attached assets shall be granted to these agencies, organizations, communities, households or individuals.
In case historical-cultural relics or scenic spots are areas with different land users and involving different types of land, certificates of land use rights and ownership of houses and other land-attached assets shall be granted to every land user and for each type of land in such areas. Land users shall comply with regulations on protection of historical-cultural relics and scenic spots.

Article 28. Grant of certificates of land use rights and ownership of houses-and other land-attached assets for land currently used by religious institutions

Religious institutions that are using land with pagodas, churches, chancels, monasteries, abbeys, religious schools, head offices of religious organizations or other religious institutions licensed by the State to operate but have not yet been granted certificates of land use rights and ownership of houses and other land-attached assets shall review and declare their land use and report to provincial-level People’s Committees on:

a/ The total land area currently used;
b/ Land areas classified by the religious institution by origin: land area allocated by a competent state agency; land area acquired from transfer; land area donated; land area borrowed from organizations, households or individuals; land area created by the religious institution itself; and land areas of other origins;
c/ Land areas lent, lent for residence, or leased by the religious institution to organizations, households or individuals;
d/ Land area encroached upon or occupied by other persons.

Provincial-level People’s Committees of localities where the land is located shall conduct field inspection, determine the boundaries of land parcels and make decisions as follows:

a/ For land areas used stably by organizations, households or individuals since before October 15, 1993, they shall base on land use demands of religious institutions and these organizations, households or individuals to make settlement decisions that ensure land use- related interests of the related parties and suit reality;
b/ For land areas used by organizations, households or individuals since between October 15, 1993, and before July 1, 2004, they shall make settlement decisions as in the case in which households or individuals borrow or rent land from other households or individuals in accordance with the land law;
c/ For land areas of religious institutions which have been expanded without permission of a competent state agency; are encroached upon or occupied; or are under dispute, they shall make definite settlement decisions in accordance with law.

For land areas of religious institutions which has been handled over under Clause 2 of this Article and meet the conditions prescribed in Clause 4, Article 102 of the Land Law, religious institutions shall be granted certificates of land use rights and ownership of houses and other land-attached assets in the form of land allocation without land use levy for a long and stable use term.

For land areas currently used by religious institutions for the purpose of agricultural production, forestry production or non-agricultural production and business, or used for charitable establishments (including land areas acquired through transfer or donated before July 1, 2004), certificates of land use rights and ownership of houses and other land-attached assets shall be granted in a form and with a land use term corresponding to such purpose as for households and individuals.
Article 29. Grant of certificates of land use rights and ownership of houses and other land-attached assets for land parcels smaller than the prescribed minimum area

For a currently used land parcel which was formed before the effective date of the provincial-level People’s Committee’s document on the minimum area of a land parcel eligible for splitting and which is smaller than the minimum area prescribed by the provincial-level People’s Committee but fully satisfies the conditions for grant of a certificate of land use rights and ownership of houses and other land-attached assets, the current user shall be granted such certificate.
Notarization, certification, grant of a certificate of land use rights and ownership of houses and other land-attached assets, and carrying out of procedures to exercise the rights of land users are not allowed in case land users arbitrarily divide the land parcels already registered and granted with the certificates into two or more smaller land parcels at least one of which is smaller than the minimum area prescribed by the provincial-level People’s Committee.
In case land users simultaneously apply for splitting of a land parcel smaller than the prescribed minimum area and for consolidation of this land parcel with another adjacent one to form a new land parcel equal to or larger than the minimum area of a land parcel eligible for splitting, they shall be allowed to split and consolidate the land parcels simultaneously and shall be granted a certificate of land use rights and ownership of houses and other land- attached assets for the new land parcel.

Article 30. Grant of certificates of land use rights and ownership of houses and other land-attached assets in case the land area of a user is located in different administrative units

In case a land user has a land area located in different communes, wards and townships but falling within the competence of the same certificate-granting agency, a single certificate of land use rights and ownership of houses and other land-attached assets shall be granted to such land user, which must indicate each land area located in each commune-level administrative unit.
In case a land user has a land area located in different communes, wards and townships and falling within the competence of different certificate-granting agencies, a certificate of land use rights and ownership of houses and other land-attached assets shall be granted for each land pared falling within the competence of each certificate-granting agency.

Article 31. House ownership certification
House owners eligible to own houses under the housing law and possessing papers proving the lawful formation of houses may have their house ownership certified according to the following provisions:

Domestic households and individuals must possess one of the following papers:

a/ House construction permit, in case construction permit is required under the construction law.
In case a house was built in contravention of the granted construction permit, written opinions of the construction licensing agency certifying that the improperly built area does not affect the safety of the house and is now compliant with the approved construction master plan are required;
b/ Contract on purchase and sale of a state-owned house under the Government’s Decree No. 61/CP of July 5, 1994, on purchase, sale and trading of houses, or paper on liquidation or sale of a state-owned house before July 5, 1994;
c/ Paper on handover or donation of a gratitude or great-unity house;
d/ Paper on house ownership, granted by competent authorities in different periods while such house is not subject to entire-people ownership establishment by the State under the XIth National Assembly’s Resolution No. 23/2003/QH11 of November 26, 2003, on houses and land managed and arranged by the State for use during the implementation of housing and land management policies and socialist reform policies before July 1, 1991, and the National Assembly Standing Committee’s Resolution No. 755/2005/NQ-UBTVQH11 of April 2, 2005, on the settlement of specific house- and land-related cases during the implementation of housing and land management policies and socialist reform policies before July 1, 1991;
dd/ Paper on purchase and sale, donation, exchange or inheritance of the house already notarized or certified by a competent People’s Committee under law.
For a house purchased, donated, exchanged or inherited from July 1, 2006 on, a paper on such transaction is required under the housing law.
For a house purchased from an enterprise building houses for sale, a contract on house purchase and sale signed between the purchaser and the seller is required;
e/ Legally effective judgment or decision of the people’s court or paper of the state agency competent to permit house ownership;
g/ An applicant for house ownership certification that possesses one of the papers specified at Points a, b, c, d, dd and e of this Clause which bears the name of another person is required to possess one of the papers on house purchase and sale, donation, exchange or inheritance before July 1, 2006, signed by the related parties and certified by the commune- level People’s Committee; for a house purchased, donated, exchanged or inherited before July 1, 2006, without a paper on such purchase, donation, exchange or inheritance signed by the related parties, the commune-level People’s Committee’s certification of the time of purchase, donation, exchange or inheritance of such house is required.
In case an applicant for house ownership certification possesses one of the papers specified at Points a, b, c, d, dd and e of this Clause while the current conditions of the house are inconsistent with such paper, the commune-level People’s Committee’s certification is required for the part of the house inconsistent with the paper as in the case prescribed at Point h of this Clause;
h/ A domestic individual who possesses none of the papers specified at Points a. b. c, d, dd and e of this Clause shall obtain the commune-level People’s Committee’s written certification that the house was completely built before July 1, 2006, before the land use master plan or construction plan was promulgated, or complied with the master plan in case the house was built after the land use master plan, the detailed urban construction plan or master plan on construction of rural residential areas was promulgated under law. For a house completely built since July 1, 2006, the commune-level People’s Committee’s written certification that die house is not subject to construction permit and satisfies the planning conditions like houses built before July 1, 2006, is required; for a house which was subject to construction permit but was built without such permit, the district-level construction management agency’s written approval of the existence of such house is required.

Overseas Vietnamese owning houses in Vietnam must possess the following papers:

a/ Paper on house purchase and sale, donation, inheritance or ownership in another form under the housing law;
b/ One of the papers of the transferor as prescribed in Clauses 1 and 3 of this Article.

Domestic organizations and overseas Vietnamese implementing investment projects and foreign organizations and individuals must possess papers prescribed below:

a/ In case of building houses for commercial purposes, one of the papers on projects on commercial housing development (project approval decision, investment decision, investment license and investment certificate) is required;
b/ In case of purchase, donation, inheritance or ownership of houses in another form as prescribed by law, a paper on such transaction is required in accordance with the housing law;
c/ For houses which were built in contravention of the papers specified at Points a and b of this Clause, written opinions of the construction licensing agency certifying that the improperly built area does not affect the safety of the houses and is now compliant with the approved construction master plan (if any) are required.

In case house owners are not land users, in addition to the papers on house ownership as specified in Clauses 1, 2 and 3 of this Article, a lawfully notarized or certified land lease contract, capital contribution contract, business cooperation contract or written approval of the land user of house construction and copies of papers on land use rights under the land law are required.

Article 32. Certification of ownership of non-residential construction facilities
Owners of non-residential construction facilities may have their ownership certified according to the following regulations:

Domestic households, individuals and communities must possess one of the following papers:

a/ Facility construction permit, in case construction permit is required under the construction law.
For facilities which were built in contravention of the granted construction permits, written opinions of the construction licensing agency certifying that the improperly built area
does not affect the safety of the facilities and is now compliant with the approved construction master plan are required;
b/ Papers on ownership of construction facilities, granted by competent authorities in different periods, unless the facilities have been managed and arranged by the State for use;
c/ Notarized or certified paper on purchase and sale, donation or inheritance of the construction facility as prescribed by law;
d/ Legally effective paper of the people’s court or a competent state agency proving the ownership of the construction facility;
dd/ An applicant for construction facility ownership certification who possesses one of the papers specified at Points a, b, c and d of this Clause which bears the name of another person is required to possess one of the papers on purchase and sale, donation, exchange or inheritance of construction facilities before July 1, 2004, signed by the related parties and certified by the commune- or higher-level People’s Committee; in case of purchase, donation, exchange or inheritance of construction facilities before July 1, 2004, without a paper on such purchase, donation, exchange or inheritance signed by the related parties, the commune-level People’s Committee’s certification of the time of purchase, donation, exchange or inheritance of the construction facility in the application for a certificate of land use rights and ownership of houses and other land-attached assets is required.
In case an applicant for construction facility ownership certification possesses one of the papers specified at Points a, b, c and d of this Clause while the current conditions of the facility are inconsistent with such paper, the commune-level People’s Committee’s certification is required for the part of the facility inconsistent with the paper as in the case prescribed at Point e of this Clause;
e/ In case a domestic individual possesses none of the papers specified at Points a, b, c and d of this Clause, the commune-level People’s Committee’s certification that the facility was completely built before July 1, 2004, before the land use master plan or construction plan is promulgated, or is compliant with the master plan, in case the facility was built after the land use master plan or construction plan is promulgated, is required.
For a facility completely built since July 1, 2004, the commune-level People’s Committee’s certification that the facility is not subject to construction permit and satisfies the planning conditions as for facilities built before July 1, 2004, is required; for a facility which was subject to construction permit but was built without such permit, the district-level construction management agency’s written approval of the existence of such facility is required.

Domestic organizations, religious institutions, foreign organizations, foreign individuals and overseas Vietnamese must possess papers prescribed below:

a/ In case of construction of new facilities under law, the project approval decision, project investment decision, investment license, investment certificate or construction permit granted by a competent state agency and the paper on land use rights under the land law or the land lease contract with the land user indicating the land use purpose conformable with the facility construction purpose, are required;
b/ In case of purchase and sale, donation, exchange, inheritance or in another form as prescribed by law, a lawful paper on such transaction is required;
c/ In case of unavailability of one of the papers specified at Points a and b of this Clause, the provincial-level construction management agency’s certification that the facility existed before the construction master plan is promulgated and is now compliant with the approved construction master plan is required;
d/ For facilities built in contravention of the papers specified at Points a, b and c of this Clause, the improperly built area shall be inspected by the construction licensing agency and is certified not to affect the safety of the facility and to be compliant with the approved construction master plan.

In case construction facility owners are not land users, in addition to the facility ownership papers specified in Clauses 1 and 2 of this Article, the lawfully notarized or certified written approval of the land user of the construction of the facility and copies of papers on land use rights under the land law are required.

Article 33. Certification of ownership of planted production forests
Owners of planted production forests whose capital used for forestation, money paid for acquisition of forests or money paid to the State upon allocation of forests with land use levy does not originate from the state budget and who possess one of the following papers may have their ownership certified:

Certificate or one of the papers specified in Article 100 of the Land Law and Article 18 of this Decree, which indicates that the State allocates land, leases land or recognizes land use rights for planting production forests;
Paper proving the allocation of planted production forests;
Lawfully notarized or certified contract or document on purchase and sale, donation or inheritance of planted production forests;
Legally effective judgment or decision of the people’s court or paper of a competent state agency on the ownership of planted production forests;
In case households, individuals or communities have none of the papers specified in Clauses 1, 2, 3 and 4 of this Article but have planted production forests with their own capital, the land registration office’s certification of their full satisfaction of the conditions for having land use rights recognized under the land law is required;
For domestic organizations that implement projects on planting production forests with capital not originating from the state budget, the project approval decision, project investment decision, investment license or investment certificate for planting production forests under the investment law is required;
For foreign-invested enterprises and overseas Vietnamese that implement projects on planting production forests, the project approval decision, project investment decision, investment decision, investment license or investment certificate for planting production forests under the investment law is required;
In case owners of planted production forests are not land users, in addition to the papers specified in Clauses 1 thru 7 of this Article, the legally notarized or certified written agreement of the land user permitting the use of land for forestation and copies of papers on land use rights under the land law are required.

Article 34. Certification of ownership of perennial trees
Owners of perennial trees may have their ownership certified if they possess one of the following papers:

Certificate or one of the papers specified in Article 100 of the Land Law and Article 18 of this Decree, which indicates that the State allocates land, leases land or recognized the land use rights for planting perennial trees as suitable to the land use purposes indicated in such certificate or paper;
Lawfully notarized or certified contract or document on purchase and sale, donation or inheritance of perennial trees;
Legally effective judgment or decision of the people’s court or paper of a competent state agency on the ownership of perennial trees;
In case households, individuals or communities have none of the papers specified in Clauses 1, 2 and 3 of this Article, the land registration office’s certification of their full satisfaction of the conditions for having land use rights recognized under the land law is required;
For domestic organizations, the project approval decision, project investment decision, investment certificate or investment license for planting perennial trees under the investment law is required;
In case owners of perennial trees are not land users, in addition to the papers specified in Clauses 1 thru 5 of this Article, the legally notarized or certified paper of the land user permitting the use of land for planting perennial trees and copies of papers on land use rights prescribed by the land law are required;
The Ministry of Agriculture and Rural Development shall assume the prime responsibility for, and coordinate with the Ministry of Natural Resources and Environment in, specifying types of perennial trees eligible for ownership certification.

Article 35. Land-attached assets ineligible for ownership certification upon grant of certificates of land use rights and ownership houses and other land-attached assets
Land-attached assets are ineligible for ownership certification in one of the following cases:

Land-attached assets on land parcels which fail to fully satisfy the conditions for grant of certificates of land use rights and ownership of houses and other land-attached assets as prescribed in the Land Law and this Decree;
Houses or other construction facilities which are temporarily built during the construction of main facilities or which are built with bamboo, leaf or earth; and auxiliary facilities which are outside the premises of main facilities and serve the management, use and operation of main facilities;
Land-attached assets for which competent state agencies have issued clearance or dismantlement notices or decisions or land recovery notices or decisions;
Houses or facilities which are built after a construction ban is announced; which encroach or occupy the protection corridors of technical infrastructure facilities or ranked historical-cultural relics; land-attached assets which are formed after the master plan is approved by a competent state agency but do not comply with the master plan approved at the time of grant of certificates of land use rights and ownership houses and other land-attached assets;
State-owned assets, except assets already determined as state capital contributions to enterprises under the guidance of the Ministry of Finance;
Land-attached assets not falling in the cases eligible for ownership certification as prescribed in Articles 31, 32, 33 and 34 of this Decree;
Assets formed as a result of illegal change of land use purpose.

Article 36. Grant of certificates of land use rights and ownership houses and other land- attached assets in case the State’s decisions on management of land and land-attached assets had been issued but have not yet been implemented
Households and individuals that are currently using land and land-attached assets for which state agencies’ decisions on management of such land and assets had been issued during the implementation of state policies but have not yet actually been implemented, may continue using them and may be considered for grant of certificates of land use rights and ownership of houses and other land-attached assets in accordance with law.
Article 37. Agencies granting certificates of land use rights and ownership of houses and other land-attached assets when land users exercise the rights of land users or owners of land-attached assets; renewal or re-grant of certificates

For localities in which land registration offices have been established under Clause 1, Article 5 of this Decree, provincial-level Natural Resources and Environment Departments shall grant certificates of land use rights and ownership of houses and other land-attached assets to land users and owners of land-attached assets who have been granted certificates, certificates of ownership of houses or certificates of ownership of construction facilities in the following cases:

a/ When land users or asset owners exercise the rights of land users or owners of land- attached assets, which requires the grant of new certificates of land use rights and ownership of houses and other land-attached assets;
b/ Renewal or re-grant of certificates, certificates of ownership of houses or certificates of ownership of construction facilities.

For localities in which land registration offices have not yet been established under Clause 1, Article 5 of this Decree, the grant of certificates to the subjects specified in Clause 1 of this Article is prescribed as follows:

a/ Provincial-level Natural Resources and Environment Departments shall grant certificates of land use rights and ownership of houses and other land-attached assets to religious organizations or institutions; overseas Vietnamese implementing investment projects; foreign organizations and individuals; and foreign-invested enterprises;
b/ District-level People’s Committees shall grant certificates of land use rights and ownership of houses and other land-attached assets to households, individuals, communities, and overseas Vietnamese eligible to own houses associated with the rights to use residential land in Vietnam.

The Ministry of Natural Resources and Environment shall define the subjects that are eligible for grant of certificates of land use rights and ownership of houses and other land- attached assets upon registration of changes in land or land-attached assets, and certify changes in the granted certificates.

Chapter VI
REGIME ON USE OF LAND OF DIFFERENT TYPES
Section 1. GENERAL PROVISIONS
Article 38. Use of state-allocated land by economic organizations for creating capital for infrastructure construction under projects or use of land originating from winning at the auction of land use rights before July 1, 2004

Economic organizations that are currently using land allocated by the State for a long and stable term for creating capital for infrastructure construction under the land law before July 1, 2004, may continue using such land for a long and stable term.
Economic organizations that are currently using land originating from winning at the auction of land use rights before July 1, 2004, for which the use term has not been determined, may continue using such land for a long and stable term.

Article 39. Transfer of investment capital being the value of land use rights

Foreign-invested enterprises may acquire investment capital being the value of land use rights transferred from enterprises that are currently using land originating from the allocation by the State with land use levy or lease by the State with full one-off rental payment for the entire lease period while the value of land use rights has been included in the capital of enterprises, except transfer of investment capital being the value of the rights to use agricultural production land or forestland.
When transferring investment capital, enterprises or owners of enterprises shall determine the capital amount being the value of land use rights in the total transferred capital amount, and fulfill tax, charge and fee obligations in accordance with law.

Article 40. Conditions for transfer or donation of land use rights of ethnic minority households and individuals that use land allocated by the State under the support policy

Ethnic minority households and individuals that use land allocated by the State under the support policy may only transfer or donate land use rights 10 years after land allocation decision is issued if the commune-level People’s Committee of the locality where the land is located certifies that they no longer need to use the land because they move from the commune, ward or township where they reside to other places or they shift to do other trades or they no longer have working capacity.
Organizations and individuals may not acquire or be donated land use rights from ethnic minority households or individuals that use land allocated by the State under the support policy if the latter do not fall in the cases eligible for transfer or donation of land use rights as prescribed in Clause 1 of this Article.

Article 41. Conditions for transfer of land use rights under investment projects on construction of houses for sale or for combined sale and lease

Conditions for investment projects on construction of houses for sale or for combined sale and lease to transfer land use rights in the form of dividing land parcels for sale include:

a/ The projects comply with district-level annual land use plans;
b/ Project investors shall complete the construction of infrastructure facilities including service, technical and social infrastructure facilities under the approved 1:500 detailed master plans, ensuring the connection with the common infrastructure systems of the areas before transferring land use rights to people for building houses, and ensuring the provision of essential services of electricity and water supply, water drainage and garbage collection;
c/ Projects investors shall fulfill all financial obligations related to the projects’ land, such as land use levy and land rental; and land-related taxes, charges and fees (if any);
d/ The projects are implemented in areas or urban centers of the types eligible for transfer of land use rights in the form of dividing land parcels for sale as prescribed in Clause 2 of this Article.

Investors of projects on construction of houses for sale or for combined sale and lease may transfer land use rights in the form of dividing land parcels for sale in the areas outside the inner districts of special urban centers; areas with strict requirements on landscape architecture, central areas, and around buildings that are prominent architectural points in urban centers; the frontages of regional- or higher-level roads and main landscape roads in urban centers.
Households and individuals that acquire land use rights for building houses shall build houses strictly according to the construction permits as well as approved detailed master plans and urban designs.
The Ministry of Construction shall assume the prime responsibility for, and coordinate with the Ministry of Natural Resources and Environment in, detailing this Article.

Article 42. Conditions for transfer of land use rights associated with the transfer of part or the whole of investment projects on construction and trading of houses
The transfer of land use rights associated with the transfer of part or the whole of investment projects on construction and trading of houses must satisfy the following conditions:

All the conditions prescribed in Clause 1, Article 188 of the Land Law;
The investors fulfill all financial obligations related to the projects’ land, such as land use levy and land rental; and land-related taxes, charges and fees (if any).
Transferees of land use rights associated with part or the whole of investment projects on construction and trading of houses conduct relevant business lines and satisfy the conditions prescribed in Article 58 of the Land Law and Articles 13 and 14 of this Decree.

Article 43. Handling of land use rights of state enterprises upon equitization

State enterprises that are currently using land allocated or leased by the State and are equitized may be allocated land by the State with land use levy under Clauses 2 and 4, Article 55 of the Land Law, or leased land with annual land rental payment or with full one-off rental payment for the entire lease period under Article 56 of the Land Law.
The value of land use rights upon equitization shall be handled under the Government’s regulations on equitization of state enterprises, ensuring adherence to the principle that the land price used for determining the value of land use rights is the specific land price decided by provincial-level People’s Committee as prescribed in Clause 3 and Point d, Clause 4, Article 114 of the Land Law.
Upon equitization of state enterprises, provincial-level People’s Committees shall review land areas currently used by the enterprises, handle such land areas and grant certificates of land use rights and ownership of houses and other land-attached assets under Article 102 of the Land Law and Article 25 of this Decree.

Section 2. AGRICULTURAL LAND
Article 44. Quotas for acquisition of agricultural land use rights of households and individuals
Quotas for acquisition of land for cultivation of annual crops, land for cultivation of perennial trees, land for planted production forests, land for aquaculture and land for salt production for each household or individual for agricultural purposes are applicable to the cases of transfer or acquisition of land use rights or debt handling as agreed in land use rights mortgage contracts, specifically as follows:

Land for cultivation of annual crops, land for aquaculture or land for salt production:

a/ Not exceeding 30 ha for each type of land, for provinces and centrally run cities in the southeastern region and the Mekong delta region;
b/ Not exceeding 20 ha for each type of land, for remaining provinces and centrally run cities.

Land for cultivation of perennial trees:

a/ Not exceeding 100 ha, for delta communes, wards and townships;
b/ Not exceeding 300 ha, for midland and mountainous communes, wards and townships.

Land for planted production forests:

a/ Not exceeding 150 ha, for delta communes, wards and townships;
b/ Not exceeding 300 ha, for midland and mountainous communes, wards and townships.

In case a household or an individual acquires agricultural land use rights in more than one province or centrally run city, the total area eligible for acquisition within quota for each type of land (land for cultivation of annual crops, land for cultivation of perennial trees, land for planted production forests, land for aquaculture or land for salt production) equals the quota eligible for acquisition of land use rights in the province or centrally run city in which the highest quota eligible for acquisition of land use rights is applicable.
In case a household or an individual acquires agricultural land use rights of different types of land (land for cultivation of annual crops, land for cultivation of perennial trees, land for planted production forests, land for aquaculture and land for salt production), the quota for acquisition of agricultural land use rights for this household or individual shall be determined for each type of land as prescribed in Clauses 1,2 and 3 of this Article.
Households and individuals that have used agricultural land in excess of the quotas for acquisition of land use rights prescribed in Clauses 1 thru 5 of this Article and had registered to transfer land use rights before July 1, 2007, may continue using the over-quota land areas like agricultural land within the quotas eligible for acquisition.
Households and individuals that have used agricultural land in excess of the quotas for acquisition of land use rights prescribed in Clauses 1 thru 5 of this Article and had registered to transfer land use rights between July 1, 2007, and before July 1, 2014, may continue using such land and shall shift to lease land from the State only for the over-quota land areas.

Article 45. Land for rice cultivation

Persons who are allocated or leased land specialized in wet rice cultivation by the State for use for non-agricultural purposes shall pay a sum of money for land reclamation and rehabilitation and investment in local infrastructure.
The determination and use of the sums of money specified in Clause 1 of this Article must comply with the Government’s regulations on management and use of land for rice cultivation.

Article 46. Management and use of land of agricultural and forestry companies after they are reorganized, renovated and developed to raise their operation efficiency

In the course of reorganization, renovation and development to raise their operation efficiency, agricultural and forestry companies that currently use land shall:

a/ Review the current land use status in terms of location and boundary for land management and use; land area used properly; land area used improperly; unused land area; land areas which are currently contracted, leased, lent, encroached upon, occupied, used for joint venture or investment cooperation and are under dispute;
b/ Propose land use plans based on the approved plans on reorganization, renovation and development of agricultural and forestry companies; local land use master plans and land use status.
A land use plan must indicate the location and boundary of land use; land area proposed to be retained for use by type of land, form of land use and land use term; and land area to be handed over to the locality.
c/ Report on land use plans to the natural resources and environment agency for appraisal before submitting them to the provincial-level People’s Committee for approval;
d/ Organize the implementation of the approved land use plans.

Provincial-level People’s Committees shall consider and approve land use plans of local agricultural and forestry companies; direct the determination of boundaries, placement of land use boundary landmarks under approved plans, making of land allocation and lease dossiers, and grant of certificates of land use rights and ownership of houses and other land- attached assets to the companies; and decide to recover the land areas handed over to localities under the approved land use plans.
The land areas retained by the companies for use under the approved land use plans which are illegally leased or lent; are encroached upon or occupied; or unlawfully used for joint venture or investment cooperation shall be handled as follows:

a/ For the land area which is illegally leased or lent or used by the companies for joint venture or investment cooperation, the companies shall terminate such illegal lease or lending or unlawful use and use the land area for proper purposes;
b/ The land area currently encroached upon or occupied shall be definitely handled and put to use.

For the land area handed over to localities, provincial-level People’s Committees shall make plans on its use in the following order of priority:

a/ Building public facilities;
b/ Allocating or leasing to local households and individuals that have no land or lack production land;
c/ Allocating or leasing to current land users if they so wish, provided that such use of land complies with local land use master plans.
Article 47. Inland land with water surface located in different provinces and centrally run cities

The use of inland land with water surface located in different provinces and centrally run cities must comply with approved land use master plans and plans and water resources master plans as well as the law on water resources.
Provincial-level People’s Committees or district-level People’s Committees shall lease inland land with water surface to economic organizations, households or individuals for investment in aquaculture, agricultural production or for combined agricultural and non- agricultural purposes according to their competence defined in Article 59 of the Land Law.
Land lessees defined in Clause 2 of this Article shall protect the environment and landscape and ensure that their land use does not affect the main purposes of facilities using inland land with water surface.

Article 48. Riparian and coastal alluvial land

District-level People’s Committees shall investigate, survey, monitor and assess the areas of riparian and coastal alluvial land that are regularly deposited or affected by landslide in order to make plans for land exploitation and use.
Competent state agencies shall consider and decide on lease of riparian and coastal alluvial land that are regularly deposited or affected by landslides to persons who need such land.
The Minister of Natural Resources and Environment shall detail the use of riparian and coastal alluvial land.

Section 3. NON-AGRICULTURAL LAND
Article 49. Use of land for construction of condominiums

Land for construction of condominiums or condominiums for combined residence and use as offices or trade and service establishments (below referred to as condominiums) includes land for construction of condominiums, land for use as yards and for planting flowers and trees around condominiums, and land for construction of infrastructure facilities.
Investors of condominium construction projects shall be allocated or leased land and granted certificates of land use rights and ownership of houses and other land-attached assets for the land area under these projects according to the following provisions:

a/ For the area of land for construction of condominiums and land for construction of infrastructure facilities used by investors for commercial purposes under the projects and approved detailed master plans, the investors shall be allocated or leased such land by the State and shall pay land use levy or land rental; they shall also be granted certificates of land use rights and ownership of houses and other land-attached assets;
b/ For the area of land used for roads and other infrastructure facilities serving people living in and outside the condominiums which is not used by investors for the provision of services under the investment projects, the investors shall be allocated or leased such land by the State for management and construction of facilities and do not have to pay land use levy or land rental; they shall not be granted certificates of land use rights and ownership of houses and other land-attached assets; the investors shall hand over such land to localities for management after completing the construction under the investment projects, detailed construction master plans and land allocation or lease decisions of competent agencies.

Land use rights and the grant of certificates of land use rights and ownership of houses and other land-attached assets under projects on construction of condominiums for sale or for combined sale and lease must comply with the following provisions:

a/ Investors shall hand over the land area under common use rights of owners of apartments, offices and trade and service establishments in the condominiums (below referred to as apartments), covering the area of land for construction of condominiums, land for use as yards and for planting flowers and trees around the condominiums and land for construction of infrastructure facilities outside the condominiums which directly serve the condominiums, to apartment owners for management and use under the investment projects. Investors shall clearly determine the locations, boundaries and land areas under common use rights under the investment projects, detailed construction master plans and layout designs for submission to competent agencies for approval; and in house purchase and sale contracts and as-built drawings for carrying out the procedures for grant of certificates of land use rights and ownership of houses and other land-attached assets to the purchasers.
b/ Land use rights mentioned at Point a of this Clause are common use rights which cannot be divided. The ratio of land use rights shall be the ratio of the area of an apartment to the total floor area of all apartments in a condominium. The use and disposition of land use rights in a condominium shall be decided by the majority of persons representing the ratio of land use rights but must serve the common interests of the community and comply with law;
c/ Apartment owners shall be granted certificates of land use rights and ownership of houses and other land-attached assets for the land area under common use as prescribed at Point a of this Clause for a long and stable term; the area of apartments shall be determined based on apartment purchase and sale contracts;
d/ Upon grant of certificates of land use rights and ownership of houses and other land- attached assets to apartment purchasers, the certificates already granted to investors prescribed in Clause 2 of this Article shall be adjusted to the form of common use for the land area specified at Point a of this Clause.
The land area under housing development projects outside the areas specified at Point b of Clause 2 and Point a of this Clause shall come under the use rights of investors, for which investors shall be granted certificates of land use rights and ownership of houses and other land-attached assets.
Article 50. Land for national defense or security purposes

Users of land for national defense or security purposes are defined as follows:

a/ Units under the Ministry of National Defense or the Ministry of Public Security shall be users of land for military barracks, except the case specified at Point c of this Clause; land for military bases; land for national defense works, battle fields and special works of national defense and security; public-duty houses of people’s armed forces; and land in the areas allocated by the Government exclusively to the Ministry of National Defense or the Ministry of Public Security for management, protection and use;
b/ Units directly using land are land users for land used for military railway stations and ports; land for industrial and science and technology facilities directly serving national defense and security; land for warehouses for people’s armed forces; land for shooting grounds, training grounds, and weapon testing or weapon destroying sites; land for construction of schools, hospitals and sanitaria 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;
c/ Military commands of provinces or centrally run cities; military commands of districts, towns or provincial cities; public security departments of provinces or centrally run cities; public security offices of districts, towns or provincial cities; public security offices of wards or townships; and border guard stations are users of land for construction of their offices.

Land for national defense or security purposes shall be properly used. For unused or improperly used land areas, provincial-level People’s Committees shall notify land users to put the land to proper use; 12 months after receiving such notification, if land users fail to put the land to proper use, provincial-level People’s Committees shall recover such land for allocation to others for use.
If wishing to change the land use purpose within the national defense or security land areas under approved master plans or plans on use of land for national defense or security purposes, land users shall submit written requests for permission for change of the land use purpose to provincial-level Natural Resources and Environment Departments, enclosed with written opinions of the Ministry of National Defense or the Ministry of Public Security.
Land currently managed and used by people’s armed force units but not under approved master plans on use of land for national defense or security purposes shall be handed over to localities for management and handled as follows:

a/ For land areas already allocated for households of officers and soldiers of the people’s armed force units for building houses under approved land use master plans or plans, the land users shall be granted certificates of land use rights and ownership of houses and other land- attached assets and shall fulfill all financial obligations prescribed by law;
b/ For land for non-agricultural production and business purposes which is currently used by national defense or security enterprises, these enterprises shall shift to lease such land under production and business plans approved by the Ministry of National Defense or the Ministry of Public Security;
c/ For land areas not specified at Points a and b of this Clause, provincial-level People’s Committees shall decide to recover them for allocation or lease for use in accordance with law.

Competent state agencies shall definitely handle disputed land areas for identifying land users.

Article 51. Land for industrial parks, export-processing zones and industrial clusters

The use term of land in industrial parks, export-processing zones and industrial clusters must correspond to the term of investment projects.

In case the term of an investment project is longer than the remaining use term of land of the industrial park, export-processing zone or industrial cluster, the enterprise that builds and commercially operates infrastructure of such industrial park, export-processing zone or industrial cluster shall seek permission from a competent state agency for adjustment of the land use term as appropriate, provided that the total land use term must not exceed 70 years, and it shall pay land use levy or land rental for the area eligible for use term extension.

Self-financed public non-business units that are assigned by competent agencies to build and commercially operate infrastructure of industrial parks or industrial clusters and are leased land by the State may sublease such land after having invested in infrastructure facilities therein.
Annually, enterprises that build and commercially operate infrastructure of industrial parks, export-processing zones or industrial clusters shall report to provincial-level People’s Committees and publicize the land areas not yet leased or subleased in such industrial parks, export-processing zones or industrial clusters on the websites of the enterprises and localities.

Article 52. Land for hi-tech zones

The use term of land for implementing projects on production and trading of hi-tech products; hi-tech research, development and application and training of human resources in hi-tech zones must comply with Articles 125 and 126 of the Land Law.
Land management responsibilities of hi-tech zone management boards are prescribed as follows:

a/ To coordinate with organizations in charge of compensation and ground clearance in providing compensation, support and resettlement;
b/ To submit to provincial-level People’s Committees for decision land use levy or land rental exemption and reduction for each project;
c/ To recover the leased land from land users that commit violations of the land law as prescribed at Points a, b, c, d, e, g and i, Clause 1, Article 64 of the Land Law; or from land users that terminate land use under law or voluntarily return land as prescribed at Points a, b, c and d, Clause 1, Article 65 of the Land Law; to manage the recovered land areas prescribed at this Point;
d/ To decide to allocate land without land use levy to users of land in hi-tech zones in the cases prescribed in Clauses 2 and 3, Article 54 of the Land Law;
dd/ To establish the order and administrative procedures related to land in hi-tech zones;
e/ To send land allocation, land lease or land use term extension decisions and extracts of cadastral maps or extracts of cadastral measurements of land areas to the land registration office for registration in the cadastral records and updating of the land database, and submit dossiers to competent agencies for grant of certificates of land use rights and ownership of houses and other land-attached assets.

Inspection, and settlement of land-related complaints, denunciations and disputes in hi-tech zones must comply with the laws on complaints, denunciations and land.
For hi-tech zones established and allocated land under decisions of provincial-level People’s Committees before July 1, 2014, the land management and use must comply with the following provisions:

a/ Hi-tech zone management boards shall comply with Points a, c, d, dd and e, Clause 2, of this Article; and may continue implementing the approved construction master plans;
b/ Hi-tech zone management boards may decide on land rental rates provided that the land price used for land rental calculation is not lower than the land price in the land price table prescribed by the provincial-level People’s Committee; and decide on land rental exemption and reduction for each project according to the Government’s regulations.
Article 53. Land for economic zones

Land management responsibilities of economic zone management boards are prescribed as follows:

a/ To coordinate with organizations in charge of compensation and ground clearance in providing compensation, support and resettlement;
b/ To decide on land use levy and land rental rates provided that the land price used for land use levy or land rental calculation is not lower than the land price in the land price table prescribed by the provincial-level People’s Committee; and on land use levy or land rental exemption and reduction for each project in case of land re-allocation or lease according to the Government’s regulations;
c/ To recover the re-allocated or leased land from land users that commit violations of the land law as prescribed at Points a, b, c, d, e, g and i, Clause 1, Article 64 of the Land Law; or from land users that terminate land use under law or voluntarily return land as prescribed at Points a, b, c and d, Clause 1, Article 65 of the Land Law; to manage the recovered land areas prescribed at this Point;
d/ To establish the order and administrative procedures related to land in economic zones;
e/ To send land allocation, land lease or land use term extension decisions and extracts of cadastral maps or extracts of cadastral measurements of the land area to the land registration office for registration in the cadastral records and updating of the land database, and submit dossiers to competent agencies for grant of certificates of land use rights and ownership of houses and other land-attached assets.

Inspection and settlement of land-related complaints, denunciations and disputes in economic zones must comply with the laws on complaints, denunciations and land.
The management and use of other land outside the functional areas of economic zones and other tasks related to the management of land in economic zones shall be performed by administrative agencies at all levels in accordance with the land law.

Article 54. Land for implementation of build-transfer (BT) and build-operate-transfer (BOT) projects

The State shall allocate land areas to investors for implementing BT projects; investors are not required to pay land use levy or land rental during the construction of facilities under approved projects and shall preserve the land areas allocated to them for management and use strictly according to the purposes indicated in the projects.

The transfer of facilities and land areas under these projects shall be conducted within the time limit written in approved investment projects or the extended time limit for transfer as permitted by competent state agencies. Past the time limit for transfer, if the investors fail to transfer, they shall lease land from the State, with the time of land lease starting from the end of the time of construction of facilities under the approved projects.

The State shall allocate or lease land to investors for implementation of BOT projects; investors are entitled to exemption from or reduction of land use levy or land rental under the Government’s regulations.
Persons who are transferred facilities for use and operation shall be allocated or leased land by the State or assigned to manage land areas with such facilities in accordance with the land law.

Article 55. Land for civil airports and airfields

Based on approved detailed master plans on airports and airfields, the Ministry of Transport shall assume the prime responsibility for, and coordinate with the Ministry of National Defense in, directing the determination of boundaries of areas exclusively used for civil activities and areas commonly used for civil and military activities under civil management.
Land used for the purposes specified at Points a and b, Clause 1, Article 156 of the Land Law shall be allocated for a stable and long term; land used for the purposes specified at Points c and d, Clause 1, Article 156 of the Land Law shall be leased for a term not exceeding 50 years. Upon the expiration of the land lease term, the current users may be considered for extension of the land lease term if they wish to continue using land.
Provincial-level People’s Committees shall decide on rent rates for land in airports and airfields in accordance with the land law.
For land areas allocated by provincial-level People’s Committees, airport authorities shall:

a/ Manage and use land properly and effectively;
b/ Examine the use of land and the fulfillment of land-related financial obligations by organizations and individuals that are allocated or leased land by the airport authorities;
c/ Decide to recover land from those that are allocated land by the airport authorities that fall in the cases specified at Points a, b, e, g and i, Clause 1, Article 64, and Points a, b, c and d, Clause 1, Article 65, of the Land Law. Decide to terminate land lease contracts with those breaching the contracts.

Inspection and settlement of complaints, denunciations and disputes related to land of airports and airfields must comply with the laws on complaints, denunciations and land.
The Ministry of Transport shall assume the prime responsibility for, and coordinate with the Ministry of Natural Resources and Environment in, detailing this Article.

Article 56. Land for construction of public facilities with safety protection corridors

For land for safety protection corridors of public facilities under decisions of competent state agencies while such facilities do not use surface land, land shall be leased only during the construction of the facilities.
Pursuant to competent state agencies’ regulations on the scope of safety protection corridors of facilities, organizations directly managing facilities with safety protection corridors shall assume the prime responsibility for, and coordinate with People’s Committees of localities where the facilities are built in, drawing plans on placement of boundary landmarks to specifically determine safety protection corridors and submit such plans to provincial-level People’s Committees of localities where the facilities are built, for approval; and at the same time, to notify People’s Committees at all levels of localities where the facilities are built, for coordination in the protection of their safety corridors.
Within 30 working days after having plans on placement of boundary landmarks to specifically determine safety protection corridors approved by provincial-level People’s Committees, organizations directly managing facilities with safety protection corridors shall assume the prime responsibility for, and coordinate with district-level People’s Committees and commune-level People’s Committees of localities where the facilities are built in, publicizing boundary landmarks of facilities protection corridors and place boundary landmarks in the field, then deliver such boundary landmarks to commune-level People’s Committees of localities where the facilities are built, for management.
Organizations directly managing facilities with safety protection corridors shall assume the prime responsibility for, and coordinate with commune-level People’s Committees and district-level Natural Resources and Environment Divisions of localities where the facilities are built in, reviewing the land use status within their safety protection corridors in order to propose handling measures to competent state agencies according to the following provisions:

a/ In case the use of land affects the safety protection of facilities or in case the operation of facilities directly affects the life or health of land users, agencies in charge of state management of such facilities shall appraise the level of impacts, and, if land recovery is needed, propose competent People’s Committees to decide on recovery of such land. Persons having land recovered are entitled to compensation and support for land and land-attached assets which already exist before the facilities’ safety corridors are publicized, and to resettlement in accordance with law.
In case the use of land affects the safety protection of facilities, their owners and land users shall take remedies. Facility owners shall take responsibility for such remedy; if they are unable to take remedies, the State shall recover land and persons having land recovered are entitled to compensation, support and resettlement in accordance with law;
b/ In the cases of land use not specified at Point a of this Clause, current users of land within facility safety protection corridors may continue using such land according to the set purposes and shall comply with regulations on facilities safety protection;
c/ Certificates of land use rights and ownership of houses and other land-attached assets shall be granted for land within facility safety protection corridors in case the conditions for grant of such certificates are fully met in accordance with the Land Law, unless land recovery notices of decisions have been issued.
Persons who are granted certificates of land use rights and ownership of houses and other land-attached assets may only use the land under Point b of this Clause.

Agencies and organizations directly managing facilities with safety protection corridors shall take main responsibility for the safety protection of the facilities. In case the safety protection corridors are encroached, occupied or illegally used, they shall promptly report the case to commune-level People’s Committees of localities where exist such corridors, for handling.
Chairpersons of People’s Committees at all levels of localities where facilities with safety protection corridors are located shall:

a/ Detect and promptly handle cases of encroaching upon, occupying or illegally using land areas within the safety protection corridors; promptly stop the illegal building of facilities on the land of the safety protection corridors; and force violators to restore the original status of land;
b/ Coordinate with agencies or organizations directly managing the facilities in disseminating regulations on safety protection of facilities and in publicizing boundary landmarks of the facilities’ safety protection corridors;
c/ Chairpersons of People’s Committees at all levels shall take joint responsibility for the cases of encroaching upon, occupying or illegally using land areas within the safety protection corridors of facilities in their localities in accordance with law.

The temporary use of land for construction of public facilities with safety protection corridors shall be agreed upon by construction units and land users in accordance with the civil law.

Article 57. Use of land for construction of underground facilities
Based on land use master plans and plans, master plans on space for urban underground construction and other relevant master plans approved by competent state agencies, provincial- level People’s Committees shall decide to allocate or lease land for the construction of underground facilities according to the following provisions:

Economic organizations, overseas Vietnamese and foreign-invested enterprises may be leased land by the State with annual land use levy or full one-off rental payment for the entire lease term if they use land to construct underground facilities for commercial purposes.
Economic organizations, overseas Vietnamese and foreign-invested enterprises may be allocated land by the State without land use levy if they use land to construct underground facilities not for commercial purposes.
The use of land for the construction of underground facilities in the form of BT or BOT projects must comply with Article 54 of this Decree.

Section 4. MANAGEMENT OF UNUSED LAND AND PUTTING OF UNUSED LAND TO USE
Article 58. Management of unused land

Unused land includes unused flatland, unused hilly and mountainous land and rocky mountains with no forests.
Annually, commune-level People’s Committees shall report on the management and exploitation of unused land areas to district-level People’s Committees.

Article 59. Measures to put unused land to use under approved land use plans

The State shall adopt policies on infrastructure investment in border, island, deep- lying, remote and highland areas, areas having much land but sparsely inhabited, and areas with difficult natural conditions in order to put unused land to use; and to exempt or reduce land use levy or land rental for cases of allocation or lease of unused land for use.
Provincial-level People’s Committees shall use revenues collected from the change of land under wet rice cultivation into land used for other purposes and other lawful funding sources for the reclamation, rehabilitation and use of unused land.

Chapter VII
ORDER AND ADMINISTRATIVE PROCEDURES FOR MANAGEMENT AND USE OF LAND
Section 1. GENERAL PROVISIONS
Article 60. Dossier submission and notification of results of implementation of land- related administrative procedures

Agencies receiving dossiers and notifying results of settlement of procedures for land allocation, land lease and change of land use purpose are prescribed as follows:

a/ Provincial-level Natural Resources and Environment Departments shall receive dossiers and notify results for the cases prescribed in Clause 1, Article 59 of the Land Law;
b/ District-level Natural Resources and Environment Divisions shall receive dossiers and notify results for the cases prescribed in Clause 2, Article 59 of the Land Law.

Agencies receiving dossiers and notifying results of settlement of procedures for registration of land and other land-attached assets; granting, renewing and re-granting certificates are land registration offices. In localities where land registration offices have not been established, provincial-level land use rights registration offices shall receive dossiers from organizations, religious institutions and overseas Vietnamese implementing investment projects, foreign organizations and individuals and foreign-invested enterprises; district- level land use rights registration offices shall receive dossiers from households, individuals, communities and overseas Vietnamese entitled to own houses associated with residential land use rights in Vietnam.

For households, individuals or communities wishing to submit dossiers to commune- level People’s Committees, commune-level People’s Committees of localities where the land is located shall receive dossiers and notify results. In case of registration of changes in land and land-attached assets; and grant and re-grant of certificates, within 3 working days after receiving a complete dossier, a commune-level People’s Committee shall forward that dossier to the land registration office.

Localities that have organized the one-stop-shop section for receiving dossiers and notifying results of implementation of administrative procedures according to the Government’s regulations, the agencies specified in Clauses 1 and 2 of this Article shall receive dossiers and notify results through the one-stop-shop section under decisions of provincial-level People’s Committees.
Hi-tech zone and economic zone management boards; and airport authorities are focal points for receiving dossiers and notifying results of implementation of land-related administrative procedures in hi-tech zones, economic zones, airports and airfields.
Results of settlement of administrative procedures shall be notified as follows:

a/ Results of settlement of administrative procedures shall be notified to land users and owners of land-attached assets within 3 working days after those results are available, except the case prescribed at Point b of this Clause;
b/ In case financial obligations related to administrative procedures shall be fulfilled, certificates of land use rights and ownership of houses and land-attached assets shall be handed over after land users and owners of land-attached assets submit documents on fulfillment of financial obligations under regulations. In case of land lease with annual rental payment, results shall be notified after land users have signed land lease contracts. In case of exemption from financial obligations related to administrative procedures, results shall be notified after receipt of a competent agency’s written certification of such exemption;
c/ For a dossier ineligible for settlement, the dossier-receiving agency shall return it and clearly notify the reason for its ineligibility.
Article 61. Time limit for implementation of land-related administrative procedures

The time limits for implementation of procedures for land allocation, land lease and change of land use purpose are prescribed as follows:

a/ Land allocation or lease: 20 days excluding the time for ground clearance;
b/ Change of land use purpose: 15 days.

The time limits for implementation of procedures for registration of land and land- attached assets; and grant and re-grant of certificates are prescribed as follows:

a/ Registration of land and land-attached assets, grant of certificates of land use rights and ownership of houses and other land-attached assets: 30 days;
b/ Registration and grant of certificates of land use rights and ownership of houses and other land-attached assets to acquirers of land use rights and ownership of houses or construction facilities from construction investment organizations: 30 days;
c/ Registration and grant of supplemented certificates of land use rights and ownership of houses and other land-attached assets for land-attached assets: 20 days;
d/ Registration of changes in land and land-attached assets in case of winning auctions of land use rights; settlement of land-related disputes, complaints or denunciations; handling of mortgage or capital contribution contracts; distraint or auction of land use rights and land-attached assets for judgment enforcement; division, split, consolidation or merger of organizations, company transformation; agreement on consolidation or division of land use rights and ownership of land-attached assets of households, husband and wife or groups of land users: 15 days;
dd/ Split or consolidation of land parcels; registration of land allocated by the State for management: 20 days;
e/ Extension of land use term: 15 days;
g/ Certification of continued use of agricultural land by households or individuals upon expiration of land use term: 10 days;
h/ Registration of establishment, change or termination of limited use rights on the adjacent land parcel: 10 days;
i/ Registration of changes as a result of change of names of land users or owners of land- attached assets or change of shape, size, area, number or address of land parcels or change of limitations on land use rights or change in financial obligations or change in land-attached assets compared with registered contents: 15 days;
k/ Shift from land lease with annual rental payment to lease with full one-off rental payment; from allocation of land by the State without land use levy to land lease; from land lease to allocation of land with land use levy: 30 days;
l/ Exchange, transfer, inheritance, donation and registration of contribution of land use rights and ownership of land-attached assets as capital: 10 days;
m/ Deregistration of contribution of land use rights and ownership of land-attached assets as capital: 5 working days;
n/ Registration, deregistration of mortgage, lease or sub-lease of land use rights: 3 working days;
o/ Transformation of land use rights and ownership of land-attached assets of husband or wife into common ownership of both husband and wife: 10 days;
p/ Renewal of certificates, certificates of house ownership or certificates of construction facility ownership: 10 days; in case of renewal of certificates for many land users due to redrawing of maps: 50 days;
q/ Re-grant of certificates, certificates of house ownership or certificates of construction facility ownership due to loss: 30 days.

The time limit for implementation of procedures for conciliation and settlement of land-related disputes is prescribed as follows:

a /Conciliation of land-related disputes: 45 days;
b/ Settlement of land-related disputes within the competence of chairpersons of district- level People’s Committees: 45 days;
c/ Settlement of land-related disputes under the competence of chairpersons of provincial- level People’s Committees: 60 days;
d/ Settlement of land-related disputes within the competence of the Minister of Natural Resources and Environment: 90 days;
dd/ Coercive enforcement of decisions on settlement of land-related disputes or decisions on recognition of successful conciliation: 30 days.

The time limit prescribed in Clause 1, 2 or 3 of this Article shall be counted from the date of receipt of valid dossiers and exclude the time for fulfillment of financial obligations of land users, for consideration and handling of cases of unlawful land use and for solicitation of expert opinions.

Within 3 days after receiving an incomplete or invalid dossier, the dossier-receiving and -processing agency shall notify and guide the person submitting the dossier to supplement the dossier under regulations.
For communes in mountainous, island, deep-lying and remote areas and areas with difficult socio-economic conditions, the time limit for implementation of each procedure prescribed in this Article shall be extended for 15 days.
Article 62. Responsibilities for prescribing dossiers, implementation time and order and land-related administrative procedures

The Ministry of Natural Resources and Environment shall specify the form and components of the dossier for implementation of land-related administrative procedures prescribed in this Decree.
Provincial-level People’s Committees shall specify agencies receiving and settling procedures; time and steps for implementation of procedures of each related agency or unit and coordinated settlement between related agencies under the one-stop-shop mechanism suitable to local practical conditions, which, however, must not exceed the total time limit prescribed for each procedure under this Decree.

Article 63. Determination of financial obligations of land users in implementation of administrative procedures for land management and use

Land use levy, land rental, land-related taxes and registration fee (below referred to as financial obligations) shall be determined by tax agencies. Provincial-level Natural Resources and Environment Departments, district-level Natural Resources and Environment Divisions or land registration offices shall provide cadastral information for tax agencies in cases of eligibility and subject to financial obligations under regulations.

Land prices for calculation of financial obligations shall be determined by provincial-level Natural Resources and Environment Departments; or by tax agencies, in case of application of the land price adjustment coefficient for determination of specific land prices.

Tax agencies shall notify financial obligations to land users or owners of land-attached assets as prescribed by law within 5 working days from the date of receipt of cadastral information.

Competent agencies shall sign certificates of land use rights and ownership of houses and other land-attached assets, for land users and owners of land-attached assets exempted from, or entitled to owe, financial obligations, those subject to financial obligations and having fulfilled these obligations, and those having obtained decisions on exemption from financial obligations in accordance with law.

Dossier-receiving agencies shall determine amounts of charges and fees related to land management and use, except the registration fee prescribed in Clause 1 of this Article, to be paid by land users upon implementation of administrative procedures for land management and use; and notify and guide land users to pay them in accordance with law.

Article 64. Contracts and transaction documents on land use rights and ownership of land-attached assets

Contracts and transaction documents on land use rights and ownership of land-attached assets of households shall be signed by the persons named in the certificates or authorized in accordance with the civil law.
Contracts and transaction documents on land use rights and ownership of land-attached assets of groups of land users or groups of owners of land-attached assets shall be signed by all group members or enclosed with authorization documents in accordance with the civil law, except the case of apartment owners sharing the use of a land parcel in an apartment building.

Section 2. ORDER OF AND PROCEDURES FOR LAND RECOVERY, REQUISITION, ALLOCATION AND LEASE AND CHANGE OF LAND USE PURPOSE
Article 65. Order and procedures for land recovery due to lawful termination of land use, voluntary return of land and the risk of threatening human life

The order of and procedures for land recovery due to lawful termination of land use or voluntary return of land are prescribed as follows:

a/ Organizations that are allocated land by the State without land use levy, allocated land by the State with land use levy which is paid from state budget-originated sources, or leased land with annual rental payment and move to other places or have lower demand or no longer have demand for land use; and land users that voluntarily return land shall send land return notices or documents and certificates of land use rights and ownership of houses and other land-attached assets to natural resources and environment agencies;
b/ For recovery of land from dissolved or bankrupt organizations allocated land by the State without land use levy or with land use levy which is paid from state budget-originated sources, or leasing land with annual rental payment, agencies issuing dissolution or bankruptcy decisions shall send these decisions to provincial-level Natural Resources and Environment Departments of localities where land is recovered;
c/ For recovery of land of individual land users who die without heirs, commune-level People’s Committees of places of residence of these individual land users shall send death certificates or decisions declaring the death of such a person in accordance with law and their written certifications of persons who die without heirs to district-level Natural Resources and Environment Divisions of localities where land is recovered;
d/ For cases of definite land use term, natural resources and environment agencies shall annually review and issue notices of those ineligible for extension of land use term;
dd/ Natural resources and environment agencies shall conduct field inspection and verification when necessary; propose People’s Committees of the same level to decide on land recovery; organize land recovery in the field and handover to land fund development organizations or commune-level People’s Committees for management; direct the updating and modification of the land database and cadastral records and revoke certificates or notify the cancellation of certificates in case of failure to revoke certificates.

The order and procedures for recovery of land in polluted areas at risk of threatening human life; land at risk of landslide or land subsidence or being affected by other natural disasters threatening human life are prescribed as follows:

a/ District- or provincial-level People’s Committees shall assign competent agencies to examine and determine the level of environmental pollution, landslide, land subsidence or impacts of other natural disasters threatening human life;
b/ After competent agencies issuing documents determining the level of environmental pollution, landslide, land subsidence or impacts of other natural disasters threatening human life, due to which land shall be recovered, natural resources and environment agencies shall perform the jobs prescribed at Point dd, Clause 1 of this Article;
c/ Competent agencies shall arrange temporary residences and provide resettlement for persons subject to coerced relocation, for land recovery cases prescribed at Points dd and e, Clause 1, Article 65 of the Land Law.

Coercion of land recovery due to lawful termination of land use or the risk of threatening human life:

a/ Coercion of land recovery must adhere to the principles prescribed in Clause 1, Article 70 of the Land Law;
b/ After land recovery decisions are issued, natural resources and environment agencies shall coordinate with commune-level People’s Committees and commune-level Vietnam Fatherland Front Committees in mobilizing and persuading persons subject to land recovery to hand over land;
c/ When persons subject to land recovery fail to implement land recovery decisions after being mobilized and persuaded, natural resources and environment agencies shall propose People’s Committees that have issued land recovery decisions to issue decisions on coercive enforcement of land recovery decisions;
d/ Assigned coercion organizations shall make coercion plans and submit them to People’s Committees having issued coercion decisions for approval;
dd/ Assigned coercion organizations shall mobilize and persuade coerced persons to voluntarily hand over land;
e/ People’s Committees having issued coercion decisions shall organize forces to coerce coercion decisions for coerced persons or organizations failing to implement coerce decisions after being mobilized and persuaded under Point dd of this Clause.

Natural resources and environment agencies shall direct the updating and modification of the land database and cadastral records; revocation of certificates or notification of the invalidity of certificates for land users failing to return certificates.
Settlement of complaints about land recovery decisions lodged by persons subject to land recovery must comply with the law on settlement of complaints.

Article 66. Order and procedures for land recovery due to violation of law

For land recovery due to violation of law, when the statute of limitations for sanctioning administrative violations expires under the law on handling of administrative violations, competent sanctioning persons shall make records of administrative violations as a basis for land recovery.

When land-related violations of law are not subject to sanctioning of administrative violations under the law on sanctioning of administrative violations in the field of land, records of the violations must be made in the witness of representatives of commune-level People’s Committees as a basis for deciding on land recovery according to the following provisions:
a/ Natural resources and environment agencies shall conduct examination to determine the violations prescribed at Points c, d and g, Clause 1, Article 64 of the Land Law; and conduct inspection to determine the violations prescribed at Points h and i, Clause 1, Article 64 of the Land Law;
b/ Within 7 working days after making a record, the person assigned to conduct examination or inspection shall send this record to the competent land recovery agency for direction for land recovery.

Natural resources and environment agencies shall conduct field inspection and verification when necessary and propose People’s Committees of the same level to decide on land recovery.
Competent People’s Committees shall:

a/ Notify the land recovery to land users and publish it on the websites of provincial- level and district-level People’s Committees;
b/ Direct the handling of the residual value of the investments on land or land-attached assets (if any) in accordance with law;
c/ Organize the coercive enforcement of land recovery decisions under Clause 3, Article 65 of this Decree;
d/ Arrange funds for the coercion of land recovery.

Natural resources and environment agencies shall direct the updating and modification of the land database and cadastral records; and revocation of certificates or notification of invalidity of certificates for land users failing to return certificates.

Article 67. Detailed provisions on order and procedures for land requisition

A decision on or written certification of land requisition must have the following major contents:

a/ Full name, position and working place of the person deciding on land requisition;
b/ Name and address and the person subject to land requisition or the person currently managing and using land to be requisitioned;
c/ Name and address of the organization or person to be allocated the requisitioned land;
d/ Purpose and term of land requisition;
dd/ Position, area, type of land and assets attached to land to be requisitioned;
e/ Time for handover of requisitioned land.

The return of requisitioned land to land users after the land requisition term must comply with the following provisions:

a/ The person competent to decide on land requisition shall issue a decision on return of requisitioned land and send it to the person having the requisitioned land;
b/ If the person having the requisitioned land voluntarily donates land to the State, procedures for donation of land use rights shall be carried out in accordance with law.

Responsibilities for determination of level of compensation for damage caused by land requisition are prescribed as follows:

a/ The chairperson of the district-level People’s Committee of the locality where the requisitioned land is located shall determine the level of compensation for damage caused by land requisition, except the case prescribed at Point b of this Clause;
b/ The chairperson of the provincial-level People’s Committee of the locality where the requisitioned land is located shall determine the level of compensation for damage caused by land requisition in case the requisitioned land is within the administrative boundaries of different district-level administrative units.

A council for determination of level of compensation for damage caused by land requisition shall be composed of:

a/ The chairperson or a vice chairperson of the People’s Committee as its head;
b/ Members from the natural resources and environment and finance agencies and other related members;
c/ Representative of the agency of the person competent to issue the land requisition decision;
d/ Representatives of the district-level People’s Court and People’s Procuracy of the locality where the land is located;
dd/ Members being representatives of the commune-level Vietnam Fatherland Front;
e/ Representative of the person having the requisitioned land.
Article 68. Order and procedures for land allocation, land lease and permission for change of use purpose of land for rice cultivation, land for protection forests and land for special-use forests to other purposes

The order and procedures for appraisal of land use demand and appraisal of conditions for land allocation, land lease and permission for change of land use purpose are prescribed as follows:

a/ The requester for land allocation, land lease or change of land use purpose shall submit a dossier for appraisal to the natural resources and environment agency.
Investment projects in which investment has been decided by the National Assembly or approved in principle by the Prime Minister are not required to go through appraisal procedures prescribed in this Clause;
b/ Within 30 days after receiving a complete and valid dossier, the natural resources and environment agency shall send an appraisal document to the investor for compilation of a dossier of request for land allocation, land rent or change of land use purpose.
The time limit prescribed at this Point excludes the time for implementation of procedures for permission for change of use purpose of land for rice cultivation, land for protection forest or land for special-use forests for implementation of investment projects prescribed in Clause 2 of this Article;
c/ The Ministry of Natural Resources and Environment shall specify the appraisal of land use demand and conditions for land allocation, land lease or change of land use purpose.

The order and procedures for permission for change of use purpose of land for rice cultivation, land for protection forests or special-use forests for implementation of investment projects are prescribed as follows:

a/ Natural resources and environment agencies shall summarize demands for change of use purpose of land for rice cultivation, land for special-use forests or land for protection forests for implementation of investment projects in localities and submit them to People’s Committees of the same level for reporting to superior People’s Committees or the Ministry of Natural Resources and Environment;
b/ Within 10 working days after receiving a complete and valid dossier, the provincial- level People’s Committee shall assume the prime responsibility for appraising the dossier and submit it to the provincial-level People’s Council for approval before a competent People’s Committee decides on the change of land use purpose. The Ministry of Natural Resources and Environment shall assume the prime responsibility for, and coordinate with the Ministry of Agriculture and Rural Development in, conducting the appraisal and shall propose the Prime Minister to approve the change of land use purpose before a competent People’s Committee decides on such change;
c/ After the Prime Minister issues a written approval of change of land use purpose, the provincial-level People’s Council shall adopt a resolution on change of land use purpose and a competent People’s Committee shall organize the land recovery, land allocation, land lease or change of land use purpose.

The order and procedures for land allocation and land lease not through auction of land use rights are prescribed as follows:

a/ The natural resources and environment agency shall guide the investor in compiling a dossier of request for land allocation or land lease and fulfilling financial obligations as prescribed by law; and propose a competent People’s Committee to decide on the land allocation or land lease; and sign a land lease contract, in case of land lease;
b/ The person that is allocated or leased land shall pay land use levy in case of land allocation with land use levy, or pay land rental in case of land lease;
c/ The natural resources and environment agency shall propose a competent state agency to grant a certificate of land use rights and ownership of houses and other land-attached assets; organize land allocation in the field; hand over the certificate to the person that is allocated or leased land; and direct the updating and modification of the land database and cadastral records.

For land allocation and land lease not through auction of land use rights for project implementation prescribed in Articles 61 and 62 of the Land Law, some preparation steps for land allocation or land lease concurrently carried out together with the order and procedures for land recovery are prescribed as follows:

a/ During the implementation of the plan on land recovery, investigation, survey, measurement and inventory, the investor may conduct survey and measurement for elaboration of an investment project in accordance with the investment law and construction law. The competent agency shall carry out procedures for appraisal of the investor’s land use demand and conditions for land allocation or land lease;
b/ During implementation of the approved compensation, support and resettlement plan, the investor may submit a dossier of request for land allocation or land lease without having to wait until the ground clearance is completed.

For land allocation and lease through auction of land use rights, the order and procedures for allocation and lease of land with cleared ground are prescribed as follows:

a/ Based on the district-level annual land use plan approved by a competent state agency, the natural resources and environment agency shall direct the elaboration of a land use right auction plan for submission to the People’s Committee of the same level for approval;
b/ The organization selected under the approved land use right auction plan shall organize the auction of land use rights;
c/ The competent People’s Committee shall issue a decision recognizing the auction winning result;
d/ After the auction winner fulfills financial obligations, the natural resources and environment agency shall propose a competent agency to grant a certificate and sign a land lease contract, in case of land lease; organize the handover of land in the field and deliver the certificate; and direct the updating and modification of the land database and cadastral records.
When an auction winner fails to fully pay the required amount, the natural resources and environment agency shall propose the competent People’s Committee to cancel the decision recognizing the auction winning result.

The Ministry of Natural Resources and Environment shall assume the prime responsibility for, and coordinate with the Ministry of Justice in, organizing auctions of land use rights upon land allocation or lease by the State.

Article 69. Order and procedures for permission for change of land use purpose

A land user shall submit a written request for change of land use purpose together with the certificate to the natural resources and environment agency.
The natural resources and environment agency shall appraise the dossier; conduct field verification and appraise the demand for change of land use purpose; guide the land user in fulfilling financial obligations in accordance with law; propose the competent People’s Committee to permit the change of land use purpose; and direct the updating and modification of the land database and cadastral records.

An investor that acquires land use rights from a current land user for implementation of an investment project shall carry out procedures for transfer of land use rights concurrently with procedures for permission for change of land use purpose.

The land user shall fulfill financial obligations under regulations.

Section 3. ORDER AND PROCEDURES FOR REGISTRATION OF LAND AND LAND- ATTACHED ASSETS AND GRANT OF CERTIFICATES OF LAND USE RIGHTS AND OWNERSHIP OF HOUSES AND LAND-ATTACHED ASSETS
Article 70. Order and procedures for registration of land and land-attached assets and grant of certificates of land use rights and ownership of houses and land-attached assets for the first time and additional registration of land-attached assets

A land user shall submit a set of dossier under regulations for carrying out registration procedures.
When a household, an individual, a community or an overseas Vietnamese entitled to own houses in Vietnam requests registration of land and land-attached assets or grant of a certificate of land use rights and ownership of houses and other land-attached assets, the commune-level People’s Committee shall examine the dossier and perform the following jobs:

a/ For land registration, certifying the current land use status as compared with declared registration contents. In case the papers specified in Article 100 of the Land Law and Article 18 of this Decree are not available, certifying the origin and the time of land use, state of land use-related dispute and conformity with planning.
For registration of land-attached assets, certifying the current state of land-attached assets as compared with declared registration contents. In case the papers specified in Articles 31, 32, 33 and 34 of this Decree are not available, certifying the status of dispute over the asset ownership; for houses and construction facilities, certifying the time of creation of assets, case subject or not subject to construction licensing and conformity with approved planning; certifying plans of houses or construction facilities in case of unavailability of certification by a legal entity engaged in construction or map survey operations;
b/ In case of unavailability of cadastral maps, before performing the jobs specified at Point a of this Clause, notifying the land registration office to conduct cadastral measurement of the land parcel or examine the cadastral measurement document of the land parcel submitted by the land user (if any);
c/ Publicly posting up for 15 days the results of dossier examination, certification of current land use status and state of dispute, origin and use time of land at its office and in the residential area where the land and land-attached assets are located; considering and settling feedback on the publicized contents, and sending the dossier to the land registration office.

The land registration office shall perform the following jobs:

a/ For households, individuals and communities submitting dossiers to the land registration office, sending the dossiers to the commune-level People’s Committee for certification and publication of results under Clause 2 of this Article;
b/ Extracting cadastral maps or conducting cadastral measurement of land parcels without cadastral maps or with cadastral maps but changed land use boundaries or examining cadastral measurement documents of land parcels submitted by land users (if any);
c/ Examining and certifying plans of land-attached assets which have not been certified by legal entities engaged in construction or map survey operations, for domestic organizations, religious institutions, foreign organizations and individuals and overseas Vietnamese implementing investment projects;
d/ Examining registration dossiers; conducting field verification when necessary; certifying in the written requests the eligibility or ineligibility for grant of certificates of land use rights and ownership of houses and other land-attached assets;
dd/ In case owners of land-attached assets do not have the papers, or the current status of assets has changed as compared with the papers, specified in Articles 31, 32, 33 and 34 of this Decree, sending written requests for opinions of state management agencies about those assets, which shall issue written replies to the land registration office within 5 working days;
e/ Updating information on land parcels and land-attached assets, registering in the cadastral records and land database (if any);
g / For land users applying for certificates of land use rights and ownership of houses and other land-attached assets, sending cadastral information to the tax agency for determination and notification of financial obligations, except cases not subject to financial obligations or entitled to owe financial obligations as prescribed by law; preparing dossiers for the natural resources and environment agency to submit for signing certificates of land use rights and ownership of houses and other land-attached assets; additionally updating the grant of certificates of land use rights and ownership of houses and other land-attached assets to the cadastral records and land database; handing over certificates of land use rights and ownership of houses and other land-attached assets to the persons concerned or sending these certificates to the commune-level People’s Committee for handover to the persons concerned, if dossiers are submitted at the commune level.

The natural resources and environment agency shall perform the following jobs:

a/ Examining dossiers and proposing a competent agency to grant certificates of land use rights and ownership of houses and other land-attached assets;
In case of land lease, proposing a competent People’s Committee to sign land lease decisions; signing land lease contracts and proposing a competent agency to grant certificates of land use rights and ownership of houses and other land-attached assets after land users have fulfilled financial obligations in accordance with law.
b/ Sending processed dossiers to the land registration office.

A land user that has registered land in accordance with law and now wishes to obtain a certificate of land use rights and ownership of houses and other land-attached assets shall submit an application for such certificate. The land registration office and natural resources and environment agency shall perform the jobs specified at Point g, Clause 3, and Clause 4 of this Article.

Article 71. Order and procedures for land registration for those that are allocated land by the State for management

Person that are currently allocated land by the State for management under Article 8 of the Land Law and have not registered such land shall send 1 set of land registration dossier. The land registration office shall examine the current land use status and update information in the cadastral records and land database.
In case competent state agencies allocate land for management, based on decisions on land allocation for management, the land registration office shall update information in the cadastral records and land database.

Article 72. Order and procedures for registration and grant of certificates of land use rights and ownership of houses and other land-attached assets to acquirers of land use rights and buyers of houses and construction facilities under housing development projects

After completing a work, the housing development project investor shall send to the provincial-level Natural Resources and Environment Department the following documents:

a/ Project approval decision, investment decision, investment license or investment certificate;
b/ Decision approving the detailed construction master plan on a 1:500 scale; construction license (if any);
c/ Certificate or decision on land allocation or lease of a competent agency; documents proving the housing development project investor’s fulfillment of financial obligations (except cases entitled to exemption or owing as prescribed by law);
d/ Plans of built houses and land which are as-built drawings of the ground or design drawings of the ground with sizes of edges of each sold apartment in conformity with the current construction status and signed contract; list of apartments and construction facilities for sale (with information on apartment number, land area, construction area and common use area and area of each apartment); for an apartment building, the plan must show the scope (size and area) of the land for common use of apartment owners, construction ground of the apartment building and grounds of each floor and each apartment;
dd/ Reports on project implementation results.

Within 30 days after receiving a dossier, the provincial-level Natural Resources and Environment Department shall examine the current land use status and built houses and construction facilities and conditions for transfer of land use rights and sale of houses of the project investor.

After completing the examination, the provincial-level Natural Resources and Environment Department shall send to the project investor a notice of examination results; send the notice together with the plan of examined houses and land to the land registration office for implementing procedures for registration of houses and land for buyers, for cases eligible as prescribed by law.

The housing project investor shall submit 1 set of dossier for registration and grant of a certificate of land use rights and ownership of houses and other land-attached assets on behalf of the acquirer of land use rights and buyers of houses and construction facilities or provide dossiers for buyers to make registration themselves. A dossier must comprise:

a/ Written request for registration of land and land-attached assets and grant of a certificate of land use rights and ownership of houses and other land-attached assets;
b/ Contract on transfer of land use rights, house and construction facility purchase and sale as prescribed by law;
c/ Record of handover of houses, land and construction facilities.

The land registration office shall perform the following jobs:

a/ Examining legal documents in the dossier; certifying the eligibility or ineligibility for grant of a certificate of land use rights and ownership of houses and other land-attached assets in the written request for registration;
b/ Sending cadastral information to the tax agency for determination of financial obligations (if any);
c/ Updating information in the cadastral records and land database (if any);
d/ Preparing a dossier for submission to a competent agency for grant of a certificate of land use rights and ownership of houses and other land-attached assets under Article 37 of this Decree;
dd/ Requesting the project investor to submit the granted certificate of land use rights and ownership of houses and other land-attached assets for modification of the cadastral records and land database;
e/ Handing over the certificate of land use rights and ownership of houses and other land-attached assets to the person concerned.

The provincial-level Natural Resources and Environment Department shall report on project investors violating the laws on land, construction and housing to the provincial-level People’s Committee for handling in accordance with law.

Article 73. Order and procedures for registration of establishment, change or termination of limited use rights on adjacent land parcels

When arise, change or terminate the limited use rights on the adjacent land parcel, one of the parties shall submit a written request, the certificate (if any), the contract or the judgment or decision of the people’s court to the land registration office.
The land registration office shall check and update in the cadastral records and land database and write on the certificate if requested.

Article 74. Order and procedures for extension of land use term; certification of continued use of agricultural land of households and individuals upon expiration of the land use term

Organizations, overseas Vietnamese, foreign-invested enterprises, households or individuals that use land outside hi-tech zones or economic zones and do not fall into the cases prescribed in Clauses 2 and 3 of this Article, if wishing to extend their land use term, shall comply with the following provisions:

a/ At least 6 months before the expiration of the land use term, a land user that wishes to extend the land use term shall submit 1 set of dossier of request for extension of land use term.
In case the operation term of an investment project is changed due to the adjustment of such project, the dossier of request for extension of land use term shall be submitted after obtaining a document of a competent agency on the adjustment of the investment project;
b/ The natural resources and environment agency shall appraise the land use demand; if the conditions for extension are fully met, it shall assign the land registration office to send cadastral information to the tax agency for determining financial obligations; submit the dossier to the People’s Committee of the same level for decision on the extension of land use rights; sign a land lease contract, in case of land lease; and transfer the dossier to the land registration office for registration.
In case the land use term extension requires registration of the adjustment of the investment project, the appraisal of the land use demand and the registration of the adjustment of the investment project shall be conducted concurrently.
In case the operation term of an investment project is changed due to the adjustment of its size, the land use term may be adjusted according to the operation term of the project;
c/ If the land use term extension is permitted, the land user shall submit the granted certificate and documents on fulfillment of financial obligations to the natural resources and environment agency;
d/ The land registration office shall certify the extension of the land use term in the granted certificate; adjust and update the change in the cadastral records and land database; hand over the certificate to the requester or send it to the commune-level People’s Committee for handover, in case of submission of dossiers at commune level;
dd/ If the conditions for extension of land use term are not fully met, the natural resources and environment agency shall notify it to the land user concerned and carry out land recovery procedures according to regulations.

Households and individuals directly engaged in agricultural production that are using agricultural land allocated, or with land use rights recognized, by the State, or acquired through transfer, may continue to use such land according to the term prescribed in Clause 1, Article 126 and Clause 3, Article 210 of the Land Law upon the expiration of the land use term without having to register the adjustment of the land use term.
A household or an individual specified in Clause 2 of this Article that wishes to have the land use term re-certified in the certificate shall comply with the following order and procedures:

a/ The land user shall submit a dossier of request for re-certification of land use term;
b/ The commune-level People’s Committee of the place where the land is located shall check the dossier and give certification that the household or individual is directly using land for agricultural production and there is no land recovery decision of a competent state agency, and send the dossier to the land registration office;
c/ The land registration office shall check the dossier; certify the duration for continued land use according to the term prescribed in Clause 1, Article 126 and Clause 3, Article 210 of the Land Law in the granted certificate; adjust and update the change in the cadastral records and land database, and hand over the certificate to the land user or send it to the commune-level People’s Committee for handover, in case of submission of dossiers at commune level.
Article 75. Order and procedures for land parcel division or consolidation

A land user shall submit a set of dossier of request for land parcel division or consolidation.
The land registration office shall:

a/ Conduct cadastral surveys for land parcel division;
b/ Make dossiers and submit them to a competent agency for granting certificates of land use rights and ownership of houses and other land-attached assets to the land users with regard to newly divided or consolidated land parcels;
c/ Adjust and update the change in the cadastral records and land database; hand over the certificates of land use rights and ownership of houses and other land-attached assets to the land users concerned or send them to the commune-level People’s Committees for handover, in case of submission of dossiers at commune level.

In case a land parcel is divided due to the transfer of the use rights on part of the land parcel or due to the settlement of a dispute, complaint, denunciation or land auction, or due to the division of the land-using household or group of land users; due to the handling of a mortgage or capital contribution contract, distraint and auction of land use rights for. enforcement of a judgment (below referred to as transfer of rights), the land registration office shall:

a/ Conduct cadastral surveys for land parcel division;
b/ Carry out the change registration procedures as prescribed by this Decree for the part of land area on which rights are transferred; at the same time certify the change in the granted certificate or submit the case to an agency competent to grant the certificate of land use rights and ownership of houses and other land-attached assets for the remaining area of the land parcel on which rights are not transferred; adjust and update the change in the cadastral records and land database; hand over the certificate to the land user concerned or send it to the commune-level People’s Committee for handover, in case of submission of dossiers at commune level.

In case a land parcel is divided due to the recovery by the State of part of the land parcel, the natural resources and environment agency shall direct the land registration office to perform the following pursuant to the recovery decision of a competent state agency:

a/ Surveying and adjusting the cadastral map, cadastral records and land database;
b/ Certifying the change in the granted certificate and handing it over to the land user concerned or sending it to the commune-level People’s Committee for handover, in case of submission of dossiers at commune level.
Article 76. Renewal of certificates or certificates of house ownership or certificates of ownership of construction works

The renewal of granted certificates, certificates of house ownership or certificates of ownership of construction works shall be made in the following cases:

a/ Land users that wish to change certificates of house ownership or certificates of ownership of construction works or certificates granted before December 10, 2009, into certificates of land use rights and ownership of houses and other land-attached assets;
b/ Granted certificates or certificates of house ownership or certificates of ownership of construction works are smeared, blurry, ragged or damaged;
c/ Consolidation and swap of land parcels, re-survey and re-measurement of areas and sizes of land parcels;
d/ Request for writing of full names of both husband and wife in the certificates, in case land use rights are or ownership of land-attached assets is common assets of husband and wife but the certificates only indicate the full name of either of them.

A land user shall submit 1 set of dossier of request for certificate renewal.
The land registration office shall:

a/ Check the dossier and certify the reason for certificate renewal in the written request;
b/ Make a dossier and submit it to a competent agency for granting a certificate of land use rights and ownership of houses and other land-attached assets;
c/ Adjust and update the change in the cadastral records and land database; hand over the certificate of land use rights and ownership of houses and other land-attached assets to the land user concerned or send it to the commune-level People’s Committees for handover, in case of submission of dossiers at commune level.

In case the certificate is renewed after consolidation and swap of land parcels or survey and making of cadastral maps but the granted certificate is currently mortgaged at a credit institution, the land user shall submit a copy of the contract on mortgage of land use rights and land-attached assets in replacement of the granted certificate in carrying out the renewal procedures.

The land registration office shall notify the list of cases of request for renewal of the certificate to the credit institution at which land use rights and land-attached assets are mortgaged; and certify the mortgage registration in the certificate of land use rights and ownership of houses and other land-attached assets after it is signed and granted by a competent agency.

The handover of certificates of land use rights and ownership of houses and other land-attached assets in the cases of renewal specified in Clause 4 of this Article shall be carried out by triple parties including the land registration office, land user and credit institution under the following provisions:

a/ The land user shall sign and receive the new certificate from the land registration office and hand it over to the credit institution being the mortgagee;
b/ The credit institution shall hand over the mortgaged old certificate to the land registration office for management.
Article 77. Re-grant of certificates, certificates of house ownership or certificates of ownership of construction works due to loss

Households, individuals or communities shall declare to the commune-level People’s Committee of the locality where the land is located the loss of their certificates, certificates of house ownership or certificates of ownership of construction works. The commune-level People’s Committee shall post up the loss at its office, except the loss due to a natural disaster or fire.

Domestic organizations, religious institutions, foreign organizations, foreigners or overseas Vietnamese shall announce the loss of their certificates, certificates of house ownership or certificates of ownership of construction works in the local mass media.

After 30 days from the date of posting up the loss of the certificate at the office of the commune-level People’s Committee, for households, individuals or communities, or from the date of the first announcement in the local mass media, for domestic organizations, religious institutions, foreign organizations, foreigners or overseas Vietnamese, the person whose certificate is lost shall submit a dossier of request for re-grant of the certificate.
The land registration office shall check the dossier; the extract of the cadastral map or the extract of the cadastral survey of the land parcel, in case the cadastral map is unavailable and a cadastral survey of the land parcel has not yet been conducted; make a dossier and submit it to a competent state agency defined in Article 37 of this Decree for signing a decision to cancel the lost certificate and sign and re-grant the certificate of land use rights and ownership of houses and other land-attached assets; and adjust and update the change in the cadastral records and land database; hand over the certificate to the land user concerned or send it to the commune-level People’s Committees for handover, in case of submission of dossiers at commune level.

Article 78. Order and procedures for exchanging agricultural land use rights of households and individuals for consolidation and swap of land parcels

Households or individuals using agricultural land themselves shall reach agreement on the documents on exchanging agricultural land use rights.
Commune-level People’s Committees shall make plans on exchanging agricultural land use rights for the whole communes, wards or townships (including the exchange schedule), and send them to district-level Natural Resources and Environment Divisions.
District-level Natural Resources and Environment Divisions shall verify the plans and submit them to district-level People’s Committees for approval, which shall then direct commune-level People’s Committees to organize the swap of agricultural land among households and individuals according to the approved plans.
Provincial-level Natural Resources and Environment Departments shall direct the survey, making and adjustment of cadastral maps.
Households and individuals using land shall submit dossiers for renewal of certificates.
The land registration office shall:

a/ Check the dossiers and certify the change in the written requests for renewal of certificate;
b/ Make dossiers and submit them to competent agencies for granting certificates of land use rights and ownership of houses and other land-attached assets to land users;
c/ Make or update and adjust the cadastral records and land database; hand over certificates of land use rights and ownership of houses and other land-attached assets to land users in communes, wards or townships where the land is located.
For land users who mortgage land use rights at credit institutions, the land registration office shall hand over the certificates under Clause 5, Article 76 of this Decree.
Article 79. Order and procedures for exchange, transfer, lease, sub-lease, inheritance, donation, contribution as capital of land use rights and ownership of land-attached assets; conversion of land use rights and ownership of land-attached assets of husband or wife into common rights and ownership of husband and wife

A land user shall submit 1 dossier set for exercise of rights of land users and owners of land-attached assets.

For exercising the rights of land users on part of a land parcel, before submitting dossiers for exercise of rights of land users, land users shall request the land registration office to measure and divide the land area on which land users need to exercise their rights.

The land registration office shall check dossiers. If seeing that all conditions for exercise of rights are fully met under regulations, it shall:

a/ Send cadastral information to the tax agency for determination and notification of financial obligations, in case financial obligations must be fulfilled under regulations;
b/ Certify the change in the granted certificates under regulations of the Ministry of Natural Resources and Environment.
In case a certificate of land use rights and ownership of houses and other land-attached assets must be granted, it shall make a dossier and submit it to a competent agency for granting such certificate to the land user concerned;
c/ Adjust and update changes in the cadastral records and land database; hand over the certificates to land users or to commune-level People’s Committees for handover, in case of submission of dossiers at commune level.

In case a land user donates land use rights for the construction of public facilities, a document on donation of land use rights must be made under regulations.

After the construction of public facilities on the donated land is completed, the land registration office shall base itself on the donation document already certified by the commune- level People’s Committee and on the current land use status to survey and update the change in the cadastral records and land database, and notify the land user to submit the granted certificate for change certification. In case the land user donates the whole land area under the granted certificate, the land registration office shall withdraw the certificate for management.

In case the applicant for a certificate dies before being handed over the certificate, the person who inherits land use rights in accordance with the inheritance law shall additionally submit a paper on inheritance as prescribed.

The land registration office shall certify the inheritance in the granted certificate or make a dossier and submit it to a competent agency for granting the certificate of land use rights and ownership of houses and other land-attached assets to the heir under regulations of the Ministry of Natural Resources and Environment. The heir shall perform financial obligations for land use rights and land-attached assets in case the deceased has such financial obligations as prescribed by law.

In case the users of land leased from the State with annual rental payment sell or contribute as capital leased land-attached assets, they shall comply with the following order and procedures:

a/ Selling or contributing as capital leased land-attached assets in accordance with the civil law;
b/ After receiving the dossier of the sale or contribution as capital of leased land- attached assets, the land registration office shall make a dossier for the purchaser or recipient of contributed capital being land-attached assets to lease the land;
c/ The natural resources and environment agency shall verify the dossier and submit it to the People’s Committee of a competent level to decide on the recovery of the land from the seller or contributor of land-attached assets as capital to the purchaser or recipient for lease; sign a land lease contract with the purchaser or recipient; and notify the tax agency of the invalidity of the land lease contract signed with the asset seller or contributor;
d/ The land registration office shall send the land lease contract to the purchaser or recipient of assets contributed as capital; adjust and update the change in the cadastral records and land database; and hand over the certificate to the grantee;
dd/ In case of purchase and sale or contribution as capital of assets attached to part of a leased land parcel, the land users shall carry out the procedures for division of the land parcel before carrying out land lease procedures prescribed in this Clause.
Article 80. Order and procedures for deregistration of lease, sub-lease or contribution as capital of land use rights and ownership of land-attached assets

One or all of the parties to the contract on lease, sublease or contribution as capital of land use rights and ownership of land-attached assets shall submit a dossier set for deregistration of lease, sub-lease or contribution as capital of land use rights and ownership land-attached assets.
The land registration office shall check the dossier; if seeing that the dossier is valid, it shall:

a/ Certify the deregistration of the lease, sub-lease or contribution as capital of land use rights and ownership of land-attached assets in the certificate under regulations and handing over it to the lessor, sub-lessor or contributor. In case of leasing or subleasing land in an industrial park or of contributing as capital land use rights in which the certificates have been granted to the lessees, sub-lessees or recipients, it shall recover the granted certificates; the recipients shall be re-granted the certificates of land use rights and ownership of houses and other land-attached assets.
If the land use term expires at the same time with the deregistration of the lease, sublease or contribution as capital of land use rights and ownership of land-attached assets and the land user does not wish to continue using the land or a competent state agency refuses to extend the land use term, the granted certificate shall be withdrawn;
b/ Deregister the lease, sub-lease or contribution as capital of land use rights and ownership of land-attached assets in the cadastral records and land database.

The contribution of land use rights as capital shall terminate in the following cases:

a/ Upon expiration of the duration of contribution of land use rights as capital;
b/ At the request of one or all of the parties as agreed upon in the capital contribution contract;
c/ Upon land recovery in accordance with the Land Law;
d/ The party contributing land use rights as capital to the business cooperation contract or joint venture enterprise is declared bankrupt or dissolved;
dd/ The individual participating in the capital contribution contract dies; is declared dead; loses the civil act capacity or has it restricted; is banned from operation in the field of business cooperation while such contract must be performed by such individual;
e/ The legal entity participating in the capital contribution contract terminates operation while such contract must be performed by such legal entity.

Upon termination of the capital contribution, land use rights shall be handled as follows:

a/ If the capital contribution duration expires or the parties reach agreement on the termination of the capital contribution, the capital contributor is entitled to further use the land for the remaining duration.
If the land use term expires or the contributor of land use rights as capital no longer needs to use the land, the State may allow the capital recipient to continue leasing the land if the latter so needs;
b/ If the capital contribution terminates under a decision of a competent state agency due to a violation of the land law, the State shall recover such land;
c/ If the recipient or the contributor of land use rights as capital is an organization which falls bankrupt, the contributed land use rights shall be handled under the bankruptcy declaration decision of the court.
The person who receives land use rights and land-attached assets under decisions of people’s courts may continue using the land for the determined purpose for the remaining land use term and shall be granted certificates of land use rights and ownership of houses and other land-attached assets.
If there is no person to receive land use rights and land-attached assets, the State shall recover such land and assets;
d/ If the individual entering into the capital contribution contract dies, his/her land use rights already contributed as capital may be bequeathed in accordance with the civil law;
dd/ In case the individual entering into the capital contribution is declared dead or has his/her civil act capacity restricted, his/her contributed land use rights shall be handled in accordance with the civil law;
e/ If the joint-venture enterprise or the institutional party contributing land use rights as capital is dissolved, the contributed land use rights shall be handled as agreed upon between the parties in accordance with the Land Law and other relevant laws.
Article 81. Order and procedures for registration or deregistration of the mortgage of land use rights and handling of mortgaged land use rights, for debt recovery

The Ministry of Justice shall assume the prime responsibility for, and coordinate with the Ministry of Natural Resources and Environment in, guiding the registration of the mortgage of land use rights and land-attached assets.
The handling of land use rights already guaranteed under the 2003 Land Law or already mortgaged for debt recovery is prescribed as follows:

a/ The mortgaged or guaranteed land use rights shall be handled as agreed in the mortgage or guaranty contracts. If they cannot be handled as agreed, the mortgagee or guarantee may transfer the mortgaged or guaranteed land use rights to another person for debt recovery, or request a competent state agency to auction such land use rights without having to obtain the consent of the mortgagor or guarantor, or file a lawsuit at a people’s court in accordance with law;
b/ The person receiving land use rights under Point a of this Clause shall be granted a certificate of land use rights and ownership of houses and other land-attached assets; may use the land for the determined purpose and has the rights and obligations as prescribed in the land, law within the remaining land use term; for residential land, the land user may use it in a stable and permanent manner.
Article 82. Procedures for registration and grant of certificates of land use rights and ownership of houses and other land-attached assets in case land use rights have been transferred but the procedures for transfer of such rights have not yet been carried out

In case the current user of land acquired from transfer or inheritance or donation of land use rights before January 1, 2008, which has not yet been granted a certificate but does not fall into the case specified in Clause 2 of this Article, such person shall carry out the procedures for land registration and grant of a certificate of land use rights and ownership of houses and other land-attached assets as prescribed in the Land Law and this Decree without having to carry out the land use rights transfer procedures; the dossier-receiving agency may not ask him/her to submit the contract or document on land use rights transfer as prescribed by law.
In case the current user of land acquired from transfer or inheritance or donation of land use rights before July 1, 2014, and such person has only a certificate of the land use rights transferor or a contract or paper on land use rights transfer as prescribed, the following provisions shall be complied with:

a/ Such person shall submit an application for a certificate of land use rights and ownership of houses and other land-attached assets and available land use rights papers;
b/ The land registration office shall notify writing the rights transferor and post up at the office of the commune-level People’s Committee of the place where the land is located of the carrying out of the procedures to grant a certificate of land use rights and ownership of houses and other land-attached assets to the rights recipient. If the rights transferor’s address is unknown, an announcement must be published in the local mass media for three consecutive issues (announcement expenses shall be paid by the applicant for the certificate);
c/ After 30 days from the date of notification or first announcement in the local mass media, if there is no written claim for dispute settlement, the land registration office shall make a dossier and submit it to a competent agency for the latter to decide to cancel the granted certificate, in case the certificate is not submitted, and concurrently grant a new certificate of land use rights and ownership of houses and other land-attached assets to the rights recipient.
If receiving a written claim for dispute settlement, the land registration office shall instruct the parties to file such claim with a state agency competent to settle disputes according to regulations.
Article 83. Order and procedures for change registration in the case of establishment of private enterprises, transfer of investment projects or transformation of companies; division, splitting, consolidation or merger of enterprises

In case a household or an individual sets up a private enterprise and uses land for such enterprise’s production and business activities without changing the land use purpose, the private enterprise may continue using the land and shall carry out the procedures for registration of the change of the name of land user under Point b, Clause 4, Article 95 of the Land Law and Article 85 of this Decree. In case of using land leased by the State, the private enterprise shall re-sign the land lease contract with the provincial-level Natural Resources and Environment Department prior to receipt of a certificate.

In case a household or an individual sets up a private enterprise and uses land for such enterprise’s production and business activities for a new purpose for which permission must be obtained, the private enterprise shall carry out the procedures for land use purpose change. It shall submit a dossier of request for permission to change the land use purpose together with a dossier of registration of the change of the name of land user; competent agencies shall consider and decide to permit the change of the land use purpose and consider and certify the change of the name of land user at the same time.
When the private enterprise terminates operation and its land use rights are not dealt with in accordance with law, registration of the change of the name of land user may be made for the household or individual concerned under Point b, Clause 4, Article 95 of the Land Law and Article 85 of this Decree.

In case of transfer of investment projects using land in accordance with law, the following provisions shall be complied with:

a/ In case of transfer of an investment project in which the transferor is allocated land by the State with land use levy, is leased land with full one-off land rental payment for the entire lease term or acquires land use rights in accordance with law and the paid land use levy, land rental or amount for the transfer of land use rights does not originate from the state budget, the related parties shall carry out the procedures for transfer of land use rights under Article 79 of this Decree. The project transfer contract must clearly indicate the value of land use rights in the total value of the transferred project and is valid for substituting the land use rights transfer contract when carrying out the land use rights transfer procedures;
b/ In case of transfer of a project in which the transferor is allocated land by the State without land use levy, is leased land with annual land rental payment or is allocated land with land use levy or is leased land with full one-off land rental payment for the entire lease term or acquires land use rights and the paid land use levy, land rental or amount for the transfer of land use rights originates from the state budget, the related parties shall submit the project transfer contract and the granted certificate for carrying out the procedures as in the case of sale of land-attached assets.
The provincial-level Natural Resources and Environment Department shall submit the dossier to the provincial-level People’s Committee for the latter to decide to recover land from the project transferor and to allocate or lease land to the project transferee; grant a certificate of land use rights and ownership of houses and other land-attached assets to the project transferee in accordance with the land law.

The Ministry of Natural Resources and Environment shall detail the registration of land-related changes in the case of transformation of companies or division, splitting, consolidation and merger of enterprises.

Article 84. Order and procedures for registration of change of land and land-attached assets in the cases of winning auctions of land use rights; settlement of land-related disputes, complaints or denunciations; handling of mortgage and capital contribution contracts; distraint and auction of land use rights and land-attached assets for judgment enforcement; division, splitting, consolidation and merger of organizations or transformation of companies; agreement on consolidation or division of land use rights and ownership of land-attached assets of households, husband and wife or group of land users

Persons responsible for submitting dossiers are prescribed as follows:

a/ Recipients of land use rights and land-attached assets shall submit dossiers for the cases of receiving land use rights according to results of settlement of land-related disputes, complaints or denunciations; handling of contracts on mortgage of land use rights and land-attached assets under agreement; decisions or judgments of people’s courts, judgment enforcement decisions of judgment enforcement agencies already enforced; results of auctions of land use rights and land-attached assets; and division or splitting of households or group of land users;
b/ Organizations that have dealt with land use rights and land-attached assets shall submit dossiers on behalf of recipients of land use rights in the cases of handling contracts on mortgage or contribution as capital of land use rights and land-attached assets not under agreement; distraint and auction of land use rights and land-attached assets for judgment enforcement in accordance with law.

The submission of dossiers for registration of land use rights and land-attached assets must comply with Articles 60 and 79 of this Decree.
The land registration office shall check the dossier. If the dossier is valid, the land registration office shall:

a/ Measure the land parcel, if it has no cadastral map or is not measured yet, or land use rights on part of the land parcel which has a certificate are transferred;
b/ Send cadastral information to the tax agency for determining financial obligations, in case the financial obligations must be fulfilled under regulations, and for notifying such financial obligations;
c/ Give certification in the granted certificate. If a certificate of land use rights and ownership of houses and other land-attached assets is to be granted according to regulations, make a dossier and submit it to an agency competent to grant such certificate, when so requested;
d/ Update the change in the cadastral records and land database; hand over the certificate of land use rights and ownership of houses and other land-attached assets to the applicant or send it to the commune-level People’s Committee for handing, in case of submission of dossiers at commune level.
Article 85. Order and procedures for registration of change of land and land-attached assets due to change of information on certificate holders; decrease of land parcel area due to natural erosion; change of limitations on land use rights; change of financial obligations; change of land-attached assets compared to registered contents or granted certificates; change from land lease with annual land rental payment to land lease with full one-off land rental payment for the entire lease term or from land allocation without land use levy to land lease or from land lease to land allocation with land use levy

A land user shall submit a dossier of change registration.
The land registration office shall check the dossier. If the dossier is valid, the land registration office shall:

a/ Measure the land parcel, if there is a change in the land parcel area and land-attached assets or the certificate has been granted but the land parcel has no cadastral map or is not measured yet;
b/ In case of registration of change of construction area, use area, number of stories, structure, grade (class) of house or construction work not in compliance with the construction license or without construction license in case permission is required, send a written request to the construction management and licensing agency for opinion in accordance with the construction law;
c/ Send cadastral information to the tax agency for determining financial obligations, in case land use levy or land rental must be paid according to regulations;
d/ Give certification in the granted certificate. If a certificate is to be re-granted according to regulations of the Ministry of Natural Resources and Environment, make a dossier and submit it to a competent agency for granting a certificate of land use rights and ownership of houses and other land-attached assets; notify the land user to sign or re-sign the land lease contract with the natural resources and environment agency, in case land shall be leased;
dd/ Update the change and adjust the cadastral records and land database; hand over the certificate of land use rights and ownership of houses and other land-attached assets to the applicant or send it to the commune-level People’s Committee for handing, in case of submission of dossiers at commune level.

For land users that wish to change the land use purpose and concurrently register the change of a content specified in this Article, the procedures prescribed in Clauses 1 and 2 of this Article and the procedures for land use purpose change shall be carried out at the same time.

Article 86. Procedures for correction of granted certificates, certificates of house ownership and certificates of ownership of construction works

Land users or owners of land-attached assets shall submit the granted certificates, certificates of house ownership or certificates of ownership of construction works containing errors to the land registration office for correction. For errors due to the fault of land users or owners of land-attached assets, they shall make a written request for correction.

If the land registration office detect errors in a granted certificate, certificate of house ownership or certificate of ownership of construction works, it shall notify them to the land user or owner of land-attached assets and request the latter to hand over the certificate for correction.

The land registration office shall check and make a written record of conclusions on the contents and causes of errors; make a dossier and submit it to a competent agency to make correction in the granted certificate, certificate of house ownership or certificate of ownership of construction works containing errors; and concurrently correct the erroneous contents in the cadastral records and land database.
If the holder of the certificate, certificate of house ownership or certificate of ownership of construction works that needs to be corrected requests to change it into a certificate of land use rights and ownership of houses and other land-attached assets, the land registration office shall submit such request to a competent agency for granting such certificate.

Article 87. Procedures for withdrawal of granted certificates, certificates of house ownership and certificates of ownership of construction works

In case the State recovers land under Articles 61 and 62 of the Land Law, land users shall return the granted certificates prior to receipt of compensation and support money in accordance with the land law. Organizations in charge of compensation and ground clearance shall withdraw the granted certificates and transfer them to the land registration office for management.
In case the State recovers land under Articles 64 and 65 of the Land Law, land users shall return the granted certificates prior to handover of land to the State, except the case prescribed at Point b, Clause 1, Article 65 of the Land Law. Organizations in charge of land recovery shall withdraw the granted certificates and transfer them to the land registration office for management.
In case of renewal of granted certificates, certificates of house ownership or certificates of ownership of construction works or registration of changes of land and land-attached assets, land users shall return the previously granted certificated when submitting the dossiers of request for renewal of certificate or dossiers of change registration.

The land registration office shall manage the returned certificates after completing the procedures for renewal of certificates or registration of change of land and land-attached assets.

In case of withdrawing certificates granted in violation of the land law under Point d, Clause 2, Article 106 of the Land Law, the following provisions shall be complied with:

a/ In case the investigation or inspection agency makes a written conclusion that the certificate has been granted in violation of the land law, a competent state agency shall consider and decide to withdraw the granted certificate, if such conclusion is coưect, or notify the investigation or inspection agency, if determining that the certificate has been granted lawfully;
b/ In case a state agency competent to grant certificates of land use rights and ownership of houses and other land-attached assets detects a certificate that has been granted in violation of the land law, it shall notify it in writing to the inspection agency of the same level for verification; if it is concluded that the certificate has been granted in violation of law, it shall notify the land user concerned of the reason. If there is no written complaint after 30 days since the date of sending a notice to the land user, it shall issue a decision to withdraw the granted certificate;
c/ In case the land user detects a certificate that has been granted in violation of the land law, he/she shall send a report on his/her detection to a state agency competent to grant certificates of land use rights and ownership of houses and other land-attached assets, which shall consider and settle the case under Point b of this Clause;
d/ The land registration office shall withdraw and manage certificates under competent agencies’ decisions on withdrawal of certificates;
dd/ A land user or owner of land-attached assets that disagrees with the settlement of a competent state agency as prescribed at Points a, b and c of this Clause may lodge a complaint in accordance with the law on complaints.

The State shall not withdraw certificates which have been granted in violation of law in the cases prescribed at Point d, Clause 2, Article 106 of the Land Law if the holders of such certificates have carried out the procedures for exchange or transfer of land use rights and ownership of land-attached assets or for change of land use purpose and their cases have been settled in accordance with law.

The handling of damage caused by the grant of certificates in violation of law must comply with decisions or judgments of people’s courts. Those who commit violations leading to the unlawful grant of certificates shall be handled under Articles 206 and 207 of the Land Law.

The granted certificates not falling into the case prescribed in Clause 2, Article 106 of the Land Law shall be withdrawn only after the judgments or decisions of the people’s court have been enforced.
In case of withdrawing certificates under Clauses 1, 2, 3, 4 and 6 of this Article, if the land user or owner of land-attached assets fails to return the certificate, the land registration office shall report the case to the agency competent to grant certificates of land use rights and ownership of houses and other land-attached assets, to decide to invalidate such certificate; adjust the cadastral records under regulations; and make a list of invalidated certificates and send it to the provincial-level Natural Resources and Environment Department and the General Department of Land Administration for publicly posting on their websites.
The land registration office shall submit dossiers to competent agencies for re-grant of certificates to land users in accordance with law; for certificates that have been granted in violation of law at the fault of land users or that have been granted to wrong ‘subjects, the land registration office shall instruct the land users to carry out the procedures for re-grant of certificates according to regulations.

Section 4. ORDER .OF AND PROCEDURES FOR CONCILIATION AND SETTLEMENT OF LAND DISPUTES
Article 88. Procedures for conciliation of land disputes

Upon receiving a written request for settlement of a land dispute, a provincial-level People’s Committee shall:

a/ Verify and learn about the cause of the dispute, collect relevant documents about the land origin, land use process and current land use status from the parties;
b/ Form a council for conciliation of land disputes. This council shall be composed of the chairperson or a deputy chairperson of the People’s Committee as its head; a representative of the Fatherland Front Committee of the commune, ward or township; the head of the street quarter, for urban areas; the head of the village, for rural areas; a representative of households that have lived for a long time in the commune, ward or township and know well about the origin and use process of the disputed land parcel; and the cadastral and justice officers of the commune, ward or township. On a case-by-case basis, representatives of the Farmers’ Association, Women’s Union, Veterans’ Association and Ho Chi Minh Communist Youth Union may be invited;
c/ Organize a conciliation meeting with the participation of the disputing parties, members of the council for conciliation of land disputes and persons with related interests and obligations.
The conciliation may take place only when all the disputing parties are present. If any of the disputing parties is absent for the second time, the conciliation shall be regarded as unsuccessful.

The result of conciliation of a land dispute must be recorded in a minutes which specifies the time and place of the conciliation; participants in the conciliation; summary of the dispute clearly stating the origin and time of use of the disputed land, cause of the dispute (already verified), opinion of the conciliation council; and contents agreed and disagreed between the disputing parties.

The conciliation minutes must be signed by the head of the conciliation council, the disputing parties present at the conciliation session and participants in the conciliation, and sealed by the commune-level People’s Committee. It must be immediately sent to the disputing parties and preserved at the commune-level People’s Committee.

Within 10 days after the date of making a minutes of successful conciliation, if the parties express in writing opinions different from the contents agreed in this minutes, the chairperson of the commune-level People’s Committee shall organize another meeting of the conciliation council to consider and handle supplementary opinions and make a minutes of successful or unsuccessful conciliation.
In case of successful conciliation resulting in a change in the current land use boundaries or land user, the commune-level People’s Committee shall send the minutes of successful conciliation to a competent agency for settlement under Clause 5, Article 202 of the Land Law.

In case of unsuccessful conciliation or of successful conciliation but at least one party changes its opinion on the conciliation result, the commune-level People’s Committee shall make a minutes of unsuccessful conciliation and guide the disputing parties to file a petition with a competent agency to further settle the dispute.
Article 89. Procedures for settlement of land disputes falling under the competence of chairpersons of district- or provincial-level People’s Committees

A petition for settlement of land disputes shall be filed with the competent-level People’s Committee.
The chairperson of the competent-level People’s Committee shall assign its advisory agency to settle.
The advisory agency shall verify the case, organize conciliation among the disputing parties, hold a meeting among related departments and sectors to advise on the settlement of the land dispute (if necessary), and complete the dossier of the case and submit it to the People’s Committee of the same level for the latter to issue a decision on settlement of the land dispute. A dossier of settlement of a land dispute must comprise:

a/ The petition for settlement of land dispute;
b/ The minutes of conciliation at the commune-level People’s Committee; minutes of working with the disputing parties and related persons; minutes of the field inspection of the disputed land; minutes of the meeting with related departments and sectors to advise on the settlement of the land dispute, in case of unsuccessful conciliation; and minutes of conciliation during the settlement of the dispute;
c/ Extracts from the cadastral maps and records made in different periods related to the area of the disputed land and documents as evidence and proof in the process of dispute settlement;
d/ The proposal report and draft decision on settlement of the dispute or draft decision on recognition of successful conciliation.

The chairperson of the competent-level People’s Committee shall issue the decision on settlement of the dispute or recognition of successful conciliation, and send it to the disputing parties and organizations and individuals with related rights and obligations.

Article 90. Procedures for settlement of land disputes falling under the competence of the Minister of Natural Resources and Environment

A petition for settlement of a land dispute shall be filed with the Minister of Natural Resources and Environment.
After receiving a petition for settlement of a land dispute, the Minister of Natural Resources and Environment shall assign a relevant unit to advise on the settlement. The assigned unit shall collect and study documents, organize conciliation among the disputing parties. In case of necessity, it may propose the Minister of Natural Resources and Environment to decide to form a working team to verify the case in the locality; and shall complete the dossier and submit it to the Minister of Natural Resources and Environment for issuance of a decision on settlement of the land dispute.
A dossier of settlement of a land dispute must comprise:

a/ The petition for settlement of land dispute;
b/ The minutes of working with the disputing parties and related organizations and individuals; minutes of the field inspection of the disputed land; and minutes of conciliation during the settlement of the dispute;
c/ Extracts from the cadastral maps and records made in different periods related to the area of the disputed land and documents as evidence and proof in the process of settlement of the dispute in the locality;
d /The proposal report and draft decision on settlement of the dispute or draft decision on recognition of successful conciliation.

The decision on settlement of the land dispute or recognition of successful conciliation shall be sent to the disputing parties and organizations and individuals with related rights and obligations.

Article 91. Grounds for settlement of land disputes in case the disputing parties have no papers on land use rights and decisions on settlement of land disputes or decisions on recognition of successful conciliation are enforced

The settlement of land disputes in which the disputing parties have no certificate or any of the papers prescribed in Article 100 of the Land Law and Article 18 of this Decree shall be based on the following grounds:

a/ Evidences on the origin and use process of the land presented by the disputing parties;
b/ Actual land areas currently used by the parties in addition to the disputed land area and the average land area per household member in the locality;
c/ Conformity of the current use status of the disputed land parcel with land use master plans and plans already approved by competent state agencies;
d/ Preferential treatment policies toward persons with meritorious services to the State;
dd/ Regulations on land allocation, land lease and land use rights recognition.

Pursuant to regulations on enforcement of administrative decisions, provincial-level People’s Committees shall detail the enforcement of decisions on settlement of land disputes and decisions on recognition of successful conciliation.

Chapter VIII
MONITORING AND EVALUATION OF LAND MANAGEMENT AND USE
Article 92. Functions of monitoring and evaluation systems

To monitor and review the implementation of the land law; to analyze and evaluate the effectiveness of land management and use and impacts of land policies and law on the economy, society and environment.
To receive opinions of organizations and citizens on land management and use and forward them to competent agencies for settlement.
To make public information collected from the process of land management and use, and results of settlement prescribed in Clause 2 of this Article on the websites of the monitoring and evaluation systems.
To propose amendments and supplements to land policies and law; to devise measures to organize the implementation of land policies and law.

Article 93. Principles of designing and operation of monitoring and evaluation systems

Monitoring and evaluation systems for land management and use are components of the land information system; are established uniformly from the central to local level and publicized on the national information network in accordance with law.
Monitoring and evaluation systems for land management and use must reflect the scale, quality and effectiveness of land management and use; impacts of land policies and law; level of transparency and involvement of the people in the process of land management and use through qualitative and quantitative indicators.

Article 94. Provision and reflection of information on land management and use
The provision and reflection of information on land management and use must comply with the following provisions:

Natural resources and environment agencies shall report and provide fully, accurately, timely and objectively information on land management and use; results of implementation of land management projects to the People’s Committees of the same level and higher-level natural resources and environment agencies for updating in the monitoring and evaluation systems.
Other related ministries and sectors and provincial-level People’s Committees shall make reports and provide fully, accurately, timely and objectively information relating to land management and use within the scope of their respective management tasks to the Ministry of Natural Resources and Environment.
Organizations and individuals shall reflect fully, accurately, timely and objectively information on land management and use to land administration agencies and People’s Committees of all levels for updating in the monitoring and management systems.

Article 95. Responsibility for building and operating monitoring and evaluation systems

The Ministry of Natural Resources and Environment shall:

a/ Design and build the monitoring and evaluation systems for land management and use; manage and operate the monitoring and evaluation system for land management and use at the central level; and guide the management and operation of the monitoring and evaluation systems for land management and use in localities;
b/ Direct and guide the annual evaluation of the land management and use and impacts of land policies and law;
c/ Make periodical reports and specialized reports on the land management and use and impacts of land policies and law;
d/ Promulgate evaluation criteria and processes for the land management and use and impacts of land policies and law; report forms and reporting responsibility of natural resources and environment agencies.

Provincial-level People’s Committees shall direct the building and operation of the monitoring and evaluation systems for land management and use in their localities.
Local natural resources and environment agencies shall manage and operate the monitoring and evaluation systems for land management and use in their localities; report on the land management and use and impacts of land policies and law to the People’s Committees of the same level and higher-level natural resources and environment agencies upon request.

Chapter IX
HANDLING OF VIOLATIONS OF THE LAND LAW COMMITTED BY PERSONS ON OFFICIAL DUTY IN THE FIELD OF LAND
Article 96. Subjects to be handled

Heads of organizations, heads of agencies competent to decide on land management who commit violations of the land law.
Cadres and civil servants of land administration agencies of all levels and cadastral officers of communes, wards and townships who commit violations of regulations on the order and procedures in land administration.
Heads of organizations, cadres, civil servants, public employees and staff members of organizations that are allocated land by the State for management falling in the cases prescribed in Clause 1, Article 8 of the Land Law who commit violations of the land law related to their allocated land.

Article 97. Acts in violation of the land law committed by persons on duty in the field of land

Violations of regulations on administrative boundary dossiers and markers include the following acts:

a/ Distorting the position plans, coordinates table and written records of handover of administrative boundary markers;
b/ Planting administrative boundary markers at wrong positions in the field.

Violations of regulations on land use master plans and plans include the following acts:

a/ Failing to organize the formulation and adjustment of land use master plans and plans in time under regulations;
b/ Failing to strictly comply with regulations on public consultation in the process of land use planning;
c/ Failing to publicize land use master plans and plans; failing to publicize the adjustment or cancellation of the recovery or change of purpose of land areas indicated in land use plans for which no land recovery decision is issued or no permission is obtained for land use purpose change after three years; failing to report on the implementation of land use master plans and plans.

Violations of regulations on land allocation, land lease or change of land use purpose include the following acts:

a/ Allocating, re-allocating or leasing land at incorrect positions and with incorrect areas in the field;
b/ Allocating, re-allocating or leasing land or permitting change of land use purpose ultra vires, to or for improper subjects, or not in conformity with annual district-level land use plans approved by competent state agencies;
c/ Re-allocating or leasing land in hi-tech zones, economic zones or civil airports or airfields not in conformity with construction master plans approved by competent state agencies.

Violations of regulations on land recovery, compensation, support and resettlement include the following acts:

a/ Failing to give prior notice to persons whose land is recovered under Article 67 of the Land Law; failing to publicize compensation, support and resettlement plans;
b/ Failing to strictly comply with regulations on consultation on compensation, support and resettlement;
c/ Paying compensations to, providing support and organizing resettlement for, improper subjects or for incorrect areas and with incorrect compensation, support and resettlement levels; distorting land recovery dossiers; identifying incorrect positions and areas of recovered land in the field;
d/ Recovering land ultra vires, from improper subjects; not in conformity with land use master plans or plans already approved by competent state agencies;

Violations of regulations on land requisition include the following acts:

a/ Paying compensations to improper subjects, for incorrect areas, at incorrect levels, or not according to compensation time limits, to persons whose land is requisitioned;
b/ Requisitioning land not in the cases prescribed in Clause 1, Article 72 of the Land Law.

Violations of regulations on management of land allocated by the State for management include the following acts:

a/ Letting persons, who are allowed by law to temporarily use land, use land for improper purposes;
b/ Using land for improper purposes;
c/ Letting land be encroached upon, occupied or appropriated.

Violations of regulations on the order and administrative procedures in land management and use include the following acts:

a/ Failing to receive complete and valid dossiers, failing to give specific instructions when receiving dossiers, causing troubles to dossier submitters, receiving dossiers without recording in the monitoring register;
b/ Imposing additional administrative procedures against general regulations, causing troubles to persons requesting performance of administrative procedures;
c/ Settling administrative procedures not according to the prescribed order, delaying the handing of papers already signed by competent agencies to persons requesting performance of administrative procedures;
d/ Settling administrative procedures beyond prescribed time limits;
dd/ Refusing or failing to perform administrative procedures which, under the land law, have all conditions to perform;
e/ Performing administrative procedures ultra vires;
g/ Issuing decisions, writing opinions in or certifying dossiers against regulations, causing, or creating conditions for persons requesting performance of administrative procedures to cause, damage to the State; organizations or citizens;
h/ Causing loss of or damage to, or distorting, dossiers.
Article 98. Application of legal provisions on cadres, civil servants and public employees to handling violations of the land law committed by persons on official duty in the field of law
The principles of disciplining, statutes of limitations and time limits for disciplining, application of disciplinary forms, competence to discipline, order and procedures for consideration of disciplining and other issues related to the disciplining of cadres, civil servants and public employees must comply with the laws on cadres, civil servants and public employees.
Chapter X
IMPLEMENTATION PROVISIONS
Article 99. Handling of cases in which land recovery procedures are being carried out before July 1, 2014
Provincial-level People’s Committees shall scrutinize cases in which land recovery procedures are being carried out before July 1, 2014, and handle as follows:

In case there is already a document on on-principle approval of investment, introduction of location or notice of land recovery sent to every person whose land is to be recovered, or a document permitting the investor to reach agreement with land users within the project’s scope before July 7, 2014, but there is not yet a land recovery decision, then:

a/ The provincial-level People’s Committee shall permit the continued implementation of the project and apply the form of land recovery, or the investor shall acquire or lease land use rights, or receive land use rights as contributed capital under the Land Law, if such is conformable with the annual district-level land use plan already approved by a competent state agency;
b/ The provincial-level People’s Committee shall issue a document directing related organizations and individuals to stop the implementation of the project if it is not conformable with the approved annual district-level land use plan;
c/ In case of implementing a production or business project subject to land recovery by the State under which the investor is permitted to reach agreement with land users within the project’s scope, if there remain land areas on which agreement cannot be reached by July 1, 2014, the provincial-level People’s Committee shall decide to recover the remaining land area on which the investor and land users fail to reach agreement, for implementing the investment project.

In case there is a decision to enforce the land recovery decision before July 1, 2014, but the enforcement is not organized yet, the land recovery shall be enforced in accordance with the Land Law.

Article 100. Handling of cases in which land allocated or leased by the State before July 1, 2014, is not put to use or is used late
Provincial-level People’s Committees shall scrutinize cases in which the land allocated or leased by the State for implementation of investment projects before July 1, 2014, is not used or is used late under Point i, Clause 1, Article 64 of the Land Law, and handle as follows:

If there is already a document of a competent agency on this violation before July 1, 2014, but there is not yet a land recovery decision, the People’s Committee of a competent level shall handle under Point i, Clause 1, Article 64 of the Land Law; the extended duration shall be counted from July 1, 2014.
If there is already a land recovery decision before July 1, 2014, the land shall be recovered under this decision and the land use levy, land rental and assets invested on the recovered land shall be handled under the 2003 Land Law and guiding documents.

Article 101. Competence to adjust land allocation or lease decisions with regard to land allocated or leased before the effective date of the Land Law
State agencies competent to allocate or lease land defined in Article 59 of the Land Law are competent to decide on adjustments for cases in which land users obtain land allocation or lease decisions before July 1, 2014.
Article 102. Effect

This Decree takes effect on July 1, 2014.
This Decree replaces the following decrees:

a/ The Government’s Decree No. 181/2004/ND-CP of October 29, 2004, on the implementation of the Land Law;
b/ The Government’s Decree No. 17/2006/ND-CP of January 27, 2006, amending and supplementing a number of articles of the Decrees guiding the implementation of the Land Law, and Decree No. 187/2004/ND-CP on transformation of state companies into joint-stock companies;
c/ The Government’s Decree No. 84/2007/ND-CP of May 25, 2007, additionally providing the grant of land use right certificates, land recovery, exercise of land use rights, order and procedures for compensation, support and resettlement upon land recovery by the State and settlement of land-related complaints;
d/ The Government’s Decree No. 69/2009/ND-CP of August 13, 2009, additionally providing the land use planning, land price, land recovery, and compensation, support and resettlement;
dd/ The Government’s Decree No. 88/2009/ND-CP of October 19, 2009, on certificates of land use rights and ownership of houses and other land-attached assets.

Ministries, ministerial-level agencies, government-attached agencies and provincial- level People’s Committees shall scrutinize legal documents they have promulgated which are contrary to the provision of the Land Law and this Decree, for revision, supplementation or cancellation.

Article 103. Responsibilities of ministries, ministerial-level agencies, government- attached agencies, People’s Committees at all levels, and land users

The Ministry of Natural Resources and Environment, the Ministry of Justice, the Ministry of Construction, the Ministry of Finance, the Ministry of Transport, the Ministry of Home Affairs and other related ministries and sectors, and provincial-level People’s Committees shall guide the articles and clauses assigned in this Decree.
Ministers, heads of ministerial-level agencies, heads of government-attached agencies, chairpersons of People’s Committees at all levels, and other related organizations and individuals shall implement this Decree.-

ON BEHALF OF THE GOVERNMENT
PRIME MINISTER
Nguyen Tan Dung

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Resolution No. 02/NQ-CP of January 09, 2011

mplawadmin — Mon, 06 Jan 2014 09:10:59 +0000

THE GOVERNMENT ——-	SOCIALIST REPUBLIC OF VIET NAM Independence – Freedom – Happiness ———
No. 02/NQ-CP	Hanoi, January 09, 2011

RESOLUTION

ON MAJOR SOLUTIONS TO DIRECTING AND MANAGING THE IMPLEMENTATION OF THE 2011 SOCIO-ECONOMIC DEVELOPMENT PLAN AND STATE BUDGET ESTIMATE

In 2010, our country encountered a lot of difficulties and challenges. However under the Party’s leadership and the Government’s resolute and effective management and thanks to concerted efforts and the unity of all sectors, local administrations, enterprises and the entire population, the national economy achieved important results in economic growth, macro-stability, poverty reduction, assurance of social security, environmental protection-administrative reform, socio-political stability, maintenance of national defense and security, foreign affairs and raising of Vietnam’s stance in the world. Many socio-economic development objectives and targets were fully realized or even surpassed the 2010 plan, importantly contributing to the attainment of the major objectives and tasks of the 2006-2010 five-year socio-economic development plan. Still, besides achievements, the national economy also witnessed some limitations and weaknesses, especially in curbing inflation, controlling the trade deficit, bettering the payment balance, raising the quality of growth and settling burning social issues. In order to address these limitations and weaknesses, greater endeavors, efforts, unity and higher determination of the entire Party, population, army and political system will be required.
The year 2011 is the first year of the 2011-2015 five-year plan and the 2011-2020 ten-year strategy for socio-economic development. The successful implementation of the 2011 plan will be of great importance to laying premises for promoting socio-economic development, contributing to achieving the objectives and tasks of the 2011-201.5 five-year plan and the 2011-2020 ten-year socio-economic development strategy. The world economy in 2011 is forecast to continue developing in a complicated manner with many latent difficulties and challenges. In the context that our economy is integrating with the world economy more and more profoundly and extensively, we are required to promptly update ourselves with economic and social developments at home and abroad, enhance direction and management work to stabilize the macro-economy, promote production and develop business, assure social security and stabilize the people’s life.
The objectives of the 2011 socio-economic development plan, which were adopted at the 8th session of the XII^th National Assembly. include “To improve the stability of the macro-economy and lo control inflation in the process of renewing the growth model and restructuring the economy; to strive for a growth rate higher than that of 2010. higher quality, effectiveness and competitiveness of the economy; to assure social security and welfare and improve the people’s life; to maintain political stability; to continue consolidating national defense; lo assure social security, order and safety; and to raise the effectiveness of foreign affairs and international integration work.” These objectives have been concretized into major socio-economic targets, including: the gross domestic product (GDP) will rise 7-7.5% over that of 2010: the consumer price index will increase by 7% at most: the total export turnover will increase 10% over that of 2010, with the trade deficit not exceeding 18% of the export turnover; the stale budget deficit will be around 5.3% of the GDP; the total development investment capital source of the entire society will be equal to some 40% of the GDP; the number of newly enrolled students of universities and colleges, professional secondary schools, vocational colleges and secondary schools will increase 6.5%. 10% and 16.5% respectively; jobs will be created for 1.6 million laborers, including 87,000 laborers to be sent abroad as guest workers: the poor household percentage will be reduced 2% under the new poverty line, particularly A’A for 62 poor districts; 4% of total number of communes will attain the new countryside standards; 69% of seriously polluting establishments will be handled; the percentages of treated hospital waste and collected urban solid waste will be 82% and 83% respectively; and the forest coverage rate will be 40%,
In order lo fruitfully implement the National Assembly’s Resolutions No. 51/2010/QH12 on the 2011 socio-economic development plan; No. 52/2010/QH12 on the 2011 state budget estimate; and No. 53/2010/QH12 on the allocation of the 2011 central budget, the Government requests ministries, agencies and provincial-level People’s Committees to concentrate efforts on directing, managing and organizing the fruitful performance of the following major solutions:
Part I
MAJOR SOLUTIONS TO DIRECTING AND MANAGING THE IMPLEMENTATION OF THE 2011 SOCIO-ECONOMIC DEVELOPMENT PLAN AND STATE BUDGET ESTIMATE
I. FURTHER STABILIZING THE MACRO ECONOMY AND ENSURING THE ECONOMY’S MAJOR BALANCES
1. Controlling inflation and assuring market stability
a/ The Slate Bank of Vietnam shall proactively, flexibly and prudently execute monetary policies, coordinate with the Ministry of Finance and concerned ministries in harmoniously combining monetary policies and fiscal year policies in order to control the growth rate of total payment instruments and credit and keep interest rates at rational levels; proactively and flexibly adjust exchange rates according to the market situation; build the analyzing and forecasting capacity and take the initiative in adjusting the volume of supplied money to assure the liquidity of the banking system, contributing to controlling inflation;
b/ The Ministry of Finance shall assume the prime responsibility for, and coordinate with the Ministry of Industry and Trade and concerned ministries, agencies and localities in, promulgating or proposing competent agencies lo amend, supplement and perfect regulations on price management, intensifying the application of specific management measures to price registration, declaration and posting and sale of goods and services at posted prices in Vietnam dong. It shall take measures to promptly and effectively prevent speculation for price hikes; enhance the inspection and supervision of the implementation of regulations on price control of goods items subject to valorization by ministries, agencies and localities; and promptly and strictly handle violations of the law on price control:
c/ The Ministry of Health and the Ministry of Industry and Trade shall, within the ambit of their assigned functions and tasks, assume the prime responsibility for. and coordinate with the Ministry of Finance and concerned ministries, agencies and localities in, applying comprehensive and effective measures to control prices of medicines and milk at rational levels and prevent to the utmost unreasonable price hikes which affect consumers’ life;
d/ The Ministry of Industry and Trade shall assume the prime responsibility for, and coordinate with the Ministry of Finance, other ministries, agencies and localities in:
– Enhancing and raising the effectiveness of analyzing and forecasting work, closely monitoring market developments at home and abroad as well as elements which influence goods prices in order to promptly apply measures to regulate supply and demand and stabilize the market, paying particular attention to goods items subject to price valorization and those essential to production and life, not to let goods scarcity and price hikes occur. Closely coordinating with other ministries, agencies and localities in boosting production, enhancing the control of the supply of and demand for essential goods items and those subject to price valorization:
– Implementing synchronously market management measures, closely coordinating the market management force and the price inspectorate in inspecting and controlling prices and the market, preventing speculation and unreasonable price hikes, especially at seasonal points of time or periods in a year when price hikes are likely to occur such as public holidays, the lunar new year festival, the beginning and the end of a year; and strictly sanctioning violations of the law on commerce and market;
– Promoting the development of grassroots and rural commerce, the system of marketplaces, trading cooperatives, and retail shops and households. Formulating mechanisms and policies and taking appropriate measures to establish connections between producers and distributors and consumers in order to form stable channels of goods circulation of subject to food quality, hygiene and safety management.
Adopting appropriate measures to bring into play the role of consumers’ societies and associations. Studying, developing and applying appropriate mechanisms to promote e-commerce development:
– Finalizing and submitting to the Prime Minister in the first quarter of 2011 the master plan on e-commerce development in Vietnam through 2020.
e/ Ministries and agencies assigned to manage prices of goods items subject to state management and educational and healthcare services shall assume the prime responsibility for. and coordinate with the Ministry of Finance and other ministries, agencies and localities in:
– Further implementing the roadmaps for adjusting under the market mechanism prices of goods items currently managed by the State such as electricity, coal and clean water, while promoting investment in their production generation and conservation; forecasting impacts of the fluctuation of prices of these items on consumer price indexes so as to take appropriate controlling measures:
– Formulating and promulgating appropriate mechanisms and policies to step by step adjust prices of educational and healthcare services under the market mechanism, while implementing policies to provide rational supports for the poor and policy beneficiaries; intensifying the socialization of the provision of these services to raise their quality and efficiency.
f/ Ministries and agencies assigned to manage goods items essential to production and life shall assume the prime responsibility for. and coordinate with the Ministry of Industry and Trade and other ministries, agencies and localities in. further developing and improving the systems of distribution and circulation of these goods items, especially food, petrol, oil, steel, fertilizers and cement;
g/ The Ministry of Agriculture and Rural Development shall assume the prime responsibility for, and coordinate with other ministries, agencies and localities in. directing the building and development of the system of warehouses of food for domestic production and trading and export:
h/ The Ministry of Information and Communications shall assume the prime responsibility for, and coordinate with the Ministry of Finance, the Ministry of Industry and Trade and other ministries, agencies and localities in. implementing programs on public information and communication on mechanisms and policies, and actual prices and the market situation in realizing the guideline of making the market transparent and meeting the objective of providing timely, accurate, adequate and clear information on the market and prices.
2. Controlling the trade deficit and bettering the payment balance
a/ The Ministry of Industry and Trade shall assume the prime responsibility for. and coordinate with other ministries, agencies and localities in:
– Identifying key products and goods items for export which have advantages and high competitiveness so as to provide appropriate supports for boosting export; paying attention to the inspection of export quality. Further stepping up the planning and development of the trade infrastructure system, ports and storing yards for transportation and forwarding activities and warehouses at border gales. Formulating, promulgating and implementing policies to encourage enterprises to conserve energy and supplies, reduce input costs and apply modern technologies to raise the quality and competitiveness of exports. Formulating and submitting to the Prime Minister in the first quarter of 2011 a national program of action for development of export products;
– Raising the effectiveness of market forecast work, regularly updating and promptly publicizing information on the world market, especially key export markets and items, policy-changes and the application of safeguard measures; taking specific measures to raise the operation effectiveness of the trade commissions system: stepping up and raising the effectiveness of trade promotion activities and consolidating and expanding operations of overseas trade promotion offices; intensifying the advertising and protection of Vietnamese export brands overseas; early warning about the danger of antidumping, anti-subsidy or safeguard lawsuits against Vietnamese exports in order to take the initiative in responding lo or preventing them:
– Formulating a strategy for negotiation on free trade area (FTA) agreements; disseminating information and guidance on markets already treated as FTAs and adopt measures lo help enterprises efficiently exploit these markets; conducting proactive and active negotiations on FTAs which Vietnam is currently wishing to participate in on the basis of fully and truthfully evaluating advantages and challenges for Vietnam in order to expand export markets and attract investment in allied industries and services of high quality and added value to create highly competitive products in order to join the global production network and value chain;
– Scrutinizing agreements on mutual recognition between Vietnam and foreign countries, accelerating the conclusion of agreements with potential large export markets to create conditions for Vietnamese exports, remove technical barriers and reduce costs of exports, especially agricultural, forestry and fishery products;
– Adopting preferential tax, credit and land policies to support the development of allied industries and industries producing competitive consumer goods, with priority given to projects that create new production and export capacities: encouraging the combination of production industries and standardization of products to facilitate the reduction of costs. Finalizing and submitting to the Government in the first quarter of 2011 a scheme on development of allied industries;
– Formulating and submitting to the Prime Minister in the first quarter of 20.11 a national program of action for development of the production of import substitutes. Promulgating or proposing competent, authorities to promulgate and implement appropriate mechanisms and policies to encourage enterprises and investment projects on production of import substitutes, ensuring their quality and competitiveness, so that these projects can be put into operation as soon as possible to produce and market products;
– Publicizing the list of essential goods, the list of domestically available goods and the list of import products and goods likely to be unsafe for production and life. Devising and implementing measures to control imports in a comprehensive and effective manner, especially groups of non-essential goods and domestically available goods meeting quality requirements:
Intensifying the prevention and combat of trade frauds, import price frauds and cross-border smuggling, especially of petrol, oil cigarettes and minerals:
– Formulating appropriate and effective mechanisms to encourage the use of Vietnamese goods, stepping up the campaign “Vietnamese prefer using Vietnamese goods”; guiding ministries, agencies, localities and enterprises in elaborating specific criteria and plans for effective organization of this campaign.
b/ The Ministry of Finance shall assume the prime responsibility for, and coordinate with other ministries, agencies and localities in:
– Flexibly managing tax policies to boost export, limit imports and mitigate the trade deficit. Further reforming lax and customs clearance procedures in order to facilitate the export of goods;
– Intensifying tight inspection and supervision of the import of goods, supplies and equipment of state-funded projects, assuring the strict implementation of the Prime Minister’s Directive on use of domestically available quality goods, supplies and equipment;
– Stepping up the pilot application of export credit insurance;
– Taking appropriate and effective measures to control and prevent price transfer by enterprises, especially in the import of goods, supplies, machinery and equipment.
c/ The Ministry of Planning and Investment shall assume the prime responsibility for, and coordinate with other ministries, agencies and localities in, taking appropriate measures to attract more and accelerate the disbursement of official development assistance (ODA) and foreign direct investment (FDI) sources. Elaborating and submitting to the Prime Minister in the fourth quarter of 2011 a scheme on orientations for attracting, managing and using ODA sources and other preferential loans.
d/ The Stale Rank of Vietnam assume the prime responsibility for, and coordinate with the Ministry of Finance and other concerned ministries and agencies in:
– Increasing the inspection and oversight of inbound and outbound capital flows, especially foreign indirect investment (FII) capital; creating favorable conditions for attracting overseas Vietnam’s forex remittances to Vietnam: stepping up and raising the effectiveness of the analysis and forecast of inbound and outbound capital flows in order to proactively manage the forex market, stabilize the payment balance and increase the forex reserve in a rational manner:
– Using appropriate monetary policy tools to encourage commercial banks to provide loans for the production of goods items exportable to large markets.
e/ The Ministry of Health and the Ministry of Natural Resources and Environment shall assume the prime responsibility for, and coordinate with oilier ministries, agencies and localities in. formulating food hygiene and safely control and environmental protection mechanisms and policies applicable to imports, then submitting them to the Government in the first quarter of 2011:
f/ The Ministry of Science and Technology shall assume the prime responsibility for. and coordinate with the Ministry of Industry and Trade and other ministries managing production industries and sectors in. elaborating and promulgating technical and food quality, hygiene and safety regulations and standards and revising existing ones applicable to each group of imports, thereby step by step raising technical requirements, quality, hygiene and safely of foods according to international practice and actual conditions; limiting the import of goods which are obsolete in quality standards and unhygienic and unsafe for human health and the environment, especially goods import of which is not encouraged or needs to be limited.
3. Maintaining the stability of the monetary, credit and banking system
a/ The State Bank of Vietnam shall assume the prime responsibility for, and coordinate with ministries, agencies and localities in:
– Effectively implementing monetary policy tools; controlling the growth rate of the total, payment and credit instruments at a rational level, taking adjusting measures to reduce business loan interest rates applied by credit institutions in order to assure the stability of the macro economy, control inflation, contribute to developing production and business and stabilize the people’s life; taking measures to support commercial banks in providing loans for development of agriculture, rural areas, small- and medium-sized enterprises, export enterprises, and enterprises in allied industries. Limiting to the utmost the use of administrative measures;
– Further perfecting the legal framework on forex management; proactively and flexibly managing the forex market and exchange rates to suit the foreign currency supply and demand, thereby raising the liquidity of the market, boosting export, reducing trade deficit, bettering the international payment balance and contributing to increasing the foreign currency reserve; studying, amending and supplementing regulations on management of the international payment balance;
– Taking synchronous and effective measures to control the foreign-currency market and gold market; preventing and strictly handling activities of illegally trading in gold and collecting and exchanging foreign currencies. Further perfecting the legal framework. enhancing the management, inspection, supervision, publicity and transparency of information of the foreign-currency market and the gold market; taking appropriate measures to manage and control the capital and credit flows between these markets. Elaborating and perfecting regulations on management of gold trading in the direction of heightening the state management role and strictly controlling the production and circulation of gold bullions. Proposing appropriate solutions to mitigating the dollarization and gradually shifting from the relationship of domestic foreign-currency mobilization-lending by credit institutions to the foreign-currency sale and purchase relationship, then submitting them to the Prime Minister in the first quarter of 2011;
– Elaborating and submitting to the Prime Minister in the second quarter of 2011 a scheme on promotion of non-cash payment during 2011-2015;
– Further revising regulations on credit and banking safety according to an appropriate roadmap conformable with international practice and Vietnam’s socio-economic conditions; directing credit institutions in restructuring their assets and capital sources towards safety’ and sustainability. Concentrating on reviewing, amending and supplementing mechanisms and policies in order to raise the credit quality, enhancing inspection, supervision and early warning about system risks; assisting commercial banks and credit institutions in preventing risks und assuring the system safety.
b/ The Ministry of Finance shall assume the prime responsibility for, and coordinate with other ministries, agencies and localities in:
– Perfecting the legal framework, enhancing the management, inspection, supervision, publicity and transparency of information on the financial market, especially bond, securities, insurance and real estate markets, in order to raise the effectiveness of their operation and step up the raising of capital for socio-economic development:
– Managing plans on raising capital for the slate budget and investing in the development and efficient use of government bonds in suitability with the market capacity, capital disbursement and use progress.
c/ The Ministry of Justice shall assume the prime responsibility for, and coordinate with local administrations at all levels in. enhancing the state management of notary public, authentication and registration of security transactions, assuring the transparency, publicity and compliance with regulations, and contributing to firmly preserving the credit system safely.
4. Heightening financial discipline and reducing budget expenditures, thereby assuring that the government debit balance, public debts and foreign debts of the country are kept within the safety limits
a/ The Ministry of Finance shall assume the prime responsibility for, and coordinate with other ministries, agencies and localities in:
– Striving for an increase in revenues, reduction in expenditures for mitigating the state budget deficit in 2011 to below the level adopted by the National Assembly and gradually reducing it in subsequent years. Closely combining the fiscal policy with the monetary policy and other policies in order to realize the socio-economic development objective in 2011:
– Resolutely directing and enhancing the management of state budget revenues. combating revenue loss and tax arrears. especially taxes and levies on land and natural resources and loss of revenue caused by tax declaration frauds through price transfer: strictly observing regulations on auction of public assets; striving for an increase of over 5% in average slate budget revenues nationwide higher than the estimate approved by the National Assembly. Expeditiously perfecting legal institutions and grounds for assuring the state control of betting and prize-winning games:
– Intensifying the examination, supervision, inspection and audit of expenditures in the slate budget balance and expenditures managed via the state budget; borrowings for the on-lending purpose: guarantee for the Government’s loans: expenditures from the slate financial funds: loans and advances of ministries and localities. Further adding and perfecting penalties and sanctions for strictly handling violations in the use of the state budget;
-Allocating funds for the implementation of preferential policies towards people with meritorious services to the nation and policies in support of people eligible for social relief, and funds for the implementation of the new-national poverty line. Coordinating with ministries, agencies and localities in strictly managing national and local programs and projects: inspecting and supervising the use of financial sources for the effective implementation of social security and welfare policies towards eligible beneficiaries;
– Perfecting legal institutions, strictly managing and supervising government debts, public debts and national debts: assuring that these debts are within the safety limits; enhancing the management and supervision and assuring the efficient use of loans and the national financial safely. Finalizing and submitting to the Government in the first quarter of 2011 the national debt strategy through 2020. with a view toward 2030.
b/ The Ministry of Planning and Investment shall assume the prime responsibility for. and coordinate with the Ministry of Finance and other ministries, agencies and localities in. intensifying the examination, inspection and supervision of state-funded works and investment projects, thereby assuring the proper observance of regulations on investment and construction and set schedules; concentrating investment capital on effective works and projects which can be completed and put into operation in 2011; limiting to the utmost the advance of capital and expansion of projects funded by government bond capital; resolutely transferring or recovering investment capital from delayed or inefficient works and projects; stepping up thrift practice and waste combat and strictly handling violations in the use of state budget funds.
c/ Ministries, agencies and localities shall strictly adhere to the financial and budgetary discipline, enhancing the inspection and supervision of the use of the state budget; reviewing and concentrating investment capital on effective works and projects which can be completed in 2011 and 2012. The Ministry of Planning and Investment shall assume the prime responsibility for guiding ministries, agencies and localities in inspecting and strictly supervising the increase of total investments for state-funded works and projects. The increase of total investments must comply with prescribed procedures and regulations and should be limited.
II. STEPPING UP THE ECONOMIC RESTRUCTURING ASSOCIATED WITH THE RENEWAL OF THE GROWTH MODEL, AND RAISING PRODUCTIVITY QUALITY, EFFICIENCY AND COMPETITIVENESS OF THE ECONOMY
1. Stepping up the economic restructuring associated with the renewal of the growth model
a/ The Ministry of Planning and Investment shall assume the prime responsibility for, and coordinate with other ministries, agencies and localities in:
– Further improving and raising the quality of socio-economic development planning work, ensuring compatibility and connectivity between socio-economic development master plans and development master plans of sectors, regions and areas. Enhancing the inspection and supervision of the observance of master plans by ministries, sectors and localities, especially in the integration of regional master plans and sector master plans. Promptly proposing competent authorities to solve problems in the plan management and implementation;
– Elaborating plans and roadmaps for development of economic zones and industrial zones with comparative advantages in geo- economic conditions in combination with the sector restructuring, forming the value chain and the production and business linking network, stepping up the specialization and raising the value and quality of products;
– Elaborating and submitting to the Prime Minister for approval the master plan on development of human resources during 2011-2020 to meet national sectoral and local socioeconomic development objectives and targets. Guiding and supervising the implementation of human resource development master plans of ministries, agencies and localities;
– Perfecting regulations, mechanisms and policies on investment and raising the rationality and effectiveness of the investment structure. Concentrating efforts on attracting investment in sectors and economic regions with advantages. Strictly controlling the grant of licenses for and management of investment projects consuming large amounts of energy and natural resources; not granting new licenses or revoking licenses of projects which wastefully use energy and natural resources and pollute the environment;
– Revising the mechanism for decentralization of investment management in the direction of concentrating investment on key sectors and areas and assuring the socioeconomic efficiency of short-, medium- and long-term investments made by the whole country, sectors, regions and localities. Heightening the state management role of central agencies through direct management of natural resource exploitation, land use, casino, prize-winning electronic games and projects consuming large amounts of electricity and water or causing great environmental impacts;
– Further improving institutions and formulating new mechanisms and policies to optimally tap the potential and resources for socio-economic development combined with security and defense maintenance in Vietnam’s sea areas;
– Further finalizing and submitting to the Government in the first quarter of 2011 a scheme on renewal and accelerated restructuring of the economy during 2011-2020.
b/ The Ministry of Industry and Trade shall assume the prime responsibility for, and coordinate with the Ministry of Planning and Investment and other ministries, agencies and localities in, selecting products and services with a competitive edge before formulating appropriate mechanisms and policies to mobilize resources for development investment in the direction of step by step raising the ratio of added value and meeting environmental standards, proceeding to reduce the ratio of products processed for foreign parties and products consuming large amounts of energy and natural resources which are currently imported for use as production input materials;
c/ The Ministry of Agriculture and Rural Development shall assume the prime responsibility for, and coordinate with ministries, agencies and localities in:
– Selecting agricultural products with a competitive edge or great market demand or potential at home or abroad and then formulating appropriate mechanisms and policies to boost the development thereof; developing new models of production organization in agriculture, ecological agriculture and organic agriculture, application of high technologies and development of agricultural products of high economic value;
– Further intensifying investment in building the system of warehouses for some key farm produce, and building commodity production areas and developing the processing industry;
– Revising, perfecting and stepping up in a coordinated manner the implementation of regulations on provision of credit supports and technical, technological and infrastructure assistance for agriculture and rural areas. Further improving institutions and stepping up the implementation of the national target program on building of a new countryside. Concentrating on directing the elaboration and implementation of agricultural and rural development plans by commune-level administrative units.
d/ The Ministry of Finance shall assume the prime responsibility for. and coordinate with the Ministry of Agriculture and Rural Development and other ministries, agencies and localities in. organizing the pilot implementation of insurance for agricultural production; adopting appropriate policies to provide supports for and encourage farmers to participate in this type of insurance and insurance businesses to insure essential products which may greatly impact production and farmers’ life;
e/ The Ministry of Culture. Sports and Tourism shall assume the prime responsibility for, and coordinate with ministries, agencies and localities in. further improving mechanisms and policies to create resources for investment in the development of tourism, effectively implementing the program on tourism promotion and advertising; enhancing the direction and coordination in planning and investing in building infrastructure and training human resources for tourism in order to achieve the objective that Vietnam’s tourism will become a spearhead industries and generate a driving force for socio-economic development;
f/ The Ministry of Transport shall assume the prime responsibility for. and coordinate with ministries, agencies and localities in. taking appropriate active and specific measures to raise the mass transit capacity in big cities; developing the multi-modal transportation and improving the system of transport vehicles and services to meet the requirement of passenger and cargo transport quantity and quality, contributing to mitigating traffic congestions, especially in big cities:
g/ The Ministry of Science and Technology shall assume the prime responsibility for. and coordinate with ministries, agencies and localities in. stepping up the implementation of the Program on development of national products under the Prime Minister’s Decision No. 2441/QD-TTg of December 21. 2010.
2. Developing infrastructure and intensifying the mobilization of resources for development investment
a/ The Ministry of Planning and Investment shall assume the prime responsibility for, and coordinate with ministries, agencies and localities in:
Concentrating state capital on synchronously investing in strategic works and projects and assuring their effective operation. Taking synchronous measures to mobilize resources and assure sufficient capital, land, human resources and energy for development investment, especially development of major road and railway routes and power works;
– Raising the quality and efficiency of public investment: concentrating investment capital on key works which are incapable of capital retrieval. Revising and classifying the list of state investment projects according to investment priority objectives: paying attention to allocating capital for key. urgent and effective projects and projects which can be completed in 2011 and 2012. Revising current regulationson investment ratios for investment works and projects, first of all investment projects to build infrastructure funded by the state budget;
– Intensifying the inspection and supervision of the efficiency of development investment capital and government bond capital use. Not allocating government bond capital to projects and works which are ineligible, non-urgent or inefficient or for which investment procedures have not been completed. Transferring capital between projects or works in the same field to suit their progress and expected dales of completion; not carrying forward government bond capital amounts not used up in a year to the next year;
– Further perfecting the legal framework and taking appropriate measures to attract more social resources for investment in infrastructure and encourage various forms of public-private partnership (PPP) investment, private investment and foreign investment in infrastructure;
– Enhancing the investment examination, inspection and supervision. Taking measures to thoroughly practice thrift, combat waste and corruption in public investment.
b/ The Ministry of Finance shall assume the prime responsibility for, and coordinate with other ministries, agencies and localities in:
– Perfecting regulations, mechanisms and policies to raise capital for development investment through the financial market, securities market and bond market (government bonds, government-guaranteed bonds, municipal bonds and corporate bonds), thereby stepping up the raising and efficient use of capital sources for socio-economic development;
– Raising the efficiency of financial market operations through formulating a mechanism to develop intermediary financial institutions, diversifying and raising the quality of financial services, modernizing the information technology system and trading infrastructure, boosting the publicity and transparency of market information, and paying attention to personnel training and capacity building;
– Appraising and submitting to the Government for approval plans on issuance of government-guaranteed bonds of the Vietnam Development Bank and the Social Policy Bank; strictly observing regulations on governmental guarantees for policy banks and programs and projects to raise capital through issuing government-guaranteed bonds; and enhancing the inspection and supervision of capital use;
– Further perfecting regulations, mechanisms and policies, and enhancing the inspection and supervision of lottery business.
c/ The Ministry of Natural Resources and Environment shall assume the prime responsibility for. and coordinate with other ministries, agencies and localities in:
– Comprehensively reviewing and assessing the implementation of and proposing amendments and supplementations to the Land Law. Perfecting regulations, mechanisms and policies on land management and use. assuring revenues for the state budget and lawful benefits of people upon change of land use purposes; devising synchronous measures to raise the land use efficiency and promoting the role of the real estate market so that the land value will become an important resource for socio-economic development;
– Enhancing the inspection and supervision of land use by investment projects and enterprises: resolutely recovering land used for improper purposes or not under approved planning or in a wasteful and inefficient manner. Strictly handling speculation of land for hiking prices and self-seeking purposes and violations of regulations on land management and use;
Concentrating efforts on the settlement of compensation claims, ground clearance and resettlement and assurance of people’s interests. contributing to accelerating the construction and putting of works into operation;
– Coordinating with the Government Inspectorate and ministries, agencies and localities in promptly and definitely settling land-related complaints and denunciations, thus avoiding adverse impacts and public objection, especially in localities. Strictly handling violations in land management and use.
d/ The Ministry of Transport shall assume the prime responsibility for. and coordinate with other ministries, agencies and localities in, concentrating efforts on raising the capacity of investment and construction consultancy and the capacity of management of traffic works; enhancing the supervision of investment in the construction of traffic works and projects, assuring their quality and efficiency:
e/ The Ministry of Construction shall assume the prime responsibility for, and coordinate with other ministries, agencies and localities in, elaborating and submitting to the Government in the second quarter of 2011 a scheme on renewal of construction investment management mechanisms.
3. Assuring sufficient supply of electricity for production and consumption
a/ The Ministry of Industry and Trade shall assume the prime responsibility for, and coordinate with other ministries, agencies and localities in:
– Concentrating efforts on directing the settlement of difficulties and problems, adopting synchronous and resolute measures for construction contractors to accelerate the construction, hand over and put into use electricity works and projects, assuring their quality and set implementation schedules.
– Revising regulations on electricity generation, supply and consumption: closely inspecting and supervising the consumption of electricity by enterprises and investment projects, thereby assuring the conservation of electricity; formulating mechanisms and policies to encourage the conservation of electricity in production and daily life; strictly handling violations of regulations on electricity, generation, supply and consumption;
– Directing the electricity sector in working out plans on sufficient supply of electricity for production and limiting power cuts in 2011. Elaborating and submitting to the Government for approval in the first quarter of 2011 a national program on electricity conservation with specific and appropriate measures to encourage the conservation of electricity so as to reduce the power used in production and people’s daily life both by 10%;
– Elaborating and submitting to the Government in the first quarter of 2011 a scheme on establishment and operation of the National Steering Committee for Electricity to assure the consistency and raising the effectiveness of the direction and management concerning the generation, supply and consumption of electricity nationwide and in sectors, areas and localities;
b/ Ministries, agencies and localities shall concentrate efforts on synchronously and resolutely directing measures to facilitate the accelerated construction, handover and putting into operation of electricity works and projects; elaborating specific programs and plans on conservation of electricity in production and daily life within their ministries, agencies and localities;
c/ The Ministry of Information and Communications shall assume the prime responsibility for, and coordinate with the Ministry of Industry and Trade and other ministries, agencies and localities in, stepping up public information and communication about mechanisms and policies on electricity generation, supply and use; producing radio and television broadcasts aimed at mobilizing and encouraging enterprises and people to conserve electricity.
4. Stepping up the reform and raising the-operation efficiency of enterprises
a/ The Ministry of Planning and Investment shall assume the prime responsibility for. and coordinate with ministries, agencies and localities in:
– Perfecting regulations, mechanisms and policies on performance of the state management and the owner’s function of management of state enterprises, separating the function of state administration from that of representation of the state ownership at enterprises, thereby assuring the effective performance of the function of state ownership-over-enterprise representation: strengthening and consolidating legal organizations in state enterprises:
– Perfecting mechanisms and policies to promote and strongly develop non-state enterprises and economic organizations: creating an equal environment for enterprises of all economic sectors; assuring equality in opportunities and accessibility of enterprises to resources, especially land and investment credit capital. Fruitfully implementing the program on legal aid for enterprises. Formulating mechanisms and policies conducive to efficient and sustainable development of small- and medium-sized enterprises and collective economic organizations;
– Enhancing the management, inspection and supervision of the operation of enterprises, assuring strict observance of regulations on sector master plans and regional master plans, mobilization and efficient utilization of resources, environmental protection, and other relevant regulations.
b/ The Ministry of Finance shall assume the prime responsibility for, and coordinate with other ministries, agencies and localities in:
– Perfecting the management mechanism, enhancing the examination, inspection and supervision by state management agencies of stale enterprises; consolidating and raising the capability, efficiency, autonomy and accountability of state economic groups, corporations and enterprises;
– Further stepping up the reorganization and equitization of state enterprises, and reducing the number of state enterprises with dominant state shares, concentrating on key branches and industries of the economy in which non-stale sectors do not participate: eliminating the business monopoly in a number of industries greatly impacting the economy such as oil and gas, electricity, water, etc.;
– Enhancing the inspection and supervision of the borrowing, use and repayment of loans by state enterprises, preventing the collapse or bankruptcy of state enterprises due to non-performing loans. Resolutely dissolving or bankrupting Slate enterprises which suffer from business losses, inefficiently operate or lose state capital:
– Studying and formulating mechanisms and policies to step up the raising of capital for production and business development of enterprises. Stepping up the pilot provision of insurance for export, agricultural and small- and medium-sized enterprise- credit loans with appropriate supports or guarantees provided by the State to facilitate the expansion and channeling of credit loans into production and business, especially those of export enterprises, small- and medium-sized enterprises, agricultural and rural! enterprises.
c/ Ministries, agencies and provincial-level People’s Committees, boards of directors. members councils, directors general and directors of state economic groups, corporations and enterprises .shall seriously and effectively perform the reorganization, renewal, development and raising of the operation efficiency of state enterprises as requested in the Government Office’s Notice Mo.174/TB-VPCP of June 28, 2010, and the Prime Minister’s Directive No. 1568/CT-TTg of August 19, 2010, on implementation of the Political Bureau’s Conclusion No. 78-KL/TW of July 26, 2010.
5. Raising the quality and efficiency of the attraction and use of foreign direct investment capital
a/ The Ministry of Planning and Investment shall assume the prime responsibility for, and coordinate with other ministries, agencies and localities in;
– Formulating appropriate mechanisms and policies to encourage and attract investment projects to form a network linking production, business and allied industries in a value chain;
– Revising the regulation on decentralization of powers to manage foreign investment, assuring the autonomy of localities associated with responsibilities and penalties for violations, and heightening the inspection and supervision role of ministries and central agencies. Strictly handling violations of the law on management of foreign investment;
– Perfecting the information disclosure and reporting regime, enhancing the management, supervision, inspection and assessment of foreign direct investment in Vietnam and Vietnam’s offshore investment:
– Promulgating legal documents uniformly regulating and managing investment promotion activities nationwide; elaborating a strategy for investment promotion capable of harmoniously coordinating national investment promotion activities; drawing up and publicizing a list of projects calling for foreign direct investment during 2011-2015.
b/ The Ministry of Science and Technology shall assume the prime responsibility for. and coordinate with the Ministry of Planning and Investment and other ministries, agencies and localities in, reviewing and revising regulations on compulsory technological standards and technology transfer applicable to foreign-invested enterprises and projects;
c/ The Ministry of Labor. War Invalids and Social Affairs shall assume the prime responsibility for. and coordinate with the Ministry of Planning and Investment and other ministries, agencies and localities in. reviewing and revising regulations on compulsory employment and training of laborers and mechanisms and policies on wages, incomes and entitlements for employees of foreign invested enterprises and projects;
d/ The Ministry of Natural Resources and Environment shall assume the prime responsibility for. and coordinate with the Ministry of Planning and Investment and other ministries, agencies and localities in, reviewing and revising regulations on compulsory environmental protection by foreign-invested enterprises and projects. Not granting licenses for or revoking licenses of foreign investment projects which wastefully use land, energy, natural resources and minerals or violate the law on environmental protection.
6. Raising the productivity, quality, efficiency and competitiveness of the economy
The Ministry of Planning and Investment shall assume the prime responsibility for, and coordinate with other ministries, agencies and localities in:
– Implementing in a synchronous and effective manner and with a specific roadmap the Prime Minister’s Decision Mo. 1914/QD-TTg of October 19, 2010, approving the scheme on measures to raise the growth quality, efficiency and competitiveness of the economy:
– Expeditiously formulating and implementing appropriate mechanisms and policies to raise the productivity, quality and efficiency of production and business of enterprises, paying attention to science and technology enterprises, small- and medium-sized enterprises, and enterprises in allied industries;
– Formulating appropriate mechanisms and policies to encourage the formation and development of strong economic groups with brands and competitiveness on the domestic and world markets:
– Accelerating the organization of online business registration nationwide, creating favorable conditions for people and enterprises to make business registration. Formulating appropriate mechanisms and policies and creating all favorable conditions for enterprises to train and develop their human resources, apply science and technology, provide market information, enter into partnerships and observe national and international laws.
III. IMPLEMENTING THE MASTER PLAN ON, AND FURTHER RAISING THE QUALITY OR HUMAN RESOURCES, STEPPING UP THE APPLICATION OF SCIENCE AND TECHNOLOGY
1. Implementing the master plan on human resource development during 2011-2020
a/ Ministries, agencies and provincial-level People’s Committees shall approve and implement in the first quarter of 2011 the master plan on development of human resources under their management during 2011-2020. The Ministry of Planning and Investment shall assume the prime responsibility for, and coordinate with other ministries, agencies and localities in. elaborating and submitting to the Government in the second quarter of 2011 a master plan on development of human resources throughout the country during 2011-2020.
b/ The People’s Committees of provinces and centrally run cities in which exist key economic zones, industrial parks or hi-tech parks shall take the initiative in working with the Ministry of Education and Training, the Ministry of Labor, War Invalids and Social Affairs and the Ministry of Construction to train and supply human resources to meet business line-based demands of enterprises operating in these zones and parks for human resources both qualitatively and quantitatively; and at the same time, paying attention and creating favorable conditions for laborers’ work and daily life.
2. Raising the quality of human resources
a/ The Ministry of Education and Training shall assume the prime responsibility for, and coordinate with other ministries, agencies and localities in:
– Finalizing and submitting to the Prime Minister for approval in the second quarter of 2011 a strategy for development of education and training during 2011-2020;
– Further raising the education and training quality of all school grades based on the implementation of the strategy for development of education and training, implementing national target programs on education and training, the program on universalization of preschool education for 5-year-old children, and the program on solidification of schools, classes and public-duty houses for teachers, and raising the effectiveness of ethic and lifestyle education of pupils and students;
– Actively implementing the National Assembly’s Resolution on renewal of financial mechanisms for education and training during 2010-2015, and the Prime Ministers Directive on renewal of the management of tertiary education during 2010-2012;
– Organizing the general review of the socialization of education and training during 2006-2010. and proposing to the Government in the second quarter of 2011 measures to socialize education and training during 2011-2015.
b/ The Ministry of Labor, War Invalids and Social Affairs shall finalize and submit to the Prime Minister for approval in the second quarter of 2011 a strategy for development of jobs training during 2011-2020 and a program on job training for rural laborers. Expanding and raising the quality of job training with a view to developing the trained labor force both qualitatively and quantitatively; formulating appropriate mechanisms and policies to encourage the development of various forms of association between employers and labor-training establishments; intensifying training under training contracts; adjusting the training structure in line with the socio-economic development orientations;
c/ The Ministry of Construction shall coordinate with the Ministry of Education and Training and provincial-level People’s Committees in accelerating the building of student dormitories under the program on building of student dormitories;
d/ The Ministry of Finance shall assume the prime responsibility for, and coordinate with the Ministry of Education and Training, the State Bank of Vietnam, the Ministry of Labor. War Invalids and Social Affairs, the Ministry of Planning and Investment, the Social Policy Bank and the Vietnam Development Bank in. allocating sufficient funds for the programs on provision of loans for pupils and students, building of permanent schools, classrooms and public-duty houses, and building, of student dormitories;
e/ Ministries, agencies and localities shall coordinate with the Ministry of Education and Training, the Ministry of Labor, War Invalids and Social Affairs and investors in training high-quality human resources based on the approved master plan on development of human resources to promptly meet the demand of enterprises organizations and individuals;
f/ The Ministry of Culture. Sports and Tourism shall assume the prime responsibility for. and coordinate with the Ministry of Health, the Ministry of Education and Training, the Vietnam Women’s Union and concerned agencies in, submitting to the Prime Minister for approval in the third quarter of 2011 the programs on improvement of the stature and physical strength of Vietnamese people, sustainable development of Vietnamese families and development and promotion of Vietnamese cultural values.
3. Stepping up the application of science and technology
The Ministry of Science and Technology shall assume the prime responsibility for, and coordinate with other ministries, agencies and localities in:
– Finalizing and submitting to the Prime Minister for approval in the second quarter of 2011 a strategy for development and application of science and technology during 2011-2020. Stepping up the implementation of the program on development of national products.
– Stepping up the transfer of outcomes of scientific and technological researches for agricultural development.
– Formulating and promulgating appropriate support mechanisms and policies to promote the establishment of science and technology enterprises, encourage enterprises to invest in technological renewal and research and master imported technologies, proceeding to invent new technologies and prioritizing technologies conducive to conserving materials and energy and raising the value added and competitiveness of products.
– Taking measures to develop scientific and technological services, especially technological and intellectual property information, consultancy, brokerage, evaluation, appraisal and assessment, standards and technical regulations.
– Developing and strengthening the system of scientific and technological information centers, centers for application of scientific and technological advances, and scientific and technological development funds; promoting the development of various science and technology markets and online trading floors; forming technology trading centers in major economic regions.
– Further preparing necessary infrastructure facilities, legal grounds, manpower, technical and safely conditions for the development of nuclear power; implementing the master plan on peaceful utilization of atomic energy through 2020.
IV. GUARANTEEING SOCIAL SECURITY IN ASSOCIATION WITH IMPLEMENTING THE- PROGRAM ON SUSTAINABLE POVERTY REDUCTION, RAISING THE QUALITY OF HEALTHCARE FOR AND ASSURING THE CULTURAL AND SPIRITUAL LIFE OF PEOPLE
1. Guaranteeing social security in association with implementing the program on sustainable poverty reduction
a/ The Ministry of Planning and Investment shall assume the prime responsibility for, and coordinate with other ministries, agencies and localities in:
– Appraising and submitting to the Prime Minister items of and criteria for allocation of funds for national target programs; summarizing and submitting to the Government for reporting to the National Assembly Standing Committee optional plans on allocation of estimates of expenditures of national target programs in order to have grounds for allocation to ministries, central agencies and localities before January 31, 2011;
– Actively negotiating with international financial institutions, foreign governments and organizations on borrowing preferential loans at reasonable interest rates and with long terms for additionally funding the hunger eradication, poverty reduction, creation of jobs and provision of loans for pupils, students, poor households and other social security purposes.
b/ The Ministry of Labor. War Invalids and Social Affairs shall assume the prime responsibility for, and coordinate with other ministries, agencies and localities in:
– Expeditiously finalizing a Government’s draft resolution on orientations for sustainable poverty reduction during 2011-2020, and then submitting it to the Government in the first quarter of 2011.
– Intensifying measures to support the fast and sustainable poverty reduction for 62 poor districts, the program on supports for poverty reduction in communes, villages and hamlets meeting with exceptional difficulties, the national target program on sustainable poverty reduction during 2011-2015, and providing supports for the poor districts in sending overseas guest workers;
– Further improving policies towards people with meritorious services to the nation, and youth volunteers, and social relief policies; stepping up the settlement of problems in certification or recognition of people who participated in the resistance war and are eligible for preferential policies. Diversifying forms and models of social assistance and relief. Intensifying communication and education to raise public awareness and properly realizing gender equality in all social activities. Raising the quality and efficiency of child care and protection;
– Planning and investing in drug detoxification and post-detoxification management establishments, especially in key localities; establishments providing functional rehabilitation, nurturing, treatment, convalescence, care for and consultancy for people with meritorious services to the revolution, social policy beneficiaries, chronic mental patients, orphans and helpless people with disabilities.
c/ The State Bank of Vietnam shall assume the prime responsibility for, and coordinate with ministries, agencies and localities in. effectively taking measures to extend credit for the poor, agricultural sector, rural areas and farmers.
d/ The Ministry of Finance shall assume the prime responsibility for, and coordinate with other ministries, agencies and localities in, formulating and perfecting credit mechanisms and policies applicable to the poor, providing loans to pupils, students and policy beneficiaries, especially ethnic minority and poor people, in conformity with the orientation for sustainable poverty reduction during 2011-2020.
e/ The Ministry of Construction shall assume the prime responsibility for, and coordinate with other ministries, agencies and localities in. further effectively implementing the programs on housing for students, people with low incomes in urban centers and workers of industrial parks, elevation of grounds in response to Hoods in the Mekong River delta. and provision of housing supports for poor households in rural areas;
f/ The Ministry of Agriculture and Rural Development shall assume the prime responsibility for, and coordinate with other ministries, agencies and localities in. properly organizing the monitoring and assessment of impacts of and damage caused by natural disasters and epidemics for taking the initiative in using the reserve fund to combat natural disasters and epidemics, and intensifying the raising of social resources to remedy consequences, quickly restore production and stabilize the people’s life;
g/ The Ethnic Minority Committee shall assume the prime responsibility for, and coordinate with ministries, agencies and localities in:
– Continuing to direct the effective implementation of policies towards ethnic groups such as policies on production land daily-life water and residential land for poor ethnic minority people, policies on resettlement and relocation of people practicing nomadic fanning and living a nomadic life, commune cluster centers and the program on supports for poverty reduction in communes, villages and hamlets meeting with exceptional difficulties during 2011-2015.
– Studying and elaborating particular socio-economic development policies for areas inhabited by ethnic minority people and mountainous areas during 2011-2015.
h/ Ministries, agencies and localities shall generally review and assess the implementation of national target programs and national programs during 2006-2010 under their respective management: and the same time. promptly organizing the elaboration of plans for implementation of national target programs and national programs during 2011-2015 in the direction of clearly identifying the objectives, scope and beneficiaries of these programs for integration of similar contents, reduction of management units, then submitting them to the Ministry of Planning and Investment and the Ministry of Finance for appraisal, summarization and submission to the Government in the first quarter of 2011.
2. Stepping up employment
The Ministry of Labor War Invalids and Social Affairs shall assume the prime responsibility for, and coordinate with other ministries, agencies and localities in:
– Scaling up and raising the quality of job training, properly implementing approved job training schemes and programs; combining job training with job creation, self-employment and increase of incomes for laborers.
– Synchronously implementing mechanisms and policies to create jobs for, employ and provide job training for the poor, rural laborers, demobilized army men and urbanized areas.
– Expanding the markets for guest workers, especially those in which laborers can earn high incomes and are assured of labor safely; properly implementing policies, programs and schemes on sending overseas guest workers: intensifying job (raining and providing knowledge and other necessary supports for Vietnamese guest workers.
– Continuing with measures lo encourage and support labor-intensive enterprises and production or business establishments; properly implementing regulations on wages, social insurance, unemployment insurance and other support policies for the unemployed; building harmonious and healthy industrial relationships in enterprises.
– Building databases and enhancing the work of labor supply and demand forecast; developing activities of job placement and conselling and labor market information.
– Directing the proper performance of labor safety and hygiene, improvement of labor conditions and environment; and building harmonious, healthy and progressive industrial relationships in enterprises.
3. Raising the quality of public healthcare
a/ The Ministry of Health shall assume the prime responsibility for, and coordinate with other ministries, agencies and localities in:
– Accelerating the completion and putting into use of hospitals invested with government bond capital at the grassroots level, especially the district level: devising specific roadmaps and measures to reduce the patient overload at central- and provincial-level hospitals, especially specialized hospitals treating dangerous diseases. Extending the application of the regime of seconding medical workers from higher to lower levels in order to raise the quality of medical examination and treatment,
– Enhancing the state management of production, import, circulation and supply of medicines: adopting mechanisms to strictly control medicine prices; taking measures to strictly manage the quality of medical examination and treatment, especially in the private sector.
– Stepping up the socialization of medical and healthcare services by encouraging the founding of semi-public, private and foreign-invested healthcare establishments with appropriate mechanisms and policies on land, ground clearance and human resources. Diversifying medical services; developing hi-tech medical services. Intensifying the mobilization of resources for investment in building the system of hospital waste management and disposal.
– Studying and reforming the health insurance regime in the direction of making it mandatory with the minimum premium for all; adopting mechanisms and policies for the private sector to take part in the provision of these services.
b/ Ministries, agencies and localities shall take the initiative in applying appropriate preferential mechanisms and policies on land, ground clearance, human resources and credit to step up the socialization of medical and health care services, meeting the people’s needs for medical examination and care.
4. Assuring the people’s cultural and spiritual life
a/ The Ministry of Culture, Sports and Tourism shall assume the prime responsibility for, and coordinate with other ministries, agencies and localities in:
– Elaborating plans and programs on cultural development associated with developing tourism and economic activities. Effectively organizing the movement ‘All the people unite to build a cultured life”;
– Conserving, embellishing and promoting tangible and intangible cultural values of historical-cultural relics associated with providing supports for tourism development, Coordinating with local administrations in strictly managing festivals, cultural and sport activities, ensuring thrift and social security and order; mobilizing social resources instead of state budget funds for organizing festivals.
b/ The Ministry of Information and Communications shall assume the prime-responsibility for, and coordinate with other ministries, agencies and localities in:
– Raising the quality of information, press and publication activities; increasing the coverage of radio and television broadcasting in ethnic minority languages in deep-lying, remote and mountainous areas. Encouraging the creation of cultural, literary and artistic works. Elaborating and effectively implementing plans on scientific and technical development and technological application to information and communications activities;
– Organizing regular briefings and press conferences to notify news and press agencies of the socio-economic development. Further developing telecommunications and internet services; stepping up the application of information technology in state agencies and the entire society, contributing to boosting the socioeconomic development and international integration.
V. ENHANCING THE NATURAL DISASTER PREVENTION AND COMBAT ENVIRONMENTAL PROTECTION AND RESPONSE TO CLIMATE CHANGE
1. Natural disaster prevention and combat and response to climate change
a/ The Ministry of Natural Resources and Environment shall assume the prime responsibility for, and coordinate with other ministries, agencies and localities in;
– Paying attention to investment in physical foundations, equipment and training of establishments researching and forecasting natural disasters and climate change; raising the capability of weather and hydro-meteorological forecast in service of production and life;
– Concentrating efforts on implementing the national target program on response to climate change, especially sea level rise, prioritizing resources for strategic and coastal areas. Studying, surveying and assessing impacts of climate change before incorporating them in socio-economic development strategies, master plans, plans and programs of sectors, regions and localities and throughout the country. Elaborating and reporting to the Government in the second quarter of 2011 a scheme on biodiversity preservation in order to mitigate consequences of and suitably respond to the global climate change.
b/ The Ministry of Agriculture and Rural Development shall assume the prime responsibility for, and coordinate with other ministries, agencies and localities in effectively implementing the programs on upgrading sea and river dikes, solutions to fight inundation in major cities: taking the initiative in directing the effective response to natural disasters, typhoons and floods; and at the same time, taking timely and effective measures to prevent drought: and properly implementing the programs on redistribution or relocation of inhabitants from areas vulnerable to natural disasters;
c/ The Ministry of Construction shall assume the prime responsibility for, and coordinate with other ministries, agencies and localities in, studying and reporting to the Prime Minister in the second quarter of 2011 plans, models and mechanisms for building houses in response to typhoons, floods and natural disasters, which are suitable to the characteristics and conditions of provinces and geographical areas frequently hit by typhoons, floods and natural disasters.
2. Intensifying environmental protection and raising the efficiency of exploitation and use of natural resources
a/ The Ministry of Natural Resources and Environment shall assume the prime responsibility for, and coordinate with other ministries, agencies and localities in:
– Further studying, elaborating and submitting to competent authorities for promulgation or revision the legal system and system of standards and technical regulations on environmental protection;
– Enhancing examination, inspection, detection and strict handling of violations of the law on environmental protection. Concentrating efforts on settling environmental protection related problems in traditional craft villages, industrial parks and urban centers;
– Stepping up public information work to raise the awareness and responsibility of the entire population about environmental protection. Taking the initiative in promoting international cooperation, especially in the management and exploitation of rivers with concerned countries;
– Studying and revising mechanisms and policies to raise the effectiveness of the exploitation and use of natural resources and mitigate environmental impacts. Revising the mechanism for decentralization of powers to manage the exploitation and use of natural resources, paying attention to mineral resources, land, forest and water resources and other areas with great environmental impacts:
– Strictly controlling the licensing and management of the exploitation of natural resources and minerals; not extending, supplementing or re-granting mining licenses for enterprises which fail to satisfy environmental protection requirements under law. Strictly handling violations of the law on management and exploitation of natural resources and minerals.
b/ The Ministry of Construction shall assume the prime responsibility for, and coordinate with other ministries, agencies and localities in:
– Organizing the implementation of the program on fighting clean water wastage and loss of charge revenue, and disposal of solid waste; planning wastewater drainage systems, first of all in residential areas and industrial parks;
– Inspecting, revising or proposing appropriate and timely amendments to regulations, mechanisms, policies and master plans on development of cement and construction material industries, assuring the achievement of objectives of the environmental protection and economical use of minerals and energy.
c/ The Ministry of Industry and Trade shall assume the prime responsibility for, and coordinate with other ministries, agencies and localities in. revising or proposing appropriate and timely amendments to regulations, mechanisms, policies and master plans on development of steel industry, assuring the economical use of minerals and energy and environmental protection;
d/ The Ministry of Agriculture and Rural Development shall assume the prime responsibility for, and coordinate with other ministries, agencies and localities in. taking synchronous measures to protect and sustainably develop forest resources; enhancing the protection of special-use and protection forests; promoting the rapid development of production forests. Adopting appropriate mechanisms and policies to guarantee benefits of and encourage people to plant, protect and exploit forests in a rational and effective manner. Coordinating with one another in directing the forest management and protection and strictly handling violations of the law on forest management and protection;
e/ The Ministry of Finance shall assume the prime responsibility for, and coordinate with the Ministry of Natural Resources and Environment and other ministries, agencies and localities in, studying and submitting to competent authorities for promulgation new regulations or proposing amendments to current regulations on taxes, charges and fees related to environmental protection and exploitation and use of mineral resources.
VI. FURTHER PERFECTING THE LEGAL SYSTEM, STEPPING UP THE ADMINISTRATIVE REFORM. RAISING THE EFFECTIVENESS OF THE STATE MANAGEMENT PRACTICING THRIFT AND COMBATING WASTE, AND INTENSIFYING THE CORRUFHON PREVENTION AND COMBAT
1. Stepping up the administrative reform and raising the effectiveness of the state management
a/ The Ministry of Home Affairs shall assume the prime responsibility for, and coordinate with other ministries, agencies and localities in:
– Finalizing the master program on state administrative reform during 2011-2020, then submitting it to the Government in the first quarter 2011;
– Revising and perfecting the mechanism for decentralization of management powers between central and local levels, assuring the uniform management by the central government and promoting the autonomy, creativity and practical spirit of local administrations; combining the decentralization of powers with increased inspection and supervision by superiors and accountability of subordinates, upholding the responsibility of leaders;
– Further organizing the pilot implementation of policies to find, attract, arrange and preferentially treat talented people in official duties. Raising the quality of consultation with people and enterprises on the administrative procedure reform;
– Coordinating with the Government Office in organizing the control of administrative procedures in ministries, agencies and localities;
– Coordinating with the Ministry of Justice and other ministries, agencies and localities in studying, elaborating and publicly notifying compulsory standards on legal knowledge of cadres and civil servants in the state administrative system;
– Organizing the performance of the task of public-duty inspection in order to ensure administrative discipline and improve public-duty ethics; reforming the regime and methods of recruitment in order to step by step raise the quality of civil servants;
– Guiding ministries, agencies and localities in generally reviewing and appraising results of their term-based operation and performance of functions and tasks. On that basis, proposing to competent authorities for approval the organizational apparatus, functions, tasks and decentralization of powers of management in the new term.
b/ The Government Office shall assume the prime responsibility for, and coordinate with ministries, agencies and localities in. further fruitfully implementing the project on simplification of administrative procedures and enhanced control of administrative procedures. Elaborating and submitting to the Prime Minister in the first quarter of 2011 a prime ministerial decision to assign ministries, agencies and localities to implement the National Assembly’s Resolution on results of supervision of the administrative reform during 2001-2010. Further supplementing and perfecting the national database on administrative procedures. Urging ministries, agencies and localities to seriously simplify administrative procedures approved by the Government;
c/ The Ministry of Planning and Investment shall assume the prime responsibility for. and coordinate with other ministries, agencies and localities in:
– Further perfecting the system of legal institutions, mechanisms and policies in order lo create a favorable investment and business environment; simplifying the process of registration for establishment and dissolution of enterprises. Continuing to step up the review and inspection of the observance and implementation of investment certificates by project investors for revoking these certificates or transferring delayed projects or those with incapable investors to other capable investors;
– Raising the efficiency and effectiveness of the elaboration and implementation of strategies plans, master plans and policies. Raising the quality of the work of information, analysis and macro forecast in the process of policy making and implementation.
d/ The Ministry of Justice shall assume the prime responsibility for, and coordinate with other ministries, agencies and localities in:
– Elaborating and reporting to the Government for submission to the National Assembly Standing Committee and the National Assembly a law- and ordinance-making program of the XIII^thNational Assembly and in 2012; supplementing the National Assembly’s 2011 law- and ordinance-making program related to the administrative procedure reform under the Government’s resolutions;
– Concentrating on studying and revising the Civil Code for early reporting to the Government for consideration and commenting for its finalization and submission to the National Assembly;
– Studying and proposing to the Government for submission to the National Assembly for passage the format and contents of a legal document that consolidates the Law on Promulgation of Legal Documents and the Law on Promulgation of Legal Documents by People’s Councils and People’s Committees: assuring that the legal system is simple, easily accessible and convenient for application and implementation;
– Studying, advising and proposing to the Government amendments and supplementations to the Constitution and laws on organization of the slate apparatus in the spirit of the Resolution of the XI^th National Party Congress, for submission to the National Assembly Standing Committee and the National Assembly.
e/ The Ministry of Construction shall assume the prime responsibility for, and coordinate with other ministries, agencies and localities in:
– Revising mechanisms and policies for construction investment, construction licensing, management of investment in construction of urban centers to meet practical development requirements: enhancing the instruction, inspection and management of construction licensing and management of construction work quality;
– Studying and revising mechanisms and policies on urban centers; studying, drafting and submitting to competent authorities the Bill on Urban Centers:
– Implementing the master plan on a new countryside, directing the building of model homes in residential areas under the national target program on building new countryside during 2010-2020;
– Further revising and perfecting mechanisms and policies on econo-technical norms and construction cost norms to conform with the market mechanism and international practice. Developing a database on construction prices and publicizing the construction price index. Publicizing the set of work construction investment ratios for all types of works and new construction technologies;
– Continuing to determine criteria for assessing the real estate market and valuating real estate: studying and establishing a uniform system of information on the real estate market from the central to grassroots level.
f/ Ministries, agencies and localities shall, within the ambit of their functions and assigned tasks, organize the serious implementation of the Prime Minister’s Decision assigning ministries, agencies and localities to implement the National Assembly’s Resolution on results of supervision of the administrative procedure reform during 2001-2010. Concentrating resources and assuring the effective simplification of administrative procedures. Intensifying and raising the quality of consultation with people and enterprises.
2. Stepping up the thrift practice, waste combat and corruption prevention and combat
a/ The Government Inspectorate shall assume the prime responsibility for, and coordinate with ministries, agencies and localities in, intensifying the communication, mobilization and heightening of the sense of thrift practice and waste combat. Taking resolute and synchronous measures to prevent and combat corruption, concentrating on preventive measures and measures to improve publicity and transparency;
b/ The Ministry of Public Security shall direct the detection of and investigation into corruption cases and coordinate with concerned agencies in strictly handling these cases; studying and proposing measures to raise the effectiveness of the detection of and investigation into corruption cases; elaborating and submitting to the Government for promulgation a regulation on protection of corruption detectors and denouncers;
c/ The Ministry of Justice shall assume the prime responsibility for, and coordinate with ministries, agencies and localities in, effectively implementing the scheme on renewing and raising the effectiveness of judicial assessment. concentrating efforts on solving problems arising in criminal and civil procedures, contributing to making the handling of corruption prevention and combat cases more effective;
d/ The Ministry of Information and Communications shall assume the prime responsibility for, and coordinate with ministries, agencies and localities in, elaborating a program on communication and mobilization to substantially improve the awareness about and practice of thrift, waste combat, corruption prevention and combat associated with the movement on learning and following the moral example of President Ho Chi Minh.
VII. CONSOLIDATING NATIONAL DEFENSE AND SECURITY, ASSURING SOCIAL ORDER AND SAFETY. AND RAISING THE EFFECTIVENESS OF EXTERNAL AIT-AIRS WORK
1. Consolidating national defense and security and assuring social order and safety
a/ The Ministry of National Defense shall assume the prime responsibility for, and coordinate with other ministries, agencies and localities in:
– Prioritizing the sufficient supply of resources for strengthening the national defense potential, firmly defending the independence, sovereignty and territorial integrity of Vietnam, especially on the sea and islands. Resolutely combating, stopping and frustrating all plots and sabotaging activities of hostile forces;
– Caring for the livelihood of officers and soldiers; prioritizing investment in units stationed in strategic areas, border areas and islands. Carrying otit communication and education to raise the awareness and sense of responsibility of the entire political system and every citizen for building the all-the-people national defense;
– Stepping up the mobilization of forces for socio-economic development concurrently with consolidation of national defense and security in strategic and sensitive geographical areas. Finalizing and implementing a general scheme on economic-defense zones in land borders, sea areas and islands, and a scheme on socio-economic development in CT229 zones (former safety zones).
b/ The Ministry of Public Security shall assume the prime responsibility for, and coordinate with other ministries, agencies and localities in:
– Further perfecting legal grounds for taking synchronous measures to prevent, detect, combat, stop and promptly and strictly handle crimes infringing upon the national security and social order and safety, especially in strategic geographical areas, and assuring safety for important national events in 2011. especially the XI^th National Party Congress and the election of deputies to the XlII^th National Assembly. Working out plans for the effective implementation of the Political Bureau’s Directive No. 48-CT/TW of October 22, 2010, on enhancing the direction of crime prevention and combat in the new situation:
– Taking synchronous measures to reduce traffic accidents and congestions in major cities: intensifying the prevention and fighting of fire and explosion, and violations of the law on food hygiene and safety;
– Carrying out public information and education to raise the awareness and responsibility of the entire political system and people for building the people’s security disposition combined with the all-the-people national defense, and crime prevention and combat.
c/ The Ministry of Planning and Investment shall assume the prime responsibility for, and coordinate with the Ministry of Agriculture and Rural Development, the Ministry of National Defense, the Ministry of Public Security and other ministries, agencies and localities in. studying and submitting to the Prime Minister in the second quarter of 2011 regulations on foreign-invested forest plantation projects in the group of conditional investment projects. Directing localities in revoking investment certificates of foreign-invested forest plantation projects in national defense and security-sensitive areas and then allocating forestation land in these areas to local people and armed forces, and combining the socio-economic development with the maintenance of national defense and security;
d/ The Government Inspectorate shall assume the prime responsibility for, and coordinate with ministries, agencies and localities in. properly organizing the reception of citizens and settlement of complaints and denunciations under the Law on Complaints and the Law on Denunciations; further enhancing the inspection of the responsibility for settling complaints and denunciations of competent and responsible persons; promptly and lawfully settling complaints and denunciations, especially in class-action cases related to land, natural resources and environmental protection; concentrating efforts on thoroughly settling complicated or prolonged cases; devising and taking synchronous measures to put an end to the situation that citizens gather in crowds to file their complaints and denunciations with central agencies.
2. Raising the effectiveness of external affairs work
a/ The Ministry of Foreign Affairs shall assume the prime responsibility for, and coordinate with concerned ministries and agencies in.
– Taking the initiative in elaborating practical cooperation programs and schemes to elevate and develop more profoundly relationships with neighbor countries, strategic partners, big countries and traditionally friendly countries, assuring the interests of involved parties: boosting cooperation with potential partners in all regions;
– Stepping up economic foreign affairs work, organizing the effective implementation of the Party Secretariat’s Directive No. 41-CT/TW of April 15, 2010, on economic foreign affairs work. Monitoring and urging the implementation of international agreements and commitments reached during high-ranking visits; paying attention to gradual reduction of trade barriers and expand market, opportunities for exports;
– Further pushing forward the settlement of territorial border issues with bordering countries, and well addressing arising problems: actively exchanging opinions with related countries for boosting on-the-sea cooperation: resolutely combating all acts violating the sovereignty, sovereign rights and national interests of Vietnam in the East Sea;
Actively carrying out cultural foreign affairs; lobbying for more Vietnamese cultural and natural heritages to be recognized as world heritages by the United Nations Educational. Scientific and Cultural Organization (UNESCO). Properly implementing the Party’s and the State’s policies towards overseas Vietnamese; organizing activities of rallying and mobilizing overseas Vietnam to contribute to their native country;
– Coordinating with the State Bank of Vietnam and concerned ministries and agencies in well organizing in Vietnam the 2011 annual meeting of the Asian Development Bank (ADB).
b/ The Ministry of Industry and Trade shall assume the prime responsibility for, and coordinate with concerned ministries and agencies in. effectively implementing economic and trade treaties and agreements with Vietnam’s partners. Properly utilizing benefits of a member of the World Trade Organization (WTO); harmoniously and uniformly realizing WTO commitments. Effectively implementing the program on provision of post-WTO accession technical assistance. Further revising and elaborating the roadmap for realization of tariff cut commitments within the framework of concluded agreements suitable to Vietnam’s conditions.
c/ The Ministry of Justice shall assume the prime responsibility for. and coordinate with the Ministry of Public Security, the Supreme People’s Procuracy, the Supreme People’s Court and the Ministry of Foreign Affairs in, organizing the effective implementation of the Law on Judicial Assistance and judicial assistance agreements with foreign countries, proposing the expansion of cooperation on judicial assistance with foreign countries and territories, contributing to amplifying efficient and sustainable partnerships between Vietnam and foreign countries and territories, especially in economic development, investment, commerce and crime prevention and combat.
Part II
ORGANIZATION OF IMPLEMENTATION
1. Based on this Resolution and the Government’s 2011 working program, the Government, ministers, heads of ministerial-level agencies and government-attached agencies and chairpersons of provincial-level People’s Committees shall:
– Expeditiously elaborate, promulgate and implement in January 2011 specific action programs of each ministry, agency or locality, indicating the objectives, tasks, duration and units responsible for implementation, then send them to the Ministry of Planning and Investment before January 22, 2011, for summarization and reporting to the Government in its January 2011 regular meeting.
Concentrate on directing and managing in a resolute, flexible and effective manner measures specified in the Resolution, and the Party’s line and policies, the National Assembly and the Government’s policies; and assign a leader from their leaderships to assume the prime responsibility for and personally direct the implementation of the Resolution. Provincial-level People’s Committees shall direct the application of synchronous measures to concentrate resources for development investment, boost production and business, enhance the control of prices, market and food hygiene and safety combined with social security, cultural and social development and environmental protection in localities.
– Regularly inspect and supervise the progress and implementation results of their working programs; organize monthly briefings to review the implementation of the Resolution. Review, evaluate and report on the implementation of the Resolution on a monthly and quarterly basis to the Ministry of Planning and Investment before the 22^nd every month and the last month of every quarter. The Ministry of Planning and Investment shall assume the prime responsibility for, and coordinate with other ministries, agencies and localities in, conducting the inspection, supervision and review of the implementation of the Resolution for reporting to the Government at its monthly regular meeting.
2. Ministers and heads of ministerial-level agencies and government-attached agencies shall firmly grasp and seriously implement the Law on Promulgation of Legal Documents and measures to enforce the Law; attaching importance to raising the capacity of the apparatus and personnel, accelerating the elaboration and submission for promulgation of legal documents detailing and guiding laws and ordinances currently in force and those which take effect on January 1, 2011, in order to complete them in the first quarter of 2011. They shall carefully study and assess the impacts and effectiveness of mechanisms and policies before promulgating them or submitting to competent authorities for promulgation, paying attention to capability and conditions for their implementation, especially in difficulty-hit localities, deep-lying and remote areas. The Ministry of Justice shall assume the prime responsibility for, and coordinate with the Government Office in, urging and inspecting the elaboration of laws, ordinances and guiding documents according to set schedule.
3. Ministers, heads of ministerial-level and government-attached agencies, and chairpersons of provincial-level People’s Committees shall direct functional agencies in reviewing and assessing implementation results of the strategies, master plans and programs on development of sectors, regions and localities; elaborating development strategies, master plans, plans and programs for the coming period based on the 2011-2020 socio-economic development strategy and the 2011-2015 five-year socio-economic development plan adopted by the Xl^th National Party Congress and the National Assembly; and concurrently developing a framework program for monitoring and evaluating the implementation of the 2011-2015 live-year plan. The Ministry of Planning and Investment shall assume the prime responsibility for, review and report on the implementation of the Resolution to promptly serve the Government’s direction and management.
4. Ministries, ministerial-level agencies, government-attached agencies and provincial-level People’s Committees shall:
– Enhance their coordination in the implementation of the Resolution: and at the same time closely coordinate with agencies of the Party, the State, the Fatherland Front and mass organizations in successfully fulfilling the set objectives and tasks; uphold the sense of community responsibility and clearly define the functions, tasks, responsibilities and powers of each agency, organization or individuals in the implementation.
– Strive for greater transparency and responsibility of public duties; intensify supervision, inspection and appraisal of the performance by each agency, organization or individual; implement the mechanism for prompt and fair commendation, rewarding and disciplining of tasked persons.
– Proactively carry out monitoring and supervision so as to make appropriate, timely and flexible policy response; organize specialized teams to study sectors or domains under their assigned charge or the socioeconomic development in their localities so as to propose timely and effective direction and management measures.
– Direct the proper implementation of the Regulation on grassroots democracy, heightening the people’s role as supervisors of activities of cadres and state agencies. Intensify contact and dialogue between them and enterprises and people, and pay attention to directing the response to the kilter’s reasonable proposals and petitions.
5. Ministers, heads of ministerial-level agencies and government-attached agencies, and chairpersons of provincial-level People’s Committees shall lake full responsibility before the Prime Minister for implementing the Resolution in the fields, and for the functions and tasks, assigned to their ministries, agencies or localities. They shall actively provide adequate and timely information and intensify the exchange of information and receipt, of feedbacks from the people and enterprises on mechanisms and policies, especially those which directly affect the people’s life and enterprises’ operation; and enhance the direction and coordination of the mass media in properly carrying out the work of public information and communication to create a high consensus and combined strength of the entire nation for the successful fulfillment of the 201.1 targets and tasks.
6. Ministries, agencies and provincial-level People’s Committees shall review and assess their implementation of the Resolution within the ambit of their assigned functions and tasks, propose measures for the Government’s direction and management for the subsequent year, and report, them to the Prime Minister and concurrently send reports thereon to the Ministry of Planning and Investment before December 10, 2011. The Ministry of Planning and Investment shall summarize and appraise results of implementation of the Resolution by each ministry, and report them to the Government at its December 2011 regular meeting.-

ON BEHAIF OF THE GOVERNMENT
PRIME MINISTER
Nguyen Tan Dung

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