DECREE

Amending and supplementing a number of decrees detailing the implementation of the Land Law

______________________________

Pursuant to the June 19, 2015 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 amending and supplementing a number of decrees detailing the implementation of the Land Law.

Article 1. Scope of regulation

This Decree amends and supplements a number of articles of Decree No. 43/2014/ND-CP of May 15, 2014, detailing a number of articles of the Land Law, Decree No. 44/2014/ND-CP of May 15, 2014, on land prices, and Decree No. 47/2014/ND-CP of May 15, 2014, on compensation, support and resettlement upon land recovery by the State.

Article 2. To amend and supplement a number of articles of Decree No. 43/2014/ND-CP of May 15, 2014, detailing a number of articles of the Land Law

1. To amend and supplement Article 3 as follows:

“Article 3. Determination of land types

1. In case of using land without the papers prescribed in Clauses 1, 2 and 3, Article 11 of the Land Law, the land types shall be determined as follows:

a/ In case of stable use of land which has been acquired not through illegal encroachment, occupation or use purpose change, the land type shall be determined based on the current land use status.   

b/ In case of use of land which has been acquired through illegal encroachment, occupation or use purpose change, the land type shall be determined based on the origin of land and the process of land management and use.

2. In case the State allocates or leases land or permits land use purpose change, the land type shall be determined according to the approved land use master plan, construction master plan, urban master plan, master plan on rural residential areas, or master plan on building new-countryside communes, and under the investment project.

3. For a land parcel used for different purposes (other than residential land with gardens and ponds in the same parcel), the determination of land type prescribed in Clause 1 or 2 of this Article is as follows:

a/ In case it is possible to identify boundaries of land areas used for different purposes, the land parcel shall be divided into smaller parcels and the use purpose of each smaller parcel shall be determined;

b/ In case it is impossible to identify boundaries of land areas used for different purposes, the main use purpose shall be determined according to the 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 referred to as the provincial-level People’s Committee).

In case land on which a condominium is built for mixed purposes, with the floor area of the condominium partly used as working offices and commercial or service establishments, the main use purpose of the land area for building the condominium shall be determined as residential purpose.

4. Agencies competent to determine land types specified in Clauses 1, 2 and 3 of this Article are provincial-level People’s Committees, for organizations, religious establishments, foreign-invested enterprises, foreign organizations with the diplomatic function, and overseas Vietnamese that use land for implementing investment projects; or People’s Committees of urban districts, rural districts, towns or provincial cities (below collectively referred to as district-level People’s Committees), for households, individuals, communities and overseas Vietnamese eligible for house ownership under the housing law. In case of land recovery, agencies competent to determine land types are those competent to recover land in accordance with the land law.

In case both the provincial-level People’s Committee and district-level People’s Committee have the competence to determine the type of a land parcel, the provincial-level People’s Committee shall determine the type of such land parcel.”

2. To add the following Article 3a:

“Article 3a. Certification of stable income from agricultural production of households and individuals directly engaged in agricultural production under Clause 30, Article 3 of the Land Law

When carrying out the procedures for land allocation, registration for receipt of transferred or donated land use rights, grant of certificates of land use rights and ownership of houses and land-attached assets, or compensation and support upon land recovery by the State, People’s Committees of communes, wards or townships (below collectively referred to as commune-level People’s Committees) shall certify that households or individuals have stable income from agricultural production as follows:

1. The commune-level People’s Committee of the locality where a household or an individual directly engaged in agricultural production registers permanent residence shall certify that it/he/she has a stable income from agricultural production.

2. If the household or individual uses land not in the locality where it/he/she registers permanent residence, the commune-level People’s Committee of the locality where the household or individual directly engaged in agricultural production registers permanent residence shall certify that it/he/she has a stable income from agricultural production after obtaining written certification of the use of agricultural land from the commune-level People’s Committee of the locality where such land exists.”

3. To convert Clause 2 into Clause 3 and Clause 3 into Clause 4 of, and add new Clause 2 to, Article 4 as follows:

“2. Natural resources and environment agencies in a locality include the provincial-level Natural Resources and Environment Department, district-level Natural Resources and Environment Division, and land registration office assigned to perform a number of tasks in the state management of land.”

4. To amend and supplement Point a, Clause 1, Article 5 as follows:

a/ Land registration offices are public non-business units of provincial-level Natural Resources and Environment Departments and established or reorganized by provincial-level People’s Committees on the basis of consolidating the existing land use rights registration offices of provincial-level Natural Resources and Environment Departments and those of district-level Natural Resources and Environment Divisions in localities; have the legal person status, their own working offices and seals, and may open bank accounts for operation in accordance with law.

Land registration offices have the functions of registering land and land-attached assets; granting certificates of land use rights and ownership of houses and land-attached assets as authorized; compiling, managing, updating, surveying and uniformly revising cadastral dossiers and land databases; making land statistics and inventory; providing land-related information to organizations and individuals at their request and providing other services within the ambit of their functions, tasks and capacity in accordance with law;”

5. To add the following Article 5a:

“Article 5a. Capacity conditions on organizations and individuals conducting land survey and assessment

1. A non-business organization or an enterprise may conduct land survey and assessment when fully meeting the following conditions:

a/ Having the function of conducting land survey and assessment, for state non-business organizations;

b/ Having at least 5 individuals who fully satisfy the conditions prescribed in Clause 2 of this Article;

c/ Having sufficient equipment and technologies suitable to the method applied under the Minister of Natural Resources and Environment’s technical regulations on land survey and assessment.

2. An individual of an organization having the function of conducting land survey and assessment may conduct land survey and assessment when fully meeting the following conditions:

a/ Having full civil act capacity;

b/ Possessing a university or higher degree in land administration, cadastral work, earth science, soil study, or environment, or another discipline relating to land survey and assessment;

c/ Having worked for at least 36 months in land resource management or land survey and assessment.

3. An organization that wishes to analyze soil samples must have a soil analysis laboratory certified by a competent agency.”

6. To add the following Article 5b:

“Article 5b. Conditions on organizations or individuals establishing land information systems

1. Conditions on organizations or individuals establishing information technology infrastructure or developing software of land information systems must comply with the law on management of state budget-funded investment in application of information technology.

2. A non-business organization or an enterprise may develop land databases when fully meeting the following conditions:

a/ Having the function of developing land databases, for state non-business organizations;

b/ Having at least 10 individuals, for district-level land databases, or having at least 15 individuals, for provincial- or national-level land databases, who fully satisfy the conditions prescribed in Clause 3 of this Article;

c/ Having technological infrastructure and equipment for developing land databases under the regulations of the Minister of Natural Resources and Environment.

3. An individual of an organization developing land databases may practice developing land databases when fully meeting the following conditions:

a/ Having full civil act capacity;

b/ Possessing a university or higher degree in land administration, cadastral work, geodesy and cartography, or information technology, or another discipline relating to land databases;

c/ Having worked for at least 24 months in land resource management or land database development.

4. The scope of development of land databases covers development of district-, provincial- and national-level land databases.

The national-level land database shall be developed only after the Ministry of Natural Resources and Environment conducts appraisal and assessment and concludes that the conditions prescribed in Clause 2 of this Article have been fully satisfied.

5. Process of appraising and assessing the capacity conditions on organizations developing land databases:

a/ A non-business organization or an enterprise shall send a dossier to the Ministry of Natural Resources and Environment for appraisal of its capacity conditions. The dossier must comprise:

- A document stating the contents and volume of the task of developing land databases to be performed;

- A copy of the establishment decision, enterprise registration certificate or investment registration certificate in the field of information technology or cadastral survey and cartography and land administration; or license to conduct cadastral survey and cartography;

- A list and quantity of technological equipment of different types to be used for developing land databases;

- A list of officers registering to participate in the development, stating their professional qualifications, certificates of training in land database development, and working experience of each officer;

- A list of land database development projects and works (if any) which the organization or enterprise has implemented or is implementing or in which it participates.

b/ Within 30 days after receiving a complete and valid dossier, the Ministry of Natural Resources and Environment shall complete the appraisal and notify appraisal results to the organization or enterprise.”

7. To amend and supplement Clause 4, Article 6 as follows:

“4. 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 or 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, pursuant to Clauses 1, 2 and 3 of this Article, the Prime Minister-promulgated model regulation on management and use of land development funds and other relevant regulations, decide to establish, or adjust the functions and tasks of, previously established land development funds and decide on the organizational structures, financial sources and operation mechanisms of land development funds to suit local practical conditions.”

8. To convert Clause 5 into Clause 6 of, and add Clause 5 to, Article 7 as follows:

“5. When it is necessary to adjust the size, location or number of projects or works without changing land use norms by land type and land use areas by function under the district-level land use master plan, the district-level Natural Resources and Environment Division shall summarize land use demands of organizations, households and individuals and submit them to the district-level People’s Committee for reporting to the provincial-level Natural Resources and Environment Department which shall submit such demands to the provincial-level People’s Committee for consideration and approval, and update them into the subsequent year’s district-level annual land use plan.

If the addition of a project or work involves land recovery under Clause 3, Article 62 of the Land Law, the approval of the provincial-level People’s Council is required before the provincial-level People’s Committee considers and permits such addition, which shall be updated into the subsequent year’s district-level annual land use plan.”

9. To add the following Article 7a:

“Article 7a. Land use master plans in master plans to build new-countryside communes

1. The contents of a land use master plan in a master plan to build new-countryside communes must be in line with the district-level land use master plan.

The master plan to build new-countryside communes approved by a competent state agency before the effective date of this Decree must have the land use master plan therein reviewed and adjusted to comply with the district-level land use master plan.

2. Land recovery, land allocation, land lease, or permission for land use purpose change for implementation of the master plan to build new-countryside communes shall be based on the district-level annual land use plan approved by a competent state agency.”

10. To add the following Clause 6 to Article 9:

“6. Order and procedures for submitting to provincial-level People’s Committees for consideration and permission the adjustment of the size, location or number of projects or works without changing land use norms by land type and land use areas by function under district-level land use master plans:

a/ Within 7 days after receiving a proposal for adjustment of the size, location or number of projects or works using land under the district-level land use plan, the district-level Natural Resources and Environment Division shall report such to the district-level People’s Committee for the latter to send a dossier to the provincial-level Natural Resources and Environment Department for consideration and submission to the provincial-level People’s Committee. Such a dossier must comprise a report of the district-level People’s Committee; a list of projects or works to be adjusted; and a drawing showing the locations, boundaries and areas of projects or works to be adjusted;

b/ Within 3 days after receiving a complete and valid dossier, the provincial-level Natural Resources and Environment Department shall submit it to the provincial-level People’s Committee. Within 5 days after receiving a complete dossier from the provincial-level Natural Resources and Environment Department, the provincial-level People’s Committee shall consider and approve the adjustment, which shall be updated into the subsequent year’s district-level annual land use plan;

c/ If the addition of a project or work involves land recovery under Clause 3, Article 62 of the Land Law, within 10 days after receiving a valid dossier, the provincial-level Natural Resources and Environment Department shall summarize the list of projects or works involving land recovery and report it to the provincial-level People’s Committee for the latter to submit the list to the provincial-level People’s Council for approval.”

11. To add the following Clauses 5, 6 and 7 to Article 14:

“5. In case a household or an individual wishes to use land for rice cultivation, protection forest or special-use forest land for another purpose for implementing an investment project, it/he/she shall comply with Clause 1, Article 58 of the Land Law.

6. In case the change of use purpose of land for rice cultivation, protection forest or special-use forest land has been approved in writing by the Prime Minister or approved under a resolution of the provincial-level People’s Council while no decision on land recovery, land allocation, land lease or permission for use purpose change is issued for implementing a project, such change may be effected within 3 subsequent  years as prescribed in Clause 3, Article 49 of the Land Law, and the household or individual is not required to carry out again the procedures for requesting approval of the Prime Minister or provincial-level People’s Council as prescribed in Clause 1, Article 58 of the Land Law if it/he/she continues implementing the project.

7. The change from rice to perennial plants to be grown on land for rice cultivation by a household or an individual is as follows:

a/ The household or individual shall register the change with the commune-level People’s Committee of the locality where the land exists;

 b/ The commune-level People’s Committee of the locality where the land exists shall decide on types of perennial plants to be grown instead of rice, provided the growing of such perennial plants must not cause loss of any conditions appropriate for growing rice again, such as not causing deformities, pollution or deterioration of the land for rice cultivation; or not causing damage to traffic works or irrigation works serving rice cultivation, and must comply with the commune’s plan on change from rice to perennial plants to be grown on land for rice cultivation;

c/ Land for rice cultivation undergoing change of trees to be grown thereon which satisfies the conditions specified at Point b of this Clause shall still be treated as land for rice cultivation;

d/ The Ministry of Agriculture and Rural Development shall assume the prime responsibility for, and coordinate with the Ministry of Natural Resources and Environment in, prescribing in detail the growing of other plants on land for rice cultivation.”

12. To add the following Points c, d and dd to Clause 2, Article 15:

“c/ If it is identified by the time of examination or inspection that the land has not been used for over 12 consecutive months or the land use has been behind the schedule for over 24 months, the point of time for counting the land use schedule extension of 24 months shall be counted from the date the agency competent to allocate or lease land issues a decision on extension. This decision shall be issued within 30 days after the date of receipt of a report on examination results or an inspection conclusion if so requested in writing by the land user;

d/ A land user that has failed to use land for over 12 months or delayed the land use for over 24 months shall, if wishing to extend the land use schedule, send a written request to the People’s Committee competent to allocate or lease land for consideration and decision on extension.

After 15 days from the date a state agency issues a document identifying the violation, if the land user files no written request for extension, the People’s Committee competent to allocate or lease land shall decide to recover the land under regulations;

dd/ The Ministry of Finance shall prescribe in detail the determination of payable land use levy or land rental during the period of 24-month land use schedule extension mentioned at Point i, Clause 1, Article 64 of the Land Law.”

13. To add the following Article 15a:

“Article 15a. Land recovery in case land users fail to perform their obligations

Land recovery in case land users fail to perform their obligations toward the State under Point g, Clause 1, Article 64 of the Land Law shall apply when land users fail to perform or fully perform their obligation to pay land use levy or land rental in accordance with law even though they have coerced by competent state agencies to perform financial obligations.”

14. To add the following Article 15b:

“Article 15b. Land recovery in case of termination of operation of investment projects under the investment law

Land recovery in case of termination of operation of investment projects under the investment law, except the case of land recovery by the State under Clause 1, Article 64, or Clause 1, Article 65, of the Land Law, is as follows:

1. In case of land allocation by the State with land use levy or land lease by the State with one-off payment of land rental for the entire lease term:

a/ The project owner may continue using the land for 24 months from the date the investment project terminates its operation in accordance with the investment law;

b/ Within 24 months from the date the investment project terminates its operation under regulations, the project owner may transfer the land use rights and sell land-attached lawful assets to another investor in accordance with law.

Upon the expiration of the period of 24-month land use schedule extension, if the project owner can neither transfer land use rights nor sell land-attached lawful assets to another investor, the State shall recover the land under Point i, Clause 1, Article 64 of the Land Law.

2. In case of land lease by the State with annual payment of land rental:

a/ The project owner may continue using the land for 24 months from the date the investment project terminates its operation in accordance with the investment law;

b/ Within 24 months from the date the investment project terminates its operation under regulations, the project owner may sell land-attached lawful assets to another investor in accordance with law.

The State shall recover land from the seller of leased land-attached assets in order to lease it to the asset buyer;

c/ Upon the expiration of the period of 24-month land use schedule extension, if the project owner cannot sell its/his/her land-attached lawful assets to another investor, the State shall recover the land under Point i, Clause 1, Article 64 of the Land Law.”

15. To add the following Clauses 5, 6, 7, 8, and 9 to Article 16:

“5. In case the land area for implementing a production or business project covers the land area belonging to the agricultural land fund used for public-utility purposes or covers the land area which the current user is not permitted to transfer, lease or contribute as capital under the land law and there is no asset attached to the land, the competent People’s Committee shall decide to recover such land area and lease it to the project owner for implementing the project.

6. In case the land area for implementing a production or business project covers the land area allocated by the State for management under Article 8 of the Land Law, the competent People’s Committee shall decide to recover such land area and lease it to the project owner for implementing the project.

7. In case of using land for implementation of an investment project through buying land-attached assets, receiving transferred or leased land use rights, or receiving land use rights contributed as capital while land use terms are different, the land use term shall be re-determined to correspond to the duration of such investment project under Clause 3, Article 126 of the Land Law; in case investment procedures under the investment law are not required, the land use term shall be decided by the People’s Committee competent to allocate or lease land but must not exceed 50 years. In case of receipt of transferred land use rights for land eligible for stable and permanent use, the land use term shall be re-determined as stable and permanent.

8. The use of land for production or business purpose through purchasing land-attached assets, receiving transferred or leased land use rights or receiving land use rights contributed as capital shall only apply to the cases prescribed in Article 73 of the Land Law.

9. The Ministry of Natural Resources and Environment shall prescribe in detail this Article.”

16. To amend Point c of, and add Points d, dd and e to, Clause 2, Article 18, as follows:

“c/ An application for registration of land and field use rights, in case of unavailability of the papers specified at Points a and b of this Clause.

If such application states different points of time of its making and certification, the point of time of application making is the earlier one stated in the application;

d/ A paper certifying the registration of land use rights granted by the commune-, district- or provincial-level People’s Committee to the land user;

dd/ A paper on house registration declaration certified by the commune-, district- or provincial-level People’s Committee, which states the area of land with a house;

e/ A paper on allocation of land by a national defense unit to its officers and soldiers for building houses before October 15, 1993, under the Minister of National Defense’s Directive No. 282/CT-QP of July 11, 1991, and such allocation complies with the master plan on the use of land for building houses of officers and soldiers under the approved master plan on land areas for national defense purpose.”

17. To add the following Clause 9 to Article 18:

“9. Provincial-level Natural Resources and Environment Departments and district-level Natural Resources and Environment Divisions shall provide land inventory books or land survey books made before December 18, 1980, as prescribed in Clause 1 of this Article which they currently archive to commune-level People’s Committees and land users to serve registration and grant of certificates of land use rights and ownership of houses and land-attached assets.”

18. To amend and supplement Point a, Clause 5, Article 22, as follows:

“a/ For land parcels with houses, residential land areas shall be recognized as equal to the recognition limits of residential land areas in localities if the land was stably used before October 15, 1993; or as equal to the allocation limits of residential land areas in localities if the land was stably used during the period from October 15, 1993, to before July 1, 2014;”

19. To add the following Clause 6 to Article 23:

“6. In case an applicant for certificate of land use rights and ownership of houses and land-attached assets for a land parcel allocated ultra vires before July 1, 2004, and such land is dispute-free and included in the approved master plan but, at the time of grant of certificate, the land has or does not have a house, the applicant may be granted a certificate and shall perform financial obligations under regulations.”

20. To add the following Article 24a:

“Article 24a. Grant of certificates of land use rights and ownership of houses and land-attached assets for land areas increased against those stated in land use rights papers for current land users

If, after being re-surveyed, the actual area of a land parcel is increased against the area stated in the granted certificate or paper on land use rights under Article 100 of the Land Law and Article 18 of this Decree, and actual boundaries of the land parcel change against those stated in such certificate or paper, the grant of a certificate of land use rights and ownership of houses and land-attached assets for the increased land area is as follows:

1. In case the land area increased from the receipt of transferred, inherited or donated land use rights is already accompanied by a certificate:

a/ Procedures for transfer, inheritance or donation for the increased land area under Article 79, and Clause 2, Article 82, and procedures for renewal of a certificate for the original land parcel (without the increased land area) under Article 76, of this Decree shall be carried out if the original land parcel is already accompanied by a land use rights certificate, without requiring the land user to carry out the procedures for consolidation of the land parcel. The land registration office shall certify the application for re-grant or renewal of a certificate of land use rights and ownership of houses and land-attached assets for the increased land area and send cadastral information to the tax agency, submit the application for a certificate, update and modify the cadastral dossier and land database for the whole land parcel area under use, and hand over the certificate to the eligible person or send it to the commune-level People’s Committee for handover in case the dossier is submitted to the commune-level People’s Committee;

b/ Procedures for transfer, inheritance or donation for the increased land area under Article 79, and Clause 2, Article 82, and procedures for first-time grant of a certificate for the original land parcel under Article 70, of this Decree shall be carried out if the original land parcel is already accompanied by a land use rights paper prescribed in Article 100 of the Land Law and Article 18 of this Decree. The land registration office shall certify the application for a certificate of land use rights and ownership of houses and land-attached assets for the increased land area and send cadastral information to the tax agency, submit the application for a certificate, update and modify the cadastral dossier and land database for the whole land parcel area in use, and hand over the certificate to the eligible person or send it to the commune-level People’s Committee for handover in case the dossier is submitted to the commune-level People’s Committee.

2. In case the land area increased from the receipt of transferred, inherited or donated land use rights before July 1, 2014, is already accompanied by a land use rights paper prescribed in Article 100 of the Land Law and Article 18 of this Decree:

a/ Procedures for first-time grant of a certificate for the increased land area under Article 70, and procedures for renewal of a certificate for the original land parcel under Article 76, of this Decree shall be carried out if the original land parcel is already accompanied by a certificate. The land registration office shall certify the application for re-grant or renewal of a certificate of land use rights and ownership of houses and land-attached assets for the increased land area and send cadastral information to the tax agency, submit the application for a certificate, update and modify the cadastral dossier and land database for the whole land parcel area in use, and hand over the certificate to the eligible person or send it to the commune-level People’s Committee for handover in case the dossier is submitted to the commune-level People’s Committee;

b/ Procedures for first-time grant of a certificate under Article 70 of this Decree shall be carried out for the whole land parcel area if the original land parcel is already accompanied by a land use rights paper prescribed in Article 100 of the Land Law and Article 18 of this Decree.

3. In case an increased land area is not accompanied by a land use rights paper as prescribed in Article 100 of the Land Law and Article 18 of this Decree:

a/ If the land user has not violated the land law, the consideration for grant of a certificate of land use rights and ownership of houses and land-attached assets for the increased land area must comply with Article 20 of this Decree;

b/ If the land area is increased due to the land user’s violation of the land law before July 1, 2014, the handling of the violation and grant of a certificate of land use rights and ownership of houses and land-attached assets for the increased land area comply with Article 22 of this Decree;

c/ If the land area is increased as a result of ultra vires allocation of land to the land user before July 1, 2014, the handling of the violation and grant of a certificate of land use rights and ownership of houses and land-attached assets for the increased land area comply with Article 23 of this Decree;

d/ Procedures for grant of a certificate for the increased land area shall be carried out under Article 70, and procedures for renewal of a certificate for the original land parcel shall be carried out under Article 76, of this Decree if the original land parcel is already accompanied by a certificate. The land registration office shall certify the application for re-grant or renewal of a certificate of land use rights and ownership of houses and land-attached assets for the increased land area and send cadastral information to the tax agency, submit the application for a certificate after the land user has fulfilled financial obligations, update and modify the cadastral dossier and land database for the whole land parcel area under use, and hand over the certificate to the eligible person or send it to the commune-level People’s Committee for handover in case the dossier is submitted to the commune-level People’s Committee;

dd/ Procedures for grant of a certificate for the whole land parcel area shall be carried out under Article 70 of this Decree if the original land parcel is already accompanied by a land use rights paper as prescribed in Article 100 of the Land Law and Article 18 of this Decree.”

21. To add the following Point c to Clause 1, Article 26:

“c/ In case condominium apartments are also used as working offices or offices of service and trade establishments, if the project owner applies, and fully satisfies the conditions, for a certificate of land use rights and ownership of houses and land-attached assets, it/he/she may be granted such certificate for one or more than one apartment, working office or office of service and trade establishment under its/his/her ownership.”

22. To add the following Clause 4 to Article 32:

“4. For an investment project consisting of different work items as stated in the project approval decision, project investment decision, investment license, investment certificate or investment registration certificate granted by a competent agency, decision approving the detailed construction master plan, or construction permit, if the project owner applies, and fully satisfies the conditions, for a certificate of land use rights and ownership of houses and land-attached assets, it/he/she may be granted such certificate for each work item or each portion of area of such work item.”

23. To convert Clause 3 into Clause 5 of, and add Clauses 3 and 4 to, Article 37 as follows:

“3. For localities where land registration offices have been established, these offices or their branches shall certify ownership of houses and land-attached assets in granted certificates under decisions of provincial-level People’s Committees.

4. Provincial-level People’s Committees shall, based on local practical conditions on organizational structure and physical foundations of land registration offices, allow provincial-level Natural Resources and Environment Departments to authorize land registration offices to grant certificates of land use rights and ownership of houses and land-attached assets for the case specified in Clause 1 of this Article.

Seals of provincial-level Natural Resources and Environment Departments may be used in case of authorization for grant of certificates of land use rights and ownership of houses and land-attached assets prescribed in Clause 1, Article 105 of the Land Law and this Clause.”

24. To add the following Article 38a:

“Article 38a. Lease of assets attached to leased land or subleased land with annual land rental payment

1. Economic organizations, overseas Vietnamese, foreign-invested enterprises, households or individuals that are leased land by the State with annual land rental payment, or that are leased or subleased land in industrial parks, export processing zones, industrial clusters or craft villages with annual land rental payment and have been granted certificates may lease land-attached assets lawfully created in accordance with law if they fully satisfy the conditions prescribed in the law on real estate business. Asset lessees shall use land-attached assets for purposes stated in land lease decisions of competent state agencies or in signed land lease or sublease contracts.

2. Public non-business organizations enjoying financial autonomy that are leased land by the State with annual land rental payment; or are leased or subleased land in industrial parks, export processing zones, industrial clusters or craft villages with annual land rental payment and have been granted certificates may lease land-attached assets in accordance with the land law and law on state property management and use. Lessees of assets attached to land shall use the land for proper purposes.”

25. To add the following Clause 3 to Article 39:

“3. Foreign-invested enterprises that use land as through receiving transferred investment capital being the value of land use rights under Point b, Clause 1, Article 169 of the Land Law have the rights and obligations prescribed in Clause 3, Article 183 of the Land Law.”

26. To add the following Article 42a:

“Article 42a. Conditions for transfer of land use rights associated with part or the whole of investment projects other than investment projects to build and commercially operate houses or investment projects to build infrastructure facilities for transfer or lease

The transfer of land use rights associated with part or the whole of investment projects other than investment projects to build and commercially operate houses or investment projects to build infrastructure facilities for transfer or lease must comply with the laws on investment and real estate business, and must satisfy the following conditions:

1. All the conditions prescribed in Clause 1, Article 188 of the Land Law;

2. Project owners have fulfilled financial obligations related to the project land, such as land use levy or land rental; and land-related taxes, charges and fees (if any), specifically as follows:

a/ If the project owner transfers the whole investment project, it/he/she shall fulfill land-related financial obligations for the whole land area of the project;

b/ If the project owner transfers part of the investment project, it/he/she shall fulfill land-related financial obligations for the transferred land area.

3. Transferees of land use rights associated with part or the whole of investment projects must satisfy the conditions prescribed in Article 58 of the Land Law and Articles 13 and 14 of this Decree, and shall use the land for proper purposes.”

27. To amend and supplement Article 43 as follows:

“Article 43. Use of land in case of purchase, sale or transfer of contributed capital or shares in enterprises, or in case of equitization of state enterprises

1. The use of land in case of purchase, sale or transfer of contributed capital or shares in enterprises, including the value of land use rights and land-attached assets, is as follows:

a/ In case the purchase, sale or transfer of contributed capital or shares in enterprises, including the value of land use rights and land-attached assets, does not lead to change of land users or owners of land-attached assets, the procedures for registration or changes in land or land-attached assets are not required to be carried out;

b/ In case the purchase, sale or transfer of contributed capital or shares in enterprises, including the value of land use rights, leads to change of land users or owners of land-attached assets, within 30 days after the date of purchase, sale or transfer, enterprises shall carry out the procedures for transfer of land use rights or registration or changes in land or land-attached assets with competent state agencies and perform financial obligations as prescribed. For foreign-invested enterprises, the land use term must correspond to the duration of investment projects but must not exceed the duration specified in Clause 3, Article 126 of the Land Law;

c/ In case of purchase, sale or transfer of the State’s contributed capital or shares in enterprises, the portion of value of land use rights in such capital or shares shall be determined in accordance with the land law, law on management and use of state capital invested in production and business at enterprises, and law on equitization of state enterprises.

In case of purchase, sale or transfer of the State’s contributed capital or shares prescribed at this Point, the value of land use rights shall be re-determined based on the specific land price applied at the time of transfer. The purchase, sale or transfer of contributed capital or shares must comply with the land law and law on management and use of state capital invested in production and business at enterprises.

2. The management and use of land upon the equitization of state enterprises are as follows:

a/ When a state enterprise is equitized, the equitized enterprise shall review all land funds under its management and use in order to formulate a land use plan in accordance with the land law and law on rearrangement and handling of state-owned houses and land, and submit such plan to a competent state agency for approval before organizing the valuation of the equitized enterprise.

The equitized enterprise’s land use plan is a component of the dossier on equitization plan submitted to a competent state agency for approval and shall be publicized in accordance with law;

b/ Within 60 days after being granted a business registration certificate for the first time, the equitized enterprise shall carry out the procedures for being allocated or leased land by the State or granted a certificate of land use rights and ownership of houses and land-attached assets in accordance with law.

For land already allocated by the State to a state enterprise without land use levy, the equitized enterprise shall shift to rent the land if it is eligible for land lease by the State in accordance with the Land Law; the equitized enterprise shall be allocated land by the State with land use levy if it is eligible for land allocation by the State with land use levy. The price of land leased or allocated by the State shall be determined based on the specific land price applied at the time the competent state agency issues a decision on land lease or allocation. The land use term shall be counted from the date of issuance of the decision on allocation or lease of land to the equitized enterprise. The equitized enterprise shall pay land use levy or land rental in accordance with law.

For land already leased by the State to a state enterprise with annual or one-off land rental payment for the whole land lease term, or leased land previously transferred to a state enterprise for which one-off land rental payment has been made to the State, the equitized enterprise may continue renting land for the remaining land lease term. The equitized enterprise shall carry out the land rent procedures and sign another land rent contract with a competent state agency within 60 days after it is granted a business registration certificate for the first time. The handling of the money amount already paid by the state enterprise for receiving the transferred land use rights must comply with the land law and law on equitization of state enterprises.

For land already allocated by the State to a state enterprise with land use levy or State-allocated land transferred to a state enterprise with land use levy, which is now subject to lease in accordance with the 2013 Land Law, when this state enterprise is equitized, the equitized enterprise shall shift to rent the land. The handling of the money amount already paid by the state enterprise upon land allocation by the State or for receiving transferred land use rights must comply with the land law and law on equitization of state enterprises.

For land already allocated by the State to a state enterprise with land use levy or State-allocated land transferred to a state enterprise with land use levy, which is now subject to allocation with land use levy in accordance with the 2013 Land Law, when this state enterprise is equitized, the equitized enterprise may continue using the land as allocated land;

c/ The determination of value of land use rights upon equitization of state enterprises must comply with the land law and law on equitization of state enterprises while adhering to the principle that the land price used for determining value of land use rights is the specific land price decided by the provincial-level People’s Committee under Clause 3, and Point d, Clause 4, Article 114 of the Land Law.

Agencies responsible for determining specific land prices used to valuate land use rights or calculate land rental rates upon equitization of state enterprises shall publicize the determined land prices on websites of provincial-level People’s Committees, the Ministry of Natural Resources and Environment and the Ministry of Finance at least 15 days before submitting them to provincial-level People’s Committees for decision.

3. Solution of problems in case equitized enterprises using land before the effective date of this Decree have not yet completed legal procedures on land use rights:

a/ Provincial-level People’s Committees shall direct the inspection and review of land management and use under approved equitization plans for completing the procedures for land allocation, land lease or grant of certificates of land use rights and ownership of houses and land-attached assets for equitized enterprises under regulations.

If detecting violations in land management and use, provincial-level People’s Committees shall organize examination and inspection to resolutely handle them before carrying out the procedures for land allocation, land lease or grant of certificates for equitized enterprises;

b/ Equitized enterprises shall carry out the procedures for being allocated land, leased land or granted certificates of land use rights and ownership of houses and land-attached assets in accordance with law. The handling of land-related financial obligations (if any) must comply with the land law regarding payment of land use levy and land rental and law on equitization of state enterprises;

c/ The land-related procedures prescribed at Points a and b of this Clause shall be completed within 180 days after the effective date of this Decree.

4. For state enterprises equitized before the effective date of this Decree while land use rights have been handled under the land law upon the equitization, they may continue using the land like land allocated by the State with land use levy or may rent land for the remaining land use term.”

28. To add the following Article 43a:

“Article 43a. Handling of use rights of land currently on lease or mortgage upon land recovery by the State

1. For land currently on lease or mortgage which is subject to recovery by the State under Article 61 or 62 of the Land Law, the contract on land lease or contract on mortgage with land use rights shall terminate. The handling of rights and obligations relating to land use rights between the parties to the contract on land lease or contract on mortgage with land use rights must comply with the civil law.

2. For land currently on lease and subject to recovery under Points a, b, c, d, g, h and i, Clause 1, Article 64 of the Land Law, the land lease contract shall terminate and land recovery shall be carried out as follows:

a/ If the lessor violates the land law, the State shall recover the land. The lessor shall pay compensation to the lessee in accordance with the civil law;

b/ If the lessee violates the land law, the State shall recover the land. The lessee shall pay compensation to the lessor in accordance with the civil law;

c/ If the violator of the land law is neither the lessor nor the lessee, the State shall recover the land and the violator shall pay compensation to the damage sufferer under regulations.

3. Upon land recovery by the State under Points a, b, c, d, g, h and i, Clause 1, Article 64 of the Land Law while the use rights of such land are currently mortgaged, the contract on mortgage with land use rights shall terminate; the mortgagor shall return the loan to the mortgagee in accordance with the civil law and other relevant laws.

4. For land leased or land use rights mortgaged by an individual who died without an heir, the State shall recover the land and settle rights and obligations relating to such land in accordance with law; the contract on land lease or contract on mortgage with land use rights shall terminate and land use rights shall be handled as follows:

a/ In case of land lease, the lessee may continue to be leased land by the State for the remaining term of the signed land lease contract;

b/ In case of mortgage with land use rights, the mortgaged land use rights shall be handled in accordance with the law on secured transactions.”

29. To add the following Article 43b:

“Article 43b. Use of land by economic organizations through receiving transferred agricultural land use rights from households or individuals to implement investment projects

The use of land by economic organizations through receiving transferred rights to use agricultural land other than leased land with annual land rental payment from households or individuals to implement investment projects is as follows:

1. Economic organizations that use land through receiving transferred rights to use agricultural land other than leased land from households or individuals, except land for rice cultivation or protection forest or special-use forest land, to implement investment projects on agricultural production without changing the land use purpose may continue using such land and are not required to shift to rent land; the land use term must correspond to the duration of investment project as prescribed in Clause 3, Article 126 of the Land Law.

If economic organizations ask for permission for use of the land for another purpose while the land is still categorized as agricultural land as prescribed in Clause 1, Article 57 of the Land Law, they shall perform financial obligations in accordance with law and are not required to shift to rent the land; the land use term must correspond to the duration of investment project as prescribed in Clause 3, Article 126 of the Land Law.

2. Economic organizations that use land through receiving transferred rights to use agricultural land leased by the State to households or individuals with one-off land rental payment for the whole lease term, except land for rice cultivation or protection forest or special-use forest land, to implement investment projects on agricultural production may continue using such land as leased land; the land use term must correspond to the duration of investment project as prescribed in Clause 3, Article 126 of the Land Law.

If economic organizations ask for permission for use of the land for another purpose while the land is still categorized as agricultural land as prescribed in Clause 1, Article 57 of the Land Law, they may continue using such land as leased land and shall perform financial obligations in accordance with law; the land use term must correspond to the duration of investment project as prescribed in Clause 3, Article 126 of the Land Law.

3. For the cases specified in Clauses 1 and 2 of this Article, upon the expiration of the land use term, if economic organizations wish to continue using the land, competent state agencies shall consider extension of the land use term and economic organizations shall shift to rent the land in accordance with law. The order and procedures for receiving transferred land use rights and changing land use purpose must comply with Articles 69 and 79 of this Decree.

4. Economic organizations that use land through receiving transferred agricultural land use rights from households or individuals for implementing investment projects on non-agricultural production and business activities shall shift to rent land and perform financial obligations in accordance with law. The land use term must correspond to the duration of investment project as prescribed in Clause 3, Article 126 of the Land Law.”

30. To add the following Article 43c:

“Article 43c. Use of land by economic organizations, households and individuals upon land use purpose change

1. For economic organizations that are using land but change the use purpose of such land, except the case prescribed in Article 43b of this Decree, the use of land upon use purpose change is as follows:

a/ If they shift to use the land for implementing an investment project to build houses for sale or for sale and lease or an investment project to build infrastructure facilities of cemeteries for transfer of land use rights associated with infrastructure facilities, they may use the land as land allocated with land use levy and shall pay land use levy upon the use purpose change as prescribed;

b/ If they shift to use agricultural land, residential land leased by the State or non-agricultural land allocated by the State without land use levy for non-agricultural production or business purpose, land for building public works for business purpose, land for implementing investment projects to build houses for lease, or land for building non-business works, they may use such land as leased land with annual land rental payment or one-off land rental payment for the entire lease term and shall pay land rental upon use purpose change (if any) as prescribed;

c/ If they shift to use residential land, non-agricultural land other than residential land which is allocated by the State with land use levy and for which the paid land use levy does not come from the state budget for non-agricultural production or business purpose, land for building public works for business purpose, land for implementing investment projects to build houses for lease, or land for building non-business works, they may continue using such land as allocated land with land use levy and shall pay land use levy upon use purpose change (if any) as prescribed;

d/ If they shift to use agricultural land for another agricultural purpose, which is allocated by the State with land use levy and for which the paid land use levy does not come from the state budget, they may continue using such land as allocated land with land use levy and shall pay land use levy upon use purpose change (if any) as prescribed;

dd/ If they shift to use agricultural land for another agricultural purpose, which is leased or allocated by the State with land use levy and for which the paid land use levy comes from the state budget or land allocated by the State without land use levy, they may use such land as leased land with annual land rental payment or one-off land rental payment for the entire lease term and shall pay land use rental upon use purpose change as prescribed.

2. For households and individuals that are using land but change its use purpose, the use of such land upon the change is as follows:

a/ If they shift to use agricultural land other than land leased by the State for commercial or service purpose or non-agricultural production, they may use such land as allocated land with land use levy and shall pay land use levy upon use purpose change as prescribed;

b/ If they shift to use agricultural land being land leased by the State for commercial or service purpose or non-agricultural production, they may use such land as leased land with annual land rental payment or one-off land rental payment for the entire lease term and shall pay land rental upon use purpose change as prescribed;

c/ The use term of land upon its purpose change prescribed at Point a or b of this Clause must correspond to the duration of investment projects prescribed in Clause 3, Article 126 of the Land Law. If no investment project is available, the land use term must not exceed 50 years; for geographical areas with socio-economic difficulties or geographical areas with extreme socio-economic difficulties, the land use term must not exceed 70 years. The land use term shall be counted from the time a competent agency permits the land use purpose change.”

31. To add the following Article 43d:

“Article 43d. Provisions on minimum area for a land parcel to be divided

The provincial-level People’s Committee shall prescribe the minimum area for a land parcel to be divided for each type of land as suitable to local practical conditions.”

32. To add the following Article 43dd:

“Article 43dd. Use of land as non-agricultural production or service provision grounds which is acquired from compensation and support upon the recovery by the State of agricultural land of households and individuals before October 1, 2009

Households and individuals that are entitled to compensation or support in land for use as non-agricultural production or service establishments upon the  recovery by the State of agricultural land under Clauses 4 and 5, Article 4 of the Government’s Decree No. 17/2006/ND-CP of January 27, 2006, and Article 30 of the Government’s Decree No. 84/2007/ND-CP of May 15, 2007, but are allocated land after July 1, 2014, under the approved compensation, support and resettlement plan may use such land stably and permanently for the identified non-agricultural production or service purpose without having to pay land use levy when they are permitted to use such land as residential land and are entitled to land-related compensation at the price of residential land upon land recovery by the State.”

33. To add the following Article 45a:

“Article 45a. Land of production forests being natural forests

1. The State shall allocate land of production forests being natural forests to forest management organizations for forest management, protection and development.

Households, individuals and communities currently living in areas of production forests being natural forests where no forest management organization is established that wish for and have capacity of forest protection and development shall be allocated by the State land of production forests being natural forests without having to pay land use levy for forest protection and development and may also enjoy other benefits from forests in accordance with the law on forest protection and development.

2. Households and individuals already allocated or leased or communities already allocated by the State land of production forests being natural forests before July 1, 2004, may continue using such land for the remaining land use term. Upon the expiration of the land use term, they may have the land use term extended by the State under regulations if they so wish.”

34. To add the following Article 49a:

“Article 49a. Contribution of land use rights as capital and adjustment of land use rights for implementation of investment projects

1. Conditions for contribution of land use rights as capital and adjustment of land use rights for implementation of an investment project:

a/ The case referred to at Point i, Clause 1, Article 179 of the Land Law;

b/ The implementation of the project complies with the approved land use master plan or plan, construction master plan, urban master plan, housing development program or plan, master plan on rural residential areas or master plan on building new-countryside communes;

c/ There is a plan on contribution of land use rights as capital and adjustment of land use rights, which is accepted by land users in the land area where the project is to be implemented and is approved by the provincial-level People’s Committee;

d/ The implementation of the project must guarantee interests of land users in the project area.

2. Provincial-level People’s Committees shall issue regulations on contribution of land use rights as capital and adjustment of land use rights for implementation of investment projects.”

35. To annul Clause 3, and convert Clause 4 into Clause 3 and Clause 5 into Clause 4, of Article 50.

36. To amend and supplement Article 51 as follows:

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

1. The use term of land in industrial parks, export-processing zones, industrial clusters and craft villages 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, industrial cluster or craft village, the enterprise that builds and commercially operates infrastructure facilities of such industrial park, export-processing zone, industrial cluster or craft village 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 shall pay land use levy or land rental for the area eligible for use term extension.

2. When making a detailed plan on construction of an industrial park, export-processing zone or industrial cluster, a provincial-level People’s Committee shall base itself on the actual state of residential areas in its locality and housing demand of workers of such industrial park, export-processing zone or industrial cluster to arrange land areas outside such industrial park, export-processing zone or industrial cluster in conformity with the local land use master plan and plan for construction of condominiums and cultural, social and service facilities to serve the livelihood of these workers.

3. The regime of land use in craft villages is applied like the regime of land use in industrial parks, export-processing zones and industrial clusters prescribed in Clauses 2, 3, 4 and 5, Article 149 of the Land Law.

4. Provincial-level People’s Committees shall organize the examination, inspection and handling of entities that have rented or sub-rented land in industrial parks, export-processing zones, industrial clusters and craft villages but fail to put such land into use or put such land into use behind the schedule agreed upon in land rent or sub-rent contracts with enterprises building and commercially operating infrastructure facilities.

5. Responsibilities of enterprises building and commercially operating infrastructure facilities of industrial parks, export-processing zones, industrial clusters and craft villages:

a/ When signing a contract for land lease or sublease, to set a specific land use schedule conformable to the investment project implementation schedule and prescribe measures to handle the land lessee or sub-lessee that fails to put the land into use or puts the land into use behind the schedule agreed upon in the contract;

b/ To take responsibility before the State and law for the management of use of land in industrial parks, export-processing zones, industrial clusters and craft villages; to examine, monitor and urge land lessees or sub-lessees in putting the land into use according to the set schedules;

c/ To annually report to provincial-level People’s Committees and the General Department of Land Administration and publicize land areas not yet leased or subleased in industrial parks, export-processing zones, industrial clusters and craft villages on the websites of enterprises, provincial-level People’s Committees of localities having such land and the General Department of Land Administration.

6. In case a land lessee or sub-lessee fails to put land into use or puts land into use behind the schedule agreed upon in the land rent or sub-rent contract, except in a force majeure event specified in Clause 1, Article 15 of this Decree, the enterprise building and commercially operating infrastructure facilities of an industrial park, export-processing zone, industrial cluster or craft village shall:

a/ Request the land lessee or sub-lessee to take measures to put the land into use, or unilaterally terminate the land rent or sub-rent contract;

b/ Make a list of entities that fail to put the land into use or put the into use behind the set schedule, and report it to the Industrial Park Management Board, provincial-level Planning and Investment Department, Natural Resources and Environment Department and People’s Committee, and the Ministry of Planning and Investment and Ministry of Natural Resources and Environment. Report recipients and the enterprise building and commercially operating infrastructure facilities of the industrial park, export-processing zone, industrial cluster or craft village shall publicize such list on their websites.

7. In case the enterprise building and commercially operating infrastructure facilities of an industrial park, export-processing zone, industrial cluster or craft village has performed the tasks specified in Clause 6 of this Article, but the land lessee or sub-lessee still fails to put the land into use or puts the land into use behind the set schedule, the provincial-level People’s Committee shall base itself on examination results or inspection conclusions to recover the land area of such lessee or sub-lessee and reallocate it to the project owner commercially operating infrastructure facilities of the industrial park, export-processing zone, industrial cluster or craft village. In case there is an investor wishing to use the land, the project owner commercially operating infrastructure facilities of the industrial park, export-processing zone, industrial cluster or craft village shall lease or sublease the recovered land area to such investor.

The related rights and obligations of the project owner commercially operating infrastructure facilities of the industrial park, export-processing zone, industrial cluster or craft village and the land lessee or sub-lessee shall be handled in accordance with the civil law.

8. In case of rent or sub-rent of land from a project owner commercially operating infrastructure facilities of an industrial park, export-processing zone, industrial cluster or craft village before the effective date of this Decree, except in a force majeure event specified in Clause 1, Article 15 of this Decree, the provincial-level People’s Committee shall recover land if:

a/ The lessee or sub-lessee fails to put the land into use or puts the land into use 36 months behind the land use schedule agreed upon in the land rent or sub-rent contract;

b/ Past 36 months from the date of grant of a certificate, the lessee or sub-lessee fails to put or delays putting the land into use in case the parties have reached no agreement on a land use schedule in their contract.

9. Provincial-level People’s Committees shall specifically prescribe the recovery of land from entities that fail to put or delay putting land into use under Clauses 7 and 8 of this Article.”

37. To amend Clause 2, Article 52 as follows:

“2. 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 propose provincial-level People’s Committees to decide on land rental collection or land rental exemption or reduction for each project;

c/ To recover leased or reallocated 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 in accordance with law or voluntarily return land under Points a, b, c and d, Clause 1, Article 65 of the Land Law. Remaining rentals for land and land-attached assets and expenses invested in land shall be handled as for the case where the State recovers land in accordance with the land law;

d/ To manage recovered land areas in the case specified at Point c of this Clause;

dd/ To decide to reallocate land without land use levy to users of land in hi-tech zones in the cases specified in Clauses 2 and 3, Article 54 of the Land Law; to decide to extend the land use term upon the expiration of the time limit for land reallocation or land lease to match the duration of investment projects;

e/ To establish the order and administrative procedures related to land in hi-tech zones;

g/ To send land reallocation, land lease or land use term extension decisions and extracts of cadastral maps or extracts of cadastral surveys of land areas to the land registration offices for registration in cadastral records and updating of the land databases, and submit dossiers to competent agencies for grant of certificates of land use rights and ownership of houses and land-attached assets.”

38. To amend Clause 4 of, and add Clause 5 to, Article 52 as follows:

“4. For hi-tech zones managed by central agencies and having land allocated under decisions of provincial-level People’s Committees before July 1, 2014, their management boards shall manage and use land as follows:

a/ To comply with the provisions of Points a, c, d, dd, e and g, Clause 2 of this Article; and may continue implementing approved construction master plans;

b/ To decide on specific land prices by the method of applying a land price adjustment coefficient as a basis for land rental calculation and collection in case of leasing land in hi-tech zones, provided that such specific land prices are not lower than land prices in the land price tables set by provincial-level People’s Committees;

c/ To decide on land price adjustment coefficients and percentage for calculation of land rental rates and decide on land rental amounts to be exempted or reduced for each project under regulations of the Government and Prime Minister;

d/ To determine payable land rental amounts and issue land rental notices to land lessees under regulations.

5. For hi-tech zones managed by provincial-level People’s Committees and having land allocated under decisions of provincial-level People’s Committees before July 1, 2014, the land management and use must comply with the following provisions:

a/ The land management and use must comply with Article 150 of the Land Law, and Clauses 1 and 2 of this Article;

b/ To continue implementing approved construction master plans.”

39. To add the following Article 57a:

“Article 57a. Land with special-use water surface areas being hydropower or irrigation reservoirs

1. Provincial- or district-level People’s Committees shall decide to lease land with special-use water surface areas being hydropower or irrigation reservoirs for use for non-agricultural, aquaculture and fishing purposes under their competence provided in Article 59 of the Land Law.

2. The exploitation and use of land with water surface areas being hydropower or irrigation reservoirs for non-agricultural, aquaculture or fishing purpose must not affect the determined main use purpose and must comply with other relevant regulations.

3. The lease term of land with special-use water surface areas being hydropower or irrigation reservoirs shall be decided by People’s Committees competent to decide on land lease but must not exceed 50 years.”

40. To amend Article 61 as follows:

“Article 61. Time limit for completion of land-related administrative procedures

1. The time limits for completion of the procedures for land allocation, land lease and change of land use purpose are prescribed as follows:

a/ For land allocation or lease: 20 days excluding the time for land recovery, payment of compensation and ground clearance;

b/ For change of land use purpose: 15 days.

2. The time limits for completion of the procedures for registration of land and land-attached assets; and renewal or 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 land-attached assets: 30 days;

b/ Registration and grant of certificates of land use rights and ownership of houses and land-attached assets to recipients of the transfer of land use rights and ownership of houses or construction works from construction investment organizations: 15 days;

c/ Registration and grant of certificates of land use rights and ownership of houses and land-attached assets for change of land-attached assets: 15 days;

d/ Registration of changes in land and land-attached assets in case of winning the auction of land use rights; settlement of land-related disputes, complaints or denunciations; handling of contracts for mortgage of or capital contribution with land use rights; distraint for auction of land use rights and land-attached assets for judgment enforcement; division, splitting, consolidation or 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 groups of land users: 10 days;

dd/ Splitting or consolidation of land parcels; registration of land allocated by the State for management: 15 days;

e/ Extension of land use term: 7 days;

g/ Certification of continued use of agricultural land by households or individuals upon expiration of land use term: 5 days;

h/ Registration of establishment, change or termination of restricted 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 restrictions on land use rights or change in financial obligations or change in land-attached assets compared with registered contents: 10 days;

k/ Shift from land lease with annual rental payment to lease with one-off rental payment; from allocation of land by the State without land use levy to land lease; or from land lease to allocation of land with land use levy: 30 days;

l/ Exchange, transfer, inheritance, donation and registration of capital contribution with land use rights and ownership of land-attached assets: 10 days;

m/ Deregistration of capital contribution with land use rights and ownership of land-attached assets: 3 days;

n/ Registration or deregistration of mortgage, lease or sublease of land use rights: 3 days;

o/ Conversion of land use rights and ownership of land-attached assets of husband or wife into common ownership of both husband and wife: 5 days;

p/ Renewal of certificates, certificates of house ownership or certificates of construction work ownership: 7 days; in case of renewal of certificates for many land users due to re-drawing of maps: 50 days;

q/ Re-grant of certificates, certificates of house ownership or certificates of construction work ownership due to loss: 10 days.

r/ Correction of granted certificates of land use rights and ownership of houses and land-attached assets, certificates of land use rights, certificates of ownership of houses and residential land use rights, certificates of house ownership, certificates of construction work ownership: 10 days.

3. The time limits for completion of the procedures for conciliation and settlement of land-related disputes are prescribed as follows:

a/ Conciliation of land-related disputes: 45 days;

b/ Settlement of land-related disputes falling under the competence of chairpersons of district-level People’s Committees: 45 days;

c/ Settlement of land-related disputes falling under the competence of chairpersons of provincial-level People’s Committees: 60 days;

d/ Settlement of land-related disputes falling under the competence of the Minister of Natural Resources and Environment: 90 days;

dd/ Enforcement of decisions on settlement of land-related disputes: 30 days.

4. The time limits prescribed in Clause 1, 2 or 3 of this Article shall be counted from the date of receipt of valid dossiers and exclude weekends and public holidays prescribed by law, time for receipt of dossiers at the commune-level authorities, time for fulfillment of financial obligations of land users, time for consideration and handling of cases of unlawful land use and solicitation of expert opinions.

Within 3 working days after receiving a dossier which is incomplete or invalid, 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 or extremely difficult socio-economic conditions, the time limit for completion of each procedure prescribed in this Article shall be extended by 10 days, except for the procedures for conciliation of land-related disputes.

5. The time limit for concurrent completion of many land-related administrative procedures shall be prescribed by provincial-level People’s Committees but must not exceed the total of time limits for completion of all of these procedures prescribed in this Article.”

41. To add the following Clauses 4 and 5 to Article 63:

“4. The time of land use levy calculation for the cases of recognition of land use rights is the time when the land registration office sends cadastral information to the tax agency.

The time limit for the land registration office to send cadastral information to the tax agency is 15 days after receiving a complete and valid dossier; the time limit for the tax agency to notify financial obligations to land users is 5 days after receiving cadastral information from the land registration office.

In case the land registration office delays the sending of cadastral information or the tax agency delays the determination of financial obligations, the time of land use levy calculation is the time when the land registration office receives a complete and valid dossier.

5. The determination of land price for performance of financial obligations upon the re-grant of a certificate granted in contravention of law must comply with the following provisions:

a/ In case the certificate has been granted in contravention of law due to fault of the state agency, the land price shall be determined at the time of grant of such certificate;

b/ In case the certificate has been granted in contravention of law due to fault of the land user, the land price shall be determined at the time of re-grant of the certificate of land use rights and ownership of houses and land-attached assets;

c/ The Ministry of Finance shall prescribe in detail the collection, payment and return of financial obligations under this Clause.”

42. To amend and supplement Point c, Clause 3, Article 65 as follows:

“c/ When persons subject to land recovery fail to implement land recovery decisions after being persuaded, district-level Natural Resources and Environment Divisions shall propose chairpersons of district-level People’s Committees to issue decisions on enforcement of such land recovery decisions;”

43. To amend and supplement Point e, Clause 3, Article 65 as follows:

“e/ Chairpersons of People’s Committees that have issued enforcement decisions shall organize forces to enforce such enforcement decisions against persons or organizations that have been persuaded under Point dd of this Clause but fail to implement such enforcement decisions.”

44. To amend and supplement Point a, Clause 1, Article 66 as follows:

“a/ Natural resources and environment agencies or competent state agencies shall organize examination or inspection to identify violations prescribed at Points c, d, g, h and i, Clause 1, Article 64 of the Land Law;”

45. To add the following Article 69a:

“Article 69a. Order and procedures for modification of decisions on land recovery, land allocation, land lease or permission for land use purpose change issued by the Prime Minister before July 1, 2004

1. Within 15 days after receiving a written request from a land user or competent agency for modification of a decision on land recovery, land allocation, land lease or permission for land use purpose change issued by the Prime Minister, the provincial-level Natural Resources and Environment Department shall guide the land user to make a dossier for modification of such decision and submit it to the provincial-level People’s Committee.

2. Within 5 days after receiving a complete and valid dossier, the provincial-level People’s Committee shall issue a decision on modification of the decision on land recovery, land allocation, land lease or permission for land use purpose change. In case the decision modification must be reported to the Prime Minister, the provincial-level People’s Committee shall send the dossier to the Ministry of Natural Resources and Environment.

3. Within 10 days after receiving a complete and valid dossier, the Ministry of Natural Resources and Environment shall examine and submit it to the Prime Minister.

In case the modification of the Prime Minister’s decision on land recovery, land allocation, land lease or permission for land use purpose change involves other ministries or sectors, the Ministry of Natural Resources and Environment shall collect opinions of such ministries or sectors before proposing the modification to the Prime Minister. Within 10 days after receiving a written request of the Ministry of Natural Resources and Environment, the concerned ministries or sectors shall send their opinions to the Ministry of Natural Resources and Environment.

4. After obtaining the Prime Minister’s approval, the provincial-level People’s Committee shall issue a decision on modification of the decision on land recovery, land allocation, land lease or permission for land use purpose change.”

46. To amend and supplement Clause 2, Article 72 as follows:

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

After completing the examination, the provincial-level Natural Resources and Environment Department shall send to the project owner a notice of examination results; send the notice together with the plan of examined houses and land to the land registration office for completing the procedures for registration of houses and land for the purchaser, for cases where the law-prescribed conditions are fully satisfied; and publicize examination results on the websites of the provincial-level People’s Committee and Natural Resources and Environment Department of the locality having the land.”

47. To add the following Article 72a:

“Article 72a. Order and procedures for redetermination of residential land areas for households and individuals that have been granted certificates

The order and procedures for redetermination of residential land areas under Point b, Clause 5, Article 24 of this Decree shall be as follows:

1. The land user shall submit one dossier of request for redetermination of his/her/its residential land area at the place of dossier submission prescribed in Article 60 of this Decree.

2. The land registration office shall examine the dossier for grant of the previous certificate and, if the conditions for redetermination of the residential land area prescribed in Clause 5, Article 24 of this Decree are fully satisfied, submit it to the competent agency defined in Article 37 of this Decree for grant of a certificate of land use rights and ownership of houses and land-attached assets; updating of changes and modifications in the cadastral dossier and land database; and hand over the new certificate to the land user or send it to the commune-level People’s Committee for handover in case the dossier has been submitted at the commune-level authority.”

48. To add the following Article 74a:

“Article 74a. Order and procedures for extension of agricultural land use term for religious establishments

A religious establishment that uses agricultural land and wishes to have its land use term extended shall comply with the following provisions:

1. At least 6 months before the expiration of the land use term, it shall submit one dossier of request for land use term extension.

2. The provincial-level Natural Resources and Environment Department shall appraise the land use demand; if the conditions for extension are fully satisfied, it shall propose the provincial-level People’s Committee for decision on the extension of land use rights; and transfer the dossier to the land registration office for registration.

3. If the land use term extension is approved, the religious establishment shall submit the granted certificate to the provincial-level Natural Resources and Environment Department.

4. The land registration office shall certify the extension of the land use term in the granted certificate; update changes and modifications in the cadastral dossier and land database; and hand over the certificate to the religious establishment.

5. If the conditions for extension of land use term are not fully satisfied, the provincial-level Natural Resources and Environment Department shall notify such to the land user and carry out the land recovery procedures under regulations.”

49. To amend and supplement Point a, Clause 3, Article 75 as follows:

“a/ Conduct cadastral surveys for land parcel division and hand survey extracts of newly divided land parcels to land users for signing contracts or transaction documents on rights to use part of newly divided land parcels;”

50. To add the following Article 79a:

“Article 79a. Order and procedures for land registration in cases of land use through receipt of land use rights for production or business

The order and procedures for land registration in cases of land use through receipt of transferred or leased land use rights, capital contribution with land use rights for implementation of a production or business project or work under Article 73 of the Land Law shall be carried out as follows:

1. In case the land use purpose of the production or business project or work is different from that of the land parcel of which the investor receives the transferred or leased land use rights or capital contribution with land use rights, the procedures shall be carried out as follows:

a/ Where the investor rents the land use rights of the current land user, the latter shall carry out the procedures for changing the land use purpose before carrying out the procedures for leasing the land use rights to the investor;

b/ Where the investor receives the capital contribution with land use rights, the land user shall carry out the procedures for changing the land use purpose before carrying out the procedures for making capital contribution with the land use rights to the investor or carry out the procedures for making capital contribution with the land use rights, then the investor shall carry out the procedures for changing the land use purpose;

c/ Where the investor receives the transferred land use rights from the current land user, the procedures for transferring the land use rights shall be carried out before the procedures for changing the land use purpose.

2. In case the land use purpose of the production or business project or work remains unchanged as compared to that of the land parcel of which land use rights are transferred, leased or contributed as capital, the project owner or land user shall carry out the procedures under Article 79 of this Decree.

3. In case of receipt of transferred or leased land use rights or capital contribution with agricultural land use rights for implementation of a non-agricultural production or business project, the procedures for transferring, leasing or contributing capital with land use rights shall be carried out after the written approval is obtained from the competent agency defined in Clause 1, Article 193 of the Land Law.”

51. To amend Point a, Clause 2, Article 80 as follows:

“a/ Certify the deregistration of the lease, sublease or capital contribution in the certificate under regulations and hand over it to the lessor, sub-lessor or capital contributor. In case of lease or sublease of land in an industrial park or capital contribution with land use rights in which the certificate has been granted to the lessee, sub-lessee or capital contribution recipient, the granted certificate shall be revoked; the capital contributor shall be re-granted the certificate of land use rights and ownership of houses and land-attached assets.

If the land use term expires at the same time with the deregistration of the lease, sublease or capital contribution with land use rights 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 revoked;”

52. To amend and supplement Point a, Clause 4, Article 80 as follows:

“a/ If the capital contribution duration expires or the parties reach agreement on the termination of the capital contribution, the contributor of land use rights as capital may further use the land for the remaining duration.

If the land user contributes land use rights as capital and then the investor carries out the procedures for registration or asks for permission for land use purpose change, upon the expiration of the capital contribution duration the related rights and obligations of the capital contributor and capital recipient shall be exercised or performed as agreed upon by the parties in accordance with law. If the land use term expires and the contributor of land use rights as capital no longer needs to use the land, the State shall recover the land.”

53. To add Point c to Clause 2 and Clause 3 to Article 81 as follows:

“c/ In case an organization permitted to trade in debts in accordance with law purchases a debt being land use rights mortgaged or guaranteed in accordance with the 2003 Land Law from the mortgagee or creditor, such organization may inherit the rights and obligations of the mortgagee or creditor as agreed upon in the mortgage or guarantee contract. The debt-trading organization may handle the mortgaged or guaranteed land use rights under agreement in the signed mortgage or guarantee contract.

In case it is impossible to handle debts under agreement, state debt-trading organizations shall auction land use rights in accordance with law; non-state debt-trading organizations may transfer land use rights mortgaged or guaranteed to other entities or request auction organizations to auction such land use rights without having to obtain the consent of the mortgagor or guarantor or initiate lawsuits at court in accordance with law.

3. The handling of land use rights upon realizing collateral attached to land rented with annual rental payment for debt recovery is as follows:

a/ In case the user of the land rented with annual rental payment has mortgaged or guaranteed with land-attached assets in accordance with the 2003 Land Law, if it is impossible to perform the obligation toward the mortgagee or creditor, the State shall recover land of the mortgagor or guarantor with annually rented land-attached assets for lease to the collateral purchaser or recipient, unless otherwise agreed upon. The collateral purchaser or recipient shall then reach agreement with the mortgagor or guarantor with annually rented land-attached assets on payment of land investment expenses remaining at the time of land recovery. In case it is impossible to reach agreement on their own, related parties may initiate a lawsuit at court in accordance with law;

b/ The collateral purchaser or recipient may continue to be leased land by the State for the remaining land use term at a specific land price and shall use the land for proper purpose. If wishing to change the land use purpose, he/she/it shall carry out the procedures prescribed in the Land Law and this Decree;

c/ Collateral purchasers shall satisfy the conditions prescribed in Clause 2, Article 189 of the Land Law.”

54. To amend and supplement Clause 1, Article 82 as follows:

“1. In the following cases, the current land user that has not yet been granted a certificate but does not fall into the case specified in Clause 2 of this Article shall carry out the procedures for land registration and grant of a certificate of land use rights and ownership of houses and land-attached assets for the first time in accordance with the Land Law and this Decree without having to carry out the land use rights transfer procedures; the dossier-receiving agency may not ask the land use rights transferee to submit the contract or document on land use rights transfer in accordance with law:

a/ Use of land with land use rights transferred or donated before January 1, 2008;

b/ Use of land with land use rights transferred or donated during the period from January 1, 2008, to before July 1, 2014, and with papers on land use rights specified in Article 100 of the Land Law and Article 18 of this Decree;

c/ Use of land with land use rights inherited before July 1, 2014.”

55. To add the following Article 83a:

“Article 83a. Order and procedures for change registration in case households or individuals put land use rights into enterprises

1. In case a household or an individual is leased land by the State with annual rental payment, if a member of such household or such individual establishes an enterprise and continues using land for the purpose for which the land is leased, such enterprise may continue using the land for the remaining land use term and shall carry out the procedures for registration of change of the name of the land user under Point b, Clause 4, Article 95 of the Land Law and Article 85 of this Decree.

The land registration office shall notify the change of land user to the district-level People’s Committee of the locality having the land for cancellation of the land rent contract signed with the household or individual.   

The enterprise shall sign a land rent contract with the provincial-level Natural Resources and Environment Department before carrying out the procedures for grant of a certificate of land use rights and ownership of houses and land-attached assets under regulations.

The land price for calculation and collection of land rental payable by the enterprise after being established is the land price inclusive of land rental calculated for the household or individual if the enterprise is established during the 5-year period of land rental stabilization and shall be re-determined under regulations of the Government.

2. In case a household or an individual is using land other than land leased with annual rental payment, if a member of such household or such individual establishes an enterprise without changing the land use purpose, such enterprise may continue using the land and shall carry out the procedures for land-related change registration in accordance with the land law.

3. In case a household or an individual is using land allocated or leased by the State and changes the land use purpose upon establishing an enterprise, such enterprise shall carry out the procedures for land use purpose change and fulfill financial obligations under regulations. The enterprise shall submit a dossier of request for land use purpose change together with a dossier for land-related change registration. The competent agency shall consider and decide to permit the land use purpose change concurrently with the procedures for land-related change registration in accordance with the land law.”

56. To amend and supplement Points b and c, Clause 4, Article 87 as follows:

“b/ In case a state agency competent to grant certificates of land use rights and ownership of houses and land-attached assets detects that a certificate has been granted in violation of the land law, it shall recheck it, notify in writing the land user concerned of the reason and decide to revoke it;

c/ In case a land user detects that a certificate has been granted in violation of the land law, he/she/it shall send a written report thereon to a state agency competent to grant certificates of land use rights and ownership of houses and land-attached assets. Such agency shall check, consider and decide to revoke such certificate;”

57. To amend and supplement Clause 3, Article 88 as follows:

“3. Within 10 days after the date of making a minutes of successful conciliation, if the disputing parties express in writing opinions different from the contents agreed upon in this minutes, the chairperson of the commune-level People’s Committee shall organize another meeting of the conciliation council to consider and handle additional opinions and make a minutes of successful or unsuccessful conciliation.”

58. To add the following Article 90a:

“Article 90a. Statute of limitations for second-time dispute settlement and effect of decisions on settlement of land-related disputes

1. After receiving a competent person’s decision on first-time settlement of land-related disputes, if all or one of the disputing parties disagree or disagrees with such decision, they or he/she/it shall send a written request for second-time dispute settlement to the competent person. Within 30 days after receiving a decision on first-time settlement of land-related disputes or within 45 days for mountainous, island, deep-lying or remote communes or communes in areas with difficult socio-economic conditions or extremely difficult socio-economic conditions, if all or one of the disputing parties send or sends no written request to the competent person for second-time settlement of land-related disputes, the decision on first-time settlement of land-related disputes shall take effect.

2. Within 30 days after the receipt of a decision on second-time settlement of land-related disputes, or within 45 days for mountainous, island, deep-lying or remote communes or communes in areas with difficult socio-economic conditions or extremely difficult socio-economic conditions, such decision shall take effect.”

59. To amend and supplement Clause 2 of, and add Clauses 3, 4, 5, 6, 7 and 8 to, Article 91 as follows:

“2. Principles of enforcement of decisions on settlement of land-related disputes:

a/ Enforcement shall be carried out in an open, democratic and objective manner, ensuring order, safety and lawfulness;

b/ The time of starting the enforcement must fall on working hours;

c/ Enforcement may not be carried out during the time from 22 hours to 6 hours the next day, on weekends and public holidays as prescribed by law, within 15 days before and after the Lunar New Year Festival, and traditional anniversaries of policy beneficiaries who are subject to the enforcement and in special events which may seriously affect political security and social order and safety and local traditions and customs.

3. Enforcement of a decision on settlement of land-related disputes shall be carried out when the following conditions are fully satisfied:

a/ Such decision has taken effect but all or one of the disputing parties fail or fails to abide by it though they have been persuaded by the commune-level People’s Committee or Vietnam Fatherland Front Committee;

b/ The decision on enforcement of such decision has been publicly displayed at the office of the commune-level People’s Committee or place for communal activities of the residential quarter having the disputed land;

c/ The decision on enforcement of such decision has taken effect;

d/ The person subject to enforcement has received the enforcement decision.

If the person subject to enforcement refuses to receive the enforcement decision or is absent when the enforcement decision is delivered, the commune-level People’s Committee shall make a minutes of refusal or absence.

4. Chairpersons of district-level People’s Committees shall issue, and organize the implementation of, decisions on enforcement of decisions on settlement of land-related disputes.

5. Order and procedures for implementing enforcement decisions:

a/ Before carrying out the enforcement, the chairperson of a district-level People’s Committee shall decide to set up an enforcement committee;

b/ The enforcement committee shall persuade and hold dialogues with persons subject to enforcement.

If persons subject to enforcement abide by the decision on land-related dispute settlement, the enforcement committee shall make a minutes recognizing the abidance. This decision shall be implemented right after the minutes is made under the supervision by the enforcement committee;

c/ If persons subject to enforcement fails to abide by the decision on land-related dispute settlement after being persuaded, the enforcement committee shall carry out the enforcement and force them to implement the decision on land-related dispute settlement.

6. An enforcement committee shall be composed of:

a/ Its head being the chairperson or vice chairperson of the district-level People’s Committee;

b/ Its members being representatives of district-level inspection, judicial affairs, natural resources and environment, and construction agencies; and of the leadership of the commune-level People’s Committee having the land, and other members as decided by the chairperson of the district-level People’s Committee.

7. Provincial-level People’s Committees shall allocate funds for the enforcement of decisions on settlement of land-related disputes.

8. Provincial-level People’s Committees shall specify this Article.”

60. To add the following Clauses 3 and 4 to Article 99:

“3. Investment projects subject to land recovery by the State in accordance with the 2003 Land Law and its guiding documents but not falling into the cases subject to land recovery by the State specified in the 2013 Land Law, for which project owners had been selected in accordance with the investment law before July 1, 2014, and which conform to district-level annual land use plans, shall be included by provincial-level People’s Committees in lists of projects subject to land recovery to be submitted to People’s Councils for approval before competent state agencies decide on land recovery.

The order and procedures for land recovery in the cases specified in this Clause shall be carried out under Article 69 of the Land Law.

4. Investment projects subject to land recovery by the State in accordance with the 2003 Land Law and its guiding documents but not falling into the cases subject to land recovery by the State specified in the 2013 Land Law, which were  permitted by competent People’s Committees to reach agreement on receipt of transferred land use rights for their implementation before July 1, 2014, but their project owner have not yet reached agreement on all land areas of land users within their scope, shall be included by provincial-level People’s Committees in lists of projects subject to land recovery to be submitted to People’s Councils for approval before competent state agencies decide on recovery of land areas not yet agreed upon for allocation or lease to their project owners.”

61. To add the following Article 100a:

“Article 100a. Application of conditions for land allocation, land lease and land use purpose change; regime of land management and use

1. Projects using land on islands or in border or coastal communes, wards or townships and not falling into the cases subject to investment approval or decision by the National Assembly or Prime Minister, for which investment certificates were granted before July 1, 2014, but no land allocation, land lease or land use purpose change permission decisions have been issued in accordance with the land law, must comply with Clause 2, Article 58 of the Land Law and Article 13 of this Decree.

2. Conditions for land allocation, land lease or land use purpose change permission to be satisfied by persons who are allocated or leased land by the State or permitted by the State to change land use purpose for implementation of investment projects specified in Clause 3, Article 58 of the Land Law and Article 14 of this Decree are not applicable to the following cases:

a/ Investment projects in which investment has been approved or which have been granted investment certificates by competent state agencies or projects on which investment policy was decided or approved by the National Assembly or Prime Minister before July 1, 2014;

b/ Investment projects neither required to be submitted to competent agencies for approval nor to have investment certificates, of which land use demand has been appraised by natural resources and environment agencies and in which investment was approved by competent agencies before July 1, 2014.

3. The recognition of rights to use to land currently used by social organizations or residential communities for non-agricultural purposes which is allocated by the State with or without land use levy, or of transferred land use rights with paid land use levy amounts originating from the state budget, or of rights to use land without any papers on land use rights shall be carried out in the form of land allocation without land use levy. The land use term must comply with Article 126 of the Land Law and shall be counted from the date the land use rights are recognized.

Entities that have been leased land or allocated land by the State with land use levy or received transferred land use rights with paid land use levy amounts not originating from the state budget may continue using the land as land allocated or leased by the State for the remaining land use term.

4. Economic organizations that use land obtained through the receipt of transferred rights to use land allocated with land use levy or leased by the State with money amounts paid for the transfer of land use rights not originating from the state budget may continue using the land as land allocated or leased by the State for the remaining land use term.

5. Cooperatives that are using land to which use rights have been contributed as capital by their members may have such land recognized by the State as land allocated by the State with land use levy without having to shift to land lease. The land use term shall be 50 years counted from the date land use rights are recognized. For land currently used as land eligible for stable and long-term use, the land use term shall be stable and long term.

6. For investment projects on which investment policy was approved in writing or of which project owners were selected under the investment law before July 1, 2014, but land has not yet been allocated or leased to the project owners, and which become conformable with land use master plans or plans, competent People’s Committees shall allocate or lease land to such project owners without having to auction land use rights.

7. For households or individuals that are using land allocated or leased by incompetent agencies or to ineligible subjects before July 1, 2004, and have paid land use levy to the State or have been allocated land without having to fulfill financial obligations, if the current use of such land conforms to land use, construction, urban, rural residential area or new-countryside commune construction master plans, the State will not recover the land.

8. Upon the expiration of a district-level annual land use plan, if the plan targets have not yet been fully achieved, such plan may continue to be implemented until the land use plan of the next year is approved by a competent state agency.”

62. To amend and supplement Article 101 as follows:

“Article 101. Competence to adjust the Prime Minister’s decisions on land recovery, land allocation, land lease or permission for land use purpose change before the effective date of the Land Law

In case the Prime Minister decided to recover, allocate or lease land or permitted the land use purpose change before July 1, 2004, if the decisions on land recovery, land allocation, land lease or permission for land use purpose change are subject to adjustment, such adjustment shall be decided by provincial-level People’s Committees if it does not lead to a change in the land use structure compared to that shown in the Prime Minister’s decisions.

If the adjustment of the Prime Minister’s decisions on land recovery, land allocation, land lease or permission for land use purpose change leads to a change in the land use structure shown in such decisions, provincial-level People’s Committees shall report such to the Prime Minister before deciding on the adjustment.”

Article 3. To amend and supplement Decree No. 44/2014/ND-CP of May 15, 2014, on land prices

1. To add the following Clause 4 to Article 7:

“4. Land prices in land price frames or tables of land for termed use shall be calculated corresponding to the land use term of 70 years.

For localities for which provincial-level People’s Committees have prescribed a land use term for calculation of land prices in land price tables different from that mentioned in this Clause, such term shall be adjusted as appropriate.” 

2. To add the following Point e to Clause 3, Article 11:

“e/ For non-agricultural land used by religious or belief establishments; land used for cemeteries; and other non-agricultural land categories, provincial-level People’s Committees shall base themselves on prices of land for non-agricultural production or business activities other than commercial and service land in adjacent areas specified in land price tables to set land prices.”

3. To add the following Article 15a:

“Article 15a. Responsibility to organize the determination of reserve prices for auction of land use rights

1. Provincial-level Natural Resources and Environment Departments shall organize the determination of reserve prices for auction of land use rights when the State allocates land with land use levy or leases land with one-off land rental payment for the entire lease term under Clause 1, Article 15 of this Decree.

2. Provincial-level Finance Departments shall assume the prime responsibility for, and coordinate with provincial-level Natural Resources and Environment Departments in, organizing the determination of reserve prices for auction of land use rights attached to state-owned property in accordance with the law on management and use of state property.”

4. To amend and supplement Clauses 2 and 3, Article 18 as follows:

“2. Specific land prices determined by the land price adjustment coefficient method prescribed in Clause 5, Article 4 of this Decree are applicable to the following cases:

a/ The cases specified at Points a, b, c and d, Clause 4, Article 114, in Clause 2, Article 172, and in Clause 3, Article 189, of the Land Law, of determination of land prices as reserve prices for auction of land use rights when the State allocates land with land use levy or leases land with one-off land rental payment for the entire lease term, in which the land parcel or the area of a project is valued at under VND 30 billion (according to land prices in land price tables) for centrally run cities, or under VND 10 billion for mountainous provinces and regions, or under VND 20 billion for other provinces; determination of land prices for calculation of land rentals when the State leases land with annual rental payment in which the unit price for land lease shall be re-determined for adjustment in the subsequent period; or of determination of land prices for use as a basis for determination of reserve prices for auction of land use rights when the State leases land with annual rental payment;

b/ The cases specified at Point dd, Clause 4, Article 114 of the Land Law for projects with adjacent land parcels with the same land use purpose and similar profitability and income earned from the land use or cases where requirements on information for application of the land price determination methods specified in Clauses 1, 2, 3 and 4, Article 4 of this Decree to determine the specific land price of each land parcel are not met in the area subject to land recovery.

3. Annually, provincial-level People’s Committees shall prescribe the land price adjustment coefficients applicable to the cases specified at Point a, Clause 2 of this Article.

For the cases specified at Point b, Clause 2 of this Article, provincial-level People’s Committees shall decide on the land price adjustment coefficient applicable to each land category by project or region for determination of land prices for calculation of compensations when the State recovers land.”

5. To amend and supplement Point c, Clause 2, Article 20 as follows:

“c/ Having a university or higher degree in land administration, cadastral work, real estate, price, price appraisal, economics, finance, accounting, audit, banking, economics-technique, technique, or law.”

6. To add the following Clause 3 to Article 20:

“3. To be granted a land price appraiser certificate, an individual must fully satisfy the following conditions:

a/ Satisfying the conditions prescribed at Points a, b, c and d, Clause 2 of this Article;

b/ Possessing a certificate of having completed a training course in land price appraisal under the land price appraisal training program issued by the Ministry of Natural Resources and Environment.”

Article 4. To amend and supplement Decree No. 47/2014/ND-CP of May 15, 2014, on compensation, support and resettlement upon land recovery by the State

1. To amend and supplement Article 11 as follows:

“Article 11. Compensation for land when the State recovers land allocated ultra vires before July 1, 2004, for which land use levy has been paid but certificates of land use rights have not been granted

1. Current users of land allocated ultra vires before October 15, 1993, who have papers proving the payment of a levy to competent agencies or organizations in order to use allocated land areas but have not yet been granted certificates of land use rights may receive compensation for the allocated land area and category.  

2. Current users of land allocated ultra vires during the period from October 15, 1993, to before July 1, 2004, who have papers proving their payment of a levy in order to use allocated land areas but have not yet been granted certificates of land use rights may receive compensation as follows:

a/ If they have papers proving the payment of a levy in order to use allocated land areas at the level prescribed by the 1993 Land Law, they may receive compensation for the allocated land area and category;

b/ If they have papers proving the payment of a levy in order to use allocated land areas below the level prescribed by the 1993 Land Law, they may receive compensation for the allocated land area and category with the deduction of the payable land use levy (if any) under the Government’s regulations on collection of land use levy upon grant of certificates of land use rights.

3. Current users of land allocated ultra vires before July 1, 2004, who have no papers proving the payment of a levy in order to use allocated land areas may receive compensation for the allocated land area and category with the deduction of the payable land use levy (if any) under the Government’s regulations on collection of land use levy upon grant of certificates of land use rights.”

2. To add the following Article 18a:

“Article 18a. Handling of paid land use levy or land rental amounts, remaining land investment expenses, and land-attached assets upon land recovery by the State

1. When the State recovers land in the cases specified at Points c and g, Clause 1, Article 64 or Point c, Clause 1, Article 65 of the Land Law, the asset owner may be returned the residual value of the land-attached assets which is lawfully established and does not originate from the state budget on the following principles:

a/ The return of the residual value of land-attached assets shall be made when the State allocates or leases recovered land to another person for use;

b/ The person who is allocated or leased land by the State shall return the residual value of land-attached assets to the person having land recovered;

c/ The provincial-level People’s Committee shall consider each case to decide on the return of the residual value of the land-attached assets in the cases subject to land recovery specified in this Clause;

d/ The Ministry of Finance shall specify this Clause.

2. When the State recovers land in the case of dissolution or bankruptcy of an organization specified at Point a, Clause 1, Article 65 of the Land Law, remaining land investment expenses and land-attached assets (if any) of the current land user shall be handled in accordance with the laws on dissolution and bankruptcy.

3. When the State recovers land in the case specified at Point c, Clause 1, Article 65 of the Land Law where the land user voluntarily returns the land, which has been allocated by the State with land use levy, to which land use rights have been recognized by the State with land use levy, or which has been leased by the State with one-off rental payment for the entire lease term, and for which the land user has fulfilled the financial obligations, and for a household or an individual that uses agricultural land allocated by the State without land use levy and fully satisfies the conditions for enjoying compensation, the value of land use rights shall be returned as follows:

a/ The determination of the value of land use rights to be returned shall be carried out at the time the State decides to recover the land;

b/ To be-returned value of land use rights shall be determined according to the land price in the land price table issued by the provincial-level People’s Committee for different land use purposes for which the State has allocated or leased land or recognized land use rights for the remaining land use term for land used for a definite term. A household or an individual that is directly engaged in agricultural production and using agricultural land allocated by the State without land use levy shall be returned the whole value of land use rights without deduction of the value of land use rights amortized for the period of land use;

c/ The return of the value of land use rights to the person or party that voluntarily returns land shall be carried out when the State allocates or leases recovered land to another person or party for use;

d/ A person or party to whom the State allocates or leases land shall return the value of land use rights to the person or party that has land recovered;

dd/ The Ministry of Finance shall specify this Clause.

4. When the State recovers land for a violation of the land law specified in Clause 1, Article 64 of the Land Law, the land user may not be returned the paid land use levy or land rental or remaining land investment expenses (if any) and residual value of land-attached assets, except the cases specified in Clause 1 of this Article.

5. When the State recovers land due to termination of land use under Clause 1, Article 65 of the Land Law, the paid land use levy or land rental or remaining land investment expenses shall be handled as follows:

a/ The paid land use levy or land rental shall not be refunded, except the cases specified in Clause 3 of this Article;

b/ The remaining land investment expenses shall not be refunded, except the cases specified in Clause 2 of this Article.

6. For a violation of the land law against which a land recovery decision was issued by a competent People’s Committee before July 1, 2014, the land use levy or land rental, remaining land investment expenses or land-attached assets (if any) which has or have not yet been handled shall be handled in accordance with the land law before July 1, 2014.”

3. To add the following Article 18b:

“Article 18b. Handling of remaining land rental amounts for persons or parties that have been leased land by the State with annual land rental payment and have paid in advance land rental amounts for many years upon land recovery by the State

1. A person or party that has been leased land by the State with annual land rental payment and has paid in advance a land rental amount to the State for many years may, upon land recovery by the State, be refunded the land rental amount paid in advance for the remaining land lease term counted from the date of issuance of a land recovery decision.

2. The Ministry of Finance shall guide funding sources and the determination of land rental amounts paid in advance for remaining land lease term to be refunded to land users under Clause 1 of this Article.”

4. To add the following Article 18c:

“Article 18c. Handling of property assigned by the State for management upon land recovery and in case of land recovery without land compensation

1. When having land recovered by the State, an organization that suffers damage to the property assigned to it by the State for management and use and has to be relocated may use property compensation to invest in the new location under an investment project approved by a competent authority.

2. An organization that has been allocated land by the State with land use levy or leased land by the State with one-off land rental payment for the entire land lease term and has paid the land use levy or land rental with state budget funds, or an organization allocated land by the State without land use levy is not entitled to land compensation upon land recovery by the State but may receive a monetary support if it has to be relocated under a decision of a competent state agency; the maximum support level must not exceed the land compensation level.

3. The Ministry of Finance shall guide the management, provision and settlement of monetary support mentioned in this Article.”

5. To amend and supplement Clauses 1 and 2, Article 19 as follows:

“1. Entitled to support for stabilization of livelihood and production are:

a/ Households and individuals that were allocated agricultural land by the State under the Government’s Decree No. 64/CP of September 27, 1993, promulgating the Regulation on allocation of agricultural land to households and individuals for long-term and stable use for agricultural production; Decree No. 85/1999/ND-CP of August 28, 1999, amending and supplementing a number of articles of the Regulation on allocation of agricultural land to households and individuals for long-term and stable use for agricultural production, and supplementing the allocation of land for salt production to households and individuals for long-term and stable use; Decree No. 02/CP of January 15, 1994, promulgating the Regulation on allocation of forest land to organizations, households and individuals for long-term and stable use for forestry purpose; Decree No. 163/1999/ND-CP of November 16, 1999, on allocation and lease of forest land to organizations, households and individuals for long-term and stable use for forestry purpose; and Decree No. 181/2004/ND-CP of October 29, 2004, on implementation of the Land Law, and Clause 1, Article 54 of the Land Law;

b/ Registered agricultural members of households mentioned at Point a of this Clause who are added after the time of allocation of agricultural land to such households;

c/ Households and individuals eligible for agricultural land allocation under Point a of this Clause that are using agricultural land transferred, inherited, donated or reclaimed in accordance with law, and certified as directly engaged in production on such agricultural land by commune-level People’s Committees of localities having the land to be recovered;

 d/ Households and individuals currently using land received through contractual allocation for use for agricultural, forestry or aquaculture purposes (excluding special-use forest and protection forest land) from state-owned agricultural or forest farms who are officials or workers of these farms currently working or having retired, stopped working due to loss of working capacity or been laid off on allowance and are directly engaged in agricultural or forestry production;

dd/ Households and individuals currently using land received through contractual allocation from state-owned agricultural or forest farms or agricultural or forestry companies transformed from state-owned agricultural or forest farms and directly engaged in agricultural production and earn stable incomes from agricultural production on such land;

e/ Households and individuals currently using land received through contractual allocation from agricultural production groups or cooperatives and directly engaged in agricultural production and earn stable incomes from agricultural production on such land;

g/ Economic organizations, households and individuals engaged in production or business and foreign-invested enterprises having to stop their production or business operation upon land recovery by the State are entitled to support for production stabilization.

2. Entitled to support for stabilizing livelihood and production are:

a/ Land-using households, individuals, economic organizations and foreign-invested enterprises specified in Clause 1 of this Article that have been granted certificates of land use rights or are eligible for grant of certificates of land use rights and ownership of houses and land-attached assets in accordance with the land law, except the cases specified in Clause 2, Article 77 of the Land Law and Point b of this Clause;

b/ For households and individuals currently using land through contractual  allocation of land for use for agricultural, forestry or aquaculture purpose (excluding special-use forest and protection forest land) under Points d, dd and e, Clause 1 of this Article, contracts on land contractual allocation are required.”

6. To amend and supplement Clause 1, Article 20 as follows:

“1. Households and individuals directly engaged in agricultural production as specified at Points a, b and c, Clause 1, Article  19 of this Decree and receiving monetary compensation upon agricultural land recovery by the State; households and individuals currently using land as specified at Points d, dd and e, Clause 1, Article  19 of this Decree (other than those being officials or workers of state-owned agricultural or forest farms or agricultural or forestry companies transformed from state-owned agricultural or forest farms who have retired, retired due to loss of working capacity or been laid off on allowance) are entitled to support for training, occupation change and job seeking upon the agricultural land recovery by the State as follows:

a/ Monetary support which must not exceed 5 times the price of agricultural land of the same category in the local land price table for the entire recovered agricultural land area. The area entitled to support must not exceed the agricultural land allocation limit in the locality under Article 129 of the Land Law;

b/ Specific support levels shall be decided by provincial-level People’s Committees based on local practical conditions.”

7. To add the following Point c to Clause 4, Article 30:

“c/ Persons who are allocated land by the State with land use levy or leased land by the State not through auction of land use rights and advance money amounts for compensation, support and resettlement may participate in the payment of compensation, provision of support and organization of resettlement upon the land recovery by the State.”

8. To add the following Points 6 and 7 to Article 34:

“6. For investment projects for which land recovery decisions and decisions approving plans on compensation, support and resettlement have been issued by competent state agencies but no compensation was made before July 1, 2014, the handling of late payment of compensation must comply with the land law effective before July 1, 2014.

7. For investment projects for which framework compensation, support and resettlement policies were approved by the Prime Minister before July 1, 2014, but compensation, support and resettlement plans have not yet been approved by their localities, if compensation, support and resettlement policies have changed since July 1, 2014, as compared to approved framework policies, the ministries and sectors having such investment projects shall report the changes to the Prime Minister for decision and coordinate with provincial-level People’s Committees of localities having such projects in organizing the implementation of compensation, support and resettlement policies after these policies are decided by the Prime Minister.”

Article 5. Transitional provision      

Land recovery decisions and compensation, support and resettlement plans that are issued or approved in accordance with the land law before the effective date of this Decree may continue to be implemented without having to comply with this Decree.

Article 6. Implementation provisions

1. This Decree takes effect on March 3, 2017.

2. Ministries, ministerial-level agencies, government-attached agencies and provincial-level People’s Committees shall guide the articles and clauses of this Decree as assigned and review existing documents for revision or replacement to be consistent with this Decree.

3. 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./.

The Government

Prime Minister

(Signed)

Nguyen Xuan Phuc