official gazette - faofaolex.fao.org/docs/pdf/vie74416.pdf · 12 official gazette issue nos...

12 OFFICIAL GAZETTE Issue nos 01·02/June 2007

(Cong Bao nos 382·383/June 16, 2007)

DECREE No. 8412007/ND-CP OF MAY 25,2007,ADDITIONALLY STIPULATING THEGRANT OF LAND USE RIGHTCERTIFICATES, RECOVERY OF LAND,EXERCISE OF LAND USE RIGHTS,ORDER AND PROCEDURES FORCOMPENSATION, SUPPORT ANDRESETTLEMENT UPON LAND

RECOVERY BY THE STATE, ANDSETTLEMENT OF LAND-RELATEDCOMPLAINTS

THE GOVERNMENT

Pursuant to the December 25, 2001 Law onOrganization ofthe Government;

Pursuant to the November 26, 2003 Land Law;

At the proposal of the Minister of NaturalResources and Environment and the Minister ofFinance,

DECREES:

Chapter I

GENERAL PROVISIONS

Article 1.- SlOOp" uf regulation

I. This Decree additionally stipulates somecases of grant ofland usc right ccrtificutcs, house

ownership and residential land use rightcertificates (below collectively referred to ascertificates); some cases of exercise ofland users'rights; recovery of land and land-relatedcompensation and support; order and proceduresfor land recovery, compensation, support andresettlement upon land recovery by the State fordefense and security purposes or for the sake of

national interests, public interests and economicdevelopment, and settlement of land-relatedcomplaints.

2. The grant of certificates, recovery of land,exercise of land users' rights, compensation,

support and resettlement upon land recovery bythe State, and settlement of land-relatedcomplaints which are not stipulated in this Decreecomply with current regulations.

Article 2.- Subjects of application

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I, Agencies performing the function of statemanagement ofland and agencies, organizationsand individuals involved in land administration,

2, Land users and organizations andindividuals involved in land use.

Chapter fl

SPECIFIC PROVISIONS ON SOMECASES OF EXERCISE OF LAND USE

RIGHTS AND GRANT OFCERTIFICATES

Article 3.- Land used in a stable manner statedin Clause 4, Article 50 of the Land LawI, Land used in a stable manner stated in Clause4, Article :'0 of the Land Law is land meeting oneof the following criteria:

al Laud has been used coutiuuuusly fur acertain purpose from the time it starts to be usedfor this purpose to the time it is granted acertificate or to the time a land recovery decisionis issued by a competent state agency, if thecertificate is not granted yet;

bl Land has been used continuously underPoint a of this Clause and its user has beenchanged but this change does not give rise to adispute over land use rights.

2, The starting time of land use in a stablemanner is determined on the basis of the date andpurpose of use shown on one of the followingpapers:

aI Agricuituralland use tax or house and landtax receipt;

bl Written record ofor decision on sanctioningof administrative violation related to land use ordecision on sanctioning of administrativeviolation related to construction ofworks attachedto land;

cl Effective court decision or judgment,enforced decision of a judgment enforcementbody on assets attached to land;

dl A competent state agency's effectivedecision on settlement of land dispute; writtenrecord of land dispute conciliation bearing thesignatures ofthe involved parties and certificationof a representative of the People's Committee ofthe commune, ward or township (belowcollectively referred to as commune-levelPeople's Committee) where the land exists;

el A competent state agency's decision onsettlement of land-related complaint ordenunciation;

fl Papers on permanent residence registrationor long-term temporary residence in the houseattached to residential land; people's identity cardor birth certificate showing the address of thehouse related to the land plot;

gl Paper on the hand-over, distribution orallocation of the land or house, issued by anagency or organization assigned by the State tomanage and use land;

hi Paper on the purchase and sale ofthe houseor another asset attached to land or paper on thesale and purchase of land or transfer of land userights, bearing the signatures of the involvedparties (certification of an agency or organizationis not required);

il Land maps, inventory book, survey andmeasurement records of different periods;

jI House and land registration declarationbearing certification of the commune-levelPeople's Committee at the time of registrationdeclaration,

3. If the starting time of land usc shown onvarious papers listed in Clause 2 of this Article isinconsistent, the starting time of land use in astable manner shall be determined according tothe paper showing the earliest starting date oflanduse,

4. If none of papers listed in Clause 2 of thisArticle is available or these papers do not showthe time of their making and the land use purpose,

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14 OFFICIAL GAZETTE Issue nos 01·02(June 2007(C6n9 Bao nos 382-383/June 16, 2007)

there must be certification of the commune-levelPeople's Committee of the starting time of landuse and the land use purpose on the basis ofcollected opinions of residents living togetherwith the person requesting certification at thestarting time of land use in the residential area(hamlet, village or street population group) wherethe land exists.

Article 4.- Time of determining financialliability upon submission of dossiers ofapplication for certificates or permission for landuse purpose change, land allocation or lease

I. For economic organizations, households orindividuals that have been allocated land withpayment of land use levy or leased land by acompetent state agency, their financial liabilityshall be determined according to the land policyand price applicable at the time ofissuance oftheland allocation or land lease decision; if the timeof hand-over of land does not coincide with thelim" staled in the land allocation or land leasedecision, the financial liability shall be determinedaccording to the land policy and price applicableat the time of actual hand-over of land.

2. When the land user who submitted acomplete and valid dossier of application for acertificate or for permission for land use purposechange to a competent state agencybefore JanuaryI, 2005 (the date on which new land prices areapplied under Decree No. 188/2004/ND-CP ofNovember 16, 2004. on methods of determiningland prices and price frames of different types ofland - Decree No. I8812004/ND-CP) has toresubmit or supplement the dossier because thefunctional agency delayed the carrying out ofprocedures or provided improper guidance oncompilation of the dossier, declaration forms weremodified or the competence to grant certificatesor permit land use purpose change was changed,the land user's financial liability shall bedetermined at the time of submission of thedossier.

3. When the land user submits the dossier ofapplication for a certificate or for permission forland use purpose change to a competent stateagency on or after January 1,2005, the land user'sfinancial liability shall be determined accordingto the land price decided by the provincial-levelPeople's Committee at the time of submission ofa complete and valid dossier. If the functionalagency delayed the carrying out ofprocedures orprovided improper guidance on compilation ofthe dossier, the dossier submitter may complainabout the act of delaying the processing ofdossiers; public employees or servants who delaythe processing of dossiers or give improperguidance on compilation of dossiers shall bedisciplined under Article 175 ofthe Government'sDecree No. 181/2004/ND-CP or October 29,2004, on the implementation of the Land Law(Decree No. 181/2004/ND-CP); the dossiersubmitter's financial liability toward the Stateshall be determined at the time of submission ofa complete and valid dossier.

4. Based on the dossier receipt register ordossier receipt, the land use right registrationoffice or the commune-level People's Committeethat receives the dossier shall certify in writingthe time the land user submits a complete andvalid dossier under Clause 2 of this Article, andsend its written certification to the tax office as abasis fur calculating the land user's financialliability.

Article 5.- Acknowledgment ofland use levydebts

1. for households or individuals that cannotafford to pay land use levy to the State underClause 4, Article 5 of the Government's DecreeNo. 17/2006/ND-CP of January 2'1, LUU6,amending and supplementing a number ofarticlesof the Decrees guiding the implementation oftheLand Law and the Government's Decree No. 187/2004/ND-CP on conversion of state companiesinto joint stock companies (Decree No. 17/2006/

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ND-CP), and households and individuals that areallocated by the State land for resettlement andwish Luowe land use levy, they may acknowledgeland use levy debts on their certificates after filingapplications therefor together with dossiers ofapplication for certificates or for permission forland use purpose change or dossiers ofhand-overofland for resettlement. When paying debts, landusers shall pay them at the land price applicableat the time of debt payment and have land uselevy debts acknowledged on their certificateswritten off.

2. When paying land use levy debts underClause I, Article 17 of the Government's DecreeNo. 198/2004/ND-CP of December 3, 2004, oncollection ofland lise levy (Decree No. 198/20041ND-CP), land users shall pay land use levy debtsat the land price applicable at the time ofgrant ofa certificate; when paying land usc levy debtsunder Clause 4, Article 5 ofDecree No. 17/20061ND-CP, which are acknowledged before theeffective date ofthis Decree, land users shall paythem in the amounts acknowledged on theircertificates.

3. The Ministry of Natural Resources andEnvironment and the Ministry of Finance shallguide the order and procedures for acknowledgingand paying debts.

Article 6.- Addition of procedures forpermission for land use purpose change withrespect to land with attached public assets

For land with attached public assets managedby central state agencies or state enterprises, thePeople's Committees ofprovinces or centrally runcities (below collectively referred to as provinciallevel People's Committees) may decide to permitland use purpose change only after obtainingwritten agreement ofthe Ministry ofFinance withthe permission for the use of those public assetsfor another purpose.

Article 7.- Land use levy exemption and

reduction upon grant ofcertificates to people whohave rendered meritorious services to theRevolution

Land use levy exemption and reduction forpeople who have rendered meritorious servicesto the Revolution shall be effected in accordancewith the law on preferential treatment to thesepeople.

Article 8.- Grant ofcertificates for agriculturalproduction laud

I. After completing the implementation of thefinal plan on swapping and consolidatingagricultural land plots, the People's Committeesof districts, towns or provincial cities (belowcollectively referred to as disu ict-Ievel People'sCommittees) shall withdraw the certificatesalready granted for many land plots and grant newones for each land plot under Clause 3, Article 48of the Land Law.

2. In localities where the final plan onswapping and consolidating agricultural land plotshas not yet been completed, if it is requested byhouseholds or individuals using these land plots,district-level People's Committees shall grant asingle certificate for land plots under the use rightof one household or individual; after theimplementation ofthe final plan on swapping andconsolidating land plots is completed, certificatesshall be granted under Clause I of this Article.

3. The Ministry of Natural Resources andEnvironment shall guide the grant of certificatesunder Clause 2 of this Article.

Article 9.- Grant uf certificates in the case ofusing agricultural land for building farms in ruralareas

I. When granted a certificate for rural farmland, the land user is not required to pay land uselevy for changing the land use purpu~e frumagricultural production land, forest land,aquaculture land or salt production land to another


16 OFFICIAL GAZETTE Issue nos01·021June 2007

(Cong BaD nos 382-383/June 16, 2007)

type of agricultural land in the following cases:

a! Building glasshouses and other types ofhouse for cultivation purposes, including formsof cultivation not directly on land;

b/ Building stables for cattle, poultry or otheranimals permitted by law;

c/ Building plant and animal seed nurseries;

d/ Building storehouses of agriculturalproducts, plant protection drugs, fertilizers, oragricultural production machines and tools usedin the farm.

? When changing the land use purpose fromland under annual crops other than landspecialized in wet rice, land under perennial trees,aquaculture land or land with production forestsbeing plantation forests to another type ofagricultural land under Point a, b, c or d, ClauseI of this Article, or from land specialized in wetrice to land for building a rice variety nursery, thefarmland user shall register the land use purposechange under Clause 2, Article 36 of the LandLaw.

Article 10.- Grant of certificates for land usedby population communities or religiousestablishments

I. The order and procedures for grantingcertificates to population communities are similarto those applicable to households and individualsspecified in Article 135 and Article 136 ofDecreeNo. 181/2004/ND-CP.

2. The order and procedures for grantingcertificates to religious establishments are similarto those applicable to organizations specified inArticle 137 of Decree No. 181/2004/ND-CP.

3. Land that is used by a religiousestablishment for agricultural production,silviculture or non-agricultural production andbusiness or charity activities and land used by areligious establishment under Clause I, Article99 of the Land Law (including land transferred

or donated before July 1, 2004) and is certifiedby the commune-level People's Committee to bedispute-free may be granted a certificate and beused under the land use regime corresponding toits use purpose as applicable to households andindividuals, and may be used for another purposeas decided by the provincial-level People'sCommittee; for land used for agriculturalproduction, silviculture, non-agriculturalproduction and business or charity activities ofareligious establishment which is other than landallocated by the State without collection of landuse levy, land users may transfer and donate theirland, lease their land use rights, and mortgage andguarantee with their land use rights in accordancewith the land law.

Article 11.- Grant of certificates in the casewhere land use rights have been transferred buttransfer procedures have not yet been carried outaccording to regulations

I. When the current user of land acquired fromtransfer, inheritance or donation ofland use rightsor a house associated with residential land userights (below referred to as right transferee) beforeJuly 1,2004, was not granted a certificate but hasa paper on the land use right transfer bearing thesignature of the transferor (without certificationof a competent agency of the transfer), he/she isnot required to curry out land use right transferprocedures and shall submit a dossier ofapplication for a certificate under Clause I, Article135 or Clause I, Article 136 of Decree No. 181/2004/ND-CP.

2. Tn the case of transfer of land use rights or ahouse associated with residential land, if theinvolved parties have made a transfer contract orpaper but the transferor fails to submit thecertificate or one ofland use right papers specifiedin Clause 1 and Clause 5, Article 50 of the LandLaw (below referred to as land use right papers),in order to carry out land use right transferprocedures, the following provisions shall be


Issue IIUS 01·021JuIIe 2007

(C6ng sao nos 382-383/June 16, 2007)OFFICIAL GAZETTE 17

complied with:

a/ In order to be granted a certificate, the righttransferee shall submit a dossier comprising anapplication for a certificate and the transfercontract or paper; the place ofreceipt of dossiersis defined in Article 122 ofDecree No. 181/2004/ND-CP;

bl The land use fight registration ottice shallbase itselfon the transfer contract or paper to senda written notice to the transferor and post it up atthe office of the commune-level People'sCommittee of the place where the land exists onthe carrying out of procedures for the grant of acertificate to the transferee and the cancellationof land use right papers not yet handed over tothe transferee, ifthe whole land area is transferred;on the carrying out ofprocedures for the grant ofa certificate to the right transferee and theadjustment of the certificate or the grant of a newone, if part of the land area is transferred; if theaddress of the transferor is unknown, the noticemust be published on three consecutive issues ofa local newspaper (the publishing cost is borneby the applicant).

c/ After 30 days since the date of notificationor publishing of the notice on a local newspaperon the carrying out ofprocedures for the grant ofa certificate to the right transferee, if there is nowritten request for dispute settlement, theprocedures for the grant of a certificate shall becarried out under Article 135 or Article 136 ofDecree No. 18112004/ND-CP or under the houselaw; the People's Committee competent to grantcertificates shall issue a decision to cancel thecertificate already granted to the transferor, if thelatter fails to turn in the certificate, or shall adjustthe certificate or grant a new one, ifthe transferorturns in the certificate, under the guidance of theMinistry ofNatural Resources and Environment;

In case of a written request for disputesettlement, the land use right registration officeshall guide the requester to file the request with

the state agency competent to settle disputesdefined in Article 135 or 136 ofthe Land Law.

Article 12.- Grant of certificates in the casethe land user dies before the hand-over of acertificate

If the individual who signs the dossier ofapplication for a certificate dies before the handover ofa certificate, the land use right registrationoffice shall report the case to the district-levelPeople's Committee for canceling the signedcertificate and ask the heir to supplement thedossier under Point a, Clause I, Article lSI ofDecree No. I8112004/ND-CP so as to be granteda certificate.

Article 13.- Certificates in the case the landuse right heir is a foreigner or an overseasVjetn~mespwho is inplieihlp for hnying housesassociated with residential land use rights

1. If all of the heirs of the rights to use land orland and assets attached to land (in this Articlecollectively referred to as land use rights) areforeigners or overseas Vietnamese who are

ineligible for buying houses associated withresidential land use rights in Vietnam underClause I, Article 121 of the Land Law and Clause2, Article 126 ofthe Housing Law (in this Articlereferred collectively as overseas Vietnamese whoare ineligible for buying houses associated withresidential land use rights in Vietnam), these heirsare not entitled to the grant of a certificate butmay transfer or donate the inherited land use rightsunder the following provisions:

a/ In case of transferring land use rights, thetransfer order and procedures shall be carried outunder Article 148 of Decree No. 18I/2004/NDCP, with the heir signing in the capacity astransferor the land use right transfer contract;

hi In case ofdonating land use rights, the doneemust be the one defined in Clause 6, Article 113of the Land Law and Clause 2, Article 126 of the



(Gong Baa nas 382-383/June 16. 2007)

Housing Law; the donation order and proceduresshall be carried out under Article 152 of DecreeNo. 18112004IND-CP, with the heir signing in thecapacity as donor the donation contract or writtendonation undertaking;

c/ In case of non-transfer or non-donation ofland use rights, the heir or his/her representative,who has a valid paper of authorization, shall filea dossier on inheritance acceptance with the landuse right registration office for recording it in thecadastral register for monitoring.

2. Ifone ofthe heirs is an overseas Vietnamesewho is ineligible for buying a house associatedwith land use rights in Vietnam while other heirsare eligible for inheriting land use rights underthe land law and the estate being land use rights

is not yet divided among the heirs, the heirs ortheir representative, who have a valid paper ofauthorization, shall file dossiers on inheritanceacceptance with the land use right registrationoffice for recording them in the r-adastra1regi ster

for monitoring.

After the estate division is completed,certificates shall be granted to eligible heirs; forthe heir who is an overseas Vietnamese ineligiblefor buying a house associated with land use rightsin Vietnam, his/her divided estate portion shallbe dealt with under Clause 1 of this Article.

2. Heirs in tbe cases specified at Point c, Clause1, and in Clause 2 of this Article may authorizein writing other persons to take care of ortemporarily use the land and fulfill theirobligations under the land law and relevant laws.

Article 14.- Grant of certificates in the casethe land has been used by households orindividuals since before October 15, 1993,without any of papers specified in Clause 1,Article 50 of the Land Law

1. For households or individuals that are usingland on which houses or construction works existwithout any of papers specified in Clause 1,

Article 50 of the Land Law but have used suchland in a stable manner since before October 15,1993, and do not fall into one ofthe cases of landuse specified in Clause 4 of this Article, if theirland is certified by the commune-level People'sCommittee to be dispute-free, the followingprovisions shall be complied with:

a/ A, the tiiue uf canying uut procedures forthe grant of a certificate for the land located in anarea for which there already is an approved landuse planning or detailed urban constructionplanning or rural residential spot constructionplanning (collectively referred to as planning), ifthe land use is in line with the planning and thereis no land recovery decision, for land subject torecovery, ~ certificate shall be granted to thehousehold or individual using the land.

For land with a house, the land user is notrequired to pay land use levy for the residentialland area currently in use, which, however, mustnot exceed the limit of land allocated to eachhousehold or individual specified in Clause 2,Article 83 and Clause 5, Article 84 of the LandLaw at the time of grant of a certificate; the landuser shall pay land use levy for the land area inexcess of the limit (ifany) at the rate specified atPoint a, Clause 3, Article 8 of Decree No. 198/2004IND-CP.

For land with a construction work (other thanhouse), the non-agricultural and agricultural landareas shall be determined based on the actual usestatus, The land user is not required to pay landuse levy for the non-agricultural land area.

For the land area identified as agricultural land,the provisions of Clause 2 of this Article shall becomplied with;

h/ Ifthere is no approved planning at the timeof carrying out the procedures for the grant of acertificate, the land user shall be granted acertificate under Point a of this Clause;

c/ If the land has been used since before theplanning is approved but at the time of grant of a


Issuo 1l0S 01-02{JuIl0 2007

(C6ng Baa nos 382·3831June 16, 2007)OFFICIAL GAZETTE 19

certificate, the land use is not in line with theapproved planning and a competent state agencyhas not yet issued any document on its intentionto recover the land under Article 49 ofthis Decree,the land user shall be granted a certificate underPoint a of this Clause;

dI If the land has been used since before theplanning is approved but at the time of grant of acertificate, the land use is not in line with theapproved planning and a competent state agencyhas issued a document on its intention to recoverthe land under Article 49 of this Decree, the landuser is not entitled to the grant ofa certificate butmay use the land in its actual status till a landrecovery decision is issued;

cl Whcn the planning is adjusted by acompetent state agency and the whole or part ofthe land plot is in line with the adjusted planningor the planning is cancelled under a decision of acompetent state agency, the land user shall begranted a certificate under Point a of this Clause.

2. For households or individuals that are usingland classified as agricultural land without any ofpape" specified in Clause I, Article 50 uf theLandLaw, but have used such land in a stable mannersince before October 15, 1993, and do not fall intoone of the cases ofland use specified in Clause 4of this Article, if their land is certified by thecommune-level People's Committee to be disputefree, they shall be granted a certificate under thefollowing provisions:

al The household or individual directlyengaged in agricultural production shall begranted a certificate without having to pay landuse levy for the land area currently in use, which,however, must not exceed the limit of allocatedagricultural land specified in Article 70 of theLand Law and in Clause I, Article 69 of DecreeNo. l81/2004/ND-CP; the remaining agriculturalland area (if any) shall be changed into the formofland leased from the State;

bl The household or individual not directly

engaged in agricultural production shall begranted a certificate in the form of lease of landfrom the State for the land area it/he/she is using.

For agricultural land ofthe same land plot witha house which is not recognized as residentialland, the household or individuals currently usingthis land shall be granted a certificate as in thecase specified at Point a of this Clause.

3. If the land plot has a garden or pond usedbefore December 18, 1980, and for which acertificate has been granted under Clause 2,Article 45 of Decree No. l8l/2004/ND-CP andthis land plot has been split from a land plotwithout any of land use right papers specified inClause l, 2 or 5, Article 50 of the Land Law, theremaining land area, after the split, may be alsogranted a certificate under Clause 2, Article 45 ofDecree No. l81/2004/ND-CP.

4. Households or individuals are not entitledto the grant of a certificate for the land area theyhave used since before October IS, 1993, if atthe time ofstarting to use the land they committedone of the following acts of violation (except forthe case specified in Clause 5 of this Article):

aIViolating the detailed construction planningalready approved and publicized by a competentagency;

bl Violating the detailed construction groundplanning already approved and publicized, forland areas allocated to organizations or populationcommunities for management;

cl Illegally encroaching or occupying theprotective corridor of a public work alreadypublicized and demarcated;

dl Illegally encroaching or occupying aroadbed, roadside or pavement for which aconstruction marking line has been drawn;

el Illegally encroaching or occupying land usedfor public purposes; special-use land or unusedland, and other violations deliberately committeddespite prevention documents.


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5. Households or individuals currently usingland in the cases specified in Clause 4 of thisArticle in accordance with the planning effectiveat the time of grantofa certificatesshall be granteda certificate and pay land use levy at the ratesspecified at Points a, band c, Clause I, Article 15of this Decree.

Article 15.- Grant of certificates in the casethe land has been used by households orindividuals since October 15, 1993

1. For households or individuals that are usingland without any ofpapers specified in Clause I,Article 50 of the Land Law but used such landfrom October 15, 1993, to before July 1, 2004,and do not fall into one of the cases of land usespecified in Clause 4 ofArticle 14 of this Decree,if their land is certified by the commune-levelPeople's Committee to be dispute-free and in linewith the approved planning or there is noapproved planning at the time ofcarrying out theprocedures for the grant ofa certificate, they shallbe granted a certificate under the followingprovisions:

aJ For land with a house, the household orindividual shall pay land use levy at the ratespecified at Point a, Clause 3,Article 8 ofDecreeNo. 198/20041ND-CP for the land area in usewhich, however, must not exceed the limit ofresidential land allocated to each household orindividual specified in Clause 2, Article 83 andClause 5, Article 84 of the Land Law at the timeofgrant of a certiticate; tor the land area in excessof the limit (if any), the household or individualshall pay land use levy at the rate specified at Pointb, Clause 3, Article 8 of Decree No. 198120041ND-CP;

bl Fur land with a construction work (otherthan house), the non-agricultural and agriculturalland areas shall be determined based on the actualuse status. The land user shall pay land use levyfor the non-agricultural land area at the ratespecified at Point a, Clause 3, Article 8 ofDecree

No. I98/2004IND-CP; the land price used for thecalculation of the payable land use levy amountis the price ofland of the same type used for nonagricultural purpose;

cl For the land area identified as agriculturalland, the provisions of Clause 2 ofArticle 14 ofthis Decree shall be complied with.

2. Fur households or individuals that use landfrom October 15, 1993, to before July 1, 2004,and have none of papers specified in Clause 1,Article 50 of the Land Law for the whole or partof their land plot, if their land is certified by thecommune-level People's Committee to bedispute-free but is not in line with the approvedplanning, for localities where there is such aplanning, or at the time of carrying out theprocedures for the grant of a certificate theycommit an act of violation specified in Clause 4,Article 14 ofthis Decree, they are not entitled tothe grant of a certificate for the whole or part ofthe land plot but may temporarily use the landplot in its actual status till a competent stateagency issues a land recovery decision.

3. The State neither recognizes land use rightsnor grants certificates for and shall recover landareas illegally encroached or occupied or allocatedor leased ultra vires from July 1, 2004, on.

Article 16.- Grant of certificates in the casethe land was allocated ultra vires before July 1,2004, for which the current land user has paidland use levy in order to use it

For land which was allocated ultra vires andfor which its current user has papers proving thepayment of land use levy to an agency ororganization ill order to use it before July 1, 2004,and which is now certified by the commune-levelPeople's Committee to be dispute-free and in linewith the planning, the current user shall be granteda certificate under the following provisions:

I. If the land has been used in a stable mannersince before October IS, 1993, the current user


Issue nos 01·02/June 2007

(C6ng Baa nos 382-3831June 16, 2007)OFFICIAL GAZETTE 21

shall be granted a certificate for the allocated landarea without having to pay land use levy,

2. If the land was used in stable manner fromOctober 15, 1993, to before July I, 2004,

a/ For the allocated land area of a type ofagricultural land or non-agricultural land otherthan residential land, the current user shall begranted a certificate without having to pay landuse levy.

bl For the land area allocated for usc asresidential land within the allocated residentialland limit specified in Clause 2, Article 83 orClause ), Article l!4 of the Land Law, the currentuser shall be granted a certificate without havingto pay land use levy; for the remaining land areawith a house (if any), the current user shall begranted a certificate and pay land use levy at therate specified at Point a, Clause 3, Article 8 ofDecree No. I98/2004/ND-CP; for the remainingland area without a house (if any) determined asagricultural land in its actual use status, ifrequesting permission for using it for a nonagricultural purpose, the land user shall be granteda certificate and pay land use levy at the ratespecified in Clause 2,Article 5 ofDecree No. 17/2006/ND-CP.

Article 17.- Provisions on the minimum areaallowed for division and the grant of certificatesto land plots smaller than the minimum area

I. Provincial-level People's Committees shallprescribe the minimum area allowed for divisionfor each type of land in accordance with thepractical conditions of their localities.

2. For land plots smaller than the minimumarea prescribed by the provincial-level People'sCommittee but eligible for the grant of acertificate, their current users shall be granted acertificate; the construction of houses or workson such a land plot must comply with theprovincial-level People's Committee'sregulations.

3. For a land plot divided without permissioninto two or more land plots one or more than oneofwhich is or are smaller than the minimum landarea prescribed by the provincial-level People'sCommittee, no certificate shall h" granted.

4. Notarial agencies and commune-levelPeople's Committees may not notarize orauthenticate the transfer of land use rights for thecase of dividing without permission a land plotinto two or more land plots one or more than oneofwhich is or are smaller than the minimum landarea prescribed by the provincial-level People'sCommittee.

Article18.- Grant ofcertificate in the case thereis a disparity h"tw""n area figures obtained fromfield measurements and those reflected on landuse right papers

I. If the figures obtained from fieldmeasurements conducted strictly according totechnical rules of cadastral measurement showthat the area of the land plot is smaller than thearea reflected on the land use right paper, acertificate shall be granted according lo the figuresobtained from the actual measurement, the landuser is not entitled to refund of the land use levyamount already paid (if any) for the area smallerthan the area reflected on the land use right paper.

2. If the figures obtained from fieldmeasurements conducted strictly according totechnical rules of cadastral measurement showthat the area of the land plot is larger than thearea reflected on the land use right paper, this caseis settled as follows:

a/ If the present boundary of the land plot seesno change compared to the time of obtaining theland use right paper and there is no dispute withadjacent land users and the area measured in thefield at the time of grant of a certificate is largerthan the area retlected on the land use right paper,a certificate shall be granted according to the areameasured in the field; the land user is not required



(C6ng Blio nos 382-3831June 16, 2007)

to pay land use levy for the area in excess of thearea reflected on the land use right paper;

bl If the present boundary of the land plot seessome change compared to the time ofobtaining theland use right poper and the area measured in thefield is larger than the area reflected on the land useright paper and the excessive area is certified by thecommune-level People's Committees ofthe localitywhere the land exists to be reclaimed or taken overfrom the former land user, to have been used in astable manner without dispute, a certificate shall begranted for the whole area measured in the field andthe land user shall pay the land-related financialliability for the excessive area in accordance withthe land law;

cl If the present boundary of the land plot seessome change compared to the time of obtainingthe land use right paper and the area measured onthe field is larger than the area recorded on theland use right paper and the excessive area is"ertified hy the cornrn une-l evel People'sCommittees of the locality where the land existsto be illegally encroached or occupied, the caseshall be dealt with under Clauses 4 and 5, Article14 or Clause 2, Article 15 of this Decree,

Article 19.- Grant of certificates in the case ofdivision or consolidation of land plots

I. A dossier of division of a land plotcomprises:

a/ An application for permission to divide orconsolidate a land plot(s), made by the land user,if the division or consolidation is requested bythe land user and the division or consolidationresults from the receipt of transfer of land userrights under Point j and Point k, Clause I, Article99 of Decree No. 181/2004/ND-CP;

bl A certificate or one of land use right papersspecified in Clauses 1, 2 and 5, Article 50 of theLand Law; in case ofthe division or consolidationas a result of the receipt of transfer of land userrights under Point j and Point k, Clause I, Article

99 of Decree No. I 81/2004/ND-CP, a documentspecified at Point a, Clause I, Article 140 ofDecree No. I81/2004/ND-CP is also required.

2. Division or consolidation of land plots atthe request ofland users is carried out as follows:

a/ The land user asking for permission to divideor consolidate a land plot(s) shall compile onedossier set and submit it to the provincial-levelNatural Resources and Environment Service, fororganizations. religious establishments. overseasVietnamese, foreign organizations or individuals; orto the district-level Natural Resources andEnvironment Section, for households andindividuals;

bl Immediately on the date of receipt of acomplete and valid dossier or the subsequentworking date at the latest, the provincial-levelNatural Resources and Environment Service ordistrict-level Natural Resources and EnvironmentSection (collectively referred to as Natural Resourcesand Environment agency) shall send the dossier toits attached land use right registration office forpreparation ofa cadastral dossier;

cl Ifthe consolidation ofa land plot(s) requiresno cadastral measurement, immediately on thedate of receipt of a complete and valid dossier orthe subsequent working date at the latest, the landuser right registration office shall make an extractofthe cadastral map and an extract ofthe cadastraldossier and send them to the Natural Resourcesand Environment agency ofthe same level.

If the division or consolidation of a land ptotrs)requires cadastral measurement, within seven (7)working days from the date of receipt of acomplete and valid dossier, the land user rightregistration office shall conduct cadastralmeasurement ofthe newly divided or consolidatedland plot, make an extract of the cadastral mapand an extract of the cadastral dossier and sendthem to the Natural Resources and Environmentagency of the same level;

d/ Within three (3) working days from the date


I.suo nos 01-02/Juno 2007

(C6ng Baa nos 382-383/June 16, 2007)OFFICIAL GAZETTE 23

of receipt of an extract of the cadastral map andan extract of the cadastral dossier, the districtlevel Natural Resources and Environment Sectionshall submit a report on the case to the districtlevel People's Committee for consideration andsigning of a land use right certificate for the newland plot, or the provincial-level NaturalResources and Environment Service shall, ifauthorized, sign a certificate for the new land plotor, if not authorized, submit the case to theprovincial-level People's Committee for signingof a certificate for the new land plot;

el Within three (3) working days as from thedate of receipt of the report, the People'sCommittee at the competent level shall consider,sign and send a certificate to its attached NaturalResources and Environment agency;

fl Immediately on the date ofreceipt ofa signedcertificate or the subsequent working date at thelatest, the Natural Resources and Environmentagency shall hand over the original of thecertiticate tor the new land plot to the land userconcerned; send a copy of the certificate and theoriginal ofthe withdrawn certificate or one oflanduse right papers specified in Clauses I, 2 and 5,Article 50 of the Land Law to its attached landuse right registration office; send a notice on theland use change to the land use right registrationoffice of the provincial-level Natural Resourcesand Environment Service for adjustment of themaster cadastral dossier.

3. In case of division of a land plot due torecovery ofpart ofthe land plot by the State, basedon the land recovery decision, the NaturalResources and Environment agency shall dividethe land plot under Points b, c, d, e and f, Clause2 of this Article,

Article 20.-Use ofland and grant ofcertificateswith respect to land areas under projects onconstruction of urban centers, rural residentialareas and production and business areas used fordifferent purposes

1.Use ofland with respect to land areas underprojects on constructionofurban centers (includingurban residential areas), rural residential areas orproduction and business areas with different landareas used for different purposes which are otherthan industrial parks, economic zones or hi-techparks is provided for as follows:

aI For land areas used for public purposes, theproject owners are not required to pay land uselevy and land rent;

bl For each land area used tor proper purposesdetermined in the investment projects, projectowners may opt to pay land use levy under DecreeNo. 198/2004/ND-CP or pay land rent underDecree No. 142/2005/ND-CP of November 14,JOOS, on collection ofland rents and water surfacerents.

2. If land areas used for the execution ofprojects on construction of urban centers, ruralresidential areas or production and business areasembrace many land areas used for differentpurposes, certificates shall be granted to each landplot in accordance with the approved detailedconstruction planning and the land law.

Article 21.- Withdrawal of illegally grantedcertificates

I. Upon written conclusion ofan investigativeor inspection agency that a certificate was grantedillegally, the state agency competent to grantcertificates shall consider this conclusion and, iffinding it correct, issue a decision to withdrawthe granted certificate,

2. When a state agency competent to grantcertificatesdetects, through inspection, an illegallygrantedcertificate, it shall notify in writing the caseto the inspection agency of the same level forverification;district-level inspection agencies shallconduct verification with respect to certificatesgranted by district-level Pcople's Committeeswhile provincial-level inspection agencies shallconduct verification with respect to certificates


24 OFFICIAL GAZETTE Issue nos 01·021June 2007(C6ng Bao nos 382-383/June 16, 2007)

granted by provincial-level People's Committeesor Natural Resources and Environment Services.If, through verification, it is concluded that acertificate was granted illegally, the state agencythat has grantedthe certificateshall issue a decisionto withdraw it.

3. An organization or citizen that detects anillegally granted certificate shall send a petitionor report on the detection to the state agency thathas granted the certificate. The state agency thathas granted the certificate shall consider and settlethe petition or report under Clause 2 of this Article.

4. Withdrawal uf certificates in the cases notspecified in Clause 2, Article 42 of Decree No.181/2004fND-CP and Clauses I, 2 and 3 of thisArticle may only be effected under effectivedecisions or judgments of People's Courts.

Chapter III

SPECIFIC PROVISIONS ON HANDLINGOF SOME CASES OF CHANGE OF LAND

USE RIGHTS

Article 22.- Right to lease assets attached toland which is leased by the State and subject toannual payment of land rent

Economic organizations and individuals thatlease land from the State and pay land rent on anannual basis may lease out their own assetsattached to the leased land; lessees are obliged toUS" these assets fur the purpose determined in theland lease decisions issued by competent stateagencies.

Article 23.- Land use rights of joint-ventureeconomic organizationsjointly set up by domesticand foreign investors upon conversion intoeconomic organizationswith 100%foreign capital

I. Whenjoint-venture economic organizationsjointly set up by domestic and foreign investorsare converted into economic organizations with100% foreign capital, the land area contributed

as capital to the joint ventures must be switchedto the form ofland leased by the State and subjectto one-off or annual payment of land rent atdiscretion.

2. The land lease duration under Clause I ofthis Article is determined as follows:

a! If the land contributed to the joint venture island used in a stable and permanent manner, theland lease duration is seventy (70) years countingfrom the date the joint-venture economicorganization is converted into an economicorganization with 100% foreign capital;

bl If the land contributed to the joint ventureis land used for a given period, the land useduration is the remaining duration of the useperiod of the land contributed to the joint venture.

3. The Ministry of Finance shall guide thehandling ofland-related financial liabilities in thecase of conversion of joint-venture economicorganizations into economic organizations with100% foreign capital.

Article 24.- Land use rights of joint-ventureeconomic organizations jointly set up by domesticand foreign investors and of economicorganizarions with 100% foreign capital uponreceipt of transfer of investment projects

I. Joint-venture economic organizations jointlyset up by domestic and foreign investors andeconomic organizations with 100% foreign capital(in this Article collectively referred to as foreigninvested economic organizations) may receivetransfer of projects involving land use fromdomestic economic organizations in the followingcases:

al Investment projects on construction ofinfrastructures in industrial parks, exportprocessing zones, industrial clusters or otherbusiness areas with the same land use regimespecified in Clauses I and 2, Article 35 of thisDecree;


Issu. nos01-02/Jun. 2007

(C6ng sso nos 382·3831June 16, 2007)OFFICIAL GAZETTE 25

bl Investment projects in economic zones orhi-tech parks;

cl Investment projects on construction ofinfrastructures in urban centers or rural residentialareas;

dl Investment projects on production andbusiness;

el Investment projects on construction andcommercial operation ofhouses with completelyconstructed common-use infrastructures

2. Receipt oftransfer of projects involving landuse under Clause I ofthis Article shall be carriedout in accordance with the real estate businesslaw and the following provisions:

aI Ifthe transferor of the project is a domesticeconomic organization that is allocated land bythe State with collection of land use levy orreceives transfer of land use rights and the paidland use levy amount or the amount paid for thetransfer of land use rights is not originated fromthe state budget, the value ofland use rights shallbe included in the total value of the project transfercontract; the foreign-invested economicorganization shall carry out procedures for leasingland from the State but is not required to payland rent;

bl If the transferor ofthe project is a domesticeconomic organization that is allocated land bythe State with collection of land use levy orreceives the transfer of land use rights and thepaid land use levy amount or the amount paid forthe transfer of land use rights is originated fromthe state budget, or that is leased land by the Stateor is allocated land by the State without collectionof land use levy for the purpose of contributionofcapital in the form ofland use rights, the valueofland use rights shall not be included in the totalvalue ofthe project transfer contract; the foreigninvested economic organization shall carry outprocedures for leasing land from the State in theform of annual payment of land rent or one-offpayment ofland rent for the whole lease duration;

cl If the land of the project transferred underPoint a ofthis Clause is originated from land usedfor a given period, the land lease duration of theforeign-invested economic organization is theremaining duration of the land use perioddetermined before the transfer of the land; if theland is originated from land used in a stable andpermanent manner, the land lease duration isseventy (70) years counting from the date ofsigning of the project transfer contract and may,upon request, be extended many times, with eachextension not exceeding seventy (70) years; theforeign-invested economic organization is notrequired to pay land rent for the extended duration.

3. A foreign-invested organization whichreceives transfer of a house construction andbusiness project from a domestic economicorganization that is allocated land by the Statefor stable and permanent use and has paid landuse levy not originated from the state budget,when selling houses, is not required to remit tothe State the difference between the land use levyand the land rent under Clause 2, Article 81 ofDecree No. 18112004/ND-CP; the buyers ofhouses associated with land use rights may useland in a stable and permanent manner.

4. The Ministry of Natural Resources andEnvironment and the Ministry of Finance shallguide the provisions of this Article.

Article 25.- Handling ofland use rights to landcontributed as capital to joint-venture economicorganizationsby enterprises which are undergoingequitization

I. for state enterprises that have been allocatedor leased land by the State but have not yet paidland use levy or land rent, or have been allocatedor leased land by the State or have receivedtransfer of land use rights and have paid for theland allocation or lease or the land use righttransfer with money originated from the statebudget, they may not include the value of landuse rights contributed as capital in their value for


26 OFFICIAL GAZETTE Issue nos 01-02iJune 2007

(C6ng BaD nos 382-383/June 16, 2007)

equitization; the value of land use rights alreadycontributed to the joint-venture economicorganization before equitization are regarded asstate capital contributed to this organization,

2. For state enterprises that have been allocatedor leased land by the State or have receivedtransfer of land use rights and have paid for theland allocation or lease or the land use righttransfer with money not originated from the statebudget, they may include the value of land userights contributed as capital in their value forequitization.

Article 26.- Handling ofland use rights of nonagricultural cooperatives to land contributed bytheir members which have switched to lease ofland from the State

For non-agricultural cooperatives using landwhich was contributed by their members, if thesecooperatives have switched to lease ofland underthe Prime Minister's Directive No. 245/TTg ofApril 22, 1996, on implementation of some urgenttasks in land administration and use by domesticorganizations allocated or leased land by the State,and Decree No. 851CP of December 17, 1996,stipulating the implementation of the Ordinanceon Rights and Obligations of DomesticOrganizations Assigned or Leased Land by theState, they are now not required to lease land fromthe State. They have land user's rights andobligations defined in Clauses 1 and 2, Article 110of the Land Law. Provincial-level NaturalResources and Environment shallcancel land leasecontracts with the cooperatives and adjust thegranted certificates or grant new ones to thesecooperatives.

Article 27.- Right to select forms of land usein the case of execution of investment projectson construction of houses for lease

1. Investors that are domestic economicorganizations, overseas Vietnamese may select theform of land allocation by the State with payment

of land use levy or the form of land lease withannual payment of land rent for the execution ofprojects on construction of houses for lease.

2. Investors that are overseas Vietnamese andindividuals or economic organizations withforeign investment capital may select the form oflease of land by the State with one-off paymentof land rent for the whole lease duration or theform of land lease with armual payment of landrent for the execution of projects on constructionof houses for lease.

Article 28.- Right to select the form ofpaymentof land use levy or payment of land rent uponland use purpose change in the case investorsreceive transfer of land use rights for executionof investment projects

I. When an investor receives transfer of landuse rights in accordance with the land law for theexecution of an investment project in line withland use plarming or plan and has to change theland use purpose after receipt of the transfer, theinvestor may select either of the following twoforms:

a/ Use of land in the form regarded as beingallocated land with collection of land use levy. Inthis case, the investor shall pay land usc levy inorder to change the land use purpose and has therights and obligations defined in Clause 1 andClause 2, Article 110 of the Land Law;

bl Use ofland in the form oflease ofland fromthe State. In this case, the investor shal! pay landrent to the State and has the rights and obligationsdefined in Clause I, Article 111 of the Land Law;has the rights and obligations defined in Article110 of the Land Law during the period for whichthe investor has paid land rent in advance underPoint b, Clause 2 of this Article for the case theinvestor has paid land rent in advance for a periodoffive (05) years or more.

2. The amount of money actually paid by theinvestor for the receipt of transfer of land use


Issuo nos 01·021June 2007

(C6ng Bao nos 382·3831June 16, 2007)OFFICIAL GAZETTE 27

rights is handled as follows:

aJ It shall be subtracted from the land use levypayable for land use purpose change by theinvestor to the State for land use under Point a,Clause I of this Article;

bl It shall be regarded as land rent paid inadvance by the investor to the State for land leaseunder Point b, Clause I of this Article.

3. The amount of money paid by the investorfor the receipt of transfer ofhno use rights underClause 2 of this Article shall be determined onthe basis of the market price of land use righttransfer under normal conditions but must notexceed the amount of money to be compensatedor supported in relation to land in the case oflandrecovery by the State,

4. The amount of money actually paid by theinvestor for the receipt of transfer of land userights under Clause 3 of this Article shall beaccounted as proj ect investment expensesincurred by the investor,

S.The price ofland alreadypaid by the investorin order to receive transfer of lund usc rights andthe price ofland for the purpose ofland allocation,land lease, land-related compensation or supportshall be determined by hiring the consultancyservice of land price consultancy organizationsestablished and operating under law. Thedetermined prices shall be appraised byprovincial-level Finance Services before beingsubmitted to provincial-level People'sCommittees for decision.

6. The Ministry of Natural Resources andEnvironment and the Ministry of Finance shallguide the implementation of the provisions ofthisArticle.

Article 29.- Land use duration for nonagricultural land used in a stable and permanentmanner in accordancewiththe land law beforeJuly1,2004

For non-agricultural land used since beforeJuly I, 2004, by economic organizations andallocated for the purpose ofgeneration of capitalfor building infrastructure under projects; nonagricultural production and business land ofhouseholds or individuals that is nol allocated or

leased by the State, economic organizations,households and individuals may continue use suchland in a stable and permanent manner for nonagricultural purposes, are not required to pay landuse levywhen permitted to change the usepurposeof such land to the residence purpose, and areentitled to land-related compensation at the priceofresidential land upon land recoveryby the State,

Article 30.- Land use duration for landallocated as compensation upon land recovery bythe State to households and individuals for use asnon-agricultural production or service provisiongrounds

For land allocated by the State as compensationupon land recovery by the State to householdsand individuals for use as non-agriculturalproduction or service provision grounds underClause 4 and Clause 5, Article 4 of Decree No,17/2006/ND-CP, these households andindividuals may use such land in a stable andpermanent manner for non-agriculturalproduction and business purposes, are notrequired to pay land use levy when permitted tochange the use purpose of such land to theresidence purpose, and are entitled to land-relatedcompensation at the price ofresidential land uponland recovery by the State.

Article 31.- Detailed provisions on the exerciseof the right to mortgage and guarantee with landuse rights and assets attached to land

I. Guarantee with land use rights and assetsattached to land under the Land Law is understoodas mortgage with land 1I,eright, for a third partyto borrow loans under the Civil Code (belowreferred to as mortgage with land use rights).


28 OFFICIAL GAZETTE Issye nos 01·021Jyne 2007

(C6ng Bao nos 382·383/June 16, 2007)

2. Registration ofmortgage with land use rightsand assets attached to land with respect tohouseholds and individuals that have been granteda certificate is provided as follows:

al If the mortgage registration dossier issubmitted to a district-level land use rightregistration office. this office shall carry out themortgage procedures immediately on the date ofreceipt of a complete and valid dossier; for adossier submitted after 3 p.m., it shall carry outthe mortgage procedures on the subsequentworking day at the latest;

bl If the mortgage registration dossier issubmitted to the commune-level People'sCommittee, the commune-level cadastral officer(who is authorized by the district-level land useright registration office) shall check the dossier; ifthe dossier is complete and valid, he/she shall carryout the mortgage registration procedures, sign forcertification and affix the seal of the communelevel People's Committee immediatelyon the dateof receipt of the dossier or no later than thesubsequent working day.

3. Registration of mortgage with land use rightsand assets attached to land with respect tohouseholds or individuals that have not yet beengranted a certificate but have one of papersspecified in Clauses 1, 2 and 5, Article 50 of theLand Law shall be conducted at district-levellanduse right registration offices. Within five (5)working days from the dateof receiptof a completeand valid dossier, the district-levelland use rightregistration office shall carry out the mortgageregistration procedures.

4. The Ministry of Natural Resources andEnvironment shall guide the carrying out ofmortgage registration procedures mentioned atPoint b, Clause 2 of this Article.

Article 32.- Land with investment projects onconstruction of houses for sale or lease executedby overseas Vietnamese, foreign organizations or

foreign individuals

1. Overseas Vietnamese, foreign organizationsor individuals (referred to as foreign investors inthis Article) may be leased land by the State in theform oflease with one-offpayment ofland rent orparticipationofland price biddingsheld bythe Statewith respect to land for investment projects onconstructionof houses for sale or lease.The amountof land rent to be paid once for land use in thiscase is equal to the amount oflaud use levypayablein the case of allocation of land with collection ofland use levyforresidential land or is the successfulland price bid.

2. The duration of land lease in the casementioned in Clause 1 of this Article is seventy(70) years and may, upon request, be extendedmany times, with each extension not exceedingseventy (70) years; foreign investors are notrequired to pay land rent for the extended duration.If an investor sells houses under a houseconstruction or business project, buyers ofhousesassociated with land use rights may use land in astable and permanent manner and are not requiredto pay the amount of money resulting from thedifference between leased land and land used ina stable and permanent manner.

3. The Ministry of Natural Resources andEnvironment shall guide land lease procedures,land use right price bidding procedures andcertificate-granting procedures mentioned in thisArticle.

Chapter IV

SPECIFIC PROVISIONS ON SOMECASES OF LAND RECOVERY AND

LAND-RELATED COMPENSATION ANDSUPPORT UPON LAND RECOVERY BY

THE STATE

Article 33.- Recovery ofland in adjacent areasof provincial-level administrative units

~ VIEl NAM LAW &: LEGAL FORUM

Issye nos 01·02(June 2007

(GOng Bao nos 382-383/June 16, 2007)OFFICIAL GAZETTE 29

Upon recovery of land in adjacent areas ofprovinces or centrally run cities, provincial-levelPeople's Committees shall prescribe land priceson the basis of not only economic, social andinfrastructure conditions in these areas but alsogeneral economic, social and infrastructureconditions and each locality's capability to attractinvestment in these adjacent areas.

Article 34.- Land recovery for the executionof important economic development projects.residential areas, economic development in urbancenters and rural residential areas

I. The State shall recover land for the executionof important economic development projects inthe following cases:

al Important national projects in whichinvestment is decided by the National Assembly;

bl Important projects in which investment isapproved by the Prime Minister.

2. The State shall recover land for the executionof projects on construction of residential areas(including residential area infrastructure projectsand housing projects), trade centers and high-classhotels in the following cases:

al Projects in existing urban centersdemonstrated in land use plannings or detailedurban center construction plannings alreadyapproved by competent state agencies, in each ofwhich investment has been approved by theprovincial-level People's Committee president;

bl Projects in expanded areas ofexisting urbancenters or new urban centers demonstrated in landuse plannings or detailed urban centerconstruction plannings already approved bycompetent state agencies;

cl Projects in existing rural residential areas,expanded urban residential areas or new ruralresidential areas demonstrated in land uscplannings or detailed rural residential spotconstruction plannings already approved by

competent state agencies

3. The Ministry of Natural Resources andEnvironment shall guide the implementation ofthe provisions of Clause I and Clause 2 of thisArticle.

Article 35.- Recovery ofland for constructionof business zones in which the same land useregime is applied

1. Other business zones in which the same landuse regime is applied stated in Clause 1, Article40, and Clause 1, Article 90 of the Land Lawinclude:

al General trade and service zones wherevarious trading activities are carried out andservices are provided by different businessentities;

bl Tourist resorts connected in terms ofinfrastructure, forms of business and businessentities (excluding eco-tourist resorts);

cl Outdoor entertainment and leisure zones thatcan be used by people ofall age groups and wheremass entertainment and leisu-e activities are

organized by different business entities;

dl Cattle and poultry raising zones whereindustrial animal raising methods are applied,complete infrastructure is built and differententities invest in animal raising.

2. Business zones mentioned in Clause 1 ofthis Article must meet the following conditions:

a/ They have been demonstrated in land useplannings and plans already approved bycompetent state agencies;

bl Investment in these zones has been approvedby the Prime Minister or decided by theprovincial-level People's Committee president orhas been demonstrated in the master socioeconomic development plan of the province orcentrally run city already approved by competentauthorities;



(Gong Baa nos 382-383/June 16,2007)

c/ Residential land and houses are not arrangedin these zones; these zones are not intermingledwith residential land ami houses.

3. For investment projects on business zonesmentioned in Clause I ofthis Article, land shallbe recovered and allocated or leased to investorsin accordance with the land law.

4. Use of land under projects on constructionof business zones mentioned in Clause I of thisArticle is similar to use ofland in industrial parksstipulated in Article 84 of Decree No. 181/2004/ND-CP and Clause 7, Article 2 ofDecree No. 17/2006IND-CP.

Article 36.- Recovery of land in the case ofuse of laud re-allocated or leased by hi-tech parkor economic zone management boards

Hi-tech park and economic zone managementboards shall recover land they have re-allocatedor leased under Clause 2, Article 91 and Clause2, Article 92 of the Land Law in the fulluwingcases:

I. The land user has been re-allocated or leasedland by the hi-tech park or economic zonemanagement board but is not permitted forextension of the land usc duration upon itsexpiration.

2, The land-using organization is dissolved,goes bankrupt, moves elsewhere, reduces or nolonger has the land use need and has paid landuse levy with money originated from the statebudget.

3. The land user voluntarily returns the landunder Clause 8, Article 38 of the Land Law.

4. The land user commits an act of violationof the land law specified in Clause 3, 4, S, 6, 9,11 or 12, Article 38 of the Land Law.

Article 37.- Recovery of land or extension ofthe land use duration in the case stated in Clause12, Article 38 of the Land Law

1. Within six (06) months from the date ofexpiration of the duration stated in Clause 12,Article 38 of the Land Law, competent People'sCommittees shall decide to recover land in thecase of non-extension of the land use durationunder Clause 2 of this Article.

2. State agencies competent to allocate or leaseland, including hi-tech park or economic zonemanagement boards, may only permit extensionof the land use duration upon approval of acompetent sate agencies in charge of investmentmanagement, for land allocated or leased by theState for the execution ofinvestment projects butnot put to use or used behind schedule underClause 12, Article 38 of the Land Law becausethe investor faces difficulties caused by naturaldisaster, accident, war, economic or financialcrisis or other force majeure events which directly~ffeet the proj""t execrrtion pmeress

Article 38.- Recovery of land in the case ofagricultural land belonging to public land fundsof communes, wards or townships

District-level People's Committees shalldecide to recover agricultural land belonging topublic land funds of communes, wards ortownships for use for non-agricultural purposesin accordance with land use plannings and plansalready approved by competent state agencies.

Article 39.- Recovery of land in the case inwhich current land users have no right to transferor lease land use rights, mortgage with orcontribute capital in the form of land use rights

For investment projects whereby investorshave the duty to reach agreementwith current landusers on the transfer or lease ofland use rights orcontribution of capital in the form of land userights, if current land users have no right totransfer or lease land use rights, mortgage withor contribute capital in the form ofland use rightsas prescribed by the land law, the State shallconduct the recovery ofland for allocation or lease


Issue nosOH2/June 2007

(G6ng Bao nos 382-383/June 16, 2007)OFFICIAL GAZETTE 31

to investors,

Article 40.- Recovery of land in the case theland is subject to recovery by the State butinvestors take the initiative in proposing andobtain permission to reach agreement with landusers and then fail to reach agreement with landusers

I. For land for an economic developmentproject which is subject to recovery by the State,if the investor proposcs the provincial-IcvclPeople's Committee to allow it to reach agreementwith users of land covered by the project on thetransfer of land use rights, lease of land use rightsor contribution of capital in the form of land userights and obtains the latter's written approval ofits proposal but past one hundred and eighty (180)days from the date of obtaining the writtenapproval there remain some land users disagreeingwith the investor, the People's Committee at thecompetent level shall decide to recover land areasover which the investor fails to reach agreementwith their users; compensation, support andresettlement shall be conducted in accordancewith law. Provincial-level People's Committeesshall decide to allocate or lease the recovered landareas to investors.

2. Disputes and complaints in the casesspecified in Clause I of this Article are settled asfollows:

aI Disputes over contracts on agreement onland use rights between land users and investorsare settled by People's Courts in accordance withthe civil law;

bJ Complaints lodged by land users aboutadministrative decisions or acts related to landrecovery are settled under Article 118 ofthe LandLaw, Article 63 and Article 64 ofthis Decree, andthe complaint settlement provisions of theGovernment's Decree No. 136J2006/ND-CP ofNovember 14, 2006, detailing and guiding theimplementation ofa number ofarticles ofthe Law

on Complaints and Denunciations and the lawsamending and supplementing a number ofarticlesof the Law on Complaints and Denunciations(Decree No. 136J2006/ND-CP).

Article 41.- Rcspons ib il itics of I'coplesCommittees at all levels in the case in whichinvestors reach agreement with land users whoseland is not subject to recovery by the State

I. Within the scope oftheir assigned functionsand tasks, People's Committees at all levels havethe following responsibilities:

aJ To direct the provision of documents onpolicies and laws and dossiers of land plots inrelation to the reaching of agreement;

bJ To preside over the reaching of agreementbetween the investor and land users at the proposalof one or all of the involved parties;

cJ To direct the carrying out ofprocedures forland transfer or lease or contribution of capital inthe form ofland use rights.

2. People's Committees at all levels and stateagencies may not issue land recovery decisionsor take measures in contravention of law tointerfere in the reaching of agreement betweeninvestors and land users in the case of land notsubject to recovery.

Article 42.- Right of land users to make owninvestment in land areas they are using in the caseofland subject to recovery for investment projectsfor production, business or house construction andbusiness purposes

I. When land users (or users of adjacent landareas) make an application for permission to investin land areas subject to recovery for investmentprojects on production and business or houseconstruction and business, if fully meeting thefollowing conditions, they may make owninvestment or select capital-contributingorganizations and individuals for makinginvestment projects:


32 OFFICIAL GAZETTE I$$ue nos01·02JJune 2007

(C6ng Baa nos 382-383/June 16, 2007)

aJ Their land areas are in line with the land useplanning or detailed construction planning andsuitable to the size of works already approved bya competent state agency;

bl They have an investment project inaccordance with the investment law;

clThey are capable ofexecuting the investmentproject to meet the approved project requirementsand schedule.

2. The Ministry of Natural Resources andEnvironment shall assume the primeresponsibility for, and coordinate with theMinistry ofPlanning and Investment in, guidingland users to make own investment in their landareas subject to recovery for investment projectson production, business or house construction andbusiness.

Article 43.- Support for agricultural laudintermingled with residential areas and gardenandpond land adjacent to residential land inresidential areas upon land recovery by the State

Agricultural land intermingled with residentialareas ami garden and pond land adjacent toresidential land in residential areas are eligiblefor land-related supports under Clause 2, Article10ofDecree No. 197/2UU4/NV-CP ofDecember3, 2004, on compensation, support andresettlement upon land recovery by the State(Decree No. 19712004/ND-CP) covers thefollowing cases:

1. Land area eligible for support is the wholearea ofagricultural land, garden and pond land inthe same land plot with house which is notrecognized as residential land and is located inthe following areas:

atWithin the administrative territory ofa ward;

b/ Within a residential area in a township orrural residential area already delimited under aplanning approved by a competent state agency;if the residential area in a township or ruralresidential area has no approved planning yet, the

boundary of outermost land plot with house inthe residential area shall be used for supportdetermination purposes.

2. For garden and pond land areas actually usedhy land users in the same land plot with a lonehouse, a house built along a canal or a road outsidethe areas mentioned in Clause I of this Article,the land area of each land plot eligible forpecuniary support must not exceed five (05) timesthe limit ofallocated land area specified in Clause2,Article 83 and Clause 5, Article 84 of the LandLaw at the time of issuance of the land recoverydecision.

3. For land areas of agricultural land plotsadjacent to the boundary of the areas mentionedin Clause 1 of this Article, the area of each landplot eligible for pecuniary support must notexceed five (05) times the limit of allocated landarea specified in Clause 2, Article 83 and Clause5, Article 84 of the Land Law at the time ofissuance of the land recovery decision.

4. Provincial-level People's Committees shallspecify land areas eligible for pecuniary supportin the cases defined in Clause 2 and Clause 3 ofthis Article.

Article 44.- Land-related compensation andsupport upon land recovery by the State for landused since before October 15,1993, without anyland use right papers.

I. Upon recovery of land used since beforeOctober 15, 1993, without a certificate or any ofland use right papers specified in Clause 1,Article50 ofthe Land Law and certified by the communelevel People's Committee to be dispute-free, landrelated compensation and support are provided asfollows:

a/ If the used land is land with house and doesnot fall into the casesofland use specifiedin Clause4,Article 14ofthis Decree, the land user is entitledto compensation for the land area it/he/she isactually using which must not exceed the limit of


Issue nos01-02/June 2007

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allocated land area specified in Clause 2, Article83 and Clause 5, Article 84 ofthe Land Law at thetime ofissuance ofthe land recoverydecision.Thearea in excess of the limit of allocated residentialland area and the garden and pond land area on thesame land plot with house (if any) which is notrecognized as residential land is eligible for landrelated compensation and support under theprovisions applicable to agricultural landintermingled with residential areas;

bl If the land is currently used for a nonagricultural purpose (other than residential land)and does not fall into the cases of land usespecified in Clause 4, Article 14 of this Decree,the land user is entitled to compensation for theland area itlhe/she is actually using. If there isalso some area currently used for the agriculturalpurpose on the same land plot, for this area theland user is entitled to land-related compensationand support under the provisions applicable toagricultural land;

cl If the land is currently used for theagricultural purpose by land users that arehouseholds and individuals directly engaged inagricultural production, these land users areentitled to compensation and support for the landareas they are actually using which must nutexceed the limit ofallocated agricultural land areaspecified in Clause 70 ofthe Land Law and Clause1, Article 69 of Decree No. 18112004IND-CP;

dl If the used land falls into one of casesspecified in Clause 4, Article 14 of this Decree orthe agricultural land area exceeds the limit ofallocated land area specified in Article 70 of theLand Law and Clause 1,Article 69 ofDecree No.18112004IND-CP, land users are not entitled toland-related compensation; if the used land is landwith house and its user has no otheraccommodation, this land user is entitled to landrelated support or a house for resettlement underregulations of the provincial-level People'sCommittee.

2. If a land plot has a garden or pond usedbefore December 18, 1980, and for which acertificate was granted under Clause 2, Article 45of Decree No. 181120041ND-CP and this land plotwas split from a land plot without any land userightpapers specified in Clauses 1,2 and S, ArticleSO of the Land Law, the remaining land plot, afterthe split, which is certified by the commune-levelPeople's Committee to be dispute-free is alsoeligible for land-related compensation and supportfor residential land within the limit specified inClause 2,Article 45 ofDecree No. 181/2004INDCPo

Article 45.- Land-related compensation andsupport upon land recovery by the State for landused since October 15, 1993, without any landuse right papers

1. Upon recovery of land used for some timefrom October 15,1993, to July 1,2004, withouta certificate or any land use right paper specifiedin Clause 1, Artiele 50 of the Land Law, andcertified by the commune-level People'sCommittees to be dispute-free, land-relatedcompensation and support are provided asfollows:

a/ Ifthe used land is land with house and doesnot fall into the cases of land use specified inClause 4, Article 14 of this Decree, the currentland user is entitled to compensation for the landarea itlhe/she is actually using which must notexceed the limit of allocated land area specifiedin Clause 2, Article 83 and Clause 5, Article 84of the Land Law at the time of issuance of theland recovery decision, and the land use levypayable at the rate specified at Point a, Clause 3,Article 8 of Decree No. 198/20041ND-CP shallbe subtracted from the compensated amount. Thearea in excess ofthe limit ofallocated residentialland area and the garden and pond land area onthe same land plot with house which is notrecognized as residential land is eligible for landrelated compensation and support under the


34 OFFICIAL GAZETTE Issue nos 01·021June 2007

(Gong Bao nos 382-383/June 16, 2007)

provisions applicable to agricultural land;

bl If the land is currently used for a nonagricultural purpose (other than residential land)and does not fall into the cases of land usespecified in Clause 4. Article 14 of this Decree.the current land user is entitled to compensationfor the land area it/he/she is actually using, butthe land use levy payable at the rate specified atPoint a, Clause 3, Article 8 of Decree No, 19812004/ND-CP shall be subtracted from thecompensated amount. The land price used forcalculating the land use levy is the price of landof the same type used for a non-agriculturalpurpose. Ifthere is also some area currently usedfor an agricultural purpose on the same land plot,for this area the land user is entitled to land-relatedcompensation and support under the provisionsapplicable to agricultural land;

cllf the used land is of a type of agriculturalland and land users are households and individualsdirectly engaged in agricultural production. theseland users are entitled to compensation andsupport for the land areas they are actually usingwhich must not exceed the limit of allocatedagricultural land area specified in Article 70 ofthe Land Law and Clause I, Article 69 ofDecreeNo. llW2004/NV-CP;

dl If the used land falls into one of casesspecified in Clause 4, Article. 14 ofthis Decree orthe agricultural land area exceeds the limit ofallocated land area specified in Article 70 of theLand Law and Clause 1,Article 69 ofDecree No.18112004/ND-CP, land users are not entitled toland-related compensation; ifthe used land is landwith house and its user has no otheraccommodation, this land user is entitled tobenefits specified in Clause 2,Article 14 of DecreeNo. I97/2004/ND-CP.

2. For land illegally encroached or occupiedor allocated or leased ultra vires since July 1,2004,persons who committed acts of illegalencroachment or occupation or were allocated or

leased land ultra vires are not entitled to landrelated compensation upon land recovery.

Article 46.- Land-related compensation andsupport upon recovery by the State ofland whichwas allocated ultra vires before July 1,2004, andfor which land users have paid land use levy forland use but have not yet been granted a certificate

For land which was allocated before July 1,2004, and for which current land users have paidland use levy for land use but have not yet been

granted a certificate, land-related compensationand support are provided as follows:

1. Land users that have used the land sincebefore October 15, 1993, are entitled to landrelated compensation for the allocated land areaand type.

2. Land users that used the land from October15, 1993, to before July 1,2004, are entitled toland-related compensation and support as follows:

aI Land-related compensation and support forthe allocated land area which is agricultural landor non-agricultural land other than residentialland; for the residential land area within [he limitofallocated land area specified in Clause 2, Article83 and Clause 5, Article 84 of the Land Law;

bl Land-related compensation and support forthe allocated land area which is residential landwithin the limit of allocated land area specifiedin Clause 2, Article 83 and Clause 5, Article 84ofthe Land Law, less the land use levy payable atthe rate specified at Point a, Clause 3, Article 8 ofDecree No. 198/2004/ND-CP.

Article 47.- Land-related compensation andsupport upon land recovery by the State in thecase in which areas obtained from fieldmeasurement are different from those retlectedon land use right papers

Upon recovery of land, if the area obtainedfrom field measurement is different from thatreflected on the land use right paper,


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compensation is paid as follows:

I. Ifthe area obtained from field measurementis smaller than that reflected on the land use rightpaper, compensation shall be paid based on thearea obtained from field measurement.

2. If the area obtained from field measurementis larger than that reflected on the land use rightpaper because the previous measurement wasincorrect or the land user did not declare the wholearea upon registration but the whole land plot isclearly demarcated and free from disputes withadjacent land users and does not result from illegalencroachment and occupation, compensation shallbe paid based on the area obtained from fieldmeasurement.

3. Ifthe area obtained from held measurement islarger than that reflected on the land use right paper,certified by the commune-level People's Committeeof the place where exists the land that the surplusarea results from reclamation and was transferredfrom the former land user, the land area has beenused in a stable and permanent manner and isdispute-free, compensation shall be paid based onthe area obtained [TOm field measurement,

4. Ifthe area obtained from field measurementis larger than that reflected on the land use rightpaper as a result of illegal encroachment andoccupation, the surplus area is not eligible forcompensation.

Article 48.- Compensation in the form ofresidential land upon recovery ofagricultural landby the State

When households and individuals directlyengaged in agricultural production have more than30% oftheir agricultural land areas recovered bythe State without compensation in the form ofcorresponding agricultural land and do not wantto receive compensation in the form of land forUS" as ground Ior production or provision ofnonagricultural services under Clause 4, Article 4 ofDecree No. 17/2006/ND-CP, they are entitled to

allocation of residential land subject to land uselevy in a resettlement area or in a residential areain accordance with planning.

Provincial-level People's Committees shallprescribe the area of allocated land on the basisof local land funds and the recovered land area ofeach household or individual.

The price of allocated residential land is equalto that of the recovered agricultural land of thecorresponding type plus the residential areainfrastructure cost but does not exceed the priceofresidential land under similar conditions at thetime of land recovery prescribed and publicizedby the provincial-level People's Committee.

Chapter V

ORDER AND PROCEDURES FORLANDRECOVERY AND COMPENSATION,

SUPPORT AND RESETTLEMENT UPONLAND RECOVERY BY THE STATE

Article 49.- Determination and publicizationof land recovery guidelines

I. Determination of land recovery guidelines(for the case of land recovery according toplanning) or issuance of written approval ofinvestment location (for the case ofland recoveryaccording to proj ect) shall be effected on thefollowing grounds:

a/ Land use plannings and plans or urban centerconstruction plannings or rural residential spotconstruction plannings already approved bycompetent state agencies in accordance with law;

bl Land use needs expressed III investmentproject dossiers in accordance with the investmentlaw and construction law;

For an investment project using state budgetcapital, the land use need is determined accordingtu the project approval decision issued by acompetent agency; for an investment project usingnon-state budget capital, the land use need is


36 OFFICIAL GAZETTE Issue nos 01·02/June 2007(C6ng Baa nos 382-383/June 16, 2007)

determined according to the land use needassessment document issued by the provinciallevel Natural Resources and Environment Serviceunder Point b, Clause 1,Article 30 ofDecree No.181/2004/ND-CP; for a project on constructionof a religious establishment, the land use need isdetermined according to the decision issued bythe provincial-level People's Committee;

cl Land recovery cases specified at Points a,b. c. d, e. g and h. Clause I, and Points a, c and d.Clause 2, Article 36 ofDecree No. 181/2004/NDCP, Clause 3, Article 2 of Decree No. 17/20061ND-CP, and Article 34 and Article 35 of thisDecree.

2. Provincial-level or district-level People'sCommittees shall issue documents on landrecovery guidelines or written approvals ofinvestment locations mentioned in Clause I ofthis Article.

3. District-level People's Committeesoflocalitieswhere exists the land to be recovered shall directthe publicization of land recovery guidelines,regulationson landrecovery, compensation, supportand resettlement upon recovery of land for defenseand security purposes, for the sake of nationalinterests, public interestandeconomicdevelopment;commune-level People's Committees of localitieswhere exists the land to be recovered shall post upland recovery guidelines at their offices and publicmeeting places in the areas where exists the land tobe recovered, and make public announcements oncommune-level radio broadcasting networks (inlocalitieswhereexist radio broadcastingnetworks),

Article 50.- Preparation of cadastral dossiersfor land plots to be recovered

I. On the basis of documents of People'sCommittees mentioned in Clause 2, Article 49 ofthis Decree, Natural Resourcee and Rnvironment

agencies shall prepare (in localities where landuse right registration offices have not yet beenset up) or direct land usc right registration offices

ofthe same level to prepare cadastral dossiers forland plots to be recovered under the followingprovisions:

a!Adjusting cadastral maps to suit the actualstatus and make extracts of cadastral maps, forplaces where official cadastral maps are available,or conduct cadastral measurements, for placeswhere official cadastral maps are not yet available;

bl Completing and extracting cadastral dossiers(cadastral registers) and sending them to theorganization in charge of compensation andground clearance;

cl Drawing up a list of land plots to berecovered, stating the code number of the map,code numbers ofland plots, names ofland users,areas of land plot portions with the same usepurposes, and land use purposes.

2. For a land plot requiring cadastralmeasurement,the district-level People's Committeeof the place where exists the land to be recoveredshall notify in writing the concerned land user ofthe cadastral measurement, who shall comply withthe notification, cooperate with measurementofficers and facilitatethe measurement to determinethe actual status ofthe land plot.

3. In case of recovery of land according toprojects, expenses for the adjustment ofcadastralmaps, extraction of cadastral maps, cadastralmeasurement and extraction ofcadastral dossiersshall be incurred by investment project owners;in ease of recovery ofland according to planning,these expenses shall be incurred by the land funddevelopment organization.

Article 51.- Making, evaluation and approvalof overall plans on compensation, support andresettlement

1.The organization in charge ofcompensationand gr01lnd clearance (with the participation ofinvestors' representatives) shall make an overallplan on compensation, support and resettlement(below referred to as overall plan) on the basis of

e VIETNAM LAW & LEGAL FORUM

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available data and documents provided by theNatural Resources and Environment agency, andsubmit uue (0 I) set to the provincial-level FinanceService or district-level Finance Section(collectively referred to as finance agency) forevaluation. An overall plan contains the followingprincipal details:

a! Grounds for making the plan;

bl General data on land areas of different typesand grades, for agricultural land, code numbersof maps, code numbers of land plots; andestimated value of assets on the land;

cI General data un the number of households,household members and laborers in the land areato be recovered, clearly stating the number oflaborers to change jobs and the number ofhouseholds to be resettled;

dl Estimated compensation and supportamounts and projected site and area of the landor houses for resettlement, mode ofresettlement;

el Proposed measures to create jobs forinhabitants and training plan to help them changetheir jobs and occupations;

fl A list of to be-relocated works of the State,organizations, religious establishments andpopulation communities and their sizes, andproposed new locations;

g/ The number of graves to be relocated andproposed new locations;

hi Estimated fund for the implementation ofthe plan;

il Funding source;

j/ Plan implementation schedule.

2. Within fifteen (15) days from the date ofreceipt ofan overall plan, the finance agency shallcoordinate with the Natural Resources andEnvironment agency and concerned agencies inevaluating the overall plan and submit it to thePeople's Committee of the same level forconsideration and approval.

3. Within seven (7) days from the date ofreceipt of the submission report of the financeag"ncy, the People's Committee which has issuedthe land recovery guideline or approved theinvestment location shall consider and sign adecision approving the overall plan.

Article 52.- Notification of land recovery

I. After the overall plan is approved, theorganization in charge of compensation andground clearance shall notify the concerned landusers of the reason for land recovery; estimatedcompensation, support and resettlement amounts;job change and employment measures, and timeofrelocation and hand-over ofthe recovered landstated in the overall plan.

2. Pursuant to the provisions oflaw, land usershave the right to make comments, proposals orrequests to the organization in charge ofcompensation and ground clearance to explain thenotified contents specified in Clause I of thisArticle.

Article 53.- Land recovery decision

I. The issuance of a land recovery decision isas follows:

a! Atter twenty (20) days from the date ofnotification specified in Clause I, Article 52 ofthis Decree, the Natural Resources andEnvironment agency shall submit to the People'sCommittee of the same level a land recoverydecision;

bl Within five (5) working days from the dateof receipt of the submission report of the NaturalResources and Environment agency of the samelevel, the People's Committee shall consider andsign the land recovery decision;

cl Ifthe recovered land area covers both a landplot falling under the recovering competence ofthe provincial-level People's Cornmiuee and aland plot falling under the recovering competenceof the district-level People's Committee, the


38 OFFICIAL GAZETTE Issu. nos 01·02/Jyn. 2007

(Cong Bao nos 382-383/June 16, 2007)

provincial-level People's Committee shall issuea common decision to recover all land plots onthe land area and issue decisions to recover landplots under its recovering competence;

dl Within fifteen (15) days from the date ofreceipt of the common recovery decision of theprovincial-level People's Committee mentionedat Point c ofthis Clause, the district-level People'sCommittee shall issue decisions to recover landplots falling under its recovering competence.

2. Land recovery decisions include:

al Decision issued by a provincial-levelPeople's Committee on the general recovery ofall land plots on the land area, stating the totalland area to be recovered, names and addressesofland users, and the list of recovered land plots;

bl Decision issued by a provincial-level ordistrict-level People's Committee according to itscompetenceon the recoveryofeach landplot, statingthe name and address of the person with land to berecovered, the code number ofthe map or the codenumber of the cadastralmeasurementdocument, thecode number ofthe land plot, type of land and area(according to the cadastral dossier and official areadata re-determined in the course of making thecompensation and ground clearance plan).

3. Land recovery decisions must be sent topersons with land to be recovered and posted upat the offices of commune-level People'sCommittees of places where exists the to berecovered land throughout the duration from thedate of receipt of the decisions by the communelevel People's Committee to the completion ofthe land recovery.

Article 54.- Settlement of complaints aboutland recovery decisions

1. Complaints shall be settled under Article 138of the Land Law, Article 63 and Article 64 ofthisDecree and the complaint settlement provisionsof Decree No. 136/2006/ND-CP.

2. Pending the issuance of a complaint

settlement decision, the land recovery decisionmust be still executed. If the state agencycompetent to settle complaints concludes that theland recovery is illegal, the execution ofthe landrecovery decision must be stopped; the stateagency which has issued the land recoverydecision shall issue a decision to cancel the issuedland recovery decision and pay compensation forany damage caused by the land recovery decision.If the state agency competent to settle complaintsconcludes that the land recovery is lawful, theperson with land to be recovered shall complywith the land recovery decision.

Article 55.- Declaration, inventory andidentification of the origin of land

After obtaining a land recovery decision, theorganization in charge of compensation andground clearance shall organize the declarationand inventory of land and assets attached to land,and identify the origin of land according to thefollowing order and procedures:

1. The person with land to be recovered makesdeclaration according to a form issued and guidedby the organization in charge ofcompensation andground clearance; a declaration must have thefollowing principal contents:

aIArea and type of land (land use purpose),origin, starting time of land use, available landuse right papers;

bl Quantity of houses, types and grades ofhouses, time ofuse, and other works constructedon the land; quantity, kinds and ages ofperennialtrees; area under annual trees, their kinds, yieldand output; area under aquaculture or salt making,yield and output of aquatic products or saltproduced;

cl Number of household members (based onpermanent residence registration, long-termtemporary residence registration in the locality),number oflaborers affected by the land recovery(for the agricultural sector, they include persons


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directly engaged in agricultural production;silviculture, aquaculture or salt production on landplots to be recovered; for the non-agriculturalsector, they include contractual employees ofregistered employers); their resettlement and jobchange aspirations, if any;

d/ Number of graves to be relocated.

2. The organization in charge ofcompensationand ground clearance shall check the declaredcontents and inventorize land and assets attachedto land, and identify the origin of land in thefollowing order:

aI Checking in the field the land area in the caseof conflicts or claims about area figures; checkingand counting damaged assets and comparing themwith the landuser's declaration. The fieldcheckandcount must be joined by a representative of thecommune-level People's Committees of the placewhere the to be-recovered land exists and its userlives.The checkand countresultdocument must besigned by the checking and counting person, theperson with land to be recovered (or a lawfullyauthorizedperson),the personwith damaged assets(or a lawfully authorizedperson),a commune-levelcadastral officer, representatives of the NaturalResources and Environment Section and theleadership of the organization in charge ofcompensation and ground clearance;

bl Working with the land use right registrationoffice and the commune-level People'sCommittee of the place where exists the land toidentify the origin of land use and cases eligiblefor compensation, support or resettlement.

Article 56.- Making, evaluation and approvalof compensation, support and resettlement plans

The organization in charge of compensationand ground clearance (with the participation ofrepresentatives of the investor and householdswith land to be recovered) shall make and submitspecific compensation, support and resettlementplans (below referred to as compensation plans)

under Decree No. I97/2004/ND-CP and DecreeNo. 17/2006/ND-CP according to the followingorder and procedures:

1. Making a compensation, support andresettlement plan:

al Within sixty (60) days from the date ofcompletion ofthe measurement, check and count,the organization in charge of compensation andground clearance shall make a compensation,support and resettlement plan;

bl A compensation, support and resettlementplan has the following details:

- The name and address ofthe person with landto be recovered;

- Area, type and grade of the land (foragricultural land), position, origin of the land tobe recovered; quantity, amount or percentage ofresidual quality of damaged assets;

- Grounds for calculation ofthe compensationOr support money, such as the land price, houseor work price, number of household members,number of laborers of working age and numberof social allowance beneficiaries;

-Amount ofcompensation and support money;

- Resettlement;

- Relocation of works of the State,organizations, religious establishments andpopulation communities;

- Relocation of graves.

2. Collection of comments on thecompensation, support and resettlement plan:

al Posting up the plan at the office of thecommune-level People's Committee and publicmeeting places in the residential area where existsthe land to he recovered for persons with land tobe recovered and concerned persons to giveopinions;

bl The posting must be recorded in writing andthe written record must be certified byrepresentatives of the commune-level People's


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Committee, the commune-level Fatherland FrontCoriunittee and persons with land to be recovered;

c/ The period for posting up the plan andreceiving opinions is at least twenty (20) daysfrom the first date of posting.

3. Finalization of the plan:

a! At the end of the period of posting andreceipt ofopinions, the organization in charge ofcompensation and ground clearance shall sum upin writing the received opinions, the numbers ofopinions for, against and different from the plan;finalize the plan and send it together with a writtensum-up ofreceived opinions to the finance agency

for evaluation;

b/ If there are many opinions against the plan,the organization in charge of compensation andground clearance shall gi ve explanations orreview and adjust the plan before sending it tothe finance agency for evaluation.

4. Evaluation and submission of the plan forapproval:

a! Within fifteen (15) days from the date ofreceipt of the plan, the finance agency shallevaluate and submit it to the People's Committeeof the same level for approval:

bl When it is necessary to further finalize theplan, the organization in charge of compensationand ground clearance shall finalize the plan andre-send it to the finance agency.Within seven (07)days from the date of second receipt of the plan,the finance agency shall submit it to the People'sCommittee ofthe same level for approval.

5. Approval of the plan:

aI Within fifteen (15) days from the date ofreceipt of the submission report of the financeagency, the People's Committee of the same levelshall consider and decide to approve the plan.

bl If the plan, which is subject to approval bythe district-level People's Committee, contains theland price used for the calculation ofcompensationand support money which is higher than the land

price decidedand publicized by the provincial-levelPeople's Committee, the district-level People'sCommittee shall report it to the provincial-levelPeople's Committee and may approve thecompensation plan only after obtaining theprovincial-level People's Committee's approval ofthe land price.

Article 57.- Publicization of compensation,support and resettlement plans

Within three (03) days from the date of receiptof the approved compensation, support andresettlement plan, the organization in charge ofcompensation and ground clearance shall coordinatewith the commnne-level People's Committee inpublicizingand publiclypostingup the planapprovaldecisionat the officeofthe commnne-level People'sCommittee and public meeting places in theresidential areawhereexiststhe landto be recovered;shall send the compensation, support andresettlement decision to the person with land to berecovered, stating the compensation and supportamount, the allocation of a house or land forresettlement (if any), time and place of payment ofcompensation and support money, and the time ofhand-over ofthe recovered land to the organizationin charge of compensation and gronnd clearance,

Article 58.- Payment of compensation andsupport money and resettlement

1. After five days from the date of sending awritten notice on the compensation, support andresettlement plan to the person with land to berecovered, the organization in charge ofcompensation and ground clearance shall paycompensation and support money. Ifa person whois entitled to compensation and support moneywishes to authorize another person to receive themoney on his/her behalf, he/she shall make apaper of authorization as prescribed by law.

2. In case of resettlement, the organization incharge of compensation and ground clearanceshall, before conducting ground clearance, hand


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over a house or residential land and a residentialland use right or house ownership certificate tothe person to be resettled. In case the organizationin charge of compensation and ground clearanceand a person to be resettled reach an agreementon the receipt of a house or residential land afterground clearance, the written agreement signedby the two parties shall be complied with.

3. If a person with land recovered refuses toreceive compensation and support money or ahouse or residential land, the organization incharge of compensation and ground clearanceshall transfer the money into a separate bankaccount and keep the house and land forresettlement in its original conditions as a basisfor subsequent settlement of complaint (if any).

4. Arising issues (ifany) in relation to the priceof the recovered land after the issuance ofdecisions approving the compensation, supportand resettlement plans are handled as follows:

a! Ifthe compensation,support and resettlementwere completed before the effectivedate ofDecreeNo. 197!2004/ND-CP, these issues are not subjectto the application ofDecree No. 197/2004/ND-CPand Decree No. 17/2006/ND-CP;

bl In case of late payment or late receipt ofcompensation and support money, these issuesshall be settled under Clause 2, Article 9 ofDecreeNo. 19'112004/ND-CP and Clause 2, Article 4 ofDecree No. 17/2006/ND-CP;

cl Ifthe approval decisions were issued beforethe effective date of Decree No. 197/2004/NDCP but the payment ofcompensation and supportmoney or the resettlement was not yet made andthen the land price increased higher than theapproved one, the land price shall be adjustedunder Clause 2, Article 9 ofDecree No. 197120041ND-CP and Clause 2, Article 4 ofDecree No. 1712006/ND-CP.

Article 59.- Time of hand-over of recoveredland

Within twenty (20) days from the date theorganization in charge of compensation andground elearancc eomplctely pays thecompensation and support money to the personwith recovered land according to the approvedplan, the person with recovered land shall handover his/her land to the organization.

Article 60.- Enforced recovery of land

I. Recovery of land prescribed in Clause 3,Article 39 ofthe Land Law may be enforced whenall the following conditions are met:

a/ The order and procedures for land recovery,compensation, support and resettlement have beenproperly complied with underArticles 49,50,51,~?, ~\ ~4, ~'i, 'iii, st. 'ill and so of this Decree;

b/ After thirty (30) days from the planned timeof hand-over of land under Clause 59 of thisDecree but the person with land to be recoveredfails to hand over the land to the organization incharge of compensation and ground clearance;

cl After representatives of the organization incharge ofcompensation and ground clearance, thecommune-level People's Couunittee amiFatherland Front Committee of the place whereexists the land to be recovered have persuaded theperson with land to be recovered but the latter stillfails to hand over the recovered land to the State;

d! The enforcement decision issued lawfullyby the People's Committee at a competent levelhas taken effect;

el The person subject to enforcement hasreceivedthe enforcement decision. lfhe/she refusesto receive the enforcement decision, theorganizationin charge ofcompensation and groundclearance shall coordinate with the commune-levelPeople's Committee in posting up the enforcementdecision at the office of the commune-levelPeople's Committee of the place where exists theland to be recovered.

2. After fifteen (15) days from the date ofhandover of the enforcement decision or posting of


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(Cong Bao nos 382-383/June 16, 2007)

the enforcement decision under Point e, Clause IofthisArticle, ifthe person subject to enforcementfails to hand over the land, the district-levelPeople's Committee shall direct and organize aforce to enforce the land recovery in accordancewith law.

Article 61.- Settlement of complaints aboutcompensation, support and resettlement decisionsor decisions on enforcement ofland recovery

Complaints about compensation, support andresettlementdecisions or decisionson enforcementofland recovery shall be settled under Article 138of the Land Law,Article 63 and Article 64 of thisDecree and the complaint settlement provisions ofDecree No. 136/2006/ND-CP.

Article 62.- Separation of the content ofcompensation, support and resettlement into aseparate sub-project and responsibilities fororganizing land recovery, compensation, supportand resettlement with respect to investmentprojects ofministries and branches

I. On the basis of the area of recovered landfor the execution of an investment project, theagency competent to approve the investmentproject may decide to separate the content ofcompensation, support and resettlement into aseparate sub-project for independent execution.

2. Provincial-level People', Committees shalldirect land recovery, compensation, support andresettlement work of investment projects ofministries, ministerial-level agencies,governmentattached agencies, economic groups, corporationsand centrally run business units (referred to asministries and branches in this Article) for whichland is to be recovered by the State.

Ministries and branches with investmentprojects shall coordinate with provincial-levelPeople's Committees and the organization incharge ofcompensation and ground clearance andensure funds for compensation, support andresettlement work according to regulations

Chapter VI

ADDITIONAL PROVISIONS ON THESKnLEMENT OF LAND-RELATED

COMPLAINTS

Article 63.- Order of settlement ofcomplaintsabout administrative decisions and acts ofdistrictIcvel People's Committee presidents

I. Withinninety(90)daysfromthe date a districtlevel People's Committee president issues anadministrative decision or takes an administrativeact related to land administration defined in Article162of'DecreeNo. 181/2004/ND-CP, a person withrelated interestsand obligationswho disagrees withthat administrative decisionor act may file a writtencomplaintwiththedistrict-level People'sCommittee.

2. The district-level People's Committeepresident shall settle complaints within the timelimit prescribed in the Law on Complaints andDenunciations.

Settlement decisions issued by district-levelPeople's Committee presidents must be publiclyannounced and sent to complainants and otherpersons with related interests and obligations.

3. Within forty five (45) days from the date ofreceipt of the settlement decision of the districtlevel People's Committee president, thecomplainant who disagrees with that settlementdecision may file a lawsuit with a People's Courtor lodge a complaint with the provincial-levelPeople's Committee.

For a complaint filed with the provincial-levelPeople's Committee, the provincial-level People'sCommittee president shall settle it within the timelimit prescribed in the Law on Complaints andDenunciations. Complaint settlement decisionsissued by provincial-level People's Committeepresidents are second-time settlement decisions,must be publicly announced and sent tocomplainantsandotherpersonswith relatedinterestsand obligations.


Issue nos01·021June 2007

(Cong Baa nos 382-383/June 16, 2007)OFFICIAL GAZETTE 43

4. Agencies receiving written complaints shallrecord them into the complaint monitoring andsettlement register,

Article 64.- Order ofsettlement ofcomplaintsabout administrative decisions and acts ofprovincial-level People's Committee presidents

1. Within thirty (30) day' from the date aprovincial-level People's Committee presidentissues an administrative decision or takes anadministrative act related to land administrationdefined in Article 162 of Decree No. 181/2004/ND-CP, a person with related interests andobligations who disagreeswith that administrativedecision or act may file a written complaint withthe provincial-level People's Committee.

2. The provincial-level People's Committeepresident shall settle complaints within the timelimit prescribed in the Law on Complaints andDenunciations.

Settlement decisions issued by provincial-levelPeople's Committee presidents must be publiclyannounced and sent to complainants and otherpersons with related interests and obligations,

3. Within forty five (45) days from the date ofreceipt of the settlement decision of theprovincial-level People's Committee president,the complainant who disagrees with thatsettlement decision may file a lawsuit with aPeople's Court.

4. Agencies receiving written complaints shallrecord them into the complaint monitoring andsettlement register.

Article 65.- Settlement of complaints aboutadministrative decisions or acts related to landnot falling into the cases specified in Article 63and Article 64 of this Decree

Complaints about administrative acts takenby cadres ur public employees uf commune,ward or township People's Committees;administrative acts taken by cadres and public

employees of district-level Natural Resourcesand Environment Sections; administrative actstaken by cadres and public employees of theoffices ofPeople's Committees ofrural districts,urban districts, towns or provincial cities;administrative acts taken by cadres and publicemployees of provincial-level Natural Resourcesann Environment Services, administrative actstaken by cadres and public employees of theoffices of People's Committees of provinces orcentrally run cities; admiuistrative decisions

issued by provincial-level Natural Resources andEnvironment Services and administrativedecisions issued or administrative acts taken bydistrict-level or provincial-level People'sCommittee presidents which do not fall into thecases specified in Article 63 and Article 64 ofthis Decree, shall be settled in accordance withthe law on complaints and denunciations.

Chapter VII

IMPLEMENTATION PROVISIONS

Article 66.- Deadline for uniformly conductingland use right transactions with certificates

I. From January 1,2008, only land users whohave certificates may exercise the rights toconvert, transfer, lease, sub-lease or donate landuse rights, mortgage with, or contribute capitalin the form of, land use rights, except for the casestated in Clause 2 of this Article.

2. For land users who submit dossiers ofapplication for certificates in accordance with lawbefore November 1,2007, but are not yet grantedby competent state agencies certificates, if theyhave one of land use right papers specified inClauses 1, 2 and 5, Article 50 of the Land Law,they may still exercise the rights to convert,transfer, lease, sub-lease or donate land use rights,mortgage with, or contribute capital in the formof, land use rights.


44

Article 67.- Implementation effect

OFFICIAL GAZETTE Issue nos 01-02/June 2007

(Cong Bao nos 382-383/June 16, 2007)

I. This Decree takes effect 15 days after itspublication in "CONG BAa."

2. To annul the following provisions:

aI Point e, Clause 1 and Point b, Clause 2 ofArticle 36; Clause 3 of Article 42; Clause 2 ofArticle 48; Clause l , Clause 2, Clause 3 and

Clause 4 of Article 80; Article 81, Article 130,Article 145, Article 163, Article 164, Article 165and Article 184 ofDecree No. 181/2004/ND-CP;

bl Clause 6 and Clause 8 ofArticle 8; Articles41,42,47 and 49, paragraph 2, Clause 2, Article50 of Decree No. 197/2004/ND-CP;

cl References in Article 145 in Clause 3,Article116, at Point b and Point c, Clause I, Article 117ofDecree No. 181/2004/ND-CP, are replaced withrelevant references in Article 19 of this Decree;

d/ Clause 13 and Clause 14 of Article 2,paragraph 1, paragraph 2 and paragraph 3, Clause4, Article 5 of Decree No. 17/2006/ND-CP(Clause 4, Article 15 of Decree No. 198/2004/ND-CP already supplemented under Clause 4,Article 5 of Decree No. 17/2006/ND-CP).

Article 68.- Implementation responsibilities

1.Ministers, heads ofministerial-levelagencies,heads ofgovernment-attached agencies, presidentsof provincial/municipal People's Committees, andheads of concerned agencies shall implement thisDecision.

2. The Ministry of Natural Resources andEnvironment and the Ministry of Finance shallguide the settlement of problems arising in thecourse ofimplementation ofthis Decree accordingto their competence or propose amendments andsupplements to this Decree to the Government.

On behulfofthe GovernmentPrime Minister

NGUYEN TAN DUNG


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