Nghị định 148/2020/NĐ-CP sửa đổi, bổ sung một số Nghị định hướng dẫn Luật Đất đai

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

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Pursuant to the Law on Organization of the Government dated June 19, 2015; the Law dated November 22, 2019 on amending and supplementing a number of articles of the Law on Organization of the Government and the Law on Organization of Local Administration;

Pursuant to the Land Law dated November 29, 2013;

Pursuant to the Law on Bidding dated November 26, 2013;

Pursuant to the Law on Planning dated November 24, 2017;

Pursuant to the Law dated November 20, 2018 amending and supplementing a number of articles of 37 laws related to planning;

Pursuant to the Resolution No. 82/2019/QH14 dated June 14, 2019 of the National Assembly;

Pursuant to the Resolution No. 751/2019/UBTVQH14 dated August 16, 2019 of the Standing Committee of the National Assembly;

At the request of the Minister of Natural Resources and Environment;

The Government promulgates the Decree amending and supplementing a number of decrees detailing the implementation of the Land Law.

Article 1. Amending and supplementing a number of articles of Decree No. 43/2014/ND-CP dated May 15, 2014 detailing a number of articles of the Land Law

1. Point c, Clause 1 of Article 5 is amended and supplemented as follows:

“c) Operation funds of land registration offices shall comply with law provisions applicable to public non-business units.

When a land registration office provides services, the person requesting the services is responsible for the cost of such services. For the registration and issuance of the Certificate of land use rights and ownership of houses and other land-attached assets, the requester is responsible for paying the cost for the appraisal of the application dossiers and the appraisal of the conditions for registration and issuance of the Certificate of land use rights and ownership of houses and other land-attached assets; paying the cost for the remaining procedures at the prices of public services issued by the provincial-level People's Committee.”

2. Clause 3, Article 5 is amended and supplemented as follows:

“3. Land-related services are:

1. Surveying and assessing land; improving land;

b) Elaborating land use master plans and plans;

c) Measuring and making cadastral maps and dossiers, building land databases, registering and making dossiers for grant of certificates of land use rights and ownership of houses and other land-attached assets;

d) Providing consultancy on determination of land prices;

dd) Auctioning land use rights;

e) Paying compensations, providing support and organizing resettlement;

g) Providing information and data on land, information on the market of land use rights, and other land-related information;

h) Receiving dossiers and notifying results of land-related administrative procedures upon the request of time and locations of the service requesters;

i) Other services in accordance with their functions and tasks.”

3. Article 7 is amended and supplemented as follows:

“Article 7. Elaboration and modification of land use master plans and plans

1. The responsibilities to determine the land use demands in the elaboration and modification of national land use master plans and plans at the national level are prescribed as follows:

a) Ministries and sectors shall determine the land use demands in the sectors and fields under their scope of management for every provincial-level administrative unit; provincial-level People's Committees shall determine the land use demands of their localities;

b) Ministries, sectors and provincial-level People's Committees shall send reports on their land use demands to the Ministry of Natural Resources and Environment within 45 days after receiving the latter's written request for registration of land use demands;

c) The Ministry of Natural Resources and Environment shall summarize and balance the land use demands and plan on the allocation of national land use norms to every socio-economic region and provincial-level administrative unit.

2. The responsibilities to determine the land use demands in the elaboration and modification of provincial-level land use master plans and plans are prescribed as follows:

a) Provincial-level departments and sectors shall determine the land use demands for the projects using land subject to the provincial-level land use norms for every district-level administrative unit; district-level People's Committees shall determine the land use demands of their localities;

b) Provincial-level departments, sectors and district-level People's Committees shall send reports on their land use demands to the provincial-level Departments of Natural Resources and Environment within 30 days after receiving the latter's written request for registration of land use demands;

c) The provincial-level Departments of Natural Resources and Environment shall plan on the allocation of land use norms in the national land use plans to every district-level administrative unit; summarize and balance the land use demands and plan on the allocation of provincial-level land use norms to every district-level administrative unit;

d) In case of necessity to change the sizes, locations, and number of projects and works of the same land type without changing land use norms and areas according to use functions in approved provincial-level land use plans, provincial-level People's Committees shall submit such changes to People's Councils of the same level for approval before updating to district-level land use master plans and plans for implementation.

3. District-level land use master plans and plans:

a) The responsibilities for determining the land use demands in the elaboration and modification of district-level land use master plans and plans:

District-level divisions and sections shall determine the land use demands and propose land-related projects on the list of district-level land use norms for every commune-level administrative unit; People's Committees of communes, wards, or townships (hereinafter collectively referred to as commune-level People's Committees) shall determine the land use demands of their localities.

District-level divisions, sections and commune-level People's Committees shall send reports on their land use demands to district-level Natural Resources and Environment Divisions within 30 days after receiving the latter's written requests for registration of land use demands.

The district-level Natural Resources and Environment Divisions shall determine provincial-level land use norms and projects in provincial-level land use plans allocated to districts for every commune-level administrative unit; summarize and balance the land use demands and plan on the allocation of district-level land use norms to every commune-level administrative unit.

b) Land use norms in district-level land use master plans include land use norms by land type and land use norms by functional zone.

Land use norms by type include the land use norms based on land types allocated by provincial-level land use master plans and the land use norms based on land types determined by district- and commune-level localities. Land use norms based on land types determined by district- and commune-level localities include other agricultural land; land for production of building materials and pottery; land for development of district- and commune-level infrastructure facilities; land for communal activities and public entertainment and recreation centers; land for belief activities; land with rivers, streams, canals, springs, and special-use water surface; and other non-agricultural land.

Land use norms by functional zone include zones for cultivation of wet rice; zones for production of perennial industrial trees; protection, special-use, and production forests; industrial parks and clusters; new urban centers, urban - trade - service centers; tourist resorts; rural residential areas, craft villages and non-agricultural production zones;

c) In case of necessity to change the sizes, locations and number of projects and works, or land use demands of households and individuals without changing land use norms by type and functional zones in district-level land use master plans, the district-level Natural Resources and Environment Divisions shall summarize the land use demands of the households and individuals and submit them to the district-level People’s Committees for reporting to the provincial-level Departments of Natural Resources and Environment. The provincial-level Departments of Natural Resources and Environment shall submit them to provincial-level People’s Committees for considering, deciding, and updating such changes to annual district-level land use plans.

In case of addition of projects or works that require land recovery as prescribed in Clause 3, Article 62 of the Land Law, the approval of the People's Councils of provinces and municipalities is required before the provincial-level People's Committees consider, decide, and update such changes to the annual district-level land use plans.

4. In the course of elaborating plans on use of national defense or security land, the Ministry of National Defense or the Ministry of Public Security shall coordinate with provincial-level People's Committees in determining locations and areas of land used for national defense and security purpose, and locations and areas of national defense and security land to be managed by the local authorities.

5. The Ministry of Natural Resources and Environment shall provide technical regulations for elaboration and modification of national land use plans, elaboration and modification of provincial-level land use plans; elaboration and modification of district-level land use master plans and plans.”

4. Article 8 is amended and supplemented as follows:

“Article 8. Consultation on district-level land use master plans

1. A dossier for consultation on district-level land use master plan shall comprise:

a) A brief report on the land use master plan, covering land use norms, locations and areas of land expected to be recovered or changed in land use purposes in the period of land use planning;

b) A land use planning map.

2. Reports on summarization, assimilation, and explanation of public opinions on land use master plans shall be publicized on websites of district-level People's Committees.”

5. Article 9 is amended and supplemented as follows:

“Article 9. Order of and procedures for appraisal and approval of provincial-level land use plans; district-level land use master plans and plans; national defense land use plans; security land use plans

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

a) A provincial-level People's Committee shall send the dossier of a land use plan to the Ministry of Natural Resources and Environment for appraisal;

b) Within no more than 05 days after receiving a complete and valid dossier of a land use plan, the Ministry of Natural Resources and Environment shall send such dossier to members of the Council for Appraisal of Land Use Plans for opinion; In cases where the dossier is incomplete or invalid, within no more than 05 days after receiving the dossier, the Ministry of Natural Resources and Environment shall send a written notice to the sender;

c) In case of necessity, within no more than 10 days after receiving a complete and valid dossier, the Council for Appraisal of Land Use Plans shall conduct the site inspections and surveys in areas in which land use purposes are expected to change, especially areas in which the use purpose of rice cultivation, protection forest or special-use forest land is expected to change;

d) Within no more than 15 days after receiving a valid dossier, members of the Council for Appraisal of Land Use Plans shall send their written opinions to the Ministry of Natural Resources and Environment;

dd) Within no more than 10 days after the time limit for collection of opinions expires, the Ministry of Natural Resources and Environment shall organize a meeting of the Council for Appraisal of Land Use Plans and send a notice about results of appraisal of the land use plan to the provincial-level People's Committee;

e) Within no more than 15 days after receiving a notice about results of appraisal of the land use plan, the provincial-level People's Committee shall complete the dossier of the land use plan and submit it to the Ministry of Natural Resources and Environment for submission to the Prime Minister for approval;

g) Within no more than 10 days after receiving a complete and valid dossier, the Ministry of Natural Resources and Environment shall submit the provincial-level land use plan to the Prime Minister for approval. In cases where the provincial-level land use plan is rejected, within no more than 05 days after receiving the dossier, the Ministry of Natural Resources and Environment shall send a written notice to the provincial-level People's Committee.

2. Contents of appraisal of the provincial-level land use plan:

a) Conformity of the land use plan with the national land use master plan and plans, and the provincial-level master plan;

b) Conformity of the land use plan with the socio-economic development plan: Ensuring national food security, protecting ecological environment, ensuring national defense and security; ability to meet the land use demands for the development of sectors and fields;

c) Results of implementation of the land use plan of the previous period; economic, social and environmental efficiency of implemented works and projects in the land use plan of the previous period;

d) Feasibility of the land use plan: Suitability of the solutions to the actual local situation; resources and ability to raise capital to implement the plan.

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

a) A district-level People's Committee shall send the dossier of a land use master plan to the provincial-level Natural Resources and Environment Department for appraisal;

b) Within no more than 05 days after receiving a complete and valid dossier of a land use master plan, the provincial-level Natural Resources and Environment Department shall send such dossier to members of the Council for Appraisal of Land Use Master Plans for opinion. In case the dossier is invalid, within no more than 05 days after receiving such dossier, the provincial-level Natural Resources and Environment Department send a written notice to the sender;

c) In case of necessity, within no more than 10 days after receiving a complete and valid dossier, the Council for Appraisal of Land Use Master Plans shall conduct the site inspections and surveys in areas where land use purposes are expected to change, especially areas where the use purpose of rice cultivation, protection forest or special-use forest land is expected to change;

d) Within no more than 15 days after receiving a valid dossier, members of the Council for Appraisal of Land Use Master Plans shall send their written opinions to the provincial-level Natural Resources and Environment Department;

dd) Within no more than 10 days after the time limit for collection of opinions expires, the provincial-level Natural Resources and Environment Department shall organize a meeting of the Council for Appraisal of Land Use Master Plans and send a notice about results of appraisal of the land use master plan to the district-level People's Committee;

e) The district-level People's Committee shall complete the dossier of the land use master plan; submit it to the district-level People's Council for approval; and then send it to the provincial-level Natural Resources and Environment Department for approval;

g) Within no more than 10 days after receiving a complete and valid dossier, the provincial-level Natural Resources and Environment Department shall submit the district-level land use master plan to the provincial-level People's Committee for approval; in cases where the dossier is invalid, within no more than 05 days after receiving the dossier, the dossier receiver shall send a written notice to the sender.

4.       The order of, procedures for, and contents of appraisal and approval of modifications of provincial-level land use plans shall comply with Clauses 1 and 2 of this Article; the order of and procedures for appraisal and approval of modifications of district-level land use master plans shall comply with Clause 3 of this Article.

5. Modifications of provincial-level land use plans shall only be made when there is one of the grounds specified in Clause 1, Article 6 of the Law amending and supplementing a number of articles of 37 laws related to planning, and must ensure the following principles:

a) Do not change the national land use norms allocated to the provincial level;

b) Do not change the purpose and structure of land types according to the functions in land allocation and zoning plans of the approved provincial-level master plan.

6. Order of and procedures for appraisal and approval of annual district-level land use plans:

a) In the third quarter of every year, a district-level People's Committee shall send the dossier of an annual land use plan of the subsequent year to the provincial-level Natural Resources and Environment Department for appraisal;

b) Within no more than 05 days after receiving a complete and valid dossier of an annual district-level land use plan, the provincial-level Natural Resources and Environment Department shall send such dossier to members of the Council for Appraisal of Land Use Plans for opinion; in cases where the dossier is invalid, within no more than 05 days after receiving the dossier, the provincial-level Natural Resources and Environment Department shall send a written notice to the district-level People's Committee;

c) Within no more than 15 days after receiving a valid dossier, members of the Council for Appraisal of Land Use Plans shall send their written opinions to the provincial-level Natural Resources and Environment Department;

d) Within no more than 05 days after the time limit for collection of opinions expires, the provincial-level Natural Resources and Environment Department shall organize a meeting of the Council for Appraisal of Land Use Plans and send a notice about results of appraisal of the land use plan to the district-level People's Committee for completion of the dossier;

dd) The provincial-level Natural Resources and Environment Department shall draw up a list of projects which need land recovery under Clause 3, Article 62 of the Land Law and report it to the provincial-level People's Committee for submission to the provincial-level People's Council for approval together with decision on allocation of the state budget for the payment of compensations for ground clearance at the year-end meeting of the provincial-level People's Council;

e) Based on the complete dossier of the annual district-level land use plan and the resolution of the provincial-level People's Council, the provincial-level Natural Resources and Environment Department shall submit the plan to the provincial-level People's Committee for approval before December 31.

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

a) The Ministry of National Defense or the Ministry of Public Security shall send the dossier of a land use plan to the Ministry of Natural Resources and Environment for opinion of appraisal;

b) Within no more than 05 days after receiving a complete and valid dossier, the Ministry of Natural Resources and Environment shall send such dossier to members of the Council for Appraisal of Land Use Plans for opinion; in cases where the dossier is invalid, within no more than 05 days after receiving the dossier, the dossier receiver shall send a written notice to the sender.

c) Within no more than 15 days after receiving the dossier, members of the Council for Appraisal of Land Use Plans shall send their written opinions to the Ministry of Natural Resources and Environment;

Within no more than 05 days after the time limit for collection of opinions expires, the Ministry of Natural Resources and Environment shall summarize the opinions and send a written notice about the results of appraisal of the land use land to the Ministry of National Defense or the Ministry of Public Security for completion of the dossier;

d) In case of necessity, the Ministry of Natural Resources and Environment Department shall organize a meeting of the Council for Appraisal of Land Use Master Plans and Plans and send a notice about results of appraisal of the land use plan to the Ministry of National Defense or the Ministry of Public Security;

dd) Within no more than 15 days after receiving a notice about results of appraisal of the land use plan, the Ministry of National Defense or the Ministry of Public Security shall complete the dossier of the land use plan and submit it to the Prime Minister for approval of the national defense or security land use plan.”

6. Article 9a is added as follows:

“Article 9a. The responsibilities to organize the elaboration of plans for allocation and zoning of land by functional zone and by land type for every district-level administrative unit in the provincial-level master plan

1. The agencies assigned to elaborate the provincial-level master plan shall send the following documents and results to the provincial-level Natural Resources and Environment Department for the elaboration of plans for allocation and zoning of land by functional zone and by land type for every district-level administrative unit in the provincial-level master plan (hereinafter collectively referred to as land allocation and zoning plans in the provincial level):

a) An approved provincial-level planning task dossier;

b) A report on results of collection and processing of documents and statistics; land use demands of all sectors, fields and the district level;

c) Results of analysis, assessment and prediction of specific development factors and conditions of the locality;

d) Results of assessment of the current socio-economic development, the current state of the urban and rural system;

dd) Orientations on development visions and goals of the province; development orientations of important sectors in the province;

e) Plans for spatial arrangement of important projects, works and conservation zones identified in the national or regional master plans in the province; draft plans to connect the provincial infrastructure system with the national and regional infrastructure system; draft plans for spatial organization of socio-economic activities, national defense, security, and environmental protection at the provincial and inter-district level.

2. The provincial-level Natural Resources and Environment Departments shall organize the elaboration of the provincial-level land allocation and zoning plans:

a) Summarizing, analyzing and assessing land use demands of all sectors, fields and district-level People's Committees;

b) Analyzing and assessing current land use; results of implementation of land use master plans and plans in the previous period, and land potentials;

c) Developing provincial-level land use orientations with a 30-year vision;

d) Developing provincial-level land allocation and zoning plans.

Determining land use norms by land type, including land use norms allocated in the national land use plan and land use norms in accordance with provincial-level land use demands as prescribed in the Government's Decree detailing the implementation of a number of articles of the Law on Planning.

Determining land use norms by functional zone, including agricultural production zones, forestry zones, tourist resorts, nature and biodiversity reserves, industrial development zones, urban centers, commercial and zones, rural residential areas.

Determining land use norms for every district administrative unit.

Determining areas of land types to be recovered for the construction of works and projects using land for the purposes specified in Articles 61 and 62 of the Land Law in the planning period for every district-level administrative unit.

Determining areas of land types with land use purposes to be changed in the planning period as specified at Points a, b, c, d and e, Clause 1, Article 57 of the Land Law for every district-level administrative unit.

Determining areas of ​​unused land to be put to use in the planning period for every district-level administrative unit.

Making maps for provincial-level land use master plans.

3. Funding for the provincial-level Natural Resources and Environment Departments to organize the elaboration and consultation of the provincial-level land allocation and zoning plans shall be included in the provincial-level planning budget.”

7. Article 9b is added as follows:

“Article 9b. Consultation of the provincial-level land allocation and zoning plans before integrating them into the provincial-level master plan

1. A provincial-level People's Committees shall send a dossier of provincial-level land allocation and zoning plans to the Ministry of Natural Resources and Environment for opinion before integrating them into provincial-level master plan.

2. Within no more than 30 days after receiving a complete and valid dossier, the Ministry of Natural Resources and Environment shall send their written opinions on the provincial-level land allocation and zoning plans to the provincial-level People's Committee.

In case of necessity, the Ministry of Natural Resources and Environment shall send a written request to experts, scientists, and relevant ministries and sectors for opinions on the provincial-level land allocation and zoning plans.

3. Contents of written opinions on the provincial-level land allocation and zoning plans from the Ministry of Natural Resources and Environment shall cover:

a) Legal basis for the elaboration of the provincial-level land allocation and zoning plans;

b) Conformity of the provincial-level land allocation and zoning plans with the approved planning task;

c) Conformity of the provincial-level land allocation and zoning plans with the socio-economic development strategies, national, regional or provincial master plans;

d) Compliance with the national land use norms allocated by the Prime Minister in the province;

dd) Ability to meet the land use demands serving the development of sectors and fields in the province.”

8. Article 10 is amended and supplemented as follows:

“Article 10. Conditions for organizations providing consultancy on the elaboration of national land use plans, provincial-level land use plans, and district-level land use master plans and plans

1.       A public non-business unit or an enterprise may provide consultancy on the elaboration of national land use plans, provincial-level land use plans, and district-level land use master plans and plans when fully meeting the following conditions:

a) Having the function of providing consultancy on the elaboration of land use master plans and plans;

b) Having at least 05 qualified persons meeting the conditions prescribed in Clause 2 of this Article.

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

a) Possessing a university or postgraduate degree in land administration, cadastral or other professional fields related to land use planning;

b) Having worked in the field of land use planning and other specialized planning related to land for at least 24 months and directly participated in the elaboration of at least 01 land use master plan or plan at the same level.”

9. Article 11 is amended and supplemented as follows:

“Article 11. Implementation of land use master plans and plans

1. Ministries, sectors, provincial- and district-level People's Committees shall review and revise master plans and plans of land-using sectors, fields and localities to ensure their conformity with land use master plans and plans decided or approved by competent State agencies.

2. Provincial-level People's Committees shall direct and inspect district- and commune-level People's Committees in specifically determining the actual areas and boundaries of rice cultivation, special-use forest, and protection forest land.

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

3. The Ministry of Natural Resources and Environment shall inspect the realization of land use norms in national and provincial-level land use master plans and plans, and supervising localities, ministries, and sectors in implementing land use master plans and plans.

4. In cases where some land use norms in land use master plans and plans, by the end of a land use planning period, remain unrealized, they may continue to be realized until land use master plans of the subsequent period are approved.

In cases where the provincial-level master plans are not approved, the district-level land use master plans shall be elaborated at the same time as the provincial-level land use master plans. If the district-level land use master plans shall be elaborated and appraised first, they shall be submitted to the provincial- People's Committee for approval first. After the provincial-level land use master plans are approved, if the district-level land use master plans breach the provincial-level land use master plans, they must be modified in according the provincial-level ones.

In cases where the provincial-level land use plans are not approved, the district-level People's Committees shall base on the approved district-level land use master plans to elaborate the annual land use plans and submit them to the provincial-level People's Committees for approval, then integrate them into the provincial-level land use plans to ensure consistency and synchronization.

5. Settlement of land use when projects have their investment policies revoked as prescribed at Point i, Clause 2, Article 2 of the National Assembly's Resolution No. 82/2019/QH14 dated June 14, 2019, without decisions on land allocation, land lease, or change of land use purpose:

a) When the investment policies of projects subject to land recovery by the State as prescribed in Articles 61 and 62 of the Land Law are revoked, if there already have been written notices of land recovery, decisions on land recovery or decisions approving plans for paying compensations, providing support and organizing resettlement, and the compensations and supports for resettlement have been paid, the Land Fund Development Organizations shall be assigned to manage the recovered land areas in accordance with law provisions. In cases part of the compensations or supports for resettlement has been paid, the Land Fund Development Organizations or the Compensation and Resettlement Support Councils shall be assigned to continue paying the rest according to the approved plans for paying compensations, providing support, and organizing resettlement in accordance with law provisions. The State shall refund to the investors the advance amount for compensations, and resettlement supports (if any) when it chooses other investors.

In cases where there already have been decisions on land recovery or decisions approving plans for paying compensations, providing support and organizing resettlement but the compensations or resettlement supports have not been paid yet, the Land Fund Development Organizations or the Compensation and Resettlement Support Councils shall be assigned to continue implementing the approved plans for paying compensations, providing support, and organizing resettlement in accordance with law provisions.

In cases where there already have been written notices of land recovery, but the decisions on land recovery or decisions approving plans for paying compensations, providing support and organizing resettlement have not been issued yet, the written notices of land recovery and names of the projects in the approved annual district-level land use plans shall expire since the investment policies are revoked;

b) When investment policies for projects receiving transfer of and using such agricultural land use rights for non-agricultural projects but the investors have not yet received the transfer of land use rights in accordance with law provisions, the written permits for the investors to receive the transfer of land use rights shall expire since the investment policies are revoked.

6. Provincial-level People's Committees shall base on current land use conditions and local socio-economic conditions to direct the implementation of the approved land use master plans and plans, review the use of land at the locations of projects with their investment policies revoked as prescribed in Clause 5 of this Article.”

10. Clause 1, Article 14 is amended and supplemented as follows:

“1. For investment projects using land for non-commercial purposes, the conditions specified in Clause 3, Article 58 of the Land Law shall not be applied.”

11. Article 14a is added as follows:

“Article 14a. Land allocation or lease, for small and fragmented land parcels managed by the State

1. Small and fragmented land parcels managed by the State and allocated or leased in accordance with the provisions of this Article must satisfy the following criteria:

a) Belonging to the land fund recovered under a decision of a competent State agency, unallocated or unleased land, or land currently under management as prescribed at Point d, Clause 1 and Clause 2, Article 8 of the Land Law;

b) Having an area or shape that does not meet the standards on minimum area and size for parcel division as prescribed by the provincial-level People's Committee;

c) Conforming with the land use master plans and plans, or detailed urban construction master plans, rural residential area construction master plans, new-style rural commune construction master plans approved by competent agencies;

d) Not belonging to the area of ​​land for the projects and works identified in the land use master plans and plans approved and publicly announced by competent agencies;

dd) The land expected to be allocated or leased must be free from disputes, complaints, violations, or there are disputes, complaints or violations, but written settlements have been made in accordance with law provisions.

2. Principles of land allocation and lease:

a) Prioritizing the use of small and fragmented land parcels managed by the State for public purposes. In cases where the parcels cannot be used for public purposes, the land parcels shall be allocated in line with collecting land use levies or leased to the adjacent land users;

b) Allocating or leasing land through auction of land use rights in cases where two or more adjacent land users wish to use the small and fragmented land parcels; allocating or leasing land not through auction of land use rights in cases where only one person wish to use the land;

c) The land allocation or lease to the adjacent land users shall be carried out after the People's Committees at all levels have reviewed, publicly announced and consulted people in the places where the land parcels are located;

d) The allocation or lease of land for small and fragmented land parcels shall be based on the written requests for land allocation or land lease by the adjacent users and must be made openly, transparently and democratically;

dd) After being allocated or leased land by the State, the adjacent land users shall carry out the procedures for land consolidation in accordance with law provisions;

e) Ensuring limited use rights to the adjacent land parcels in accordance with land laws on and civil laws, avoiding land disputes or claims.

3. Land use term for small and fragmented land parcels allocated or leased to adjacent land users by the State shall be determined consistent with the use term of the land parcels currently being used by the adjacent land users. In cases where the small and fragmented land parcels are allocated or leased in association with changing the use purposes of the land parcels adjacent to them, the land use term shall be determined in accordance with the provisions of Articles 125 and 126 of the Land Law.

4. Land prices used for calculating the land use levies or land rentals for land allocated or leased by the State without auction of land use rights; starting prices for the auction of land use rights upon land allocation or land lease are the specific land prices decided by the provincial-level People's Committees in accordance with the provisions of Article 114 of the Land Law and documents detailing its implementation.

5. Provincial-level People's Committees shall detail the revision and public announcement of the list of small and fragmented land parcels directly managed by the State, the consultation with people, and the public announcement of allocation or lease of small and fragmented land parcels for public use or to adjacent land users.”

12. Article 14b is added as follows:

“Article 14b. Land allocation or lease in case of exemption from land use levies or land rentals

In cases where investment projects in the fields or localities eligible for investment incentives are exempted from land use levies or land rentals for a number of years, or for the entire land use term, the competent agencies shall allocate or lease the land not through auction of land use rights or not through land-using project bidding, except for the following cases:

1. Being exempted from land use levies and land rentals only during the basic construction of the projects.

2. Using land for commercial or service purposes.

3. Using land to carry out commercial housing construction investment projects.”

13. Article 16 is amended and supplemented as follows:

“Article 16. Use of land for investment projects through purchase of land-attached assets, receipt of transferred or leased land use rights or receipt of land use rights contributed as capital

The use of land for investment projects through purchase of land-attached assets, receipt of transferred or leased land use rights or receipt of land use rights contributed as capital must adhere to the following principles:

1. It is conformable with approved and publicized district-level annual land use plans.

2. Localities no longer have ground-cleared areas to use for proper investment projects, except for projects in the sectors or areas eligible for investment incentives.

3. In cases where an economic organization receive land use rights transferred or contributed as capital or rent land use rights of agricultural land for non-agricultural projects, it must send a written request to the provincial-level Natural Resources and Environment Department using Form No. 01 issued together with this Decree. Within no more than 15 days since the written request is received, the provincial-level Natural Resources and Environment Department is shall submit it to the provincial-level People's Committee. Within no more than 10 days after receiving the dossier submitted by the provincial-level Natural Resources and Environment Department, the provincial-level People's Committee shall consider and issue a written approval or reply to the economic organization on the receipt of land use rights transferred or contributed as capital, or the land use right lease.

The written approval of the provincial-level People's Committee specified in this Clause shall be valid for 36 months since the date it is signed.

4. In cases where the areas for investment projects are part of the land of which the current land users are not entitled to transfer, lease or contribute the land use rights as capital as prescribed in the land laws, but they have assets attached such areas, the investors may reach agreement to purchase land-attached assets from the current land users while the State shall recover and allocate or lease the land to investors not through auction of land use rights land-using project bidding, change the land use purpose to implement investment projects, and determine specific land prices for calculation of land use levies or land rentals in accordance with law provisions. The asset purchase and sale contracts must clearly state that the sellers of the assets voluntarily allow the State to recover and allocate the land and to the asset purchasers who lease the land.

5. In cases where the areas for investment projects are part of the land allocated for management by the State as prescribed in Article 8 of the Land Law, the agricultural land used for public purposes, the land of which the current users have no right to transfer, lease, or contribute the land use rights as capital as prescribed by the land laws, and have no asset attached to the land, but such areas locate alternately with the areas of which the land use rights has been transferred, leased or contributed as capital, it shall be handled in accordance with the following provisions:

a) In cases where the areas are eligible for splitting into independent projects, the People's Committees at the competent levels shall decide on land recovery for land allocation or land lease for implementation of such independent projects via auction of land use rights in accordance with law provisions. The auction of land use rights shall be conducted no later than 90 days since the State issues the decisions on land recovery;

b) In cases where the areas are ineligible for splitting into independent projects, the provincial-level People's Committees shall base on current land use and local socio-economic conditions to review and specifically determine the scale of the projects, the investment locations, and decide on land recovery for land allocation or land lease for implementation of the investment project not through auction of land use rights or land-using project bidding, and determine specific land prices for calculation of land use levies or land rentals in accordance with law provisions;

c) Land recovery, paying compensations, providing support and organizing resettlement specified at Points a and b of this Clause shall comply with regulations as in the cases of land recovery to use for socio-economic development purposes for national and the public interests;

d) Provincial-level People's Committees shall specify the conditions, criteria, scales, and ratios for splitting the land areas into independent projects as specified at Points a and b of this Clause.

6. In cases where the land is used for investment projects through purchase of land-attached assets, receipt of transferred land use rights, or lease of land use rights, receipt of land use rights contributed as capital with different land use terms, the land use terms shall be re-determined according to the term of the investment projects as specified in Clause 3, Article 126 of the Land Law; in cases not subject to investment procedures in accordance with the law provisions on investment, the land use terms shall be decided by the People's Committees at competent levels for land allocation or lease, but must not exceed 50 years. In cases where the land use rights are transferred for long and stable use, the land use terms shall be re-determined as long and stable.

7. In cases where the land is used for investment projects through purchase of land-attached assets, receipt of transferred land use rights, or lease of land use rights, receipt of land use rights contributed as capital shall only apply to the cases prescribed in Article 73 of the Land Law.”

14. Point a, Clause 1, Article 31 is amended and supplemented as follows:

“a) House construction permit or temporary house construction permit, in cases where construction permit is required in accordance with the construction laws.

In cases where a house was built in contravention of the granted construction permit, written opinions of the construction licensing agency, certifying that the improperly built area does not affect the safety of the house and is now compliant with the approved construction master plan, are required;”

15. Point a, Clause 1, Article 32 is amended and supplemented as follows:

“a) Facility construction permit or temporary facility construction permit, in cases where construction permit is required in accordance with the construction laws.

For facilities which were built in contravention of the granted construction permits, written opinions of the construction licensing agency, certifying that the improperly built area does not affect the safety of the facilities and is now compliant with the approved construction master plan, are required;”

16. Clause 4, Article 35 is amended and supplemented as follows:

“4. Houses or facilities which are built after a construction ban is announced; which encroach or occupy the protection corridors of technical infrastructure facilities or ranked historical-cultural relics; land-attached assets which are formed after the master plan is approved by a competent State agency but such assets are in contravention with the master plan approved at the time of grant of certificates of land use rights and ownership houses and other land-attached assets, unless the owner of a house, or a facility which are not a house, as prescribed in Articles 31 and 32 of this Decree has a temporary construction permit in accordance with the construction laws. ”

17. Article 41 is amended and supplemented as follows

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

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

a) Project investors shall complete the construction of infrastructure facilities including service, technical and social infrastructure facilities under the approved 1:500 detailed master plans; ensuring the connection with the common infrastructure systems of the areas before transferring land use rights to people for building houses; and ensuring the provision of essential services of electricity and water supply, water drainage and garbage collection;

b) Projects investors shall fulfill all financial obligations related to the projects' land, such as land use levies and land rentals; and land-related taxes, charges and fees (if any);

c) The projects are implemented in areas or urban centers of the types eligible for transfer of land use rights in the form of dividing land parcels for sale as prescribed in Clause 2 of this Article;

d) Other conditions as prescribed by law provisions on urban planning, construction, urban development, real estate, and housing.

2. Investors of projects on construction of houses for sale or for combined sale and lease may transfer land use rights in the form of dividing land parcels for sale in the areas outside the inner districts of special urban centers or Level-I municipalities; areas with strict requirements on landscape architecture, in central areas, and around buildings that are prominent architectural highlights of urban centers; the frontages of regional- or higher-level roads and main landscape roads in urban centers.

3. Provincial-level People's Committees shall publicize the areas eligible for investment projects on construction of houses for sale or for combined sale and lease to transfer land use rights in the form of dividing land parcels for sale before implementing investment projects.

4. Households and individuals that receive land use rights for building houses shall build houses strictly according to the construction permits as well as the approved detailed master plans and urban designs.”

18. Article 55 is amended and supplemented as follows:

“Article 55. Land for civil airports and airfields

1. Based on approved master plans on airports and airfields, the Ministry of Transport shall assume the prime responsibility for, and coordinate with the Ministry of Natural Resources and Environment and the Ministry of National Defense in, determining the boundaries of land areas exclusively used for civil activities and land areas commonly used for civil and military activities under military or civil management.

2. With regard to investment projects on construction of new civil airports and airfields in the form of public-private partnership (PPP), competent agencies shall allocate or lease land after such projects obtain the Prime Minister's written approval of investment policies.

3. With regard to land areas in use but not yet granted a certificate, airport authorities shall review, measure, declare and complete the procedures to request provincial-level People's Committees to issue a certificate in accordance with law provisions. With regard to land areas no longer need to use, such land areas shall be re-allocated to the provincial-level People's Committees in accordance with law provisions.

4. With regard to civil airports and airfields that provincial-level People's Committees have allocated land to airport authorities, the airport authorities shall allocate land, lease land, and determine the land use term in accordance with the following provisions:

a) Land used for the purposes specified at Points a and b, Clause 1, Article 156 of the Land Law shall be allocated without collection of land use levies for a long and stable use term;

b) Land used for the purposes specified at Points c and d, Clause 1, Article 156 of the Land Law shall be leased for a specific term on the basis of investment projects or applications for land lease, but not exceeding the term specified in Clause 3, Article 126 of the Land Law. Upon the expiration of the land lease term, the current users may be considered for extension of the land lease term if they wish to continue using land.

With regard to investment projects on construction of new airports and airfields or new works at airports and airfields in the form of public-private partnership (PPP), the land lease term shall be determined according to the investment project contract term, but not exceeding the term specified in Clause 3, Article 126 of the Land Law.

With regard to land areas that have existing works exploited and used in a stable manner and in accordance with airport and airfield master plans approved by competent agencies, the airport authorities shall lease the land according to the application for land lease, but not exceeding the term specified in Clause 3, Article 126 of the Land Law.

With regard to land areas that have existing works exploited and used in a stable manner but no longer in accordance with airport and airfield master plans approved by competent agencies, the airport authorities shall lease the land according to the application for land lease, the land lease term shall be each year until the State recovers the land in accordance with law provisions.

c) With regard to the use of land with existing works constructed before the airport authorities are allocated land or recognized land use rights, the airport authorities shall allocate or lease land after being granted a certificate. The time for calculating and collecting land rentals shall be the time when the airport authorities decide to lease the land.

Land users shall pay arrear amounts corresponding to the annual payable land rentals, calculated from the time of starting the land use to the time when the airport authorities decide to lease the land in accordance with law provisions. The Ministry of Finance shall assume the prime responsibility for, and coordinate with the Ministry of Transport in, guiding the collection of arrear amounts corresponding to the payable land rentals specified at this Point.

The Ministry of Transport shall coordinate with provincial-level People's Committees in determining the time of starting the land use as a basis for determining financial obligations in accordance with law provisions.

d) With regard to land used for new construction or expansion of works, the time for calculating land rentals shall be the time when the airport authorities decide to lease the land.

5. Provincial-level People’s Committees shall decide on rental rates for land in airports and airfields in accordance with the land law.

6. With regard to land areas allocated by provincial-level People’s Committees, airport authorities shall:

a) Manage and use land in a proper and effective manner;

b) Examine the use of land and the fulfillment of land-related financial obligations by organizations and individuals that are allocated or leased land by the airport authorities;

c) Decide on land recovery for those allocated land by the airport authorities that fall in the cases specified at Points a, b, e, g and i, Clause 1, Article 64, and Points a, b, c and d, Clause 1, Article 65, of the Land Law. Decide on termination of land lease contracts with those breaching the contracts.

7. Inspection and settlement of complaints, denunciations and disputes related to land of airports and airfields must comply with the laws on complaints, denunciations and land.”

19. Article 60 is amended and supplemented as follows:

“Article 60. Dossier submission and notification of results of implementation of land-related administrative procedures

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

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

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

2. Agencies receiving dossiers and notifying results of settling procedures for registration of land and other land-attached assets; granting, renewing and re-granting certificates are land registration offices or branches of land registration offices.

Based on specific local conditions, provincial-level People's Committees shall promulgate regulations on receipt, rotation of dossiers, settlement and notification of results of settling procedures for registration of land and other land-attached assets; granting, renewing and re-granting certificates, ensuring the time limit as prescribed by law provisions, and publicizing administrative procedures and selection of location for dossier submission at the local land registration office or one of the local land registration office’s branches at provincial-level localities according to the needs of land users or owners of land-attached assets.

In cases where land registration offices or branches of land registration offices receive dossiers and notify results of settling procedures for registration of land and other land-attached assets; granting, renewing and re-granting certificates according to the needs of land users or owners of land-attached assets, the time and place of receiving dossiers and notifying results of procedure settlement shall comply with the Agreement between the persons in need and the land registration offices or branches of the land registration offices, but not exceeding the time limit for carrying out the procedures prescribed by provincial-level People's Committees.

With regard to localities where land registration offices have not been established, provincial-level land use rights registration offices shall receive dossiers from organizations, religious institutions and overseas Vietnamese implementing investment projects, foreign organizations and individuals and foreign-invested enterprises; district-level land use rights registration offices shall receive dossiers from households, individuals, communities and overseas Vietnamese entitled to own houses associated with residential land use rights in Vietnam.

With regard to households, individuals or communities wishing to submit dossiers to commune-level People’s Committees, commune-level People’s Committees of localities where the land is located shall receive dossiers and notify results. In cases of registration of changes in land and land-attached assets; and grant and re-grant of certificates, within a period of 03 days after receiving a complete dossier, a commune-level People’s Committee shall forward such dossier to the land registration office or a branch of the land registration office.

3. Localities that have organized the single-window section for receiving dossiers and notifying results of handling administrative procedures according to the Government’s regulations, the agencies specified in Clauses 1 and 2 of this Article shall receive dossiers and notify results through the one single-window section under decisions of provincial-level People’s Committees, except for the cases of receiving dossiers and notifying results of settling procedures for registration of land and other land-attached assets; granting, renewing and re-granting certificates at locations outside the head office of land registration offices or branches of land registration offices according to the needs of land users or owners of land-attached assets.

4. Hi-tech zone and economic zone management boards; and airport authorities are focal points for receiving dossiers and notifying results of implementation of land-related administrative procedures in hi-tech zones, economic zones, civil airports and airfields.

5. Results of settlement of administrative procedures shall be notified as follows:

a) Results of settlement of administrative procedures shall be notified to land users and owners of land-attached assets within a period of 03 days after those results are available, except for the cases prescribed at Point b of this Clause;

b) In cases where financial obligations related to administrative procedures shall be fulfilled, certificates of land use rights and ownership of houses and land-attached assets shall be handed over after land users and owners of land-attached assets submit documents on fulfillment of financial obligations under regulations. In cases of land lease with annual rental payment, results shall be notified after land users have signed land lease contracts. In cases of exemption from financial obligations related to administrative procedures, results shall be notified after receipt of a competent agency’s written certification of such exemption;

c) In cases where a dossier is ineligible for settlement, the dossier-receiving agency shall return it and clearly notify the reason for its ineligibility.

6. Based on specific conditions for land information technology technical infrastructure and land database under management, the agencies receiving dossiers and notifying results of settlement of administrative procedures on land specified in this Article shall be responsible for organizing the receipt of dossiers and notification of results of handling administrative procedures in the electronic environment according to the Government’s regulations.”

20. Point b, Clause 1, Article 68 is amended and supplemented as follows:

“b) Within a period of 15 days after receiving a complete and valid dossier, the natural resources and environment agency shall send an appraisal document to the investor for compilation of a dossier of request for land allocation, land rent or change of land use purpose.

The time limit prescribed at this Point excludes the time for implementation of procedures for permission for change of use purpose of land for rice cultivation, land for protection forest or land for special-use forests for implementation of investment projects prescribed in Clause 2 of this Article;”

21. Point d, Clause 5, Article 68 is amended and supplemented as follows:

“d) After the auction winner fulfills financial obligations, the natural resources and environment agency shall propose a competent agency to grant a certificate and sign a land lease contract, in cases of land lease; organize the handover of land in the field and deliver the certificate; and direct the updating and modification of the land database and cadastral records.

In cases where the auction winner fails to pay or to fully pay money according to the land use right auction plan, the competent People's Committee shall cancel the decision recognizing the winning result of the land use right auction as prescribed by law provisions.”

22. Article 72 is amended and supplemented as follows:

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

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

 a) Certificate or decision on land allocation or land lease issued by a competent agency; documents proving the project investor’s fulfillment of financial obligations. In cases of changes in financial obligations, documents proving the fulfillment of financial obligations for such changes shall be submitted (except for the cases entitled to exemption or owing as prescribed by law provisions);

b) Plans of built houses and land which are as-built drawings of the ground or design drawings of the ground with sizes of edges of each sold apartment in conformity with the current construction status and signed contract; construction permit (if any); notification of a construction-specialized agency permitting the investor to pre-accept the work or accept the result of the pre-acceptance and put the completed work into use as prescribed by the construction law; list of apartments and construction facilities for sale (with information on apartment number, land area, construction area and common use area and area of each apartment); for an apartment building, the plan must show the scope (size and area) of the land for common use of apartment owners, construction ground of the apartment building and grounds of each floor and each apartment;

c) Reports on project implementation results.

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

After completing the examination, the provincial-level Natural Resources and Environment Department shall send to the project investor a notice of examination results; send the notice together with the plan of examined houses and land to the land registration office for implementing procedures for registration of houses and land for buyers, for cases eligible as prescribed by law provisions; publish the examination results on the website of the provincial-level People's Committees and the Natural Resources and Environment Department of the locality where such land areas are located.

3. The housing project investor shall submit 01 set of dossiers for registration and grant of a certificate of land use rights and ownership of houses and other land-attached assets on behalf of the acquirer of land use rights and buyers of houses and construction facilities or provide dossiers for buyers to make registration themselves. A dossier must comprise:

a) Written request for registration of land and land-attached assets and grant of a certificate of land use rights and ownership of houses and other land-attached assets;

b) Contract on transfer of land use rights, house and construction facility purchase and sale as prescribed by law provisions;

c) Record of handover of houses, land and construction facilities.

4. The land registration office shall perform the following jobs:

a) Examining legal documents in the dossier; certifying the eligibility or ineligibility for grant of a certificate of land use rights and ownership of houses and other land-attached assets in the written request for registration;

b) Sending cadastral information to the tax agency for determination of financial obligations (if any);

c) Updating information in the cadastral records and land database (if any);

d) Preparing a dossier for submission to a competent agency for grant of a certificate of land use rights and ownership of houses and other land-attached assets under Article 37 of this Decree;

dd) Requesting the project investor to submit the granted certificate of land use rights and ownership of houses and other land-attached assets for modification of the cadastral records and land database;

e) Handing over the certificate of land use rights and ownership of houses and other land-attached assets to the applicant.

5. In cases of complete dossiers as prescribed in Clause 3 of this Article, the land registration office shall receive dossiers, handle registration procedures and grant a certificate to the acquirer of land use rights and buyers of houses and construction facilities in housing development projects.”

23. Article 75a is added as follows:

“Article 75a. Conditions for land parcel division or consolidation and minimum area of land parcels eligible for division

Provincial-level People's Committees shall, based on land use master plans or land use plans, detailed construction master plans and local specific condition, specify the conditions for land parcel division or consolidation according to each type of land and the minimum area of land parcels eligible for division for each type of land.”

24. Point c, Clause 1, Article 76 is amended and supplemented as follows:

“c) Re-survey and re-measurement of areas and sizes of land parcels;”

25. Clauses 5 and 6, Article 78 are amended and supplemented as follows:

“5. Households and individuals using land shall submit dossiers for granting of certificates.

6. The land registration office shall be responsible for:

a) Checking the dossiers and certify the change in the written requests for granting of certificate;

b) Preparing the dossiers for the district-level Natural Resources and Environment Division to submit to the district-level People's Committee for granting a certificate to the person who has implemented “consolidation and swap of land parcels” according to the approved plans;

c) Making or updating and adjusting the cadastral records and land database; handing over certificates of land use rights and ownership of houses and other land-attached assets to land users in communes, wards or townships where the land is located.

In cases where a land user mortgages land use rights or land-attached assets at a credit institution, the land user shall submit a copy of the mortgage contract of land use rights and land-attached assets in lieu of the issued certificate to complete the procedure for granting a new certificate. The land registration office shall notify the list of cases implementing the procedures for granting a certificate to the credit institution where the land use rights and land-attached assets are mortgaged; confirm the mortgage registration on the certificate after it is signed by a competent agency. The certificate handover shall be carried out simultaneously among three parties, including the land registration office, the land user and the credit institution. The land user signs and receives the new certificate of land use rights and ownership of houses and other land-attached assets from the land registration office to hand it over to the credit institution where the mortgage is implemented; the credit institution shall hand over the mortgaged certificate to the land registration office for management.”

26. Clauses 4 and 5, Article 87 are amended and supplemented as follows:

“4. The revocation of certificates granted in violation of the land law under Point d, Clause 2, Article 106 of the Land Law shall be carried out as follows:

a) In cases where the People's Court competent to settle land disputes issues an effective judgment or decision, including a conclusion on revocation of the granted certificate, the revocation of the certificate shall comply with such judgment or decision;

b) In cases where the inspection agency makes a written conclusion that the certificate has been granted in violation of the land law, a competent state agency shall consider and decide to withdraw the granted certificate, if such conclusion is correct; or notify the inspection agency, if determining that the certificate has been granted in accordance with law provisions;

c) In cases where a state agency competent to grant certificates of land use rights and ownership of houses and other land-attached assets as specified in Article 105 of the Land Law and Article 37 of this Decree detects a certificate that has been granted in violation of the land law, the agency shall conduct the verification, notify the land user concerned of the reason and decide to revoke the certificate granted in violation of regulations;

d) In cases where a land user or owner of land-attached assets detects a certificate that has been granted in violation of the land law, he/she shall send a written report to a state agency competent to grant certificates of land use rights and ownership of houses and other land-attached assets. The state agency competent to grant certificates of land use rights and ownership of houses and other land-attached assets shall examine, consider and decide to revoke the certificates granted in violation of the land law;

dd) The agency competent to revoke the certificates specified at Points a, b, c and d of this Clause shall be the agency competent to grant such certificates at the time of revocation;

e) The land registration office shall revoke and manage revoked certificates under competent state agencies’ decisions on revocation of certificates;

g) In cases where a land user or owner of land-attached assets disagrees with the settlement of a competent state agency as prescribed at Points b, c and d of this Clause, he/she may lodge a complaint in accordance with the law on complaints.

5. The State shall not revoke certificates that have been granted in violation of law in the cases specified at Point d, Clause 2, Article 106 of the Land Law if the holders of such certificates have carried out the procedures for exchange, transfer, inheritance or donation of land use rights and ownership of land-attached assets, or capital contribution with land use rights and ownership of land-attached assets, and their cases have been settled in accordance with law provisions.

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

27. To amend and supplement Point b, Clause 1, Article 88 as follows:

“b) Establishing a council for conciliation of land disputes. This council shall be composed of the chairperson or a deputy chairperson of the People’s Committee as its head; a representative of the Fatherland Front Committee of the commune, ward or township; the head of the street quarter, for urban areas; the head of the village, for rural areas; a reputable person in the family line or in the localities where concerned people are working or living in; a person with legal qualifications and social knowledge; a village elder, religious dignitary or person who know well about the cases and affairs; a representative of households that have lived for a long time in the commune, ward or township and know well about the origin and use process of the disputed land parcel; and the cadastral and justice officers of the commune, ward or township. On a case-by-case basis, representatives of the Farmers’ Association, Women’s Union, Veterans’ Association and Ho Chi Minh Communist Youth Union may be invited;”

28. Clause 5, Article 88 is added as follows:

“5. The Ministry of Finance shall specify the funding support for land-related dispute conciliation in this Article.”

29. Section 5 is added to Chapter VII as follows:

“Section 5

ORDER AND PROCEDURES FOR LAND RECOVERY, LAND ALLOCATION, LAND LEASE, LAND USE EXTENSION AT CIVIL AIRPORTS AND AIRFIELDS

Article 91a. Order and procedures for land recovery due to lawful termination of land use or voluntary return of land at civil airports and airfields

1. Airport authorities shall carry out procedures for land recovery due to lawful termination of land use or voluntary return of land in the following cases:

a) Receiving documents on the land return from organizations or individuals that are allocated land by the airport authorities without the collection of land use levy or land rental, but now move to other places, have lower demand or no longer have demand for land use;

b) Receiving competent agencies’ decisions on dissolution or bankruptcy for organizations that are allocated land by the airport authorities without the collection of land use levy or land rental;

c) Receiving death certificates or decisions declaring the death of a person who is leased land by the airport authorities as prescribed by law provisions and documents certifying that such person dies without heirs from competent agencies.

2. Within a period of 05 days from the date of receiving the documents specified in Clause 1 of this Article, the airport authorities shall be responsible for field verification and inspection; issue a decision on land recovery, using the Form No. 07 in the Appendix enclosed herewith.

3. Within a period of 05 days from the date of issuing a decision on land recovery, the airport authorities shall send the decision on land recovery, extract of cadastral maps or extract of cadastral measurements of the revoked land area to the land registration office for updating and revising cadastral records and land database.

Article 91b. Order and procedures for land recovery due to law violations at civil airports and airfields

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

In cases where land-related violations of law are not subject to sanctioning of administrative violations under the law on sanctioning of administrative violations in the field of land, the agencies competent to inspect and examine shall make records of violations as a basis for the land recovery.

2. Within a period of 07 days from the date of making a written record of violations, the agencies competent to inspect and examine shall send records of violations to the airport authorities.

3. Within a period of 05 days from the date of receiving records of violations, the airport authorities shall be responsible for inspecting, verifying the field and issuing decisions on land recovery, using the Form No. 08 specified in Appendix enclosed herewith.

4. Within a period of 05 days from the date of issuing decisions on land recovery, the airport authorities shall send the decisions on land recovery, extracts of cadastral maps or extracts of cadastral measurements of the revoked land area to the land registration office for updating and revising cadastral records and land database.

Article 91c. Order and procedures for land allocation and land lease at civil airports and airfields

1. Grounds for airport authorities to allocate or lease land:

a) A certificate granted by provincial-level People's Committee for the airport authorities;

b) The classification and form of land allocation and lease as specified in Clauses 1 and 3, Article 156 of the Land Law;

c) Airport and airfield master plans approved by competent agencies;

d) Investors in construction of airports and airfields or works at airports and airfields that are determined in accordance with law provisions;

dd) Demand for land use, land use term indicated in the approved investment projects, written requests for land allocation or land lease;

e) Dossiers of request for land allocation or land lease as prescribed.

2. Organizations and individuals wishing to use land shall send 01 set of dossiers of request for land allocation or lease in person or by post or by other forms to the airport authorities. A dossier of request for land allocation or land lease shall comprise:

a) A written request for land allocation or land lease, using the Form No. 02 in the Appendix enclosed herewith;

b) An explanation of the investment project;

c) An extract of cadastral maps or an extract of cadastral measurements of the land parcel certified by competent agencies as prescribed;

d) A copy from the original number or a copy enclosed with the original for comparison or a certified copy (in cases of submission in person or by post) of the written approval of investment policies or investment registration certificate (if any) or written approval of investment or written approval of investment projects or written confirmation of bidding results of investment projects of competent agencies in accordance with law provisions.

3. Within a period of 10 days from the date of receiving a valid dossier, the airport authorities shall notify in writing the reasons for refusal to allocate or lease land to the requesting organizations, or issue decisions on land allocation according to the Form No. 03 in the Appendix enclosed herewith; organize the handover of land on the field and make a handover record using the Form No. 06 in the Appendix enclosed herewith.

In cases of land lease, within a period of 10 days from the date of receiving a complete dossier as prescribed, the airport authorities shall issue decisions on land lease according to the Form No. 04 in the Appendix enclosed herewith. Within a period of 30 days from the date of receiving the airport authorities’ written request enclosed with decisions on land lease or dossiers of request for land lease as prescribed in Clause 2 of this Article, the competent persons as prescribed shall be responsible for issuing land rental rates. The land lessee shall pay the land rental according to the tax office’ notices.

Within a period of 03 days from the date of receiving the land rental rates, the airport authorities shall sign a land lease contract according to the Form 05, hand over the land on the field and make a handover record using the Form No. 06, in Appendix enclosed herewith.

4. Within a period of no more than 03 days from the date of handing over land on the field, the airport authorities shall send decisions on land allocation, land lease, extracts of cadastral maps or extracts of cadastral measurements of the land parcel to the local land registration office for updating and revising cadastral records, land databases.

5. With regard to existing works which are being exploited and used in a stable manner but fail to have one of the papers specified at Points b, c and d, Clause 2 of this Article, owners of the works shall work with the airport authorities to organize the verification of the current land use status and conduct cadastral map measurement of the current land use status to complete the dossiers of request for land allocation, land lease, and shall not submit the documents specified at Points b, c and d, Clause 2 of this Article.

Article 91d. Extension of land lease at civil airports and airfields

1. The extension of land lease term shall be conducted based on the airport and airfield master plans already approved by competent agencies and the land use demands of the land-using organizations and individuals.

2. At least 06 months before the expiration of the land lease term, the land-using organizations or individuals shall send 01 set of dossiers to request the extension of land lease term in person or via the post system or by other suitable forms to the airport authorities. A record shall comprise:

a) A written request for extension of land lease term;

b) A copy from the original number or a copy enclosed with the original for comparison or a certified copy (in cases of submission in person or by post) of land lease decisions, land lease agreements; documents proving the fulfillment of financial obligations on land in accordance with the law of the most recent year;

c) Documents of competent agencies on modification of the PPP investment project contracts (if any);

d) Documents of competent agencies on extension of the investment project's term (if any).

3. Within a period of no more than 07 days from the date of receiving a complete dossier as prescribed, the airport authorities shall decide to extend the land lease term according to the Form No. 07 in the Appendix enclosed herewith. Within a period of 30 days after receiving the airport authorities’ written request enclosed with the decisions to extend the land lease term and the dossiers of request for land lease extension specified in Clause 2 of this Article, the competent persons as prescribed shall be responsible for issuing land rental rates. The land lessee shall pay the land rental according to the tax office’s notices.

4. Within a period of 03 working days from the date of receiving the land rental rates, the airport authorities shall sign a land lease contract according to the Form No. 05 in the Appendix enclosed herewith.

Article 2. Amending and supplementing a number of articles of the Decree No. 47/2014/ND-CP dated May 15, 2014 providing for the compensation, support and resettlement upon land recovery by the State

1. Clauses 3, 4, 5, 6 and 7, Article 19 are amended and supplemented as follows:

“3. The support for stabilizing livelihood of the subjects specified at Points a, b, c, d, dd and e, Clause 1 of this Article (supplemented in Clause 5, Article 4 of the Decree No. 01/2017/ND-CP dated January 06, 2017) shall comply with the following provisions:

a) In cases where between 30% and 70% of the area of agricultural land is recovered, support shall be provided for 06 months in case relocation is not required, and for 12 months in case relocation is required. The period of support may be up to 24 months in cases of relocation to localities with difficult or extremely difficult socio-economic conditions.

In cases where over 70% of the area of agricultural land is recovered, support shall be provided for 12 months if relocation is not required and for 24 months if relocation is required. The period of support may be up to 36 months in cases of relocation to localities with difficult or extremely difficult socio-economic conditions;

b) The recovered land area prescribed at Point a of this Clause shall be determined based on each land recovery decision of a competent People’s Committee;

c) The level of support per registered household member prescribed at Points a and b of this Clause shall be calculated in money equivalent to 30 kilos of rice a month at the average local price at the time of support.

4. The support for stabilizing production must comply with the following provisions:

a) Households and individuals that receive compensation in agricultural land are entitled to support for stabilizing production, covering support of plant varieties and animal breeds for agricultural production, agricultural and forestry extension services, plant protection and veterinary services, cultivation and animal breeding techniques and professional techniques for production, business and industrial and commercial services;

b) Economic organizations, households and individuals engaged in production and business and foreign-invested enterprises specified at Point g, Clause 1 of this Article are entitled to support in money for stabilizing production which does not exceed 30% of the after-tax income of one year being the average of the last three years.

The after-tax income shall be determined in accordance with the law on personal income tax and the law on corporate income tax.

5. Households and individuals currently using land through contractual allocation for use for agricultural, forestry, aquaculture or salt making purposes falling into the cases specified at Points d, dd and e Clause 1 of this Article shall be entitled to support in money for stabilizing livelihood and production.

6. Employees hired under labor contracts by economic organizations, production and business households and individuals or foreign-invested enterprises specified at Point g, Clause 1 of this Article are entitled to support of severance allowance in accordance with the labor law for 06 months at most.

7. Provincial-level People’s Committees shall decide on the level and time of support and periodically pay support money suitable to local practical conditions.”

2. Article 19a is added as follows:

“Article 19a. Support for land lease to continue production and business when the State recovers land for national defense and security purposes; socio-economic development for the national and public interests but land users are not compensated for recovered land

1. In cases where the State recovers land for non-agricultural production establishments of current users who are leased land by the State with annual rental payment, the land users may be supported for land lease to continue production and business.

2. Forms of support:

a) Support for land lease in industrial zones, export processing zones, industrial clusters and craft villages in provinces and municipalities;

b) Competent People's Committees shall consider leasing land with annual rental payment without auction of land use rights in cases where the localities have conditions on the cleared land fund.

3. Cases eligible for support in land lease to continue production and business

a) Persons whose land is recovered wish to continue leasing land for production and business;

b) The remaining land use term up to the time when a competent state agency issues a land recovery decision is at least equal to 1/3 of the land lease term stated in the land lease contract;

c) The land recovery affects the lives and jobs of various employees directly engaged in production in such non-agricultural production establishments;

d) At the time of land recovery notice from a competent state agency, the production establishment of current users who are leased land by the State is operating in a stable manner;

dd) The persons who are leased land by the State satisfy the conditions specified in Clause 3, Article 58 of the Land Law.

4. The order and procedures for land allocation and land lease shall comply with Clause 3, Article 68 of Decree No. 43/2014/ND-CP.

5. The land price used for calculation of land rental shall be the specific land price as prescribed at Point c, Clause 4, Article 114 of the Land Law.

6. On an annual basis, provincial-level People's Committees shall sum up the list of projects that are leased land by the State in the form of annual land rental payment without auction of land use rights under the provisions of this Article and submit them to the Prime Minister. The Prime Minister shall consider and approve it according to competence.”

Article 3. Amending and supplementing the Decree No. 01/2017/ND-CP dated January 06, 2017 on amending and supplementing a number of decrees detailing the implementation of the Land Law

1. To amend and supplement Clause 14, Article 2 (to add Clause 3, Article 15b) as follows:

“3. With regard to the cases specified in Clauses 1 and 2 of this Article, if the land users do not have the right to transfer the land use right and have no land-attached assets, the State shall recover the land.”

2. To amend and supplement Clause 36, Article 2 (to add Clause 10, Article 51 of the Decree No. 43/2014/ND-CP) as follows:

“10. With regard to self-financed public non-business organizations that are assigned by competent agencies as investors of investment projects in technical infrastructure construction and business of industrial parks, export processing zones and industrial clusters in localities with difficult socio-economic conditions in accordance with the law on investment, they may be leased land by the State to implement projects, continue to be leased land after investing in infrastructure, and must implement and comply with the provisions of this Article. ”

3. To amend and supplement Clause 49, Article 2 as follows:

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

a) Conducting cadastral surveys for land parcel division and making extracts of the newly divided land parcels according to the results of cadastral surveys to hand such extracts over to land users for signing contracts or transaction documents on rights to use part of newly divided land parcels;”

Article 4. Transitional provisions

1. With regard to the cases of land use for production and business purposes specified in Article 16 of the Decree No. 43/2014/ND-CP that have the land areas allocated by the State for management or agricultural land used for public purposes and such land areas can be divided into an independent project, but the State has issued a decision to recover and allocate or lease land to the investors before the effective date of this Decree, the investors may continue using land until the expiration of the land allocation or lease term. In cases where the decisions on land recovery have been issued but the decisions on land allocation or lease have not been issued yet, the provisions of this Decree shall apply.

With regard to the cases where provincial-level People's Committees have approved the receipt of transfer, capital contribution, or lease of agricultural land use rights to implement non-agricultural investment projects before the effective date of the Decree, and the written approval has exceeded 36 months from the date of signing but the investors have not made the agreement with the land users, and the land use for implementing the project is in accordance with the approved land use master plans or plans, the investors shall re-apply the procedures for provincial-level People's Committees for approval according to the provisions of this Decree.

2. In cases where state agencies competent to grant certificates of land use rights or ownership of houses and other land-attached assets detects that the granted certificates are in violation of law, and have notified the land users of the reasons for revocation of such certificates before the effective date of this Decree but the decisions on revocation of such certificates have not been issued yet, the revocation of certificates shall be carried out in accordance with this Decree.

3. Self-financed public non-business organizations that have been leased land by the State to invest in technical infrastructure construction and business of industrial parks, export processing zones and industrial clusters before the effective date of this Decree may continue using the land for the remaining period and sublease the land after investing in infrastructure in accordance with law provisions.

4. Investment projects on construction and business of houses for sale or houses for sale in combination with for lease in wards of centrally-run grade-I urban centers, which have been permitted in writing by provincial People's Committees in accordance with law, to transfer land use rights in the form of subdivision or sale of land before the effective date of the decree, may continue implementation.

5. In cases where competent agencies have allocated or leased land without auction of land use rights, for cases of land use levy exemption under Point b, Clause 2, Article 118 of the Land Law before the effective date of this Decree, land users may continue using the land.

Article 5. Implementation provisions

1. This Decree takes effect on February 08, 2021.

2. This Decree annuls Clause 4, Article 41 of the Decree No. 43/2014/ND-CP; Clauses 8, 10, 15, 31, 46 and 56, Article 2 of the Decree No. 01/2017/ND-CP.

3. To annul the phrase “consolidation and swap of land parcels” in Clause 4, Article 76 of the Decree No. 43/2014/ND-CP.

Article 6. Responsibility for implementation

1. Ministries and provincial-level People's Committees shall guide the implementation of the articles and clauses in this Decree, and review promulgated documents for amendment, supplementation or replacement in accordance with this Decree.

2. Ministers, heads of ministerial-level agencies, heads of governmental agencies, chairpersons of People's Committees at all levels and other relevant organizations and individuals shall be responsible for the implementation of this Decree./.

FOR THE GOVERMENT

THE PRIME MINISTER

Nguyen Xuan Phuc

* All Appendices are not translated herein.