SOCIALIST REPUBLIC OF VIET NAM
Independence - Freedom - Happiness
Hanoi, May 25, 2007
WITH ADDITIONAL PROVISIONS ON ISSUANCE OF LAND USE RIGHT CERTIFICATES; ON LAND RECOVERY; ON EXERCISE OF LAND USE RIGHTS; ON ORDER AND PROCEDURES FOR COMPENSATION, ASSISTANCE AND RESETTLEMENT WHEN THE STATE RECOVERS LAND; AND ON RESOLUTION OF COMPLAINTS ABOUT LAND
Pursuant to the Law on Organization of the Government dated 25 December 2001;
Pursuant to the Law on Land dated 26 November 2003;
Having considered the proposal of the Minister of Natural Resources and Environment and of the Minister of Finance;
Article 1 Governing scope
1. This Decree provides additional regulations on a number of cases of issuance of land use rights certificates, and of certificates of ownership of residential housing together with residential land use rights (hereinafter all referred to as certificates); on a number of cases of exercise of rights by land users; on recovery of land and payment of compensation and assistance for land; on the order and procedures for land recovery, for payment of compensation and assistance and resettlement when the State recovers land to use it for purposes of national defense and security, for the public interest or for economic development; and on resolution of complaints about land.
2. Current regulations shall apply to the following issues when this Law does not contain any provision
Article 2 Applicable entities:
1. Bodies exercising the function of State administration of land; and bodies, organizations and individuals involved in administration of land.
2. Land users and organizations and individuals involved in land use.
SPECIFIC PROVISIONS ON A NUMBER OF CASES OF EXERCISE OF LAND USE RIGHTS AND ISSUANCE OF CERTIFICATES
Article 3 Land which has been used stably as stipulated in article 50.4 of the Law on Land
1. Land which has been used stably as stipulated in article 50.4 of the Law on Land means land which satisfies one of the following criteria:
(a) The land has been used continuously for a specified main purpose, as from the date of commencing use for such purpose until the time a certificate was issued or until the time there was a decision recovering the land made by the competent State body in a case where a certificate has not been issued;
(b) The land has been continuously used as stipulated in sub-clause (a) above but there was a change of the land user which did not give rise to any dispute about the land use right.
2. A determination of the time of commencement of stable land use shall be based on the date of use and purpose of use stipulated in one of the following documents:
(a) Receipt for payment of agricultural land use tax [or] housing and land tax;
(b) Minutes or decision imposing an administrative penalty for use of land or for construction of a building on land;
(c) Effective decision or verdict of a people's court or effective decision of an enforcement agency which was in fact enforced against assets attached to the land;
(d) Decision resolving a land dispute by a competent State body which was effective for execution; minutes of conciliation of a land dispute signed by the parties and a representative of the people's committee of the commune, ward or township (hereinafter referred to as the commune people's committee) where the land is situated;
(e) Document on registration of permanent residence or long-term temporary residence in a house on residential land; people's identity card or birth certificate on which is recorded the address of a house relating to the parcel of land;
(g) Document on allocation, distribution or issuance of a house or land by a body or organization to which the States assigned management and use of land;
(h) Document on purchase and sale of a house [or] other asset attached to the land or a document on the purchase and sale of land [and/or] assignment of the land use right signed by the parties involved (without requiring certification by any body or organization);
(i) Land map, inventory book, survey and measurement records of the land throughout various periods;
(k) Declaration on registration of a house and land certified by the commune level people's committee as at the time of such declaration.
3. If the commencement date of land use expressed in the various documents stipulated in clause 2 of this article is inconsistent, then the commencement date from which the land was used stably shall be determined in accordance with the document recording the earliest commencement date of land use.
4. If there are no documents as stipulated in clause 2 of this article or if there is no document expressing the date on which the document was created and the land use purpose, then there must be certification from the commune level people's committee of the commencement date of land use and the land use purpose by collecting opinions from the residents who lived together with the applicant applying for certification of the commencement date of land use in the residential area (hamlet, village or street population group) where the land exists.
Article 4 Point of time for determining financial obligations on lodging an application file for issuance of a certificate, for conversion of land use purpose, or for allocation or lease of land
1. The financial liability to the State of any economic organization, household or individual who was allocated land with payment of land use fees or who was leased land by a competent State body,
shall be determined according to the land policy and price applicable as at the date of issuance of the land allocation or land lease decision; and if the date of handover of land was different from the time stated in such decision, then financial liability shall be determined according to the land policy and price applicable as at the time of actual handover.
2. The financial liability to the State of a land user shall be determined as at the date of lodging an application file in a case where the land user lodged a complete and valid application file for a certificate or for conversion of land use purpose to the competent State body prior to 1 January 2005 (the date on which new land prices were applicable pursuant to Decree 188 of the Government dated 16 November 2004 on price determination methods and price frameworks for all types of land, hereinafter referred to as Decree 188) but the applicant was required to re-submit or amend such application file because the State body delayed the conduct of procedures or provided inappropriate guidance on preparation of the application file, or because declaration forms were amended, or because authority to grant certificates of land use rights or authority to permit conversion of land use purpose was amended.
3. The financial liability of the land user shall be determined in accordance with the land price stipulated by the provincial people's committee as at the date of lodging the application file, where such application file for a certificate or for conversion of land use purpose was submitted to the competent State body on or after 1 January 2005. If the functional body delayed the conduct of procedures or provided incorrect guidance on preparation of the application file, then the person who lodged the file may lodge a complaint about administrative conduct and the public servant responsible shall be disciplined in accordance with article 175 of Decree 181 of the Government dated 29 October 2004 on implementation of the Law on Land (hereinafter referred to as Decree 181), and the financial liability to the State of the person who lodged the application file shall be determined as at the date of lodging the complete and valid file.
4. The land use right registration office or the commune level people's committee which received an application file shall provide written certification of the time of lodging a complete and valid application file pursuant to clause 2 of this article based on the register for receipt of application files or the receipt provided to the applicant, and such office or people's committee shall send its written certification to the tax office as the basis for calculating the financial liability of the land user.
Article 5 Recording land use fees as a debt
1. In the case of a family household or individual who cannot afford to pay land use fees to the State as stipulated in article 5.4 of Decree 17-2006-ND-CP of the Government dated 27 January 2006 amending a number of Decrees implementing the Law on Land and amending Decree 187 of the Government dated 16 November 2004 on conversion of State owned companies (hereinafter referred to as Decree 17), and in the case of a family household or individual who is allocated land by the State for resettlement and wishes to have the land use fees recorded as a debt, then the land use fees shall in fact be recorded as a debt at the same time as lodging the application file for a certificate or for conversion of land use purpose or for allocation of land for resettlement. When the land user pays the debt, it must be paid at the land price applicable at the time of payment, and the note on the certificate recording the land use fees as a debt shall be deleted.
2. When paying a debt pursuant to article 17.1 of Decree 198 of the Government dated 3 December 2004 on collection of land use fees (hereinafter referred to as Decree 198), the land user shall pay such debt at the land price applicable as at the time of grant of his or her certificate; but when paying land use fees debts pursuant to article 5.4 of Decree 17 and in a case where the land use fees were recorded as a debt prior to the date on which this Decree takes effect, then the land user shall pay the land use fee debt on the basis of the debt acknowledged and recorded on his or her certificate.
3. The Ministry of Natural Resources and Environment and the Ministry of Finance shall provide guidelines on the order and procedures for recording land use fees as debts and for paying such debts.
Article 6 Additional procedures for an application file for conversion of land use purpose when the assets attached to the land are public property
In the case of assets attached to land being public property under the management of a central State body [or] State owned enterprise, then the people's committee of the province or city under central authority (hereinafter referred to as the provincial people's committee) shall only be permitted to make a decision on conversion of the land use purpose after it has written agreement from the Ministry of Finance on conversion of the use function of such property to another use function.
Article 7 Exemption/reduction of land use fees applicable to persons who contributed to the revolution
Land use fees shall be exempted or reduced for persons who contributed to the revolution in accordance with the law on preferential treatment for such persons.
Article 8 Issuance of certificates of land use right for agricultural production land
1. If a final plan for merger of land by exchanging parcels of agricultural production land has been completely performed, then the people's committee of the district, town or provincial city (hereinafter referred to as the district people's committee) shall recover the certificates previously issued for all the parcels of land and issue a new certificate for each parcel of land in compliance with article 48.3 of the Law on Land.
2. If in places where the final plan for merger of land by exchanging parcels of agricultural production land has not been completely performed and a family household or individual currently using the land so requests, then the district people's committee shall issue one certificate for all the parcels of land within the use rights of each such family household or individual, and thereafter a certificate shall be issued as stipulated in clause 1 of this article after the final plan for merger of land by exchanging parcels has been completely performed.
3. The Ministry of Natural Resources and Environment shall provide guidelines on issuance of the certificates stipulated in clause 2 of this article.
Article 9 Issuance of certificates where agricultural land is used for the purpose of constructing a farm in a rural area
1. When a land user is granted a certificate for farm land in a rural area, the land user shall not be required to pay land use fees for conversion of land use purpose from agricultural production or from forestry, aquacultural or salt production to another agricultural land type in the following circumstances:
(a) Construction of a glass house or other type of building servicing cultivation purposes including forms of cultivation other than directly on land;
(b) Construction of a stable or shed for cattle, poultry and other types of animals as permitted by law;
(c) Construction of a plant or animal seed nursery;
(d) Construction of a barn or store for agricultural products, plant protection agents, fertilizer, or agricultural production machinery and tools used on the farm.
2. Upon conversion of land use purpose from land for planting annual crops other than land which is specialized land for wet rice cultivation, or from land for planting perennial crops, land for aquaculture or land for forestry production being plantation forests to another type of agricultural land pursuant to sub-clauses (a), (b), (c) and (d) of clause 1 of this article, or upon conversion from specialized land for wet rice cultivation to construction of a rice seed variety nursery, the farmland user must register the land use conversion pursuant to article 36.2 of the Law on Land.
Click Download to see full text