DECREE 43

MAKING DETAILED PROVISIONS FOR IMPLEMENTATION OF A NUMBER OF

ARTICLES OF THE LAW ON LAND

Dated 15 May 2014

CONTENTS

CHAPTER 1......................................................................................................................................................... 1

General Provisions............................................................................................................................................ 1
Article 1 Scope of governance.................................................................................................................. 1
Article 2 Applicable entities ....................................................................................................................... 1
Article 3 Classification of land................................................................................................................... 1

CHAPTER 2......................................................................................................................................................... 2

System of Organization of Land Administration and Services of Land Management and Use .......... 2
Article 4 Administrative agencies for land............................................................................................... 2
Article 5 Implementation of land-related services .................................................................................. 3
Article 6 Land development funds............................................................................................................ 4

CHAPTER 3......................................................................................................................................................... 5

Land Use Zoning And Land Use Planning.................................................................................................... 5

Article 7 Preparation and amendment of land use zoning and land use planning............................ 5
Article 8 Obtaining opinions on land use zoning and land use planning ............................................ 7
Article 9 Order and procedures for evaluation and approval of land use zoning and land use
planning ........................................................................................................................................ 7
Article 10 Conditions for organizations carrying out consultancy on formulation of land use zoning
and land use planning .............................................................................................................. 10
Article 11 Implementation of land use zoning and land use planning................................................. 10
Article 12 Dealing with a number of arising issues on land use zoning and land use planning after
1 July 2014................................................................................................................................. 11

CHAPTER 4....................................................................................................................................................... 11

Land resumption, Allocation of Land, Lease of Land and Conversion of Land Use Purpose .......... 11
Article 13 Obtaining opinions of ministries on land use projects in marine islands, border and
coastal communes, wards and townships............................................................................. 11
Article 14 Detailed provisions on conditions for people allocated with land by, leasing land from
and allowed to convert land use purpose by the State for implementation of investment
projects ....................................................................................................................................... 12
Article 15 Events of force majeure affecting land use schedule of investment project and time for
calculation of the 24 month extension where land is not put into use or is used behind
schedule ..................................................................................................................................... 13
Article 16 Use of land for production and business purposes through purchase of assets attached
to land, receipt of transfer or lease of land use right, and receipt of capital contribution
by land use right ........................................................................................................................ 13
Article 17 Notice on land resumption, composition of team for enforcement of land resumption,
budget for enforcement of land resumption and resolution of complaints arising from
enforcement of land resumption ............................................................................................. 14

CHAPTER 5....................................................................................................................................................... 15

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Land Registration, Issuance of Certificates of Land Use Right, Ownership of Residential Houses
and Other Assets Attached to Land ["Single Land Certificates"] .......................................................... 15
Article 18 Other documents on land use right stipulated in article 100.1(g) of the Law on Land.... 15
Article 19 Cases where certificates of land use right, ownership of residential house and assets
attached to land are not issued............................................................................................... 16
Article 20 Issuance of single land certificates to land to households or individuals currently using
land without land use right documents not in breach of the law on land .......................... 17
Article 21 Grounds for determination of stable land use....................................................................... 19
Article 22 Dealing with and issuing single land certificates for family households or individuals
using land and having breached the law on land before 1 July 2014 ............................... 20
Article 23 Issuance of single land certificates to family households and individuals allocated [with
land] not in accordance with authority.................................................................................... 22
Article 24 Determination of the area of residential land upon issuance of single land certificates to
family households and individuals using land containing gardens or ponds attached to
residential houses ..................................................................................................................... 23
Article 25 Issuance of single land certificates to domestic organizations currently using land not
covered in article 46 of this Decree ........................................................................................ 24
Article 26 Issuance of certificate of land use right, ownership of residential house and assets
attached to land for land for construction of urban zones, rural residential zones, or
production and business zones which have various land use purposes .......................... 25
Article 27 Issuance of single land certificate for land containing historical-cultural and scenic
beauty sites ................................................................................................................................ 25
Article 28 Issuance of single land certificate for land currently used by religious establishments.. 25
Article 29 Issuance of single land certificate for a parcel of land the area of which is smaller than
the minimum area ..................................................................................................................... 26
Article 30 Issuance of single land certificate where the land of one user is located over multiple
administrative units ................................................................................................................... 27
Article 31 Certification of residential house ownership ......................................................................... 27
Article 32 Certification of ownership of construction work other than residential houses ................ 29
Article 33 Certification of ownership of production forests being planted forests.............................. 31
Article 34 Certification of perennial crop ownership .............................................................................. 32
Article 35 Assets attached to land the ownership of which may not be certified upon issuance of
single land certificate ................................................................................................................ 32
Article 36 Issuance of single land certificate where the State has had a decision on management
of land and assets attached to land which has not been implemented ............................ 33
Article 37 Agencies to issue single land certificates where land users exercise rights of land users
and owners of assets attached to land, to replace and to re-issue certificates ............... 33

CHAPTER 6....................................................................................................................................................... 34

Use Regimes Of Types Of Land.................................................................................................................... 34

Section 1............................................................................................................................................................... 34
General Provisions.............................................................................................................................................. 34
Article 38 Land use by economic organizations allocated with land by the State to form
infrastructure construction capital by projects, or land sourced from winning land use
right auctions before 1 July 2004............................................................................................ 34
Article 39 Provisions on transfer of investment capital being value of land use right....................... 34
Article 40 Provisions on conditions for transferring or giving as a gift or donation the land use right
of ethnic minority family households or individuals using land allocated by the State
under assistance policies......................................................................................................... 34
Article 41 Conditions for transfer of land use right in investment projects in construction and
business of residential houses for sale or for both sale and letting ................................... 35
Article 42 Conditions for transfer of land use right attached to the transfer of a part or the whole of
an investment project in construction and business of residential houses....................... 35
Article 43 Dealing with land use right of State owned enterprises upon equitization ....................... 36
Section 2............................................................................................................................................................... 36
Agricultural Land.................................................................................................................................................. 36

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 Article 44 Quota on receipt of transfer of agricultural land use rights of family households and
individuals................................................................................................................................... 36
Article 45 Land for rice cultivation ............................................................................................................ 37
Article 46 Management and use of land of agricultural and forestry companies after
reorganization, renovation, development and improvement of efficiency of operation .. 37
Article 47 Inland water surfaces belonging to more than one province or city under central
authority ...................................................................................................................................... 38
Article 48 Riverside and coastal accretions ............................................................................................ 39
Section 3............................................................................................................................................................... 39
Non-Agricultural Land ......................................................................................................................................... 39
Article 49 Regime for land use for construction of apartment buildings ............................................. 39
Article 50 Land used for national defence and security purposes....................................................... 40
Article 51 Land being industrial zones, export processing zones, industrial clusters....................... 41
Article 52 Land used for hi-tech zones .................................................................................................... 42
Article 53 Land used for economic zones ............................................................................................... 43
Article 54 Land for implementation of build – transfer (BT) projects and build - operate - transfer
(BOT) projects ........................................................................................................................... 43
Article 55 Land for civil airports and air terminals .................................................................................. 44
Article 56 Land for construction of public works with safety corridors ................................................ 44
Article 57 Land use for construction of underground facilities ............................................................. 46
Section 4............................................................................................................................................................... 46
Management And Putting Unused Land Into Use .......................................................................................... 46
Article 58 Management of unused land................................................................................................... 46
Article 59 Measures to put unused land into use in accordance with approved land use planning 46

CHAPTER 7....................................................................................................................................................... 47

Order And Administrative Procedures For Land Management And Use .............................................. 47
Section 1............................................................................................................................................................... 47
General Provisions.............................................................................................................................................. 47
Article 60 File submission and return of results of performance of administrative procedures on
land.............................................................................................................................................. 47
Article 61 Time-limit for performance of administrative procedures on land...................................... 48
Article 62 Responsibilities for providing for files, time for performance of and order and
administrative procedures on land.......................................................................................... 50
Article 63 Determination of financial obligations of land users in performance of administrative
procedures on land management and use............................................................................ 50
Article 64 Contracts and transaction documents on land use right and ownership of assets
attached to land ......................................................................................................................... 51
Section 2............................................................................................................................................................... 51
Order And Procedures For Land Resumption, Land Requisition, Land Allocation, Land Lease And
Conversion Of Land Use Purpose .................................................................................................................... 51
Article 65 Order and procedures for land resumption as a result of termination of land use in
accordance with law or due to voluntary return of land or due to a threat to human life 51
Article 66 Order and procedures for land resumption due to a breach of law ................................... 53
Article 67 Detailed provisions for order and procedures for land requisition ..................................... 54
Article 68 Order and procedures for land allocation, land lease and permission for conversion of
use purposes of land for rice cultivation, protective forest land and specialized use
forest land to other uses........................................................................................................... 55
Article 69 Order and procedures for permission for conversion of land use purpose ...................... 57
Section 3............................................................................................................................................................... 57
Order And Procedures For Registration Of Land Or Assets Attached To Land, And For Issuance Of
Certificates Of Land Use Right, Ownership Of Residential House And Assets Attached To Land ........ 57

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 Article 70 Order and procedures for registration of land or assets attached to land, for first time
issuance of certificates of land use right, ownership of residential house and assets
attached to land, and for additional registration of assets attached to land ..................... 57
Article 71 Order and procedures for land registration in the case of land allocation by the State for
management .............................................................................................................................. 59
Article 72 Order and procedures for registration and issuance of certificates of land use right,
ownership of residential house and assets attached to land to transferees of land use
right or purchasers of a residential house or construction work in residential house
development projects ............................................................................................................... 59
Article 73 Order and procedures for registration of creation, change or termination of the right to
limited land use in respect of the adjacent parcel(s) of land............................................... 61
Article 74 Order and procedures for extension of land use; confirmation of continued use of
agricultural land by a family household or individual upon expiry of land use duration.. 61
Article 75 Order and procedures for division or consolidation of parcels of land .............................. 62
Article 76 Replacement of certificates, certificates of ownership of residential house and
certificates of ownership of construction work ...................................................................... 63
Article 77 Re-issuance of lost certificates, certificates of ownership of residential house and
certificates of ownership of construction work ...................................................................... 64
Article 78 Order and procedures for conversion of agricultural land use right of family households
and individuals for implementation of ‘land regrouping and exchange’ ............................ 65
Article 79 Order and procedures for conversion, transfer, lease, sub-lease, inheritance, giving as a
gift or donation, or capital contribution by land use right or ownership of assets attached
to land; conversion of land use right or ownership of assets attached to land of one
spouse to joint ownership of both spouses ........................................................................... 65
Article 80 Order and procedures for cancellation of registration of lease, sub-lease, capital
contribution by land use right or ownership of assets attached to land ............................ 67
Article 81 Order and procedures for registration and cancellation of registration of mortgage by
land use right and realization of mortgaged land use right for debt recovery .................. 69
Article 82 Procedures for registration and issuance of certificate of land use right, ownership of
residential house and assets attached to land where land use right has been transferred
but the right transfer procedures have not been implemented in accordance with
regulations.................................................................................................................................. 69
Article 83 Procedures for registration of changes in the case of establishment of private
enterprises, transfer of investment projects, conversion of companies; division,
demerger, merger and consolidation of enterprises ............................................................ 70
Article 84 Order and procedures for registration of changes to land or assets attached to land in
the cases of winning an auction of land use right; resolution of disputes, complaints or
denunciations on land; dealing with mortgage or capital contribution contracts;
confiscation and selling via auction land use right or assets attached to land for
execution of a judgement; division, demerger, merger and consolidation of an
organization or conversion of a company; agreement on merger or division of land use
right or ownership of assets attached to land of family households, of spouses or a
group of land users ................................................................................................................... 71
Article 85 Order and procedures for registration of changes to land or assets attached to land as a
result of changes to information of persons issued with certificates; reduction of area of
parcel of land due to natural landslides; changes to limits to land use right; changes to
financial obligations; changes to assets attached to land compared to the content
registered and issued with certificates; conversion from land lease with annual rent
payment to land lease with a one-off payment of land rent for the entire lease term ..... 72
Article 86 Procedures for correction of issued certificates, certificates of ownership of residential
house and certificates of ownership of construction work................................................... 73
Article 87 Procedures for withdrawal of issued certificates, certificates of ownership of residential
house and certificates of ownership of construction works................................................. 73
Section 4............................................................................................................................................................... 75
Order And Procedures For Mediation And Resolution Of Land Disputes .................................................. 75
Article 88 Procedures for mediation of land disputes ............................................................................ 75
Article 89 Procedures for resolution of land disputes under the authority of the chairman of a
district or provincial people’s committee ................................................................................ 76

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 Article 90 Procedures for resolution of land disputes under the authority of the Minister of Natural
Resources and Environment ................................................................................................... 76
Article 91 Basis for resolution of land disputes in the case the parties to the dispute do not have
documents on land use right; enforcement of decisions on resolution of land disputes or
decisions on recognition of successful mediation ................................................................ 77

CHAPTER 8....................................................................................................................................................... 77

Monitoring And Assessment Of Land Management And Use................................................................. 77

Article 92 Functions of the monitoring and assessment system.......................................................... 77
Article 93 Principles of design and operation of the monitoring and assessment system ............... 78
Article 94 Provision and reflection of information on land management and use ............................. 78
Article 95 Responsibilities for establishment and operation of the monitoring and assessment
system......................................................................................................................................... 78

CHAPTER 9....................................................................................................................................................... 79

Dealing With Breaches Of The Law On Land By Persons Breaching.................................................... 79

The Law On Land During Performance Of Public Duties In The Land Sector...................................... 79
Article 96 Persons dealt with for breaches.............................................................................................. 79
Article 97 Acts in breach of the law on land during performance of public duties in the land sector
..................................................................................................................................................... 79
Article 98 Application of provisions of law on cadres, State officials and State employees to deal
with breaches of the law on land by persons acting in breach of the law on land during
performance of public duties in the land sector .................................................................... 81

CHAPTER 10 .................................................................................................................................................... 81

Implementing Provisions ............................................................................................................................... 81

Article 99 Dealing with cases of current performance of land resumption procedures before 1 July
2014 ............................................................................................................................................ 81
Article 100 Dealing with cases of land allocated by or leased from the State before 1 July 2014 but
the land has not been used or used behind schedule ......................................................... 82
Article 101 Authority to amend decisions on land allocation and land lease in respect of land
allocated or leased out before the effective date of the Law on Land............................... 82
Article 102 Effectiveness.............................................................................................................................. 82
Article 103 Responsibilities of ministries, ministry equivalent bodies, agencies belonging to the
Government, people’s committees at all levels, and land users ........................................ 83

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THE GOVERNMENT SOCIALIST REPUBLIC OF VIETNAM
Independence - Freedom - Happiness
No. 43-2014-ND-CP
Ha Noi, 15 May 2014

DECREE
MAKING DETAILED PROVISIONS FOR IMPLEMENTATION OF A NUMBER OF
ARTICLES OF THE LAW ON LAND

Pursuant to the Law on Organization of the Government dated 25 December 2001;

Pursuant to the Law on Land dated 29 November 2013

At the proposal of the Minister of Natural Resources and Environment,

The Government issues this Decree making detailed provisions for a number of articles and clauses of the
Law on Land 45-2013-QH13.

CHAPTER 1

General Provisions

Article 1 Scope of governance

1. This Decree makes detailed provisions for a number of articles and clauses of the Law on Land 45-
2013-QH13 (hereinafter referred to as the Law on Land).

2. Detailed provisions for a number of articles and clauses of the Law on Land on compensation,
assistance, re-settlement; land prices; collection of land use fees; collection of land rent and water
surface rent; penalty for administrative breaches in the field of land are stipulated in other Decrees of
the Government.

Article 2 Applicable entities

1. State agencies exercising rights and discharging responsibilities as representatives of the ownership
of land by the entire people and carrying out the task of uniform State administration of land

2. Land users stipulated in article 5 of the Law on Land;

3. Other entities involved in the management and use of land.

Article 3 Classification of land

In the case of land use with no documents as stipulated in articles 11.1, 11.2 and 11.3 of the Law on Land,
land is classified in accordance with the following provisions:

1. In the case of current stable land use not due to illegal conversion of land use purpose, occupation or
encroachment, the land is classified according to the current status of use.

2. In the case of land use due to illegal conversion of land use purpose, occupation or encroachment,
the land is classified based on its source and history of management and use.
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3. In the case a parcel of land is currently used for multiple purposes (not residential land with a garden
and pond on the same parcel of land), the land is classified according to the following provisions:

(a) Where the border of use between different use purposes is determinable, the parcel of land is
divided according to each purpose, and the purpose is determined according to the current
use of each such divided parcel of land;

(b) Where the border of use between different use purposes is not determinable, the main use
purpose is determined according to the type of land currently having the highest price in the
price list stipulated by the people's committee of a province or city under central authority
(hereinafter referred to as provincial people's committee); in the case of land use after a land
use planning has been approved by the competent agency, the main purpose is determined
based on the land use planning.

4. In the case of land with an apartment building with mixed purposes built before 1 July 2014, of which
one part of the floor area of the apartment building is used as offices, service or commercial facilities,
the main use purpose of the area of the land used for construction of the apartment building is
determined as residential land.

5. The agency to classify the land provided in clauses 1, 2, 3 and 4 of this article is the provincial
people's committee in the case of organizations, religious facilities, foreign invested enterprises, and
foreign organizations with diplomatic functions; the people's committee of a district, town or provincial
city (hereinafter referred to as district people's committee) in the case of family households,
individuals, resident communities, and Vietnamese residing overseas. In the case of land
resumption, the competent agency for land classification is the competent agency for land
resumption in accordance with the law on land.

CHAPTER 2

System of Organization of Land Administration and Services of Land Management and Use

Article 4 Administrative agencies for land

1. Local administrative agencies for land comprise:

(a) The administrative agency for land in provinces and cities under central authority is the
Department of Natural Resources and Environment.

(b) The administrative agency for land in districts, towns and cities under provincial authority is the
Division of Natural Resources and Environment.

2. Provincial people's committees and district people's committees are responsible to set up their local
administrative organization and apparatus for land; district people's committees arrange cadastral
officials in their communes, wards and townships to ensure implementation of their duties.

3. The Ministry of Natural Resources and Environment presides over coordination with the Ministry of
Home Affairs in making detailed provisions for the functions, duties and organizational structure of
local administrative agencies for land and duties of cadastral officials in communes, wars and
townships.

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Article 5 Implementation of land-related services

1. Land registration offices:

(a) A land registration office is a public professional unit under the Department of Natural
Resources and Environment established or re-organized by the provincial people's committee
by merging the land use right registration office under the Department of Natural Resources
and Environment and existing local land use right registration offices under Divisions of Natural
Resources and Environment; has legal entity status, an office and a separate seal, and is
permitted to open an account for operation in accordance with law.

A land registration office has the functions of conducting registration of land and other assets
attached to land; preparing, managing, updating and amending cadastral files and land
database for consistency; carrying out land statistics and inventory; and providing information
on land as stipulated to organizations and individuals in need.

(b) A land registration office has branches in districts, towns and provincial cities. Land registration
office branches may carry out the functions, duties and powers of land registration offices as
decided by the provincial people's committee;

(c) The budget for operation of land registration offices is implemented in accordance with the law
on finance of public professional units.

2. Land fund development organization:

(a) A land fund development organization is a public professional unit established in accordance
with the law on establishment, re-organization and dissolution of public professional units; has
legal entity status, an office and a separate seal, is permitted to open an account for operation
in accordance with law; and has branches in districts, towns and provincial cities. In localities
where there are and fund development organizations at both provincial land district levels, the
land fund development organization is re-organized by merging the existing provincial and
district land fund development organizations.

A land fund development organization has the functions of creating, developing, managing and
exploiting the land fund; organizing implementation of compensation, assistance and
resettlement; receiving transfers of land use rights by organizations, family households and
individuals; organizing auctions of land use rights and implementing other services.

(b) The budget for operation of land fund development organizations is implemented in
accordance with the law on finance of public professional units.

3. Service activities related to land, comprising:

(a) Land survey and assessment; land improvement;

(b) Preparation of land use plans and planning;

(c) Land measurement, formulation of cadastral maps and cadastral files, setting up land
database, preparation of files for issuance of certificates of land use right, ownership of
residential house and other assets attached to land ["single land certificates"];

(d) Consultancy for determination of land price;

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 (dd) Auction of land use right;

(e) Compensation, assistance and resettlement.

4. The Ministry of Natural Resources and Environment presides over coordination with the Ministry of
Home Affairs and the Ministry of Finance in making detailed provisions for the functions, duties and
organizational structure of land registration offices and land fund development organizations.

5. Land registration offices and land fund development organizations must be established or re-
organized by 31 December 2015. Pending the establishment or re-organization of these
organizations pursuant to clauses 1 and 2 of this article, established land registration offices and land
fund development organizations may continue operation according to their assigned functions and
duties.

Article 6 Land development funds

1. A land development fund as stipulated in article 111 of the Law on Land is established in accordance
with the law on establishment, re-organization and dissolution of public professional units, or
authorized to the development investment fund or another local financial fund by 1 January 2015. A
land development fund is a State financial organization under the provincial people's committee, has
legal entity status, is an independent cost accounting entity, has a separate seal, and is permitted to
open accounts at the State Treasury and credit institutions for operation in accordance with law.

Land development funds established before 1 July 2014 continue to operate in accordance with this
Decree.

2. The capital source of land development funds is allocated by the State budget as part of the local
State budget estimate, is granted upon establishment, periodically supplemented on an annual basis,
and raised from other sources comprising: Capital from aids, sponsorship, assistance or entrusted
management of international organizations, domestic and foreign organizations and individuals under
aid, sponsorship or entrusting projects or programs in accordance with law.

Based on the annual land use plan, the provincial people's committee is responsible to submit to the
people's council at the same level for decision the amount of State budget capital granted to a land
development fund upon establishment, and the specific amount to be supplemented to land
development fund annually as appropriate to the actual local circumstance.

3. Land development funds are used to advance fund to land fund development organizations and other
organizations for implementation of compensation, site clearance and creation of land funds
according to land use zoning and land use planning approved by a competent agency.

4. The Ministry of Finance submits to the Prime Minister for issuance standard regulations on
management and use of land development funds; provides for the allocation, accounting and
finalization of funds, raising and use of capital sources of land development funds, and the
mechanism of authorization to the development investment fund or another local financial fund in the
case a land development fund is not established in accordance with regulations on budget
management and financial funds of the State.

Provincial people's committees, based on the provisions in clauses 1, 2 and 3 of this article, the
standard regulations on management and use of land development funds of the Prime Minister and
other relevant provisions, decide on establishment or amendment of the functions and duties of
previously established land development funds and decide on the organizational structure, capital

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 source and operation mechanism of land development funds as appropriate to the actual
circumstance in their localities.

CHAPTER 3

Land Use Zoning And Land Use Planning

Article 7 Preparation and amendment of land use zoning and land use planning

1. The responsibilities to determine land use requirements in preparation and amendment of land use
zoning and land use planning at the national level are provided as follows:

(a) Ministries and branches determine land use requirements and propose projects of the
branches and fields they are in charge of according to provincial administrative units; provincial
people's committees determine land use requirements of their localities;

(b) Ministries, branches and provincial people's committees send land use requirements to the
Ministry of Natural Resources and Environment within a time-limit of 45 (forty five) days from
the date of receipt of the written request from the Ministry of Natural Resources and
Environment for registration of land use requirements;

(c) The Ministry of Natural Resources and Environment compiles and balances land use
requirements, and plans allocation of national land use criteria to each socio-economic zone
and provincial administrative unit.

2. Provincial land use zoning and land use planning:

(a) Responsibilities to determine land use requirements in preparation and amendment of land
use zoning and land use planning at the provincial level:

Departments and branches determine land use requirements and propose land use projects
under provincial land use criteria according to district administrative units; district people's
committees determine land use requirements of their localities;

Departments, branches and district people's committees send land use requirements to the
Department of Natural Resources and Environment within a time-limit of 30 (thirty) days from
the date of receipt of the written request from the Department of Natural Resources and
Environment for registration of land use requirements

The Department of Natural Resources and Environment plans allocation of national land use
criteria and determines the list of projects in national land use zoning and land use planning to
each district administrative unit; compiles and balances land use requirements, and plans
allocation of provincial land use criteria to each district administrative unit.

(b) Land use criteria in provincial land use zoning comprise land use criteria by land types and
land use criteria by functional zones.

Land use criteria by land types comprise land use criteria by land types allocated by the
national land use zoning to the provincial level and land use criteria by land types determined
by the provincial level. Land use criteria by land types as determined by the provincial level
comprise land for planting perennial crops, land for planting other annual crops; residential
land in rural areas; residential land in urban areas; land for construction of headquarters of

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 agencies; land for construction of headquarters of professional units; land for construction of
diplomatic establishments; land for industrial clusters; land for commerce and services; land
with establishments of non-agricultural producers; land used for mineral operations; land for
development of provincial infrastructure; land for religious establishments; and land for
cemeteries, for graves, funeral homes and crematoria.

Land use criteria by function zones comprise agricultural production zones; forestry zones;
biodiversity and natural conservation zones; industrial development zones; urban zones;
commerce-service zones, and rural residential zones.

(c) Where it is necessary to change the scope, location and number of projects or works in the
same type of land without changing the land use criteria and zones by use functions in an
approved land use zoning, the provincial people's committee is responsible to submit to the
people's council at the same level for approval, and to direct updating to district land use
zoning and land use planning for organization of implementation.

3. District land use zoning and land use planning:

(a) Responsibilities to determine land use requirements in formulation and amendment of land use
zoning and land use planning at the district level:

Divisions and sections at the district level determine land use requirements and propose land
use projects in the list of district land use criteria according to commune administrative units;
people's committees of communes, wards, townships (hereinafter referred to as commune
people's committees) determine land use requirements of their localities.

Divisions and sections at the district level and commune people's committees send land use
requirements to the Division of Natural Resources and Environment within a time-limit of 30
(thirty) days from the date of receipt of the written request from the Division of Natural
Resources and Environment for registration of land use requirements.

The Division of Natural Resources and Environment determines provincial land use criteria
and projects in the provincial land use zoning and land use planning already allocated to the
district level to each commune administrative unit; compiles and balances land use
requirements, and plans allocation of district land use criteria to each commune administrative
unit.

(b) Land use criteria in district land use zoning comprise land use criteria by land types and land
use criteria by functional zones.

Land use criteria by land types comprise land use criteria by land types allocated by the
provincial land use zoning to the district level and land use criteria by land types determined by
the district and commune levels. Land use criteria by land types as determined by the district
and commune levels comprise other agricultural land; land for manufacture of construction
materials and ceramics; land for development of district and commune infrastructure; land for
community activities, public recreation and entertainment zones; sacred land; land for rivers,
rivulets, canals, channels, streams and water surface for special use; and other non-
agricultural land..

Land use criteria by function zones comprise specialized zones for wet rice cultivation;
specialized zones for planting perennial industrial crops; zones for protective forest land,
specialized use forest land and production forest land; industrial zones, industrial clusters;

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 commerce-service - urban zones; tourist zones; zones for rural non-agricultural production,
traditional craft villages and residential purpose.

4. During the process of organization of formulation of national defence and security land use zoning
and land use planning, the Ministry of Defence and the Ministry of Public Security are responsible to
coordinate with provincial people's committees in determining the locations and areas of types of
land used for national defence and security purposes as provided in article 61 of the Law on Land in
their localities.

5. The Ministry of Natural Resources and Environment makes detailed provisions for the order and
content of formulation and amendment of land use zoning and land use planning.

Article 8 Obtaining opinions on land use zoning and land use planning

1. A file for obtaining opinions on land use zoning and land use planning at the national, provincial and
district levels comprise:

(a) Summary report on land use zoning and land use planning, including land use criteria, and list
of projects and works planned for implementation during the period of land use zoning and
land use planning;

(b) Map of land use zoning and land use planning.

2. General reports which include and explain the public's opinions on land use zoning and land use
planning are published on the websites of the General Department of Land Administration, the
Ministry of Natural Resources and Environment for the national level; website of the provincial
people's committee for provincial land use zoning and land use planning, and website of the district
people's committee for district land use zoning and land use planning.

3. Opinions of provincial people's committees on national defence and security land use zoning and
land use planning are obtained from provincial people's committees as follows:

(a) The Ministry of Defence and the Ministry of Public Security send the file for obtaining opinions
on the draft national defence and security land use zoning and land use planning to provincial
people's committees. Within a time-limit of 30 (thirty) days from the date of receipt of the file,
provincial people's committees are responsible for sending their opinions to the Ministry of
Defence and the Ministry of Public Security;

(b) The Ministry of National Defence and the Ministry of Public Security compile, receive and
explain opinions of provincial people's committees and refine their land use zoning and land
use planning options before submission to the Government for approval.

Article 9 Order and procedures for evaluation and approval of land use zoning and land use planning

1. Order and procedures for evaluation and approval of provincial land use zoning and land use
planning:

(a) Provincial people's committees send land use zoning and land use planning files to the
Ministry of Natural Resources and Environment for organization of evaluation;

(b) Within a time-limit not exceeding five days from the date of receipt of a full and proper file, the
Ministry of Natural Resources and Environment is responsible for sending the land use zoning

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 and land use planning file to members of the council for land use zoning and land use planning
evaluation for comments;

(c) Where necessary, within a time-limit not exceeding ten days from the date of receipt of a full
and proper file, the council for land use zoning and land use planning evaluation organizes a
site examination or survey of zones the land use purposes of which are planned for
conversion, especially the zones where the use purposes of land for rice cultivation, protective
forest land or specialized use forest land are to be converted;

(d) Within a time-limit not exceeding fifteen (15) days from the date of receipt of a full and proper
file, members of the council for land use zoning and land use planning evaluation sends their
written comments to the Ministry of Natural Resources and Environment;

(dd) Within a time-limit not exceeding ten days from the end date of the period for obtaining
comments, the Ministry of Natural Resources and Environment is responsible for organizing a
meeting of the council for land use zoning and land use planning evaluation and sending a
notice on land use zoning and land use planning evaluation results to provincial people's
committees;

(e) Provincial people's committees complete land use zoning and land use planning files, submit
them to provincial people's councils for approval; and send same to the Ministry of Natural
Resources and Environment for submission for approval;

(g) Within a time-limit not exceeding ten days from the date of receipt of a full and proper file, the
Ministry of Natural Resources and Environment submits provincial land use zoning and land
use planning to the Government for approval.

2. Order and procedures for evaluation and approval of district land use zoning:

(a) District people's committees send land use zoning files to the Department of Natural
Resources and Environment for organization of evaluation;

(b) Within a time-limit not exceeding five days from the date of receipt of a full and proper file, the
Department of Natural Resources and Environment is responsible for sending the land use
zoning file to members of the council for land use zoning and land use planning evaluation for
comments;

(c) Where necessary, within a time-limit not exceeding ten days from the date of receipt of a full
and proper file, the council for land use zoning and land use planning evaluation organizes a
site examination or survey of zones the land use purposes of which are planned for
conversion, especially the zones where the use purposes of land for rice cultivation, protective
forest land or specialized use forest land are to be converted;

(d) Within a time-limit not exceeding fifteen (15) days from the date of receipt of a full and proper
file, members of the council for land use zoning and land use planning evaluation send their
written comments to the Department of Natural Resources and Environment;

(dd) Within a time-limit not exceeding ten days from the end date of the period for obtaining
comments, the Department of Natural Resources and Environment is responsible for
organizing a meeting of the council for land use zoning and land use planning evaluation and
sending a notice on land use zoning and land use planning evaluation results to district
people's committees;

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 (e) District people's committees complete land use zoning files, submit them to district people's
councils for approval; and send same to the Department of Natural Resources and
Environment for submission for approval;

(g) Within a time-limit not exceeding ten days from the date of receipt of a full and proper file, the
Department of Natural Resources and Environment submits district land use zoning to the
provincial people's committee for approval.

3. The order and procedures for evaluation and approval of amendments to provincial land use zoning
and land use planning are implemented in accordance with the provisions in clause 1 of this article;
and the order and procedures for evaluation and approval of amendments to district land use zoning
are implemented in accordance with the provisions in clause 2 of this article.

4. Order and procedures for evaluation and approval of district annual land use planning:

rd
(a) In the 3 quarter every year, district people's committees send the annual land use planning
for the subsequent year to the Department of Natural Resources and Environment for
organization of evaluation;

(b) Within a time-limit not exceeding five days from the date of receipt of a full and proper file, the
Department of Natural Resources and Environment is responsible for sending the district
annual land use planning file to members of the council for land use zoning and land use
planning evaluation for comments;

(c) Within a time-limit not exceeding fifteen (15) days from the date of receipt of a full and proper
file, members of the evaluation council send their written comments to the Department of
Natural Resources and Environment;

(d) Within a time-limit not exceeding five days from the end date of the period for obtaining
comments, the Department of Natural Resources and Environment is responsible for
organizing a meeting of the council for land use planning evaluation and sending a notice on
land use planning evaluation results to district people's committees for file completion;

(dd) The Department of Natural Resources and Environment is responsible for compiling the list of
projects for which land resumption is required as provided in article 62.3 of the Law on Land to
report to the provincial people's committee for submission to the provincial people's council for
approval at the same time with the decision on the amount of State budget funding granted for
compensation and site clearance at the year-end meeting session of the provincial people's
council;

(e) Based on the completed district annual land use planning file and the resolution of the
provincial people's council, the Department of Natural Resources and Environment makes a
submission to the provincial people's committee to complete approval before 31 December.

5. Order and procedures for evaluation and approval of national defence and security land use zoning
and land use planning:

(a) The Ministry of National Defence and the Ministry of Public Security sends land use zoning
and land use zoning files to the Ministry of Natural Resources and Environment for
organization of evaluation;

(b) Within a time-limit not exceeding five days from the date of receipt of a full and proper file, the
Ministry of Natural Resources and Environment is responsible for sending the land use zoning

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 and land use zoning file to members of the council for land use zoning and land use planning
evaluation for comments;

(c) Within a time-limit not exceeding fifteen (15) days from the date of receipt of the file, members
of the council for land use zoning and land use planning evaluation send their written
comments to the Ministry of Natural Resources and Environment

(d) Within a time-limit not exceeding ten days from the end date of the period for obtaining
comments, the Ministry of Natural Resources and Environment is responsible for organizing a
meeting of the council for land use zoning and land use planning evaluation and sending a
notice on land use zoning and land use planning evaluation results to the Ministry of National
Defence and the Ministry of Public Security.

(dd) The Ministry of National Defence and the Ministry of Public Security complete land use zoning
and land use zoning files and send same to the Ministry of Natural Resources and
Environment for submission for approval.

(e) Within a time-limit not exceeding ten days from the date of receipt of a full and proper file, the
Ministry of Natural Resources and Environment submits to the Government for approval of the
national defence land use zoning and land use planning and security land use zoning and land
use planning.

Article 10 Conditions for organizations carrying out consultancy on formulation of land use zoning and
land use planning

1. Professional organizations and enterprises may carry out consultancy operation on formulation of
land use zoning and land use planning upon satisfaction of all the following conditions:

(a) Having the function of consultancy on formulation of land use zoning and land use planning;

(b) Having at least five individuals satisfying the conditions stipulated in clause 2 of this article.

2. Individuals may practise consultancy on formulation of land use zoning and land use planning in an
organization having the function of consultancy on formulation of land use zoning and land use
planning upon satisfaction of the following conditions:

(a) Having capacity for civil acts;

(b) Having a graduate degree or post-graduate degree majoring in cadastral or land management,
or majoring in other branches relating to land use zoning and land use planning;

(c) Having worked in the field of land use zoning, land use planning and other specialized
planning for 24 (twenty four) months or more.

Article 11 Implementation of land use zoning and land use planning

1. Provincial and district people's committees are responsible to review planning and zoning of
branches, fields and localities using land to ensure compliance with land use zoning and land use
planning already decided on and approved by a competent State agency.

2. Provincial people's committees directs and inspects district and commune people's committees in
identifying specifically the area and boundary of land for rice cultivation, specialized use forest land
and protective forest land on site.

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 Provincial people's committees are responsible before the Prime Minister for protection of land for
rice cultivation, specialized use forest land and protective forest land already identified in land use
zoning and land use planning.

3. The Ministry of Natural Resources and Environment is responsible before the Government for
inspecting the implementation of land use criteria in national and provincial land use zoning and land
use planning, and supervises localities, ministries and branches in their implementation of land use
zoning and land use planning.

4. In the case where, upon the end of a land use zoning period, the land use criteria in the land use
zoning and land use planning have not been used up and are compliant with the socio-economic
development master zoning of the same level already approved by a competent State agency, their
implementation may be continued until the land use zoning of the subsequent period is approved, but
within a time-limit not exceeding 12 (twelve) months from the end of the [previous] land use zoning
period.

Article 12 Dealing with a number of arising issues on land use zoning and land use planning after 1 July
2014

1. In the case of localities where the land use zoning to 2020 and land use planning of the first 5 year
period (2011—2015) of the district and commune levels have been approved by a competent State
agency before 1 July 2014, the same may be used to formulate the land use planning for 2015 at the
district level, to adjust the district land use zoning to 2020, and to formulate annual land use planning
in accordance with the Law on Land.

2. In the case of localities where the land use zoning to 2020 and land use planning of the first 5 year
period (2011—2015) of the district level have been approved by a competent State agency but
commune land use zoning and land use planning have not been approved before 1 July 2014,
commune land use zoning and land use planning shall not be formulated. Land use zoning to 2020,
land use planning of the first 5 year period (2011—2015) of the district level and products of
commune land use zoning and land use planning projects of the communes currently formulating
land use zoning and land use planning are used to formulate the district land use planning for 2015,
to adjust the land use zoning to 2020 and to formulate annual land use planning in accordance with
the Law on Land.

CHAPTER 4

Land resumption, Allocation of Land, Lease of Land and Conversion of Land Use Purpose

Article 13 Obtaining opinions of ministries on land use projects in marine islands, border and coastal
communes, wards and townships

1. In the case of foreign direct investment projects in marine islands, border and coastal communes,
wards and townships not in the category of investment to be approved and decided by the National
Assembly or the Prime Minister, before considering and approving the investment policy, the
provincial people's committee sends a written request for opinions of ministries in accordance with
the following provisions:

(a) The Ministry of National Defence, the Ministry of Public Security and the Ministry of Foreign
Affairs where the land to be used is on a marine island or in a border commune, ward or
township;

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 (b) The Ministry of National Defence where the land to be used is in a coastal commune, ward or
township adjoining an area of land used for national defence purposes, except where the
prohibited area has been defined in accordance with regulations;

(c) The Ministry of Public Security where the land to be used is in a coastal commune, ward or
township adjoining an area of land used for security purposes.

2. Within a time-limit not exceeding 20 (twenty) days from the date of receipt of a written request for
opinion, the Ministry of National Defence, the Ministry of Public Security and the Ministry of Foreign
Affairs send their written opinions to the provincial people's committee.

3. Where a project stipulated in clause 1 of this article uses land for rice cultivation, specialized use
forest land or protective forest land as stipulated in article 58.1(a) of the Law on Land, opinions from
ministries are obtained before submission to the Prime Minister.

Article 14 Detailed provisions on conditions for people allocated with land by, leasing land from and
allowed to convert land use purpose by the State for implementation of investment projects

1. Projects using land to which the conditions in article 58.3 of the Law on Land must apply comprise:

(a) Investment projects for construction of residential houses for sale, for leasing, or for both sale
and leasing in accordance with the law on residential housing;

(b) Investment projects for business in real property attached to land use right in accordance with
the law on real property business;

(c) Production or business projects not using capital from the State budget.

2. The conditions on financial capacity to ensure land use according to the schedule of an investment
project are provided as follows:

(a) To have their own capital for project implementation of no less than 20% of the total
investment in the case of projects using under 20 (twenty) hectares of land; and no less than
15% of the total investment in the case of projects using 20 (twenty) hectares of land or more;

(b) To be able to raise funds for project implementation from credit institutions, foreign bank
branches and other organizations and individuals.

3. Determination that people allocated with land by, leasing land from or allowed to convert land use
purpose by the State for implementation of investment projects do not breach provisions of the law
on land in the case of current use of land allocated or leased by the State for implementation of
another project is carried out based on the following:

(a) Results of dealing with breaches of the law on land of projects in the locality stored at the
Department of Natural Resources and Environment.

(b) Announcements on breaches of the law on land and results of dealing with breaches of the law
on land on the websites of the General Department of Land Administration and the Ministry of
Natural Resources and Environment in relation to projects in other localities.

4. Evaluation of the conditions stipulated in this article is carried out at the same time with the
evaluation of land use requirements of investors upon issuance of investment certificates, evaluation

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 of investment projects, formulation of eco-technical reports or investment approval in accordance
with the law on investment and the law on construction in the cases of allocation or lease of land not
via auction of land use right or conversion of land use purpose. In the case of auction of land use
right, evaluation is carried out before the auction session of land use right is organized.

Article 15 Events of force majeure affecting land use schedule of investment project and time for
calculation of the 24 month extension where land is not put into use or is used behind
schedule

1. Events of force majeure affecting the land use schedule of an investment project where land is
allocated or leased by the State as stipulated in article 64.1(i) of the Law on Land comprise:

(a) Direct impacts of natural calamities or environmental disasters;

(b) Direct impacts of fire or epidemics;

(c) Direct impacts of wars;

(d) Other events of force majeure as decided by the Prime Minister.

2. The time for calculation of the 24 month extension where land is not put into use or is used behind
schedule is stipulated as follows:

(a) If an investment project does not put land into use during a period of 12 (twelve) consecutive
months from the takeover of the land on site, the investor is permitted to extend for 24 (twenty
th
four) months from the 13 month from the takeover of the land on site;

(b) If the land use of an investment project is 24 (twenty four) months behind the schedule stated
in the investment project from the takeover of the land on site, the time for calculation of the 24
th
(twenty four) month extension starts from the 25 month from the time the investment and
construction must be completed.

In the case of a project where land is allocated or leased according to a schedule, the 24
(twenty four) month land use extension is applied to each portion of land [allocated or leased];
th
the time to calculate the 24 (twenty four) month land use extension starts from the 25 month
from the time the investment and construction on such portion of land must be completed.

3. Provincial people's committees are responsible for organizing review, resolution and public
announcement on their websites of investment projects which do not put land into use for a period of
12 (twelve) consecutive months or which use land 24 (twenty four) months behind the schedule
stated in investment projects; projects which have been granted extension; projects the land use of
which is behind schedule due to force majeure; and for providing information for public
announcement on the websites of the Ministry of Natural Resources and Environment and the
General Department of Land Administration.

Article 16 Use of land for production and business purposes through purchase of assets attached to
land, receipt of transfer or lease of land use right, and receipt of capital contribution by land
use right

The use of land for production and business purposes through purchase of assets attached to land, receipt
of transfer or lease of land use right, and receipt of capital contribution by land use right must ensure the
following principles:

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1. Complying with the district annual land use planning which has been approved and announced.

2. There is no more land fund the site of which has been cleared suitable to use for such production or
business purposes in the locality, except for projects in the fields and localities investment in which is
encouraged.

3. Where the investor receives transfer of a land use right and the land use purpose must be converted,
[the conversion] may only be carried out after the competent people's committee has issued written
permission for conversion of land use purpose [and/or] for adjustment of the land use duration to
match the use of the land for production or business.

4. Where the land for implementation of a production or business project contains an area of land the
use right of which may not be transferred, leased or contributed as capital by the person currently
using land in accordance with the law on land, the investor may agree to purchase the assets
attached to the land from the person currently using land . The State carries out land resumption,
converts the land use purpose and leases the land to the investor for project implementation. The
content of the contract for sale and purchase of assets attached to land must clearly demonstrate the
voluntary return of the land by the asset seller for the State to resume the land and lease it to the
asset purchaser.

Article 17 Notice on land resumption, composition of team for enforcement of land resumption, budget
for enforcement of land resumption and resolution of complaints arising from enforcement of
land resumption

Notice on land resumption, composition of teams for enforcement of land resumption, budget for
enforcement of land resumption and resolution of complaints arising from enforcement of land resumption
as stipulated in articles 61 and 62 of the Law on Land are implemented in accordance with the following
provisions:

1. The natural resources and environment agency submits to the people's committee of the same level
for approval the plan for land resumption, survey, investigation, measuring and tallying with the
following content:

(a) Reason for land resumption;

(b) Area and location of the land to be resumed based on the existing cadastral file or the detailed
construction zoning approved by the competent State agency; where land is resumed
according to a schedule, the schedule of land resumption is specified;

(c) Plan for survey, investigation, measuring and tallying;

(d) Intended plan for removal and arrangement of resettlement;

(dd) Assignment of the duties of formulation and implementation of plans for compensation,
assistance and resettlement.

2. The notice on land resumption contains the content provided in clauses 1(a), (b), (c) and (d) of this
article.

3. The composition of a team for enforcement of land resumption contains:

(a) Chairman or vice chairman of the district people's committee as the head of the team;

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 (b) Members being representatives of finance, natural resources and environment, inspection,
justice and construction agencies at the district level; the commune Vietnam Fatherland's
Front; the organization in charge of compensation and site clearance, the commune people's
committee where the land is located and a number of other members as decided by the
chairman of the district people's committee.

4. Based on the plan for enforcement of land resumption, the police force formulate a plan for protection
of order and safety during the organization of implementation of the decision on land resumption
enforcement.

5. Upon enforcement of land resumption, if the enforcee refuses to receive assets as stipulated in
article 71.4(c) of the Law on Land, the team for enforcement of land resumption hands over the
assets to the commune people's committee for asset preservation in accordance with law.

6. People whose land is resumed and related organizations and individuals have the right to complain
against the land resumption in accordance with the law on complaints.

Pending a decision dealing with the complaint, the decision on land resumption and decision on
enforcement of land resumption must continue to be implemented. Where a competent State agency
dealing with a complaint concludes that the land resumption is illegal, the enforcement must be
ceased if it has not been completed; the decision on land resumption issued must be cancelled, and
compensation must be made for any damage caused by the decision on land resumption (if any).

In the case land resumption involves the rights and interests of other organizations or individuals in
land use in accordance with other relevant laws, the State proceeds with land resumption and
enforcement of the decision on land resumption in accordance with regulations without having to wait
for complete resolution of the rights and interests relating to the land use between the person whose
land is resumed and such organizations or individuals in accordance with relevant laws.

CHAPTER 5

Land Registration, Issuance of Certificates of Land Use Right, Ownership of Residential Houses and
Other Assets Attached to Land ["Single Land Certificates"]

Article 18 Other documents on land use right stipulated in article 100.1(g) of the Law on Land

Other documents formulated before 15 October 1993 as stipulated in article 100.1(g) of the Law on Land
containing the name of land users comprise:

1. Registers of land inventory and land management registers formulated before 18 December 1980.

2. One of the documents formulated during the process of land and field registration in accordance with
Instruction 229-TTg dated 10 November 1980 of the Prime Minister on measurement, classification
and registration of statistics of land and field in the whole country currently under the management of
State agencies; comprising:

(a) Minutes of approval of the commune land and field registration council determining that the
person currently using land is legal;

(b) List of legal land use cases made by the commune people's committee, the commune land
and field registration council, or the provincial or district administrative agency for land;

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 (c) Application for registration of land and field use right where the documents provided in sub-
clauses (a) and (b) of this clause are not available.

3. Project, list or document on moving residents to new economic zones or moving residents for
resettlement approved by a provincial or district people's committee or a competent State agency.

4. Documents of State owned forestry or agricultural farm on allocation of land to farm employees to
build residential houses (if any).

5. Documents with content on ownership of residential houses or works; on construction or repair of

residential houses or works certified or permitted by a provincial or district people's committee or the
State administrative agency for residential housing and construction.

6. Document on temporary allocation of land by a provincial or district people's committee; application

for land use approved or consented by a commune people's committee or agricultural cooperative
before 1 July 1980 or approved or consented by a provincial or district people's committee.

7. Documents of a competent State agency on allocation of land to an agency or organization for their
staff and employees to build their own residential houses, or for construction of residential houses to
allocate to their staff and employees with capital not from the State budget, or with funds contributed
by their staff and employees. In the case residential houses were built with capital from the State
budget, such residential house fund must be handed over to the local administrative agency for
residential housing for management and business in accordance with law.

8. Copies of the documents stipulated in article 100 of the Law on Land and the documents provided in
clauses 2, 3, 4, 5, 6 and 7 of this article [must be] certified by the provincial or district people's
committee or the specialized administrative agency at the provincial or district level if the original of
such documents has been lost and the State agency no longer archives administration files for
issuance of such types of document.

Article 19 Cases where certificates of land use right, ownership of residential house and assets attached
to land are not issued

1. Organizations and resident communities allocated with land by the State for administration in the
cases provided in article 8 of the Law on Land.

2. People currently administering or using agricultural land belonging to the public land fund of a
commune, ward or township.

3. Lessees or sub-lessees of land users, except for the case of lease or sub-lease from investors
constructing and doing business in infrastructure in industrial zones, industrial clusters, export-
processing zone, hi-tech zones and economic zones.

4. People receiving contracts to use land in agricultural farms, forestry farms, agro-forestry enterprises,
management boards of protective forests or management boards of specialized use forests.

5. People currently using land who do not satisfy all the conditions for issuance of certificates of land
use right, ownership of residential house and assets attached to land.

6. Land users who satisfy all the conditions for issuance of certificates of land use right, ownership of
residential house and assets attached to land but there has been a notice or decision on land
resumption of the competent State agency.

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7. Organizations and commune people's committees allocated with land by the State without collecting
land use fees to use for construction of public works including transport roads, water pipeline works,
petroleum or gas pipeline work; power transmission lines; information transmission lines; outdoor
entertainment and recreation zones; graveyards and cemeteries not for business purposes.

Article 20 Issuance of single land certificates to land to households or individuals currently using land
without land use right documents not in breach of the law on land

The issuance of single land certificates (recognition of land use right) to households and individuals
currently and stably using land from before 1 July 2004 who do not have one of the documents provided in
article 100 of the Law on Land and article 18 of this Decree and do not fall within the category provided in
article 101.1 of the Law on Land and article 23 of this Decree is carried out as follows:

1. Land use right is recognized as follows for households and individuals using land on which there are
residential houses or other construction works from before 15 October 1993, whose land use is now
certified by the commune people's committee where the land is located as being not in dispute;
whose land use at the time of submission of an application file for issuance of a certificate of land use
right, ownership of residential house and assets attached to land complies with the land use zoning,
detailed zoning for urban construction, or zoning for construction of rural residential areas or zoning
for new rural construction approved by a competent State agency (hereinafter referred to as zoning),
or does not comply with zoning but the land had been used before the time of zoning approval, or the
land used is in an area where no zoning is yet available:

(a) In respect of a parcel of land with a residential house, if the area of the parcel of land is less
than or equal to the quota on residential land to be recognized provided in article 103.4 of the
Law on Land (hereinafter referred to as quota on recognition of residential land), the entire
area of the parcel of land is recognised as residential land.

In respect of a parcel of land with a residential house, if the area of the parcel of land is larger
than the quota on recognition of residential land, the area of residential land to be recognized
is equal to the quota on recognition of residential land; if the area of land for construction of the
residential house and life-serving works is larger than the quota on recognition of residential
land, the residential land to be recognised is the actual area used for construction of such
residential house and life-serving works.

(b) In respect of a parcel of land with construction works for production, commerce or non-
agricultural services, the land for establishments of non-agricultural production or land for
commerce or services is recognized according to the actual area used for construction of such
works; the form of land use is recognized as allocation of land with collection of land use fees,
and the land use duration is stable and long-term;

(c) In respect of a parcel of land which contains both residential houses and construction works
for production, commerce or non-agricultural services, if the area of the parcel of land is larger
than the quota on recognition of residential land, the area of residential land is recognized in
accordance with sub-clause (a) of this clause; the remaining area on which construction works
for production, commerce or non-agricultural services have been built is recognized in
accordance with sub-clause (b) of this clause;

(d) The remaining area of land after determination in accordance with sub-clauses (a), (b) and (c)
of this clause is determined as agricultural land and recognized in accordance with clause 5 of
this article.

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2. Land use right is recognized as follows for households and individuals currently using land with
residential houses, other construction works during the period from 15 October 1993 to before 1 July
2004 who are now certified by commune people's committees as having no dispute over land use,
which complies with zoning or does not comply with zoning but the land had been used before the
time of zoning approval, or the land used is in an area where no zoning is yet available; and there is
no notice or decision on land resumption of a competent State agency in cases where land must be
resumed:

(a) In respect of a parcel of land where the area of the parcel of land is less than or equal to the
quota on residential land to be allocated in articles 143.2 and 144.4 of the Law on Land
(hereinafter referred to as quota on allocation of residential land), the entire area of the parcel
of land is recognized as residential land.

In respect of a parcel of land with a residential house, if the area of the parcel of land is larger
than the quota on allocation of residential land, the area of residential land recognized is equal
to the quota on allocation of residential land; if the area of land for construction of the
residential house and life-serving works is larger than the quota on allocation of residential
land, the area of residential land to be recognised is the actual area used for construction of
such residential house and life-serving works;

(b) In respect of a parcel of land with construction works for production, commerce or non-
agricultural services, the land for establishments of non-agricultural production or land for
commerce or services is recognized in accordance with clause 1(b) of this article;

(c) In respect of a parcel of land which contains both residential houses and construction works
for production, commerce or non-agricultural services, if the area of the parcel of land is larger
than the quota on allocation of residential land, the area of residential land, land for
establishments of non-agricultural production or land for commerce or services is recognized
in accordance with sub-clauses (a) and (b) of this clause;

(d) The remaining area of land after determination in accordance with sub-clauses (a), (b) and (c)
of this clause is determined as agricultural land and recognized in accordance with clause 5 of
this article.

3. In the case one parcel of land is jointly used by many households or individuals, the quota on
residential land provided in clauses 1 and 2 of this article is calculated as the total quotas on
residential land of such households and individuals.

In the case where one household or individual using many parcels of land with residential houses
originating from descent from their ancestors or receiving the transfer of a land use right originating
from descent from their ancestors is certified by the commune people's committee that such
household or individual has used land stably from before 15 October 1993 and does not breach the
law on land, the quota on residential land is determined in accordance with regulations for each such
parcel of land.

4. The provisions on local quotas on residential land to determine the area of residential land in the
cases provided in clauses 1, 2 and 3 of this article apply as stipulated at the time land users submit
proper files for registration and issuance of certificates of land use right, ownership of residential
house and assets attached to land.

5. Land use right is recognized as follows for family households and individuals being current stable
users of land in the agricultural land category since before 1 July 2004 which is now certified by
commune people's committees as land not being in dispute:

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 (a) Family households and individuals directly engaged in agricultural production are issued with
certificates of land use right, ownership of residential house and assets attached to land in the
form of land allocation by the State without collection of land use fees in respect of the area of
land currently in use, but not exceeding the quota on allocation of agricultural land stipulated in
article 129 of the Law on Land; the remaining area of agricultural land (if any) must be
converted to land leased from the State;

(b) Family households and individuals not directly engaged in agricultural production are issued
with certificates of land use right, ownership of residential house and assets attached to land in
the form of land lease from the State in respect of the area of land currently in use; the land
lease duration is implemented in accordance with articles 126.2 and 210.4 of the Law on Land;

(c) In respect of agricultural land in the same parcel of land with a residential house and other
construction works which is not recognized as non-agricultural land as stipulated in clauses 1
and 2 of this article, family households and individuals currently using such land are issued
with certificates of land use right, ownership of residential house and assets attached to land
according to the current use purpose as stipulated in sub-clause (a) of this clause; if land users
request conversion of use to non-agricultural purposes, procedures for conversion of land use
purpose must be carried out and land use fees must be paid in accordance with law.

6. Financial obligations upon issuance of certificates of land use right, ownership of residential house
and assets attached to land in the cases stipulated in this article are performed in accordance with
law.

7. Family households and individuals currently using land in the cases provided in clauses 1, 2 and 5 of
this article and not satisfying the conditions for issuance of certificates of land use right, ownership of
residential house and assets attached to land are permitted to use land temporarily according to the
current status until the land is resumed by the State, and must declare and register land in
accordance with regulations.

Article 21 Grounds for determination of stable land use

1. Stable land use means the continuous use of land for a certain main purpose from the time land is
started to be used for that purpose until the time of issuance of the certificate of land use right,
ownership of residential house and assets attached to land or the time of the decision on land
resumption of the competent State agency in the case where no land use right certificate, certificate
of ownership of residential house and right to use residential land, or certificate of land use right,
ownership of residential house and assets attached to land (hereinafter referred to as certificate) has
been issued.

2. The time stable land use starts is determined based on the time and content related to the land use
purpose stated on one of the following documents:

(a) Receipt for payment of agricultural land use tax or land and housing tax;

(b) Minutes or decision on application of administrative penalty in land use, minutes or decision on
application of administrative penalty in construction of works attached to land;

(c) Decision or judgement of people's court which has taken effect, or decision on enforcement of
a judgement of the judgement enforcement agency which has been enforced regarding assets
attached to land;

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 (d) Decision on resolution of a land dispute by a competent State agency which has taken effect;
minutes of settlement of a land dispute signed by the parties and certified by a representative
of the commune people's committee where the land is located;

(dd) Decision on resolution of complaint or denunciation relating to land use of a competent State
agency;

(e) Document of permanent residential household registration or long term temporary residence
registration at the residential house attached to the residential land; people's identity card or
birth certificate, power or water or other payment bills which states the address of the
residential house on the registered parcel of land;

(g) Documents on allocation, distribution or grant of houses or land of agencies or organizations

assigned with land management and use by the State;

(h) Documents on purchase and sale of houses or other assets attached to land, or documents on
land purchase and sale, or transfer of land use right signed by the concerned parties;

(i) Maps, registers of land inventory, documents on land investigation and survey from time to
time;

(k) Declaration form for land and housing registration certified by the commune people's
committee at the time of declaration and registration.

3. In the case the land use time is inconsistent on the types of documents stipulated in clause 2 of this
article, the time stable land use starts is determined according to the document with the earliest date
of land use.

4. If one of the types of documents stipulated in clause 2 of this article is not available or such
document does not specify the time of document preparation or land use purpose, there must be
certification by the commune people's committee of the time land use starts and the land use
purpose based on the collection of opinions of people who resided in the residential area (hamlet,
village, mountainous village, mountainous hamlet or local resident group) where the land is located at
the same time as the time the land started to be used by the person requesting the certification.

Article 22 Dealing with and issuing single land certificates for family households or individuals using land
and having breached the law on land before 1 July 2014

1. In the case of illegal occupation or encroachment upon land in the safety protection corridor of public
works after the State has made announcements on and fastened markers of the protection corridor;
illegal occupation or encroachment upon land in roads, roadsides or pavements after the State has
made announcements on construction boundary markers; or illegal occupation or encroachment
upon land used for the purpose of construction of headquarters of agencies, professional works or
other public works, such land is resumed by the State to return to the relevant works without
issuance of a single land certificate for the area of land illegally occupied or encroached upon.

In the case amendments to land use zoning or construction zoning have been approved by the
competent State agency and the area of land illegally occupied or encroached upon is no longer
within the safety protection corridor of public works; not within the construction boundary markers of
transport roads; or not used for the purpose of headquarters of agencies, professional works or other
public works, people currently using land are considered for issuance of single land certificate and
must perform financial obligations in accordance with law.

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2. The cases of using land illegally occupied or encroached upon which was allocated by the State
without collection of land use fees to State owned forestry farms, agricultural farms, forest
management boards, forestry or agricultural centres, stations, enterprises or companies are dealt
with as follows:

(a) In the case the land currently used is land illegally occupied or encroached upon in the zoning
for specialized use forest or protective forest protection and development, the provincial
people's committee instructs resumption of the land illegally occupied or encroached upon to
allocate to the forest management board for management and use. Current users of the land
illegally occupied or encroached upon are considered by the forest management board for
contracting for forest protection and development in accordance with the law on forest
protection and development.

Where there is no forest management board, current users of land illegally occupied or
encroached upon are allocated with land by the State for the purpose of protective forest
protection and development, and are issued with single land certificate.

(b) In the case the land currently used is land illegally occupied or encroached upon in land use
zoning for the purpose of construction of public infrastructure works, the provincial people's
committee instructs resumption of the land illegally occupied or encroached upon to allocate to
the investor upon commencement of the construction of such works.

People currently using land in breach may continue their use temporarily until the land is
resumed by the State, but the current land use status must be retained and declaration for
land registration must be made in accordance with regulations;

(c) In the case the land illegally occupied or encroached upon is currently used for agricultural
production or residential housing, and does not fall within the zoning for protection and
development of specialized use forests or protective forests, or for construction of public
infrastructure works, people currently using land are considered for issuance of single land
certificate.

In the case land illegally occupied or encroached upon from 1 July 2004 to before 1 July 2014
is currently used for agricultural production and such area of land is still determined as land
allocated to an agricultural farm or forestry farm for management and use, the provincial
people's committee resumes such land illegally occupied or encroached upon to return to the
agricultural farm or forestry farm.

3. The cases where the land illegally occupied or encroached upon is not yet used, or the land use
purpose is converted without permission granted by a competent State agency where such
permission is required in accordance with law, are dealt with as follows:

(a) In the case the land currently used is in the land use zoning for the purposes stipulated in
articles 61 and 62 of the Law on Land, the State resumes the land before implementing such
project or work.

People currently using land in breach may continue their use temporarily until the land is
resumed by the State, but the current land use status must be retained and declaration for
land registration must be made in accordance with regulations;

(b) In the case of current land use which does not fall within the case stipulated in sub-clause (a)
of this clause, the provincial people's committee instructs the review and amendment to land

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 use zoning; people currently using land are considered for issuance of single land certificate
certificates.

4. The land use right of family households and individuals currently using agricultural land which they
reclaimed themselves, which complies with the land use zoning approved by the competent State
agency and which is not in dispute is recognized by the State according to the quota stipulated by the
provincial people's committee; the area exceeding the quota stipulated by the provincial people's
committee (if any) must be converted to leased land.

5. People currently using land stably in the cases stipulated in clauses 1, 2(a), 2(c) and 3(b) of this
article where [such land] is not in dispute are issued with single land certificate certificates in
accordance with the following provisions:

(a) If a parcel of land contains a residential house, the area of residential land is recognized in
accordance with article 20.2(a) of this Decree;

(b) A parcel of land which contains a construction work other than a residential house is
recognized in accordance with articles 20.1(b) and 20.2(b) of this Decree;

(c) In respect of the area of land currently in use and determined as agricultural land, the land use
right is recognized in accordance with the regime stipulated for the case in article 20.5 of this
Decree;

(d) Land users issued with certificates of land use right, ownership of residential house and assets
attached to land as stipulated in this sub-clause must perform financial obligations in
accordance with law.

Article 23 Issuance of single land certificates to family households and individuals allocated [with land]
not in accordance with authority

1. Land allocated not in accordance with authority to family households and individuals as stipulated in
this article comprises the cases where the head of a resident area allocates land or the commune
people's committee allocates land not in accordance with their authority as stipulated in the law on
land from time to time; where organizations are allocated with land by or lease land from the State for
use but at their own discretion distribute to or arrange for their staff, employees or cooperative
members for use as residential houses and other purposes.

2. In the case the land allocated not in accordance with authority was used stably before 15 October
1993, is not in dispute and complies with zoning, the people currently using land are issued with
single land certificates for the allocated area of land in accordance with article 20.1 of this Decree.

3. In the case the land allocated not in accordance with authority which was used stably from 15
October 1993 to before 1 July 2014, is not in dispute and complies with zoning, single land
certificates are issued in accordance with article 20.2 of this Decree.

In the case a parcel of land has a garden or a pond attached to a residential house or other
construction works, the remaining area without a residential house or construction works on it is
determined as agricultural land in accordance with the current use status. If the land user requests
conversion of the use purpose to non-agricultural, procedures for conversion of land use purpose
must be performed.

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4. Land users issued with certificates of land use right, ownership of residential house and assets
attached to land as stipulated in clauses 2 and 3 of this article must perform financial obligations in
accordance with law.

5. The State does not issue certificates of land use right, ownership of residential house and assets
attached to land and resumes all the area of land allocated or leased not in accordance with authority
from 1 July 2014 onwards.

Article 24 Determination of the area of residential land upon issuance of single land certificates to family
households and individuals using land containing gardens or ponds attached to residential
houses

1. The land containing a garden or pond as stipulated in article 103 of the Law on Land applies to a
parcel of land containing a garden or pond attached to a residential house, regardless whether the
parcel of land is inside or outside a residential area, in the following cases:

(a) The parcel of land currently contains a residential house and a garden or a pond;

(b) The parcel of land is shown on the documents of land use right stipulated in articles 100.1,
100.2 and 100.3 of the Law on Land and article 18 of this Decree as containing both a
residential house and a garden or a pond, but the current status is that the entire area has
been converted to a residential house.

2. The types of document used as the basis for determination of the area of residential land in
accordance with clauses 2, 3 and 4 of article 103 of the Law on Land are documents demonstrating
one or more purposes which include a purpose of residential house, residential land or original
residential land.

3. In the case a parcel of land contains a garden or pond attached to a residential house formed before
18 December 1980, the current user has one of the types of documents on land use right stipulated
in clauses 1, 2 and 3 of article 100 of the Law on Land and article 18 of this Decree, and such
document does not clearly specify the area of residential land, the area of residential land recognized
for which land use fees are not payable is the actual area of the parcel of land if such area is smaller
than five times the quota on allocation of residential land, and is equal to five times the quota on
allocation of residential land if the area of the parcel of land is larger than five times the quota on
allocation of residential land as provided in the Law on Land.

4. The remaining area of land after the area of residential land has been determined as provided in
article 103 of the Law on Land and clause 3 of this article, which is currently a garden or pond and
which is requested by the land user to be recognized as residential land or other non-agricultural
land, is issued with a certificate of land use right, ownership of residential house and assets attached
to land for such purpose, and financial obligations must be performed in accordance with law.

5. The area of residential land of a family household or individual where the parcel of land containing a
garden or pond was issued with a certificate before 1 July 2014 is determined as follows:

(a) Where the family household or individual using the parcel of land containing a garden or pond
attached to a residential house was issued with a certificate before 1 July 2014, the area of
residential land is determined as the area recorded in the issued certificate;

(b) Where the land user has, at the time of issuance of the previous certificate, one of the types of
documents stipulated in clauses 1, 2 and 3 of article 100 of the Law on Land and article 18 of
this Decree but the area of residential land has not been determined in accordance with

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 clauses 2, 3 and 4 of article 103 of the Law on Land or clause 3 of this article and has not
been re-determined in accordance with articles 45.1(b) and (c) of Decree 181-2004-ND-CP
dated 29 October 2004 of the Government implementing the 2003 Law on Land, and the land
user now files an application for re-determination of the area of residential land or the State
resumes the land, the area of residential land is re-determined in accordance with clauses 2, 3
and 4 of article 103 of the Law on Land and clause 3 of this article; the family household or
individual is not required to pay land use fees and is compensated for the area re-determined
as residential land when the State resumes such land.

Article 25 Issuance of single land certificates to domestic organizations currently using land not covered
in article 46 of this Decree

1. Domestic organizations currently using land and having not been issued with a certificate must
themselves review and declare the current status of land use, and report same to the provincial
people's committee where the land is located.

2. Based on the report on current land use status of organizations, the provincial people’s committee
where the land is located checks the actual land use and decides on how to proceed in accordance
with the following provisions:

(a) If an area of land of an organization is currently used for the correct purpose, the competent
State agency determines the land use form in accordance with law and issues a certificate of
land use right, ownership of residential house and assets attached to land; where the land use
is not supported by the documents provided in article 100 of the Law on Land and article 18 of
this Decree, the land use form is implemented in accordance with articles 54, 55 and 56 of the
Law on Land, for land for construction of headquarters of socio-occupational organizations, the
land use form is implemented in accordance with article 56 of the Law on Land.

(b) Where documents on land use right as provided in article 100 of the Law on Land and article
18 of this Decree are available, the land use duration issued with a certificate of land use right,
ownership of residential house and assets attached to land is determined in accordance with
such documents. Where there are documents on land use right but such documents do not
state the land use duration, or state the land use duration but not in accordance with
provisions of the law on land, the land use duration is determined in accordance with article
126 of the Law on Land and is calculated from 15 October 1993 where the land was used
before 15 October 1993, or calculated from the date of the decision on land allocation or land
lease where the land was used on or after 15 October 1993;

(c) Provincial people’s committees decide on dealing in accordance with law with areas of land
used for incorrect purposes, areas of land encroached upon or occupied illegally due to lack of
responsibilities; areas of land leased or lent to other organizations, family households or
individuals; areas of land used illegally for joint ventures or cooperation; areas of land not used
for more than twelve (12) months or used behind schedule for more than twenty four (24)
months.

(d) The area of an organization which has been arranged for family households and individuals
being its officials and employees to use for residential housing must be handed over to the
district people’s committee where the land is located for management; where the currently
used residential land conforms to zoning, the current user is issued with a certificate of land
use right, ownership of residential house and assets attached to land and must perform
financial obligations in accordance with law.

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 (dd) Provincial people’s committees finalize resolution of areas of land in dispute to determine land
users in accordance with law.

Article 26 Issuance of certificate of land use right, ownership of residential house and assets attached to
land for land for construction of urban zones, rural residential zones, or production and
business zones which have various land use purposes

1. Where land is allocated to an investor to implement a project for construction of an urban zone or
rural residential zone and the project contains multiple items of work or multiple areas of land with
different land use purposes in accordance with article 10 of the Law on Land, the location and area of
the land used for each purpose must be specified and certificates of land use right, ownership of
residential house and assets attached to land are issued in accordance with the following provisions:

(a) Certificates of land use right, ownership of residential house and assets attached to land are
issued for each parcel of land used for each purpose, in conformation with the detailed
construction zoning already approved by the competent State agency;

(b) The area of land used for the purpose of construction of public works serving common interest
of the communities inside and outside the urban zone or rural residential zone in accordance
with the investment project and the detailed construction zoning approved by the competent
State agency is handed over to the local [authority] for management without issuance of a
certificate of land use right, ownership of residential house and assets attached to land.

2. The land allocated to an investor to implement a production or business project containing multiple
areas of land with different land use purposes, one certificate of land use right, ownership of
residential house and assets attached to land is issued to the investor for the total area of land, which
specifies the location and area of land used for each purpose in accordance with article 10 of the
Law on Land. If the investor so wishes, certificates of land use right, ownership of residential house
and assets attached to land are issued for each parcel of land used for each purpose in accordance
with the law on land and in conformation with the detailed construction zoning already approved by
the competent State agency.

Article 27 Issuance of single land certificate for land containing historical-cultural and scenic beauty sites

The issuance of certificates of land use right, ownership of residential house and assets attached to land for
land containing historical-cultural and scenic beauty sites which has been classified or protected under a
decision of the provincial people’s committee is carried out as follows:

1. Where independent land containing historical-cultural and scenic beauty sites is currently used by an
agency, organization, residential community, family household or individual, a certificate of land use
right, ownership of residential house and assets attached to land is issued to such an agency,
organization, residential community, family household or individual.

2. Where the historical-cultural or scenic beauty site is an area with multiple land users and multiple
types of land, certificates of land use right, ownership of residential house and assets attached to
land are issued to each user and each type of land in such area. Land users must comply with
regulations on protection of historical-cultural and scenic beauty sites.

Article 28 Issuance of single land certificate for land currently used by religious establishments

1. Religious establishments currently using land containing pagodas, churches, chapels, oratories,
abbeys, monasteries, religious schools, headquarters of religious organizations and other religious
establishments the operations of which are permitted by the State which are not yet issued with
certificates of land use right, ownership of residential house and assets attached to land must

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 themselves review and declare their land use, and report the following to provincial people’s
committee:

(a) Total area of land currently in use;

(b) Area of land of religious establishments divided by origin: Allocated by a competent State
agency; transferred; donated; borrowed from an organization, family household or individual;
created by themselves; or any other origin;

(c) Area of land that religious establishments lent to, leased to or let organizations, family
households or individuals stay free of charge;

(d) Area of land encroached upon or occupied illegally by other people.

2. The provincial people’s committee where the land is located checks the actual status, determines the
specific boundary of the parcel of land and decides on resolution in accordance with the following
provisions:

(a) The area that organizations, family households or individuals have used stably from before 15
October 1993 is dealt with based on the land use requirements of the religious establishment
and of such organizations, family households or individuals in order to ensure the interest in
land use of the involved parties according to the actual circumstance;

(b) The area of land used by organizations, family households or individuals from 15 October
1993 to before 1 July 2004 is dealt with as in the case of land borrowed or leased by one
family household or individual from another family household or individual in accordance with
law;

(c) Provincial people’s committees finalize resolution of areas of land for extension of religious
establishments not permitted by the competent State agency; encroached upon or occupied
illegally; or currently in dispute.

3. After resolution in accordance with clause 2 of this article, religious establishments are issued with
certificates of land use right, ownership of residential house and assets attached to land for their
areas of land which satisfy all the conditions provided in article 102.4 of the Law on Land in the form
of land allocation without collection of land use fees for long term and stable land use.

For land currently used by religious establishments for the purposes of agricultural production,
forestry production, non-agricultural production or business, or charity activities (including land
transferred or donated before 1 July 2004), certificates of land use right, ownership of residential
house and assets attached to land are issued in the form and land use duration corresponding to
such purposes as in the case of family households and individuals.

Article 29 Issuance of single land certificate for a parcel of land the area of which is smaller than the
minimum area

1. Where a parcel of land currently in used was formed before the effective date of the written
document of a provincial people’s committee on the minimum area for division of parcels of land and
has an area which is smaller than the minimum area provided by the provincial people’s committee,
but satisfies the conditions for issuance of a certificate of land use right, ownership of residential
house and assets attached to land, the person currently using land is issued with a certificate of land
use right, ownership of residential house and assets attached to land.

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2. Notarization, certification or issuance of certificates of land use right, ownership of residential house
and assets attached to land are not permitted and procedures for performance of land user’s rights
must not be carried out where a parcel of land which has been registered or has been issued with a
certificate of land use right, ownership of residential house and assets attached to land is divided
without permission into two or more parcels of land, at least one of which has an area smaller than
the minimum area provided by the provincial people’s committee.

3. Where a land user applies for division of a parcel of land into a parcel of land with the area smaller
than the minimum area at the same time as applying for the merger of such parcel of land with an
adjoining parcel of land to form a new parcel of land with the area being equal to or larger than the
minimum area for division of parcels of land, such division is permitted at the same time with the
merger, and a certificate of land use right, ownership of residential house and assets attached to land
is issued for the new parcel of land.

Article 30 Issuance of single land certificate where the land of one user is located over multiple
administrative units

1. Where the land used is located in multiple communes, wards or townships but falls under the
authority to issue certificate of land use right, ownership of residential house and assets attached to
land of one agency; one certificate of land use right, ownership of residential house and assets
attached to land is issued to the land user and must specify each area belonging to each
administrative unit at the commune level.

2. Where the land used is located in multiple communes, wards or townships and falls under the
authority to issue certificate of land use right, ownership of residential house and assets attached to
land of various agencies; a certificate of land use right, ownership of residential house and assets
attached to land is issued for each parcel of land falling under the authority of each agency issuing
such certificates.

Article 31 Certification of residential house ownership

The ownership of residential house owners who fall within the category of permitted residential house
owners in accordance with the law on residential housing and have documents to prove the legal creation
of their residential houses is certified in accordance with the following provisions:

1. Domestic family households and individuals must have one of the following types of documents:

(a) Permit for residential house construction in the case where a construction permit is required in
accordance with the law on construction.

Where the residential house was constructed not in accordance with the issued construction
permit, there must be a written opinion of the agency authorized to issue construction permits
certifying that the area of construction not in accordance with the permit does not affect the
safety of the work and is now in conformation with the construction zoning approved by the
competent agency;

(b) Contract for purchase and sale of a State-owned residential house in accordance with Decree
61-CP dated 5 July 1994 of the Government on purchase, sale and trading of residential
houses or documents on liquidation and realisation of State-owned residential houses before 5
July 1994;

(c) Documents on hand-over or donation of a charity house, a house of compassion or a house

funded by the local Fatherland’s Front and local residents;

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(d) Documents on residential house ownership issued by competent agencies from time to time
where such land and house do not fall under the category which is established by the State as
belonging to the entire people as provided in Resolution 23-2003-QH11 dated 26 November
2003 of the National Assembly Legislature XI on land and housing as they were managed or
arranged for use by the State during the implementation of land and housing management
policies and socialist transformation policies before 1 July 1991 and Resolution 755-2005-NQ-
UBTVQH11 dated 2 April 2005 of the Standing Committee of the National Assembly providing
for resolution of a number of specific land and housing cases during the implementation of
land and housing management policies and socialist transformation policies before 1 July
1991;

(dd) Documents on sale, purchase or receipt of gift or donation, exchange, or inheritance of

residential houses certified by the notary public or certified by the competent people’s
committee in accordance with law.

Where a residential house was purchased, received as a gift or donation, exchanged or

inherited from 1 July 2006, there must be a document on such transaction in accordance with
the law on residential housing.

Where a residential house was purchased from an enterprise which invests in construction for
sale, there must be a contract for purchase and sale of a residential house signed by both
parties;

(e) A judgement or decision of a people’s court or document of a competent State agency to

resolve residential house ownership which has taken legal effect;

(g) Where the person requesting certification of residential house ownership has one of the types
of documents provided in sub-clauses (a), (b), (c), (d), (dd) and (e) of this clause, but such
document is in the name of another person, there must be one of the documents on sale and
purchase, receipt of gift or donation, exchange or inheritance of a residential house before 1
July 2006 bearing the signatures of the concerned parties and certified by the commune
people’s committee; where a residential house was purchased, received as a gift, exchanged
or inherited before 1 July 2006 and there is no document on the sale and purchase, receipt of
gift or donation, exchange or inheritance of a residential house bearing the signatures of the
concerned parties, the time of such sale and purchase, receipt of gift or donation, exchange or
inheritance of a residential house must be certified by the commune people’s committee.

Where the person requesting certification of residential house ownership has one of the types
of documents provided in sub-clauses (a), (b), (c), (d), (dd) and (e) of this clause but the
current status of the residential house does not match such document, the part of the
residential house which does not match must be certified by the commune people’s committee
as provided in sub-clause (h) of this clause;

(h) Where a domestic individual does not have one of the types of documents provided in sub-
clauses (a), (b), (c), (d), (dd) and (e) of this clause, there must be a document of the commune
people’s committee certifying that the construction of the residential house was completed
before 1 July 2006, that it was constructed before the existence of a land use zoning or
construction zoning, or it must conform to zoning where it is constructed after a land use
zoning, detailed zoning for urban construction or zoning for a rural residential area becomes
available in accordance with law. Where the construction of a residential house was completed
on or after 1 July 2006, there must be written certification from the commune people’s
committee that the residential house is not in the category which requires a construction permit

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 and satisfies zoning conditions as in the case of residential houses constructed before 1 July
2006; if the residential house is in the category which requires a construction permit but a
construction permit was not applied for, there must be written approval by the district authority
in charge of construction management of the existence of such residential house.

2. A Vietnamese residing overseas who owns a residential house in Vietnam must have the following
documents:

(a) Documents on sale and purchase, receipt of gift or donation, or inheritance of a residential
house, or on ownership of residential house in another form in accordance with the law on
residential housing;

(b) One of the documents of the right transferor provided in clauses 1 and 3 of this article.

3. Domestic organizations, Vietnamese people residing overseas and implementing an investment

project, foreign organizations and foreign individuals must have the documents provided below:

(a) In the case of investment in residential house construction for business purpose, there must be
one of the documents on the project of residential house development for business (decision
approving the project, or decision on investment, or investment licence, or investment
certificate);

(b) In the case of purchase, receipt of gift or donation, or inheritance of a residential house, or
ownership of residential house in another form in accordance with law, there must be
documentation on such transaction in accordance with the law on residential housing;

Where a residential house was constructed not in accordance with the documents provided in
sub-clauses (a) and (b) of this clause, there must be a written opinion of the agency authorized
to issue construction permits certifying that the area of construction not in accordance with the
permit does not affect the safety of the work and is now in conformation with the construction
zoning approved by the competent agency (if any);

4. Where the owner of a residential house is not the residential land user, in addition to the documents
proving the residential house ownership in accordance with clauses 1, 2 and 3 of this article, there
must be a land lease contract, a capital contribution contract, business cooperation contract or
written consent of the land user to the construction of the residential house which has been notarized
or certified in accordance with law and a copy of the documents on land use right in accordance with
the law on land.

Article 32 Certification of ownership of construction work other than residential houses

The ownership of owners of construction works other than residential houses is certified as follows:

1. Domestic family households, domestic individuals and resident communities must have one of the
following types of documents:

(a) Construction permit for the work where a construction permit is required in accordance with the
law on construction.

Where the work was constructed not in accordance with the issued construction permit, there
must be a written opinion of the agency authorized to issue construction permits certifying that
the area of construction not in accordance with the permit does not affect the safety of the

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 work and is now in conformation with the construction zoning approved by the competent
agency;

(b) Documents on ownership of the construction work issued by competent agencies from time to
time, except for the cases which have been managed or arranged by the State for use;

(c) Documents on sale and purchase, giving as a gift or donation, or inheritance of the
construction work in accordance with law, which has been notarized or certified in accordance
with regulations;

(d) A judgement or decision of a people’s court or document of a competent State agency to

resolve the ownership of the construction work which has taken legal effect;

(dd) Where the person requesting certification of the construction work ownership has one of the
types of documents provided in sub-clauses (a), (b), (c) and (d) of this clause, but such
document is in the name of another person, there must be one of the documents on sale and
purchase, receipt of gift or donation, exchange or inheritance of a construction work before 1
July 2004 bearing the signatures of the concerned parties and certified by the people’s
committee at the commune or higher level; where a residential house was purchased, received
as a gift or donation, exchanged or inherited before 1 July 2004 and there is no document on
the sale and purchase, receipt of gift or donation, exchange or inheritance of a construction
work bearing the signatures of the concerned parties, the time of such sale and purchase,
receipt of donation, exchange or inheritance of a construction work must be certified by the
commune people’s committee.

Where the person requesting certification of the construction work ownership has one of the
types of documents provided in sub-clauses (a), (b), (c) and (d) of this clause but the current
status of the construction work does not match such document, the part of the construction
work which does not match must be certified by the commune people’s committee as provided
in sub-clause (e) of this clause;

(e) Where a domestic individual does not have one of the types of documents provided in sub-
clauses (a), (b), (c) and (d) of this clause, there must be a document of the commune people’s
committee certifying that the construction of the work was completed before 1 July 2004, that it
was constructed before the existence of a land use zoning or construction zoning, or it must
conform to zoning where it is constructed after a land use zoning or construction zoning
becomes available.

Where the construction of the work was completed on or after 1 July 2004, there must be
written certification from the commune people’s committee that the construction work is not in
the category which requires a construction permit and satisfies zoning conditions as in the
case of construction before 1 July 2004; if the work is in the category which requires a
construction permit but a construction permit was not applied for, there must be written
approval of the district authority in charge of construction management of the existence of
such work.

2. Domestic organizations, religious establishments, foreign organizations, foreign individuals and

Vietnamese people residing overseas must have the documents provided below:

(a) Where a construction work was created by investment in new construction in accordance with
law, there must be a decision approving the project, or a decision on project investment, or an
investment licence, or an investment certificate, or a construction permit issued by a
competent State agency and documents on land use right in accordance with the law on land,

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 or a land lease contract with the land user having a land use purpose commensurate with the
purpose of construction of the work;

(b) Where the construction work was created by one of the forms of sale and purchase, receipt of
a gift or donation, exchange, inheritance or other forms in accordance with law, there must be
documentation on such transaction in accordance with law;

(c) Where one of the documents provided in sub-clauses (a) and (b) of this clause, there must be
certification from the provincial administrative agency for construction that the construction
work had existed before the construction zoning became available and is now still in
conformation with the construction zoning approved by the competent State agency;

(d) If the constructed work does not match the documents provided in sub-clauses (a), (b) and (c)
of this clause, the area of the work which does not match must be checked and certified by the
agency authorized to issue construction permits that such area of work which does not match
the documents does not affect the safety of the work and conforms with the construction
zoning approved by the competent State agency.

3. Where the owner of a construction work is not the land user, in addition to the documents proving the
work ownership in accordance with clauses 1 and 2 of this article, there must be written consent of
the land user to the construction of the work which has been notarized or certified in accordance with
law and a copy of the documents on land use right in accordance with the law on land.

Article 33 Certification of ownership of production forests being planted forests

Ownership is certified for owners of production forests being planted forests where the capital for forest
planting, the money paid for receipt of forest transfer or the money paid to the State upon forest allocation
with money collection is not sourced from the State budget and there is one of the following documents:

1. Certificate or one of the documents provided in article 100 of the Law on Land and article 18 of this
Decree which states that the State allocated, leased the land or recognized the land use right for
planting production forests;

2. Documents on allocation of production forests being planted forests;

3. Contract or document on sale and purchase, giving as a gift or donation, or inheritance of production
forests being planted forests which has been notarized or certified in accordance with law;

4. Judgement or decision of a people’s court or document of a competent State agency to resolve the
ownership of a production forest being a planted forest which has taken legal effect;

5. Where a family household, individual or resident community does not have the documents provided
in clauses 1, 2, 3 and 4 of this article but has planted a production forest with their own capital, they
must be certified by the land registration office as satisfying all the conditions for recognition of land
use right in accordance with the law on land;

6. Domestic organizations implementing production forest planting projects with capital not sourced
from the State budget must have a decision approving the project, or a decision on project
investment, or an investment certificate for planting production forests in accordance with the law on
investment;

7. Foreign invested enterprises and Vietnamese people residing overseas implementing production
forest planting projects must have a decision approving the project, or a decision on project

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 investment, or an investment licence, or an investment certificate for planting production forests in
accordance with the law on investment;

8. Where the owner of a production forest being a planted forest is not the land user, in addition to the
documents provided clauses 1, 2, 3, 4, 5, 6 and 7 of this article, there must be written agreement of
the land user permitting the use of the land for forest planting which has been notarized or certified in
accordance with law and a copy of the documents on land use right in accordance with the law on
land.

Article 34 Certification of perennial crop ownership

Ownership of perennial crop owners is certified where there is one of the following documents:

1. Certificate or one of the documents provided in article 100 of the Law on Land and article 18 of this
Decree which states that the State allocated, leased the land or recognized the land use right for
planting perennial crops commensurate with the land use purpose stated on such document;

2. Contract or document on sale and purchase, giving as a gift or donation, or inheritance of perennial
crops which has been notarized or certified in accordance with law;

3. Judgement or decision of a people’s court or document of a competent State agency to resolve

perennial crop ownership which has taken legal effect;

4. Where a family household, individual or resident community does not have the documents provided
in clauses 1, 2 and 3 of this article, they must be certified by the land registration office as satisfying
all the conditions for recognition of land use right in accordance with the law on land;

5. Domestic organizations must have a decision approving the project, or a decision on project
investment, or an investment certificate, or an investment licence for planting perennial crops in
accordance with the law on investment;

6. Where the perennial crop owner is not the land user, in addition to the documents provided clauses
1, 2, 3, 4 and 5 of this article, there must be written agreement of the land user permitting the use of
the land for planting perennial crops which has been notarized or certified in accordance with law and
a copy of the documents on land use right in accordance with the law on land;

7. The Ministry of Agriculture and Rural Development takes the lead in coordinating with the Ministry of
Natural Resources and Environment in making detailed provisions on the types of perennial crops
the ownership of which may be certified.

Article 35 Assets attached to land the ownership of which may not be certified upon issuance of single
land certificate

Ownership of assets attached to land may not be certified in any of the following cases:

1. Assets attached to land where the parcel of land containing such assets does not satisfy the
conditions for issuance of a certificate of land use right, ownership of residential house and assets
attached to land in accordance with the Law on Land and this Decree;

2. Residential houses or other construction works temporarily built during the construction of the main
work or built with such materials as thatches, bamboos, reeds, leaves or soil; auxiliary works located
outside the premises of the main works and serving the management, use and operation of the main
works;

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3. Assets attached to land on which there has been a notice or decision on clearing or removal, or
where there has been a notice or decision on land resumption of the competent State agency;

4. Residential houses or works constructed after construction prohibition has been announced;
constructed where protection boundary markers of technical infrastructure works or classified
historical or cultural relics have been encroached upon or occupied illegally; assets attached to land
created after the time of approval of zoning by a competent State agency where such created assets
do not conform with the approved zoning at the time of issuance of a certificate of land use right,
ownership of residential house and assets attached to land;

5. Assets belonging to State ownership, except where such assets have been determined as the State
capital contributed to enterprises as guided by the Ministry of Finance;

6. Assets attached to land not in the cases where ownership is certified in accordance with articles 31,
32, 33 and 34 of this Decree;

7. Assets created via illegal conversion of land use purpose.

Article 36 Issuance of single land certificate where the State has had a decision on management of land
and assets attached to land which has not been implemented

Family households and individuals currently using land and assets attached to land which were subject to a
decision on management by a State agency during the implementation of a State policy, but such decision
has not actually been implemented by the State, are permitted to continue their use and are considered for
issuance of certificates of land use right, ownership of residential house and assets attached to land in
accordance with law.

Article 37 Agencies to issue single land certificates where land users exercise rights of land users and
owners of assets attached to land, to replace and to re-issue certificates

1. In localities where a land registration office has been established in accordance with article 5.1 of this
Decree, the Department of Natural Resources and Environment issues certificates of land use right,
ownership of residential house and assets attached to land to land users and owners of assets
attached to land who have been issued with certificates, certificates of ownership of residential house
or certificates of ownership of construction works in the following cases:

(a) Where land users and owners of assets attached to land exercise rights of land users and
owners of assets attached to land and issuance of new certificates of land use right, ownership
of residential house and assets attached to land is required;

(b) Certificates, certificates of ownership of residential house or certificates of ownership of

construction works are replaced or re-issued.

2. In localities where a land registration office has not been established in accordance with article 5.1 of
this Decree, the issuance of certificates to the cases provided in clause 1 of this article is performed
as follows:

(a) The Department of Natural Resources and Environment issues certificates of land use right,
ownership of residential house and assets attached to land to religious establishments and
organizations; Vietnamese people residing overseas who implement investment projects;
foreign organizations and individuals; and foreign-invested enterprises;

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 (b) District people’s committees issue certificates of land use right, ownership of residential house
and assets attached to land to family households, individuals, resident communities,
Vietnamese people residing overseas who are entitled to residential house ownership attached
to residential land use right in Vietnam.

3. The Ministry of Natural Resources and Environment makes provisions for the cases of issuance of
certificates of land use right, ownership of residential house and assets attached to land upon
registration of changes to land and assets attached to land, and for certification of changes on issued
certificates.

CHAPTER 6

Use Regimes Of Types Of Land

Section 1

General Provisions

Article 38 Land use by economic organizations allocated with land by the State to form infrastructure
construction capital by projects, or land sourced from winning land use right auctions before 1
July 2004

1. Economic organizations currently using land sourced from stable, long-term allocation by the State to
form infrastructure construction capital in accordance with the law on land before 1 July 2004 are
permitted to continue stable, long-term land use.

2. Economic organizations currently using land sourced from winning land use right auctions before 1
July 2004 where the land use duration was not identified are permitted to continue stable, long-term
land use.

Article 39 Provisions on transfer of investment capital being value of land use right

1. Foreign-invested enterprises receiving transfer of investment capital being the value of land use right
from enterprises currently using land allocated by the State with collection of land use fees, or leased
from the State with the rent paid in a one-off payment for the entire lease term where the value of
land use right has been capitalized into the enterprises’ capital, except for the case of transfer of
investment capital being the value of agricultural production land or forestry land.

2. Upon transfer of investment capital, enterprises and members being an enterprise’s owners must
identify the part of the capital being the value of land use right in the total value of transferred capital
and must perform their tax, fee and charge obligations in accordance with law.

Article 40 Provisions on conditions for transferring or giving as a gift or donation the land use right of
ethnic minority family households or individuals using land allocated by the State under
assistance policies

1. Ethnic minority family households and individuals using land allocated by the State under an
assistance policy of the State may transfer, give or donate their land use right only after 10 years
from the date of the land allocation decision if they are certified by the commune people’s committee
where the land is located that they no longer have the need to use [such land] because of their
movement from their commune, ward or township of residence to another location, or their change of
job, or their inability to work.

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2. Organizations and individuals must not receive the land use right transferred, given or donated by
ethnic minority family households and individuals using land allocated by the State under an
assistance policy of the State which does not fall under the cases where the transfer, giving or
donation of such land use right is permitted as provided in clause 1 of this article.

Article 41 Conditions for transfer of land use right in investment projects in construction and business of
residential houses for sale or for both sale and letting

1. The conditions for transfer of land use right in the form of dividing land into plots and selling the floor
area for investment projects in construction and business of residential houses for sale or for both
sale and letting comprise:

(a) [The project] conforms with the annual district land use planning;

(b) The project investor must complete the investment in construction of infrastructure consisting
of service works, technical and social infrastructure works in accordance with the approved
1/500 [scale] detailed construction zoning; ensure connection with the general infrastructure
system of the region before making the transfer of land use right to residents to build their own
residential houses; and ensure the provision of essential services comprising power supply,
water supply, water drainage and waste collection;

(c) The investor must complete the land-related financial obligations of the project comprising land
use fees, land rent; and land-related taxes, fees and charges (if any);

(d) The project is in the region or the type of urban zones where transfer of land use right in the
form of dividing land into plots and selling the floor area is permitted as provided in clause 2 of
this article.

2. The investor of a project in construction and business of residential houses for sale or for both sale
and letting may transfer land use right in the form of dividing land into plots and selling the floor area
in areas which are not located in the inner districts of special type urban cities; areas with high
requirements on landscape and architecture, central areas and surrounding areas of works being the
architectural highlights in urban cities; the front facade of roads at the regional or higher level and
main landscape roads in urban cities.

3. Family households and individuals receiving transfer of land use right to build their own residential
houses must construct such residential houses in strict accordance with the construction permit and
comply with approved detailed zoning and urban design.

4. The Ministry of Construction takes the lead in coordinating with the Ministry of Natural Resources
and Environment in making detailed provisions for this article.

Article 42 Conditions for transfer of land use right attached to the transfer of a part or the whole of an
investment project in construction and business of residential houses

The transfer of land use right attached to the transfer of a part or the whole of an investment project in
construction and business of residential houses must satisfy the following conditions:

1. [The project] satisfies all the conditions provided in article 188.1 of the Law on Land;

2. The investor must complete the land-related financial obligations of the project comprising land use
fees, land rent; and land-related taxes, fees and charges (if any);

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3. The transferee of the land use right attached to the transfer of a part or the whole of an investment
project in construction and business of residential houses must have a matching line of business and
must satisfy the conditions provided in article 58 of the Law on Land, and articles 13 and 14 of this
Decree.

Article 43 Dealing with land use right of State owned enterprises upon equitization

1. Upon equitization of State owned enterprises which are currently using land allocated by or leased
from the State, the equitized enterprises are allocated with land with collection of land use fees by
the State as provided in articles 55.2 and 55.4 of the Law on Land, lease land with annual rent
payment, or lease land with a one-off payment of land rent for the entire lease term as provided in
article 56 of the Law on Land.

2. The value of land use right is dealt with upon equitization in accordance with regulations of the
Government on equitization of State owned enterprises but must ensure the principle that the land
price used to determine the value of land use right is the specific land price decided by the provincial
people's committee as provided in articles 114.3 and 114.4(d) of the Law on Land.

3. Upon equitization of State owned enterprises, the provincial people’s committee is responsible to
review the land fund currently used by the enterprises, deal with and issue certificate of land use
right, ownership of residential house and assets attached to land as provided in article 102 of the
Law on Land and article 25 of this Decree.

Section 2

Agricultural Land

Article 44 Quota on receipt of transfer of agricultural land use rights of family households and individuals

The quota on receipt of transfer of land use rights for land for planting annual crops, land for planting
perennial crops, production forests being planted forests, land for aquaculture and land for salt production
of each household or individual to use for agricultural purposes applies to the forms of receipt of transfer of
or receipt of a gift or donation being land use right, and dealing with debts as agreed in land use right
mortgage contracts, in particular as follows:

1. Land for planting perennial crops, land for aquaculture and land for salt production:

(a) No more than 30 hectares for each type of land for provinces and cities under central authority
in the Eastern South and the Mekong Delta;

(b) No more than 20 hectares for each type of land for the remaining provinces and cities under
central authority.

2. Land for planting perennial crops:

(a) No more than 100 hectares for communes, wards and townships in delta areas;

(b) No more than 300 hectares for communes, wards and townships in midland and mountainous
areas.

3. Production forest land being planted forests:

(a) No more than 150 hectares for communes, wards and townships in delta areas;

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 (b) No more than 300 hectares for communes, wards and townships in midland and mountainous
areas.

4. Where a family household or individual receives transfer of agricultural land use rights in multiple
provinces and cities under central authority, the total area permitted to receive right transfer in the
quota for each type of land (land for planting annual crops, land for planting perennial crops,
production forest land being planted forests, land for aquaculture and land for salt production) is
equal to the quota on receipt of transfer of land use rights in the province or city under central
authority with the highest quota on receipt of transfer of land use rights.

5. Where a family household or individual receives transfer of agricultural land use rights for multiple
types of land (land for planting annual crops, land for planting perennial crops, production forest land
being planted forests, land for aquaculture and land for salt production), the quota on receipt of
transfer of agricultural land use rights of such family household or individual is determined for each
type of land as provided in clauses 1, 2 and 3 of this article.

6. Where family households or individuals have used agricultural land in excess of the quota on receipt
of right transfer as provided in clauses 1, 2, 3, 4 and 5 of this article and have registered transfer of
land use rights before 1 July 2007, they are permitted to continue using the area of land in excess of
the quota as agricultural land within such quota on receipt of right transfer.

7. Where family households or individuals have used agricultural land in excess of the quota on receipt
of right transfer as provided in clauses 1, 2, 3, 4 and 5 of this article and have registered transfer of
land use rights from 1 July 2007 to before 1 July 2014, they are permitted to continue using the land
and are required to lease from the State only the area of land in excess of the quota on receipt of
right transfer.

Article 45 Land for rice cultivation

1. People to whom the State allocates or leases land which was designated for wet rice cultivation to
use for non-agricultural purposes must pay an amount of money for land reclamation and
improvement, and for infrastructure investment of the locality.

2. The determination and use of the money provided in clause 1 of this article are implemented in
accordance with regulations of the Government on management and use of land for rice cultivation.

Article 46 Management and use of land of agricultural and forestry companies after reorganization,
renovation, development and improvement of efficiency of operation

1. During the implementation of reorganization, renovation, development and improvement of efficiency

of operation, agricultural and forestry companies currently using land have the responsibility to:

(a) Review the current land use status with regards to the location and boundary of land
management and use; the area of land currently used for correct purposes; the area of land
used for incorrect purposes; the area of unused land; the area of land currently contracted out,
leased out, lent, encroached or occupied illegally, used for joint venture, affiliation or
investment cooperation, or in dispute;

(b) Propose a land use plan based on the plans for reorganization, renovation and development of
agricultural and forestry companies approved by a competent agency, the local land use
zoning and current land use status.

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 Such land use plan must demonstrate the location and boundary of land use; the area of land
proposed to retain by each type of land, form of land use, land use duration; and the area of
land to be handed over to the locality;

(c) Report to the agency of natural resources and environment for evaluation of the land use plan
before submission to the provincial people’s committee for approval;

(d) Organize implementation of the approved land use plan.

2. Provincial people’s committees review and approve land use plans of agricultural and forestry
companies in their localities; direct the implementation of specifying the boundary, fastening markers
for land use in accordance with the approved plans, preparing files for land allocation and land lease,
issuing certificates of land use right, ownership of residential house and assets attached to land to
such companies; and decide on land resumption in respect of the area to be handed over to the
locality in accordance with the approved land use plan.

3. The area of land a company is permitted to retain in accordance with the approved land use plan
which is currently leased or lent illegally; encroached upon or occupied illegally; or used for joint
venture, affiliation and cooperation investment not in accordance with regulations, is dealt with in
accordance with the following provisions:

(a) In respect of the area of land currently leased or lent illegally, or used for joint venture,
affiliation and cooperation investment not in accordance with regulations by the company, the
company must cease the lease, lending, or use for joint venture, affiliation and cooperation
investment, and must use the land for correct purposes.

(b) In respect of the area currently encroached upon or occupied illegally, [such encroachment or
occupation] must be finalized so that the land can be put into use.

4. In respect of the land fund handed over to the locality, the provincial people’s committee prepares a
use plan in the following order of priority:

(a) Construction of public works;

(b) Allocation or lease of land to local family households or individuals who do not have land or do
not have sufficient land for production;

(c) Allocation or lease of land to the person currently using land if he or she has a requirement
and uses land in conformation with the local land use zoning.

Article 47 Inland water surfaces belonging to more than one province or city under central authority

1. The use of inland water surfaces belonging to more than one province or city under central authority
must comply with the land use zoning, land use planning and water resource zoning approved by
competent authorities; and in accordance with the provisions of the law on water resources.

2. Provincial people’s committees and district people’s committees lease inland water surfaces to
economic organizations, family households and individuals for investment in aquaculture, agricultural
production or agriculture in combination with non-agricultural purposes in accordance with their
authority as provided in article 59 of the Law on Land.

3. The land lessees provided in clause 2 of this article must protect the environment and landscape and
must not affect the main purposes of works using inland water surfaces

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Article 48 Riverside and coastal accretions

1. District people’s committees are responsible for investigation, surveying, monitoring and assessment
of the fund of riverside and coastal accretions which are regularly accreted or regularly eroded to
prepare exploitation and use plans.

2. Competent State agencies consider and decide on leasing riverside and coastal accretions which are
regularly accreted or regularly eroded to persons having a requirement.

3. The Minister of Natural Resources and Environment makes detailed provisions for the use of
riverside and coastal accretions.

Section 3

Non-Agricultural Land

Article 49 Regime for land use for construction of apartment buildings

1. Land for construction of apartment buildings and apartment buildings for multiple purposes including
residence, offices, commercial or service establishments (hereinafter referred to as apartment
buildings) comprises land for construction of the buildings, land used as yards, for planting flowers
and green trees around the buildings, and land for construction of infrastructure works.

2. Investors of projects of apartment building construction are allocated with land, lease land, and are
issued with certificates of land use right, ownership of residential house and assets attached to land
for the area of land of their projects in accordance with the following provisions:

(a) For the area of land for construction of apartment buildings and land for construction of
infrastructure works used by investors for business in accordance with investment projects and
detailed construction zoning already approved by competent State agencies, investors are
allocated with land by or lease land from the State and must pay land use fees or land rents;
and are issued with certificates of land use right, ownership of residential house and assets
attached to land;

(b) For the area of land used as roads and other infrastructure works serving people living both in
and outside apartment buildings which is not used by investors for business or service under
investment projects, they are allocated with land by or lease land from the State for
management and construction of works without having to pay land use fees or land rent; are
not issued with certificates of land use right, ownership of residential house and assets
attached to land; and hand over such area of land to the local authority for management after
completion of construction according to investment projects or detailed construction zoning
and the decision on land allocation or land lease of competent agencies.

3. Land use right and the issuance of certificates of land use right, ownership of residential house and
assets attached to land in projects of construction of apartment buildings for sale or for both sale and
letting are implemented in accordance with the following provisions:

(a) The area of land under the common use right of owners of apartments, working offices, service
and commercial establishments in an apartment building (hereinafter referred to as
apartments) comprising the area of land for construction of the building, for use as yards, for
planting flowers and green trees around the building and land for construction of infrastructure
works outside the apartment building but serving directly the apartment buildings are handed
over by the investor to the owners of apartments for the latter to organize management and
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 use in accordance with the investment project. The investor is responsible for specifying the
location, boundary and area of land under the common use right in the investment project,
detailed construction zoning and floor design of the works to submit to competent agencies for
approval; in contracts for residential house sale and purchase, and the ‘as-built’ drawing of the
works to carry out the procedures for issuance of certificates of land use right, ownership of
residential house and assets attached to land to the purchasers;

(b) The land use right provided in sub-clause (a) of this clause is an indivisible proportional
common use right. The portion of land use right is calculated as the ratio between the area of
the apartment and the total floor area of all apartments in the apartment building. The use and
disposal of the land use right of an apartment building are decided by the people holding the
majority of land use right portions but must serve the common interest of the community and
comply with provisions of law.

(c) The owner of an apartment is issued with a certificate of land use right, ownership of
residential house and assets attached to land for the area of land commonly used provided in
sub-clause (a) of this clause for a stable, long term; the area of the apartment is defined
according to the contract for apartment sale and purchase;

(d) Upon issuance of a certificate of land use right, ownership of residential house and assets
attached to land to an apartment purchaser, the certificate issued to the investor as provided in
clause 2 of this article must be adjusted to change the area of land provided in sub-clause (a)
of this clause to the form of common land use.

The area of land belonging to a residential house development project other than the area
provided in sub-clause (b) of clause 2 and sub-clause (a) of this clause belong to the use right
of the investor [for which] the investor is issued with a certificate of land use right, ownership of
residential house and assets attached to land.

Article 50 Land used for national defence and security purposes

1. Users of land for national defence and security are provided as follows:

(a) Units belonging to the Ministry of National Defence or the Ministry of Public Security are land
users of land for billeting military units except for the case provided in sub-clause (c) of this
clause; land used for military bases; land used for national defence works, battlegrounds and
special works for national defence and security purposes; land with official buildings of the
people's armed forces; land in zones specifically assigned by the Government to the Ministry
of National Defence or the Ministry of Public Security for management, protection and use;

(b) Units directly using land are land users of land used for military ports and stations; land used
for industrial, scientific and technological works directly servicing national defence and
security; land used for warehouses of the people’s armed forces; land with gun ranges, military
training grounds and weapons testing or destruction areas; land for construction of schools,
hospitals and convalescent homes of the people's armed forces; land for construction of
detention centres, educational establishments and juvenile correction schools administered by
the Ministry of Defence and the Ministry of Public Security;

(c) The military command of provinces and cities under central authority; military command posts
of districts, towns and provincial cities; the police of provinces and cities under central
authority; the police of districts, towns and provincial cities; the police of wards and townships;
and frontier posts are land users of land for construction of [their] headquarters.

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2. Land used for national defence and security purposes must be used for the correct, designated
purposes. The provincial people’s committee notifies the land using unit of the area of land not used
or used for incorrect purposes in order to put such land into use for the correct purposes; where the
land using unit fails to use the land for the correct purposes after twelve (12) months from the date of
notice, such land is resumed by the provincial people’s committee to allocate to other users.

3. In the case of conversion of land use purpose within the land for national defence and security in
accordance with the approved land use zoning and land use planning for national defence and
security, the land using unit must apply for conversion of land use purpose at the Department of
Natural Resources and Environment, attaching [to their application] a written opinion of the Ministry
of National Defence or the Ministry of Public Security.

4. Land currently managed or used by units of the armed forces which does not fall under the approved
land use zoning for national defence and security purposes must be handed over to the local
authority for management and is dealt with as follows:

(a) For the area of land already arranged for family households of staff and soldiers of units of the
armed forces to use for residential houses in conformation with approved land use zoning or
land use planning, land users are issued with certificates of land use right, ownership of
residential house and other assets attached to land and must perform financial obligations in
accordance with law;

(b) Land currently used for the purpose of non-agricultural production or business by national
defence and security enterprises must be converted to the form of land lease according to the
production or business plan approved by the Ministry of National Defence or the Ministry of
Police;

(c) The area of land not falling under the cases provided in sub-clauses (a) and (b) of this clause
is resumed under a decision of the provincial people’s committee for allocation or lease for use
in accordance with law.

5. Competent State agencies finalize the resolution of areas of land in dispute to determine land users.

Article 51 Land being industrial zones, export processing zones, industrial clusters

1. The land use duration in industrial zones, export processing zones and industrial clusters is based on
the term of the investment project.

Where the term of an investment project is longer than the remaining land use duration of an
industrial zone, export processing zone or industrial cluster, the enterprise investing in construction
and business of infrastructure of the industrial zone, export processing zone or industrial cluster must
apply to the competent State agency to adjust the land use duration accordingly, but the total land
use term does not exceed seventy (70) years and land use fees or land rent must be paid for the
area of land the use duration of which is extended.

2. Public professional units with financial autonomy assigned with the duty of construction and business
of infrastructure of industrial zones and industrial clusters by competent authorities which are
permitted to lease land from the State for investment in construction and business of infrastructure of
industrial zones and industrial clusters may sub-lease land after investment in infrastructure.

3. Enterprises investing in construction and business of infrastructure of industrial zones, export –

processing zones and industrial clusters are responsible for annually reporting to the provincial
people’s committee and publicly announcing the area of land not yet leased or sub-leased in

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 industrial zones, export – processing zones and industrial clusters on the websites of such
enterprises and of the local [authority].

Article 52 Land used for hi-tech zones

1. The land use duration to implement projects of production or business of hi-tech products; research,
development and application of hi-technology and training of hi-tech human resources in hi-tech
zones is implemented in accordance with articles 125 and 126 of the Law on Land.

2. The land management responsibility of the management board of a hi-tech zone is provided as
follows:

(a) To coordinate with the organization performing the duty of compensation and site clearance in
carrying out compensation, assistance and resettlement;

(b) To submit to the provincial people’s committee for decision on land rent; and the level of land
rent reduction or exemption for each project;

(c) To resume leased land where the land user acts in breach of the law on land as provided in
articles 64.1(a), (b), (c), (d), (e), (g) and (i) of the Law on Land; where the land user terminates
land use in accordance with law or voluntarily returns the land in accordance with articles
65.1(a), (b), (c) and (d) of the Law on Land; and to manage the fund of land resumed in
accordance with this sub-clause;

(d) To decide on re-allocation of land without collection of land use fees to land users in hi-tech
zones in the cases provided in articles 54.2 and 54.3 of the Law on Land;

(dd) To provide for the order and administrative procedures on land in hi-tech zones;

(e) To send decisions on land re-allocation, land lease, land use extension, extracts of cadastral
maps or extracts of cadastral measurements to the land registration office to register in the
cadastral file, update the land database and submit to the competent agency to issue
certificates of land use right, ownership of residential house and other assets attached to land.

3. Inspection and resolution of complaints, denunciations and disputes on land in hi-tech zones are
implemented in accordance with the law on complaints and denunciations and the law on land.

4. In the case of hi-tech zones established and allocated with land under a decision of the provincial
people’s committee before 1 July 2014, land management and use are implemented in accordance
with the following provisions:

(a) The management board of the hi-tech zone is responsible for implementing the provisions in
sub-clauses (a), (c), (d), (dd) and (e) of clause 2 of this article; and is permitted to continue the
implementation of the construction zoning approved by a competent State agency;

(b) The management board of a hi-tech zones may decide on the land rent, but the land price
used to calculate the land rent must not be lower than the land price in the price list stipulated
by the provincial people’s committee; and decide the land rent reduction or exemption for each
project in accordance with regulations of the Government.

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Article 53 Land used for economic zones

1. The land management responsibility of the management board of an economic zone is provided as
follows:

(a) To coordinate with the organization performing the duty of compensation and site clearance in
carrying out compensation, assistance and resettlement;

(b) To decide the land use fees and land rent to be collected, but the land price used to calculate
land use fees and land rent must not be lower than the land price in the price list stipulated by
the provincial people’s committee; and the level of reduction or exemption of land use fees or
land rent for each project in cases of land re-allocation or land lease in accordance with
regulations of the Government;

(c) To resume re-allocated or leased land where the land user acts in breach of the law on land as
provided in article 64.1(a), (b), (c), (d), (e), (g) and (i) of the Law on Land; where the land user
terminates land use in accordance with law or voluntarily returns the land in accordance with
article 65.1(a), (b), (c) and (d) of the Law on Land; and to manage the fund of land resumed in
accordance with this sub-clause;

(d) To provide for the order and administrative procedures on land in the economic zone;

(dd) To send decisions on land re-allocation, land lease, land use extension, extracts of cadastral
maps or extracts of cadastral measurements to the land registration office to register in the
cadastral file, update the land database and submit to the competent agency to issue
certificates of land use right, ownership of residential house and other assets attached to land.

2. Inspection and resolution of complaints, denunciations and disputes on land in economic zones are
implemented in accordance with the law on complaints and denunciations and the law on land.

3. The management and use of other land not belonging to functional areas of economic zones and
other duties of land management in economic zones are implemented by administrative agencies at
various levels in accordance with the law on land.

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

1. The State allocates to the investor an area of land for implementation of a build – transfer (BT)
project; the investor is not required to pay land use fees or land rent during the construction of the
work in accordance with the approved project and is responsible to preserve the area of land
allocated for management and to use it in strict accordance with the purpose stated in the project.

The transfer of the work and land fund of the project must be carried out in strict accordance with the
schedule stated in the investment project approved by a competent State agency or the term which
has been permitted by a competent State agency for extension. Where the investor has not
transferred after the time-limit for transfer, [the investor] must lease land from the State, with the time
of land lease calculated from the time of completion of the work construction duration in accordance
with the approved project.

2. The State allocates or leases land to the investor to implement a build – operate – transfer (BOT)
contract; the investor is entitled to exemption or reduction of land use fees or land rent in accordance
with regulations of the Government.

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3. Transferees of a work for use and exploitation are allocated with land by or lease land from the State,
or allocated with the area of land containing such work for management in accordance with the law
on land.

Article 55 Land for civil airports and air terminals

1. Based on the approved detailed zoning of airports and air terminals, the Ministry of Transport takes
the lead in coordinating with the Ministry of National Defence in directing the determination of
boundary of areas used specifically for civil operations and areas used for both civil and military
operations under civil administration.

2. Land used for the purposes provided in articles 156.1(a) and (b) of the Law on Land is allocated for
stable, long-term use; land used for the purposes provided in article 156.1(c) and (d) of the Law on
Land is leased for a term not exceeding fifty (50) years. Upon expiry of the land lease term, the
person currently using land is considered for an extension of the land lease if he or she has a
requirement for continued use.

3. Provincial people’s committees decide on the unit land rent at airports and air terminals in
accordance with the law on land.

4. Airport authorities are responsible for the area of land allocated by the provincial people’s committee
as follows:

(a) To manage and use land effectively and for the correct purposes;

(b) To inspect land use and performance of land-related financial obligations by organizations and
individuals allocated with land by or leasing land from airport authorities;

(c) To decide on land resumption where land allocation by airport authorities falls under the cases
provided in article 64.1(a), (b), (e), (g) and (i) and article 65.1(a), (b), (c) and (d) of the Law on
Land. To decide on termination of land lease contracts where such land lease contracts with
airport authorities are breached.

5. Inspection, resolution of complaints, denunciations and disputes relating to land in airports and air
terminals are implemented in accordance with the law on complaints and denunciations and the law
on land.

6. The Ministry of Transport takes the lead in coordinating with the Ministry of Natural Resources and
Environment in making detailed provisions for this article.

Article 56 Land for construction of public works with safety corridors

1. The land for safety corridors for a public work under a decision of a competent State agency is
required to be leased only during the construction of the work where such work does not use the
surface soil layer.

2. Based on the regulations on scope of safety corridors for works issued by competent State agencies,
the organization directly managing the work with safety corridors is responsible to take the lead in
coordinating with the people’s committee where the work is located in preparation of a plan for
fastening markers to identify specific safety corridors and to submit to the provincial people’s
committee where the work is located for approval; and at the same time, to inform the people’s
committees of all levels where the work is located for coordination in protecting the safety corridors
for such work.

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3. Within a time–limit not exceeding thirty (30) working days from the date of approval by the provincial
people’s committee of the plan for fastening markers to identify safety corridors, the organization
directly managing the work with safety corridors is responsible to take the lead in coordinating with
the district people’s committee and the commune people’s committee where the work is located in
publicly announcing the markers of the safety corridors of the work and fastening the markers on site,
and to hand over the markers to the commune people’s committee where the work is located for
management.

4. The organization directly managing the work with safety corridors is responsible to take the lead in
coordinating with the commune people’s committee and the Division of Natural Resources and
Environment where the work is located in reviewing the current land use status within the scope of
the safety corridors of the work in order to make recommendations to competent State agencies in
accordance with the following provisions:

(a) Where land use affects the safety protection of the work or where the operation of the work
directly affects the life and health of land users, the administrative agency for State
administration of the work evaluates the level of effects and makes a request to the competent
people’s committee to issue a decision on resumption of such land if land resumption is
required. Persons having their land resumed are compensated, assisted with regards to land
and assets attached to land existing before the announcement of the safety corridors of the
work, and resettled in accordance with law.

Where land use affects the safety protection of the work, the work owner and land user must
apply measures to remedy. The work owner must be responsible for such remedy; failing
remedy, the State resumes the land and the person whose land is resumed is compensated,
assisted and resettled in accordance with law;

(b) Where land use does not fall under the provisions of sub-clause (a) of this clause, existing
users of land in the safety corridors for the work may continue using land in accordance with
the designated purposes and must comply with provisions on safety protection of the work;

(c) Land in the safety corridors of the work is issued with a certificate of land use right, ownership
of residential house and assets attached to land where all the conditions for issuance of a
certificate of land use right, ownership of residential houses and assets attached to land are
satisfied in accordance with the Law on Land, except where there has been a notice or
decision on land resumption.

Persons issued with certificates of land use right, ownership of residential house and assets
attached to land may use land only as provided in sub-clause (b) of this clause.

5. Agencies and organizations directly managing works with safety corridors bear the main
responsibility for safety protection of such works. Where safety corridors of works are encroached
upon, occupied or used illegally, [such agencies and organizations] must report on a timely basis and
request that the commune people’s committee where there are safety corridors of works deal with
[the situation].

6. Chairmen of people’s committees at all levels where there are works with safety corridors are
responsible for:

(a) Discovering and dealing on a timely basis with cases of illegal encroachment, occupation or
use of the land within the scope of safety corridors of works; preventing on a timely basis

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 illegal construction works on the land of safety corridors for works; and forcing persons in
breach to restore the land status to that before the breach;

(b) Coordinating with agencies and organizations directly managing such works in dissemination
of and education on the law on safety protection of works; coordinating with agencies and
organizations directly managing such works in announcing markers of safety corridors for
works;

(c) Where cases of illegal encroachment, occupation or use of land within the scope of safety
corridors of works occur in their localities, chairmen of people’s committees at all levels must
bear joint responsibilities in accordance with law.

7. Temporary land use for construction of public works with safety corridors is agreed between the
construction unit and land users in accordance with civil laws.

Article 57 Land use for construction of underground facilities

Based on land use zoning and land use planning, urban underground construction space zoning and other
relevant zoning approved by competent State agencies, the provincial people’s committee decides on land
allocation or land lease for construction of underground facilities in accordance with the following
provisions:

1. Economic organizations, Vietnamese people residing overseas, foreign-invested enterprises may

lease land from the State paying land rent annually or making a one-off payment of land rent for the
entire lease term where land is used for construction of underground facilities for business purposes.

2. Economic organizations, Vietnamese people residing overseas, foreign-invested enterprises may

lease land from the State without collection of land use fees where land is used for construction of
underground facilities not for business purposes.

3. In the case land is used for construction of underground facilities in the form of build – transfer (BT)
and build – operate – transfer (BOT) projects, land use is implemented in accordance with article 54
of this Decree.

Section 4

Management And Putting Unused Land Into Use

Article 58 Management of unused land

1. Unused land comprises unused flat land, unused hilly and mountainous land, and rock mountains
without forests.

2. Commune people’s committees are responsible for reporting annually to district people’s committees
on the situation of management and exploitation of the unused land fund.

Article 59 Measures to put unused land into use in accordance with approved land use planning

1. The State has policies for investment in infrastructure for frontier areas, marine islands, remote and
distant areas, highland areas, areas with a lot of land but few dwellers and areas with difficult natural
conditions to implement plans to put unused land into use; and policies for exemption and reduction
of land use fees or land rent where unused land is allocated or leased to put into use.

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2. Provincial people’s committee use funds collected from permission for conversion of land for wet rice
cultivation to other use purposes and other legitimate fund sources to serve reclamation,
improvement and putting of unused land into use.

CHAPTER 7

Order And Administrative Procedures For Land Management And Use

Section 1

General Provisions

Article 60 File submission and return of results of performance of administrative procedures on land

1. The agencies receiving files and returning results of resolution of procedures for land allocation, land
lease and land use purpose conversion are provided as follows:

(a) The Department of Natural Resources and Environment receives files and returns results for
the cases provided in article 59.1 of the Law on Land;

(b) The Division of Natural Resources and Environment receives files and returns results for the
cases provided in article 59.2 of the Law on Land.

2. The agency receiving files and returning results of resolution of procedures for registration of land
and assets attached to land; the land registration office is the agency to issue, replace and re-issue
certificates. In localities where no land registration office has been established, the provincial office
for land use right registration receives files of religious establishments and organizations,
Vietnamese people residing overseas implementing investment projects, foreign organizations,
foreign individuals, foreign-invested enterprises; the district office for land use right registration
receives files of family households, individuals, resident communities and Vietnamese people
residing overseas permitted to own residential houses attached to land use right in Vietnam.

In the case family households, individuals or resident communities wish to submit their files at the
commune people’s committee, the commune people’s committee where the land is located receives
the files and returns the results. In the case of registration of changes to land or assets attached to
land; replacement or re-issuance of certificates, the commune people’s committee must, within three
working days from the date of receipt of a complete file, forward it to the land registration office.

3. In localities where a 'one door’ department has been organized to receive files and return results of
implementation of administrative procedures in accordance with regulations of the Government, the
agencies provided in clauses 1 and 2 of this article carry out the receipt of files and return of results
through the one door department in accordance with the decision of the provincial people’s
committee.

4. Management boards of hi-tech zones, economic zones; and airport authorities are the focal agencies
for receipt of files and return of results of implementation of administrative procedures on land in hi-
tech zones, economic zones; airports and air terminals.

5. The return of results of resolution of administrative procedures is implemented as follows:

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 (a) Results of resolution of administrative procedures must be returned to land users or owners of
assets attached to land within a time limit not exceeding three working days from the date such
results become available, except for the case provided in sub-clause (b) of this clause;

(b) In the cases where financial obligations relating to administrative procedures must be
performed, a certificate of land use right, ownership of residential house and assets attached
to land is delivered after the land user or owner of assets attached to land submits source
documents of completion of financial obligations in accordance with regulations; in the case of
land lease with annual rent payment, the results are returned after the land user has entered
into a land lease contract; in the cases where financial obligations relating to administrative
procedures are exempted, the results are returned upon receipt of written confirmation of a
competent agency that such financial obligations are exempted;

(c) In the case a file does not satisfy the conditions for resolution, the agency receiving the file is
responsible for returning the file and specifying the reasons for non-satisfaction of the
conditions for resolution.

Article 61 Time-limit for performance of administrative procedures on land

1. The time-limits for performance of the procedures for land allocation, land lease and conversion of
land use purpose are provided as follows:

(a) For land allocation and land lease, not exceeding twenty (20) days not including the time for
site clearance;

(b) For conversion of land use purpose, not exceeding fifteen (15) days.

2. The time for performance of the procedures for registration of land or assets attached to land; for
replacement and re-issuance of certificates are provided as follows:

(a) Not exceeding thirty (30) days for registration of land or assets attached to land, and for
issuance of certificates of land use right, ownership of residential house and assets attached to
land;

(b) Not exceeding thirty (30) days for registration and issuance of certificates of land use right,
ownership of residential house and assets attached to land to transferees of land use right and
ownership of residential house or construction work from an organization investing in
construction;

(c) Not exceeding twenty (20) days for registration and issuance of additional certificates of land
use right, ownership of residential house and assets attached to land for assets attached to
land;

(d) Not exceeding fifteen (15) days for registration of changes to land or assets attached to land in
the cases of winning an auction of land use right; resolution of disputes, complaints or
denunciations on land; realization of mortgage or capital contribution contracts; confiscation
and selling via auction land use right or assets attached to land for execution of a judgement;
division, demerger, merger and consolidation of an organization or conversion of a company;
agreement on merger or division of land use right or ownership of assets attached to land of
family households, of spouses or of a group of land users;

(dd) Not exceeding twenty (20) days for dividing or consolidating parcels of land; for land
registration procedures in the case of land allocation by the State for management;

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 (e) Not exceeding fifteen (15) days for extension of land use duration;

(g) Not exceeding ten (10) days for confirmation of continued use of agricultural land by a family
household or individual upon expiry of the land use duration;

(h) Not exceeding ten (10) days for registration of creation, change or termination of the right to
limited land use in respect of the adjacent parcel(s) of land;

(i) Not exceeding fifteen (15) days for registration of changes due to a name change of the land
user or owner of assets attached to land, or changes to the shape, size, area, number,
address of a parcel of land, or change to the limits to land use right, or change to financial
obligations, or change to assets attached to land compared to the previously registered
information;

(k) Not exceeding thirty (30) days for conversion from land lease with annual rent payment to land
lease with a one-off payment of land rent; from the form of land allocation by the State without
collection of land use fees to the form of land lease; from land lease to land allocation with
collection of land use fees;

(l) Not exceeding ten (10) days for conversion, transfer, inheritance, giving as a gift or donation,
registration of capital contribution by land use right or ownership of assets attached to land;

(m) Not exceeding five working days for cancellation of registration of capital contribution by land
use right or ownership of assets attached to land;

(n) Not exceeding three working days for registration or cancellation of registration of mortgage,
lease and sub-lease of land use right;

(o) Not exceeding ten (10) days for transfer of land use right or ownership of assets attached to
land of one spouse to joint right or ownership of both spouses;

(p) Not exceeding ten (10) days for replacement of certificates, certificates residential house
ownership or certificates of ownership of construction works; not exceeding fifty (50) days for
replacement for multiple land users at the same time due to re-measurement and re-drawing
of maps;

(q) Not exceeding thirty (30) days for re-issuance of lost certificates, certificates residential house
ownership or certificates of ownership of construction works.

3. Time-limits for performance of procedures for mediation of land disputes and procedures for
resolution of land disputes:

(a) Not exceeding forty five (45) days for mediation of land disputes;

(b) Not exceeding forty five (45) days for resolution of land disputes under the authority of the
chairman of a district people’s committee;

(c) Not exceeding sixty (60) days for resolution of land disputes under the authority of the
chairman of a provincial people’s committee;

(d) Not exceeding ninety (90) days for resolution of land disputes under the authority of the
Minister of Natural Resources and Environment;

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 (dd) Not exceeding thirty (30) days for enforcement of a decision on resolution of a land dispute or
a decision on recognition of successful mediation.

4. The time-limits provided in clauses 1, 2 and 3 of this article are calculated from the date of receipt of
a proper file. Such time-limits do not include the time for performance of financial obligations of land
users, time for consideration of and dealing with land use involving breach of law, or time for seeking
an expert’s assessment.

In the case the file received is not complete or not proper, within a maximum time-limit of three days,
the agency receiving and dealing with the file must notify and provide guidance for the applicant to
supplement or complete the file as required.

For communes in mountainous areas, marine islands, remote and distant areas and areas with
difficult socio-economic conditions, the time-limit for each type of procedures provided in this article is
extended by fifteen (15) days.

Article 62 Responsibilities for providing for files, time for performance of and order and administrative
procedures on land

1. The Ministry of Natural Resources and Environment makes detailed provisions for the form and
composition of files for performance of administrative procedures on land stipulated in this Decree.

2. Provincial people’s committees make detailed provisions for the agencies receiving and dealing with
procedures; the time-limits for steps of performance of the procedures of each related agency and
unit and joint resolution among related agencies in accordance with the one door regime as
commensurate with the specific conditions in their locality, which shall not exceed the total time-limit
provided for each type of procedures in this Decree.

Article 63 Determination of financial obligations of land users in performance of administrative

procedures on land management and use

1. Land use fees, land rent, all types of taxes relating to land and registration fees (hereinafter referred
to as financial obligations) are determined by the tax office. The Department of Natural Resources
and Environment, or the Division of Natural Resources and Environment, or the land registration
office provides cadastral information to the tax office for the cases which satisfy the conditions and
must perform financial obligations in accordance with regulations.

Land prices to determine financial obligations are determined by the Department of Natural
Resources and Environment; where land price adjustment coefficients are used to determined
specific land prices, [land prices] are determined by the tax office.

2. The tax office is responsible for notifying land users and owners of assets attached to land of the
performance of financial obligations in accordance with law within a time-limit not exceeding five
working days from the date of receipt of cadastral data.

Competent agencies sign certificates of land use right, ownership of residential house and assets
attached to land in the case land users and owners of assets attached to land are not required or are
permitted to owe financial obligations, or have completed their financial obligations where such
obligations are required, or are subject to a decision on exemption of financial obligations in
accordance with law.

3. The agencies receiving files determine the fees and charges relating to land management and use,
except for registration fee as provided in clause 1 of this article, which are payable by land users
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 upon performance of administrative procedures on land management and use; notify and provide
guidance to land users on payment in accordance with law.

Article 64 Contracts and transaction documents on land use right and ownership of assets attached to
land

1. Contracts and transaction documents on land use right and ownership of assets attached to land of
family households must be signed by the persons named in the certificate or authorized persons in
accordance with provisions of the civil laws.

2. Contracts and transaction documents on land use right and ownership of assets attached to land of a
group of land users or a group of owners of assets attached to land must be signed by all the
members of the group, or there must be written proxy in accordance with provisions of the civil laws,
except the case of joint use of a parcel of land by apartment owners in an apartment building.

Section 2

Order And Procedures For Land Resumption, Land Requisition, Land Allocation, Land Lease And
Conversion Of Land Use Purpose

Article 65 Order and procedures for land resumption as a result of termination of land use in accordance
with law or due to voluntary return of land or due to a threat to human life

1. The order and procedures for land resumption as a result of termination of land use in accordance
with law or due to voluntary return of land are provided as follows:

(a) Land users being organizations allocated with land by the State without collection of land use
fees, or allocated with land by the State with collection of land use fees where the land use
fees paid were sourced from the State budget, or leasing land from the State with annual land
rent payment which are now moving to another location, has no requirement or less
requirement for land use; and land users who voluntarily return land, send a notice or a
document on land return and certificates of land use right, ownership of residential house and
assets attached to land to the natural resources and environment agency;

(b) The agency issuing a decision on dissolution or bankruptcy sends the decision on dissolution
or bankruptcy to the Department of Natural Resources and Environment where the land to be
resumed is located in the case of land resumption of an organization allocated with land by the
State without collection of land use fees, or allocated with land by the State with collection of
land use fees where the land use fees paid were sourced from the State budget, or leasing
land from the State with annual land rent payment which is dissolved or bankrupt;

(c) The commune people’s committee in the location of permanent residence of an individual land
user who died without a heir is responsible for sending the death certificate or decision
announcing the death of a person in accordance with law and written certification by the
commune people’s committee that there is no heir to the Division of Natural Resources and
Environment where the land to be resumed is located in the case of land resumption of an
individual who died without a heir;

(d) Every year, the natural resources and environment agency organizes a review and send out
notices on the cases of definite land use durations which are not extended;

(dd) The natural resources and environment agency is responsible for investigating and conducting
an on-site verification where necessary; submitting land resumption to the people’s committee
at the same level for decision; organizing land resumption on site and handing over [the land]

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 to the land fund development organization or the commune people’s committee for
management; directing the updating and adjustment of the land database and cadastral file,
withdrawing certificates or announcing cancellation of certificates where certificates cannot be
withdrawn.

2. The order and procedures for land resumption in areas with environment contamination posing a
threat to human life; residential land likely to suffer from landslides or subsidence or to be affected by
some other natural disaster, causing a threat to human life are provided as follows:

(a) Provincial and district people’s committees assign a competent agency to check and
determine the extent of environment contamination, landslide or subsidence or impacts by
other natural disasters causing a threat to human life;

(b) After there has been a written document from the competent agency determining the extent of
contaminated environment, landslide or subsidence or impacts by other natural disasters
causing a threat to human life which requires land resumption, the natural resources and
environment agency is responsible for carrying out the works provided in clause 1(dd) of this
article;

(c) Competent agencies arrange temporary accommodation and resettlement for people who are
forced to relocate in the cases of land resumption provided in articles 65.1(dd) and (e) of the
Law on Land.

3. Organization of coercive enforcement of land resumption as a result of termination of land use in

accordance with law or due to a threat to human life:

(a) The coercive enforcement must comply with the principles of coercive enforcement provided in
article 70.1 of the Law on Land;

(b) After a decision on land resumption has been issued, the natural resources and environment
agency is responsible to coordinate with the commune people’s committee and the Vietnam
Fatherland Front at the commune level in canvass and persuasion of the person whose land is
to be resumed to hand over the land;

(c) If the person whose land is to be resumed has been canvassed or persuaded but does not
implement the decision on land resumption, the natural resources and environment agency
submits to the people's committee which issued the decision on land resumption for the latter
to issue a decision on coercive enforcement of the decision on land resumption;

(d) The organization assigned with the coercive enforcement is responsible for preparing a
coercive enforcement plan to submit to the people's committee which issued the decision on
coercive enforcement for approval;

(dd) The organization assigned with the coercive enforcement is responsible for canvassing and
persuading the person subject to the coercive enforcement to hand over of the land voluntarily;

(e) The people’s committee which issued the decision on coercive enforcement is responsible for
organizing the force to implement the coercive enforcement decision where the individual or
organization subject to the coercive enforcement has been canvassed or persuaded in
accordance with sub-clause (dd) of this clause but does not comply with the coercive
enforcement decision.

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4. The natural resources and environment agency directs the updating and adjustment of the land
database and cadastral file; withdraws certificates or announces that certificates no longer have legal
validity where land users do not return certificates.

5. Where a person whose land is to be resumed complaints against the decision on land resumption,
such complaint is dealt with in accordance with the law on resolution of complaints.

Article 66 Order and procedures for land resumption due to a breach of law

1. In the case a breach of law results in land resumption, upon the expiry of the limitation period for a
penalty for an administrative breach in accordance with the law on dealing with administrative
breaches, the person authorized to apply the penalty is responsible for preparing minutes of the
administrative breach as the basis for a decision on land resumption.

In the case a breach of the law on land does not fall within the category subject to penalties for
administrative breaches in accordance with the law on dealing with administrative breaches, the
minutes determining the act of breach must be witnessed by a representative of the commune
people’s committee to serve as the basis for the decision on land resumption and are prepared in
accordance with the following provisions:

(a) The natural resources and environment agency organizes examination to determine the acts
of breach provided in articles 64.1(c), 64.1 (d) and 64.1 (g) of the Law on Land; and organizes
inspection to determine the acts of breach provided in articles 64.1(h) and 64.1 (i) of the Law
on Land;

(b) Within a time-limit not exceeding seven working days from the date of preparation of the
minutes, the person assigned with the duty of examination or inspection is responsible for
sending the minutes to the agency authorised for land resumption to direct the land
resumption.

2. The natural resources and environment agency is responsible for investigating and conducting an
on-site verification where necessary; and submitting land resumption to the people’s committee at
the same level for decision.

3. The competent people’s committee is responsible for:

(a) Notifying land users of the land resumption and publishing same on the website of the
provincial and district people’s committees;

(b) Directing the resolution of the remaining value of the value invested in the land or assets
attached to land (if any) in accordance with law;

(c) Organizing the coercive enforcement of the decision on land resumption as provided in article
65.3 of this Decree;

(d) Arranging the funds for coercive enforcement of land resumption.

4. The natural resources and environment agency directs the updating and adjustment of the land
database and cadastral file; withdraws certificates or announces that certificates no longer have legal
validity where land users do not return certificates.

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Article 67 Detailed provisions for order and procedures for land requisition

1. A decision on land requisition or written confirmation of land requisition contains the following main
contents:

(a) Full name, title and working place of the person making the decision on land requisition;

(b) Name and address of the person whose land is to be requisitioned or the person currently
managing or using the land to be requisitioned;

(c) Name and address of the organization, full name and address of the person allocated with the
land to be requisitioned for use;

(d) Purpose and duration of the land requisition;

(dd) Location, area, type of land and assets attached to land to be requisitioned;

(e) Time-limit for hand-over of the land to be requisitioned.

2. The return of requisitioned land to a land user upon the expiry of the land requisition duration is
carried out in accordance with the following provisions:

(a) The person authorized to make the decision on land resumption issues a decision on return of
the requisitioned land and sends same to the person whose land is requisitioned;

(b) Where the person whose land is requisitioned voluntarily donates the land to the State, the
procedures for giving as a gift or donation of land use right are carried out in accordance with
law.

3. The responsibility to determine the level of compensation for the damage caused by land requisition
is in accordance with the following provisions:

(a) The chairman of the district people’s committee where the requisitioned land is located is
responsible for determination of the level of compensation for the damage caused by the land
requisition, except for the case provided in sub-clause (b) of this clause;

(b) The chairman of the provincial people’s committee where the requisitioned land is located is
responsible for determination of the level of compensation for the damage caused by the land
requisition where the requisitioned land belongs to the administrative boundaries of multiple
district administrative units.

4. The composition of the council for determination of level of compensation for damage caused by land
requisition comprises:

(a) Chairman or vice chairman of the people’s committee as the head;

(b) Members from the natural resources and environment agency, the financial agency and other
related members;

(c) Representative of the agency of the person authorized to make a decision on land requisition;

(d) Representatives of the district people’s court and the people’s inspectorate where the land is
located;

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 (dd) Members being representatives of the Vietnam Fatherland’s Front at the commune level;

(e) Representative of the person whose land is requisitioned.

Article 68 Order and procedures for land allocation, land lease and permission for conversion of use
purposes of land for rice cultivation, protective forest land and specialized use forest land to
other uses

1. The order and procedures for evaluation of land use requirements and evaluation of the conditions
for land allocation, land lease and permission for conversion of land use purpose are provided as
follows:

(a) The person applying for land allocation or land lease or seeking permission for conversion of
land use purpose submits the evaluation file at the natural resources and environment agency.

The evaluation procedures provided in this sub-clause are not required for investment projects
the investment policy of which has been decided by the National Assembly or approved by the
Prime Minister;

(b) Within a time-limit not exceeding thirty (30) days from the date of receipt of a full and proper
file, the natural resources and environment agency sends a written evaluation to the investor
to prepare the application file for land allocation, land lease or conversion of land use purpose.

The time-limit provided in this sub-clause does not include the time for carrying out the
procedures for permission of conversion of use purposes of land for rice cultivation, protective
forest land and specialized use forest land for implementation of investment projects as
provided in sub-clause (2) of this clause;

(c) The Ministry of Natural Resources and Environment makes detailed provisions for evaluation
of land use requirements and evaluation of the conditions for land allocation, land lease and
permission for conversion of land use purpose.

2. The order and procedures for land allocation, land lease and permission for conversion of use
purposes of land for rice cultivation, protective forest land and specialized use forest land for
implementation of investment projects are provided as follows:

(a) The natural resources and environment agency is responsible for compiling the needs to
convert use purposes of land for rice cultivation, protective forest land and specialized use
forest land for implementation of investment projects in their locality to submit to the people’s
committee at the same level in order to report to the people’s committee at the higher level or
the Ministry of Natural Resources and Environment;

(b) Within a time-limit not exceeding ten (10) working days from the receipt of a full and proper file,
the provincial people’s committee is responsible for presiding over the evaluation and
submitting to the provincial people’s council for approval before the competent people’s
committee makes a decision on the conversion of land use purpose; the Ministry of Natural
Resources and Environment is responsible for taking the lead in coordination with the Ministry
of Agriculture and Rural Development in evaluation and submission to the Prime Minister for
approval of conversion of land use purpose before the competent people’s committee makes a
decision on the conversion of land use purpose;

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 (c) After the Prime Minister has issued a written consent of the conversion of land use purpose,
the provincial people’s council issues a resolution on the conversion of land use purpose and
the competent people’s committee carries out land recovery, land allocation, land lease or
conversion of land use purpose.

3. The order and procedures for land allocation and land lease in the case where land allocation and
land lease are not implemented via an auction of land use rights are provided as follows:

(a) The natural resources and environment agency guides the investor in preparing an application
file for land allocation or land lease and in performing financial obligations in accordance with
law; submits to the competent people’s committee for decision on land allocation and land
lease; and enters into land lease contracts in the case of land lease;

(b) The person allocated with land or leasing land pays land use fees in the case of land allocation
with collection of land use fees, or pays land rent in the case of land lease;

(c) The natural resources and environment agency submits to the competent State agency for
issuance of a certificate of land use right, ownership of residential house and assets attached
to land; organizes land allocation on site and delivery of the certificate to the person allocated
with land or leasing land; and directs the updating and amendment of the land database and
cadastral file.

4. In the case of land allocation or land lease not via an auction of land use rights for project
implementation as provided in articles 61 and 62 of the Law on Land, a number of step of the
preparation work for land allocation or land lease are carried out at the same time with the order and
procedures for land resumption in accordance with the following provisions:

(a) During the implementation of the plan for land resumption, investigation, survey, measurement
or tallying, the investor may carry out surveys and measurements for formation of an
investment project in accordance with the provisions of the law on investment and the law on
construction; the competent agency carries out the procedures for evaluation of the land use
requirements of the investor and evaluation of the conditions for land allocation or land lease;

(b) During the implementation of the approved plan for compensation, assistance and
resettlement, the investor may submit the application file for land allocation or land lease
without having to wait until site clearance is completed.

5. The order and procedures for land allocation and land lease where site clearance has been
completed in the case land allocation and land lease are implemented via an auction of land use
rights are provided as follows:

(a) Based on the district annual land use planning approved by a competent State body, the
natural resources and environment agency directs the preparation of a plan for auction of land
use right to submit to the people’s committee at the same level for approval;

(b) The organization selected to carry out the auction in accordance with the approved plan for
auction of land use rights organizes an auction session for land use rights;

(c) The competent people’s committee issues a decision recognizing the auction winning result;

(d) After the auction winner has completed his or her financial obligations, the natural resources
and environment agency submits to the competent agency for issuance of a certificate, enters
into a land lease contract in the case of land lease; organizes hand-over of the land on site

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 and delivery of the certificate; and directs the updating and amendment of the land database
and cadastral file.

Where the auction winner fails to pay the amount required in full, the natural resources and
environment agency submits to the competent people’s committee for cancellation of the
decision recognizing the auction winning result.

6. The Ministry of Natural Resources and Environment takes the lead in coordinating with the Ministry
of Justice in providing for the organization of auction of land use rights upon land allocation or land
lease by the State.

Article 69 Order and procedures for permission for conversion of land use purpose

1. The land user submits an application for conversion of land use purpose accompanied by the
certificate to the natural resources and environment agency.

2. The natural resources and environment agency is responsible for verifying the file; conducting a
verification on site, evaluating the requirement for conversion of land use purpose; guiding the land
user in performing his or her financial obligations in accordance with law; submitting to the competent
people's committee for decision on permission for conversion of land use purpose; and directing the
updating and adjustment of the land database and cadastral file.

In the case an investor receives transfer of the land use right of an existing land user for
implementation of an investment project, the procedures for transfer of land use right are performed
at the same time with the procedures for permission for conversion of land use purpose.

3. Land users perform their financial obligations in accordance with regulations.

Section 3

Order And Procedures For Registration Of Land Or Assets Attached To Land, And For Issuance Of
Certificates Of Land Use Right, Ownership Of Residential House And Assets Attached To Land

Article 70 Order and procedures for registration of land or assets attached to land, for first time issuance
of certificates of land use right, ownership of residential house and assets attached to land,
and for additional registration of assets attached to land

1. A land user submits one set of file in accordance with regulations for the implementation of
registration procedures.

2. In the case a family household, individual, resident community or Vietnamese person residing
overseas and permitted to own a residential house in Vietnam requests the registration of land or
assets attached to land, or issuance of a certificate of land use right, ownership of residential house
and assets attached to land, the commune people’s committee is responsible for checking the file
and carrying out the following tasks:

(a) In the case of land registration, certifying the current land use status as compared to the
content of declaration for registration; where there is no document as provided in article 100 of
the Law on Land and article 18 of this Decree, certifying the source and timing of land use, the
status of dispute over the land use, and the conformation to zoning.

In the case of registration of assets attached to land, certifying the current status of assets
attached to land as compared to the content of declaration for registration; where there is no
document as provided in articles 31, 32, 33 and 34 of this Decree, certifying the status of

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 dispute over asset ownership; in respect of a residential house or construction work, certifying
the time of creation of the asset, whether a construction permit is required and conformation to
the approved zoning; certifying the plan of the residential house or construction work where
there is no certification by an organization with legal entity status for construction operation or
measuring and mapping operations;

(b) Where no cadastral map is available yet, before implementing the work in sub-clause (a) of
this clause, the commune people’s committee must inform the land registration office for the
latter to make an extract of the cadastral measurements of the parcel of land or to check the
extract of the cadastral measurements of the parcel of land submitted by the land user (if any);

(c) Displaying publicly the results of checking files and certifying current status, status of dispute,
source and timing of land use at the office of the commune people’s committee and the
residential zone where the land and assets attached to land are located for a period of fifteen
(15) days; considering and dealing with comments and opinions on the content publicly
displayed and sending files to the land registration office.

3. The land registration office carries out the following tasks:

(a) In the case family households, individuals and resident communities submit files at the land
registration office, sending such files to the commune people’s committee to obtain certification
and to display publicly the results as provided in sub-clause (2) of this article;

(b) Making an extract of the cadastral map or an extract of the cadastral measurements of the
parcel of land where no cadastral map is available, or where a cadastral map is available but
the current status of land use boundaries has changed, or checking the extract of the cadastral
measurements of the parcel of land submitted by the land user (if any);

(c) Checking and certifying plans of assets attached to land for domestic organizations, religious
establishments, foreign organizations, foreign individuals, Vietnamese people residing
overseas implementing investment projects where such plans have not been certified by an
organization with legal entity status for construction operation or measuring and mapping
operations;

(d) Checking registration files; conducting a verification on-site where necessary; certifying on
registration applications whether the conditions for issuance of certificates of land use right,
ownership of residential house and assets attached to land are satisfied or not;

(dd) Sending requests to obtain an opinion from the administrative agency for State administration
of the relevant type of assets where the owner of assets attached to land does not have any
document, or the current status of such assets has changed compared to the documents
provided in articles 31, 32, 33 and 34 of this Decree. Within a time-limit not exceeding five
working days, the administrative agency for State administration of assets attached to land is
responsible for sending a written response to the land registration office;

(e) Updating information of parcels of land and assets attached to land, and making registration in
the cadastral file and land database (if any);

(g) In the case a land user requests issuance of a certificate of land use right, ownership of
residential house and assets attached to land, sending cadastral data to the tax office to
determine and notify the collection of financial obligations except where financial obligations
are not required to be paid or may be credited in accordance with law; preparing files for the
natural resources and environment agency to sign and issue certificates of land use right,

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 ownership of residential house and assets attached to land; updating and supplementing the
issuances of certificate of land use right, ownership of residential house and assets attached to
land to the cadastral file and land database; delivering certificates of land use right, ownership
of residential house and assets attached to land to those issued with such certificates, or
sending certificates of land use right, ownership of residential house and assets attached to
land to the commune people’s committee to deliver to those who submitted their files at the
commune level.

4. The natural resources and environment agency carries out the following tasks:

(a) Checking files and submitting to the competent agency for issuance of certificates of land use
right, ownership of residential house and assets attached to land;

In the case of land lease, submitting to the competent people’s committee for signing decisions
on land lease; entering into land lease contracts and submitting to the competent agency for
issuance of certificates of land use right, ownership of residential house and assets attached to
land upon completion of financial obligations by land users in accordance with law.

(b) Forwarding files which have been dealt with to the land registration office.

5. Where a land user has registered land in accordance with law and now wishes to be issued with a
certificate of land use right, ownership of residential house and assets attached to land, an
application to request issuance of a certificate is submitted; the land registration office and the
natural resources and environment agency carry out the tasks provided in clause 3(g) and clause 4
of this article.

Article 71 Order and procedures for land registration in the case of land allocation by the State for
management

1. A person currently allocated with land by the State for management as provided in article 8 of the
Law on Land who has not yet registered is responsible for submitting one set of file for land
registration. The land registration office is responsible for checking the current land use status; and
updating information in the cadastral file and land database.

2. In the case of land allocation by a competent State agency for management, the land registration
office updates information in the cadastral files and land database based on the decision on land
allocation for management.

Article 72 Order and procedures for registration and issuance of certificates of land use right, ownership
of residential house and assets attached to land to transferees of land use right or purchasers
of a residential house or construction work in residential house development projects

1. Upon completion of work, the investor of a residential house development project is responsible for
sending to the Department of Natural Resources and Environment the following documents:

(a) Decision on project approval, or investment decision, or investment licence, or investment

certificate;

(b) Decision on approval of detailed construction zoning of 1/500 scale; construction permit (if
any);

(c) Certificate or decision on land allocation or land lease or the competent agency; source
documents of financial obligation performance of the owner of the residential house

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 development project (except for the case where exemption or deferred payment is permitted in
accordance with law);

(d) Layout of the constructed houses and land being the as-built floor drawing or floor design
drawing with the dimensions of each apartment which has been sold matching the current
construction status and signed contracts; list of apartments and works constructed for sale
(with information on the number of each apartment, area of land, area of construction and
areas of common use and private use of each apartment); in the case of an apartment
building, the layout must show the extent (size, area) of the land for common use by apartment
owners, the floor for construction of the apartment building, and the floor of each storey and
each apartment;

(dd) Report on the result of project implementation.

2. Within a time-limit not exceeding thirty (30) days from the date of receipt of a file, the Department of
Natural Resources and Environment is responsible for checking the current status of land use,
constructed houses and works, and the conditions for transfer of land use right and sale of residential
houses of the project investor.

Upon completion of checking, the Department of Natural Resources and Environment is responsible
for sending a notice on the results of checking to the project investor; and sending a notice
accompanied by the checked house and land layout to the land registration office to carry out house
and land registration procedures for purchasers where conditions are satisfied in accordance with
law.

3. The investor of a residential house project is responsible for submitting one set of file for registration
and issuance of certificates of land use right, ownership of residential house and assets attached to
land on behalf of transferees of land use right and purchasers of residential houses or construction
works, or for providing files for purchasers for the latter to make registration. A file comprises:

(a) Application form for registration of land or assets attached to land, and for issuance of a
certificate of land use right, ownership of residential house and assets attached to land;

(b) Contract for transfer of land use right, or for sale and purchase of residential houses or
construction works in accordance with law;

(c) Minutes of hand-over of houses, land or construction works.

4. The land registration office is responsible for carrying out the following tasks:

(a) Checking legal documents in the file; certifying on the registration application whether the
conditions for issuance of a certificate of land use right, ownership of residential house and
assets attached to land are satisfied or not;

(b) Sending cadastral data to the tax office to determine financial obligations (if any);

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

(d) Preparing files for submission to the competent agency for issuance of certificates of land use
right, ownership of residential house and assets attached to land provided in article 37 of this
Decree;

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 (dd) Requesting that the project investor submit the issued certificate of land use right, ownership
of residential house and assets attached to land to amend the cadastral file and land
database;

(e) Delivering certificates of land use right, ownership of residential house and assets attached to
land to those issued with such certificates.

5. Where a project investor breaches the law on land, the law on construction or the law on residential
housing, the Department of Natural Resources and Environment reports to the provincial people’s
committee for resolution in accordance with law.

Article 73 Order and procedures for registration of creation, change or termination of the right to limited
land use in respect of the adjacent parcel(s) of land

1. Upon the arising, change or termination of the right to limited land use in respect of the adjacent
parcel(s) of land, one of the parties submits an application, certificate (if any), contract or judgement
or decision of the people’s court to the land registration office.

2. The land registration office checks, updates the cadastral file and land database and records on the
certificate if required.

Article 74 Order and procedures for extension of land use; confirmation of continued use of agricultural
land by a family household or individual upon expiry of land use duration

1. Organizations, Vietnamese people residing overseas, foreign-invested enterprises, family

households and individuals using land outside hi-tech zones, economic zones and not in the case
provided in clauses 2 and 3 of this article who wish to extend land use durations carry out the
following:

(a) At least six months before the expiry of the land use duration, a land user wishing to extend
the land use duration submits one set of file to request land use duration.

In the case of adjustment to an investment project which involves a change to the operation
duration of the project, the file to request extension of the land use duration is submitted after
the competent agency has issued a document on adjustment to the investment project;

(b) The natural resources and environment agency is responsible for evaluating the land use
requirements; where the conditions for extension are satisfied, it assigns the land registration
office to send cadastral information to the tax office to determine the financial obligations;
submits to the people’s committee at the same level for decision on extension of the land use
right; enters into a land lease contract in the case of land lease; and forwards the file to the
land registration office for registration.

In the case of application for extension of the land use duration where the procedures for
registration of adjustment to an investment project are required, evaluation of the land use
requirements is carried out at the same time with performance of the procedures for
registration of adjustment to the investment project.

In the case the scope of an investment project is adjusted involving a change to the duration of
operation of the project, the land use duration is adjusted according to the duration of
operation of the project;

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 (c) The land user submits the issued certificate and source documents of completion of financial
obligations to the natural resources and environment agency in the case the land use duration
is extended;

(d) The land registration office is responsible for certifying the extension of the land use duration
on the issued certificate; amending and updating changes to the cadastral file and land
database; delivering the certificate to the person issued with it or sending it to the commune
people’s committee for delivery where the applicant submitted the file at the commune level;

(dd) In the case the conditions for extension of land use duration are not satisfied, the natural
resources and environment agency informs the land user and carries out the procedures for
land resumption in accordance with law.

2. Upon expiry of land use duration, family households and individuals directly engaged in agricultural
production and currently using agricultural land whose land use right is allocated or recognized by
the State, or transferred to them, may continue using land in accordance with the duration provided
in articles 126.1 and 201.3 of the Law on Land without having to perform the procedures for
adjustment to land use duration.

3. Where family households and individuals provided in clause 2 of this article wish to have the land use
duration on their certificate re-certified, the following order and procedures are performed:

(a) The land user submits a file to request re-certification of the land use duration;

(b) The commune people’s committee where the land is allocated checks the file, certifies that the
family household or individual is currently using land directly for agricultural land without any
decision on land resumption of a competent State body, and forwards the file to the land
registration office;

(c) The land registration office checks the file; certifies the duration of continued land use
permitted in accordance with the duration provided in articles 126.1 and 210.3 of the Law on
Land on the issued certificate; amends and updates the cadastral file and land database, and
delivers the certificate to the land user, or sends it to the commune people’s committee for
delivery where the file was submitted at the commune level.

Article 75 Order and procedures for division or consolidation of parcels of land

1. The land user submits one set of file to request division or consolidation of parcels of land.

2. The land registration office is responsible for carrying out the following tasks:

(a) Making cadastral measurements for division of the parcel of land;

(b) Preparing a file to submit to the competent agency for issuance of certificates of land use right,
ownership of residential house and assets attached to land to land user(s) for the new
parcel(s) of land which has just been divided or consolidated;

(c) Amending and updating changes to the cadastral file and land database; and delivering
certificates of land use right, ownership of residential house and assets attached to land to the
persons issued with such certificates or sending them to the commune people’s committee for
delivery to those who submitted their files at the commune level.

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3. In the case of division of a parcel of land as a result of transfer of the use right of a part of the parcel
of land, as a result of resolution of a dispute, complaint or denunciation, as a result of land auction or
division of a family household or group of land users; as a result of realization of a contract for
mortgage, capital contribution, or confiscation and selling land use right via auction for execution of a
judgement (hereinafter referred to as right transfer), the land registration office carries out the
following tasks:

(a) Making cadastral measurements for division of the parcel of land;

(b) Implementing the procedures for registration of changes in accordance with this Decree for the
part of area subject to the right transfer; at the same time, certifying the change on the issued
certificate or submitting to the agency authorized to issue a certificate of land use right,
ownership of residential house and assets attached to land for the remaining area of the parcel
of land not subject to the right transfer; amending and updating changes to the cadastral file
and land database; and delivering to the land user or sending to the commune people’s
committee for delivery where the file was submitted at the commune level.

4. In the case of division of a parcel of land due to resumption of part of the parcel of land by the State,
the natural resources and environment agency is responsible for directing the land registration office
to carry out the following tasks based on the decision on land resumption of the competent State
agency:

(a) Making measurements and adjustments to the cadastral map, the cadastral file and land
database;

(b) Certifying the change on the issued certificate and delivering it to the land user or sending it to
the commune people’s committee delivery where the file was submitted at the commune level.

Article 76 Replacement of certificates, certificates of ownership of residential house and certificates of

ownership of construction work

1. Issued certificates, certificates of ownership of residential house and certificates of ownership of

construction works are replaced in the following cases:

(a) Land users wish to replace certificates of ownership of residential house, certificates of
ownership of construction works or types of certificates issued before 10 December 2009 to
certificates of land use right, ownership of residential house and assets attached to land;

(b) Issued certificates, certificates of ownership of residential house and certificates of ownership
of construction works are stained, blurred, torn or damaged;

(c) In the case of land regrouping and exchange, or measurement to re-determine the area and
size of a parcel of land;

(d) In the case the land use right or ownership of assets attached to land is common asset of both
spouses but the issued certificate only states the full name of the wife or of the husband and
they now wish to have a replacement certificate which states the full names of both spouses.

2. The land user submits one set of file to request the replacement of a certificate.

3. The land registration office is responsible for carrying out the following tasks:

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 (a) Checking the file and certifying the reason for the request to replace a certificate on the
application;

(b) Preparing the file to submit to the competent agency for issuance of a certificate of land use
right, ownership of residential house and assets attached to land;

(c) Amending and updating changes to the cadastral file and land database; delivering the
certificate of land use right, ownership of residential house and assets attached to land to the
person issued with such certificate or sending it to the commune people’s committee for
delivery where the file was submitted at the commune level.

4. In the case of replacement of a certificate after land regrouping or replace, or measuring for making a
cadastral map and the issued certificate is being mortgaged at a credit institution, the land user
submits a copy of the contract for mortgage of land use right or assets attached to land in place of
the issued certificate in order to carry out the procedures for replacement with a new certificate.

The land registration office is responsible for notifying credit institutions where land use right and
assets attached to land are mortgaged of the list of cases where the procedures for replacement of
certificates are carried out; certifying registration of the mortgage on the certificate of land use right,
ownership of residential house and assets attached to land after it is signed by the competent agency
for replacement.

5. The delivery of a certificate of land use right, ownership of residential house and assets attached to
land provided in clause 4 of this article is made at the same time among three parties namely the
land registration office, the land user and the credit institution in accordance with the following
provisions:

(a) The land user signs and receives the certificate of land use right, ownership of residential
house and assets attached to land from the land registration office to give to the credit
institution being the mortgagee;

(b) The credit institution is responsible for handing over the previous certificate currently
mortgaged to the land registration office for management.

Article 77 Re-issuance of lost certificates, certificates of ownership of residential house and certificates of
ownership of construction work

1. Family households, individuals and resident communities must declare the loss of their certificates,
certificates of ownership of residential house and certificates of ownership of construction works to
the commune people’s committee where the land is located, which is responsible for displaying a
notice on loss of certificates at the commune people’s committee, except the case of loss due to
natural disasters or fires.

Domestic organizations, religious establishments, foreign organizations, foreign individuals or

Vietnamese people residing overseas must publish the loss of certificates, certificates of ownership
of residential house or certificates of ownership of construction works on local means of mass media.

2. After thirty (30) days from the date of display of the notice on the loss of a certificate at the office of
the commune people’s committee in the case of a family household, individual or resident
community, or from the date of the first publication on the local means of mass media in the case of a
domestic organization, religious establishment, foreign organization, foreign individual or Vietnamese
person residing overseas, the person losing the certificate submits one set of file to request re-
issuance of the certificate.

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3. The land registration office is responsible for checking the file, making an extract of the cadastral
map or an extract of the cadastral measurements of the parcel of land where no cadastral map is yet
available and no extract of the cadastral measurements of the parcel of land has been made;
preparing the file to submit to the competent State agency provided in article 37 of this Decree for
signing the decision on cancellation of the lost certificate and at the same time signing the re-
issuance of a certificate of land use right, ownership of residential house and assets attached to land;
amending and updating changes to the cadastral file and land database; delivering the certificate of
land use right, ownership of residential house and assets attached to land to the person issued with it
or sending it to the commune people’s committee for delivery where the file was submitted at the
commune level.

Article 78 Order and procedures for conversion of agricultural land use right of family households and
individuals for implementation of ‘land regrouping and exchange’

1. Family households and individuals using agricultural land agree among themselves in writing on the
conversion of agricultural land use right.

2. The commune people’s committee prepares a common plan for conversion of agricultural land use
right for the entire commune, ward or township (including the time schedule for the conversion) and
sends same to the Division of Natural Resources and Environment.

3. The Division of Natural Resources and Environment is responsible for verifying the plan, submitting it
to the district people’s committee for approval, and directing the commune people’s committee to
organize the conversion of land and field by family households and individuals according to the
approved plan.

4. The Department of Natural Resources and Environment directs the implementation of measurement,
preparation and amendment of cadastral maps.

5. Family households and individuals using land submit files for replacement of certificates.

6. The land registration office is responsible for carrying out the following tasks:

(a) Checking the file and certifying the content of change on the application to request
replacement of a certificate;

(b) Preparing the file to submit to the competent agency for issuance of a certificate of land use
right, ownership of residential house and assets attached to land to the land user;

(c) Formulating or updating and amending the cadastral file and land database; organizing
delivery of certificates of land use right, ownership of residential house and assets attached to
land to land users in the commune, ward or township where the land is located.

Where a land user is currently mortgaging the land use right at a credit institution, the land
registration office delivers the certificate in accordance with article 76.5 of this Decree.

Article 79 Order and procedures for conversion, transfer, lease, sub-lease, inheritance, giving as a gift or
donation, or capital contribution by land use right or ownership of assets attached to land;
conversion of land use right or ownership of assets attached to land of one spouse to joint
ownership of both spouses

1. The land user submits one set of file for exercise of the right of the land user or owner of assets
attached to land.

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 In the case of exercise of the land user’s right in respect of a part of a parcel of land, the land user
requests that the land registration office make measurements for division of the parcel of land for the
area the land user’s right in respect of which requires to be exercised before submitting the file for
exercise of the land user’s right.

2. The land registration office is responsible for checking the file, and for carrying out the following tasks
if the conditions for exercise of rights are satisfied in accordance with regulations:

(a) Sending cadastral information to the tax office to determine and notify the collection of financial
obligations in the cases financial obligations must be performed in accordance with
regulations;

(b) Certifying the content of change to the issued certificate as provided by the Ministry of Natural
Resources and Environment.

In the case issuance of a certificate of land use right, ownership of residential house and
assets attached to land is required, preparing the file to submit to the competent agency for
issuance of a certificate of land use right, ownership of residential house and assets attached
to land to the land user;

(c) Amending and updating changes to the cadastral file and land database; delivering the
certificate to the person issued with such certificate or sending it to the commune people’s
committee for delivery where the file was submitted at the commune level.

3. Where the land user gives or donates the land use right for construction of public works, a document
on giving as a gift or donation of land use right must be made in accordance with law.

Upon completion of the construction of public works on the given or donated land, the land
registration office, based on the document on giving as a gift or donation of land use right certified by
the commune people’s committee and the current land use status, measures, makes the change in
the cadastral file and land database, and informs the land user for the latter to submit the issued
certificate for certification of the change. Where a land user gives or donates the entire area of the
land for which a certificate was issued, the certificate is withdrawn for management.

4. Where the person requesting the issuance of a certificate died before the certificate is delivered, the
heir of the land use right in accordance with the law on inheritance submits additional documents on
inheritance in accordance with regulations.

The land registration office certifies the inheritance on the issued certificate or prepares a file to
submit to the competent agency for issuance of a certificate of land use right, ownership of
residential house and assets attached to land to the heir in accordance with regulations of the
Ministry of Natural Resources and Environment. The heir is responsible for performance of the
financial obligations regarding the land use right and assets attached to land which must be
performed by the person issued with the certificate who died in accordance with law.

5. Where a land user leases land from the State with annual rent payment sells or contributes capital by
assets attached to the leased land, the following order and procedures must be performed:

(a) To sell, purchase or contribute capital by assets attached to land in accordance with the civil
law;

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 (b) Upon receipt of the file for sale or capital contribution by assets attached to the leased land,
the land registration office prepares a file for the purchaser and the party receiving the capital
contributed by assets attached to the leased land to continue the land lease;

(c) The natural resources and environment agency is responsible for verifying the file to submit to
the competent people’s committee for decision on land resumption of the seller or the party
contributing capital by assets attached to the leased land for the purchaser or the party
receiving the capital contributed by assets attached to the leased land to continue the land
lease; signing the land lease contract with the purchaser or the party receiving the capital
contributed by assets attached to the leased land; and notifying the tax office of the termination
of the land lease contract with the seller or the party contributing capital by such assets;

(d) The land registration office sends the land lease contract to the purchaser and the party
receiving the capital contributed by assets attached to the leased land; amending and updating
changes to the cadastral file and land database; and delivering certificates of land use right,
ownership of residential house and assets attached to land to the persons issued with such
certificates;

(dd) In the case of sale and purchase, or capital contribution by assets attached to a part of the
leased parcel of land, the procedures for division of the parcel of land must be carried out
before the procedures for land lease provided in this clause.

Article 80 Order and procedures for cancellation of registration of lease, sub-lease, capital contribution
by land use right or ownership of assets attached to land

1. One of the parties or the parties entering into a contract for lease or sub-lease, or contract for capital
contribution by land use right or assets attached to land submit one set of file for cancellation of
registration of lease, sub-lease, capital contribution by land use right or ownership of assets attached
to land.

2. The land registration office is responsible for checking the file, and if it conforms to provisions of law,
for carrying out the following tasks:

(a) Certifying the cancellation of registration of lease, sub-lease, or cancellation of capital

contribution on the certificate in accordance with regulations and delivering same to the lessor,
sub-lessor, or capital contributing party. In the case of lease or sub-lease of land in an
industrial zone or capital contribution by land use right where a certificate has been issued to
the lessor, sub-lessor of land or the capital contributing party, such issued certificate is
withdrawn; and the party receiving the capital contribution is re-issued with a certificate of land
use right, ownership of residential house and assets attached to land.

Where the land use duration expires at the same time with the cancellation of the lease, sub-
lease, or cancellation of the capital contribution by land use right, and the land user does not
wish to continue the land use, or the land use duration is not extended by the competent State
agency, the issued certificate is withdrawn;

(b) Cancellation of registration of lease, sub-lease, and cancellation of capital contribution by land
use right are made on the cadastral file and land database.

3. Capital contribution by land use right terminates in the following cases:

(a) Expiry of the duration of the capital contribution by land use right;

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 (b) At the request of one or more parties as agreed in the capital contribution contract;

(c) Land resumption in accordance with the Law on Land;

(d) The party contributing capital by land use right in a business cooperation contract or joint
venture enterprise is declared bankrupt or dissolved;

(dd) The individual involved in the capital contribution contract dies; is declared dead; loses or is
restricted in his or her capacity for civil acts; or is prohibited from operating in the field of
business cooperation and the capital contribution contract must be implemented by such
individual;

(e) The operation of the legal entity involved in the capital contribution contract is terminated and
the capital contribution contract must be implemented by such legal entity.

4. Upon termination of the capital contribution, the land use right is dealt with as follows:

(a) Where the capital contribution duration expires or the parties agree on termination of the
capital contribution, the party contributing capital by the land use right is permitted to continue
using such land for the remaining duration.

Where the land use duration has expired or the party contributing capital by the land use right
no longer wishes to use [the land], the State leases the land to the party receiving the capital
contribution if the latter so wishes;

(b) In the case of termination of capital contribution as decided by a competent State agency due
to a breach of the law on land, the State resumes such land;

(c) In the case the party receiving the capital contribution or the party contributing capital by the
land use right being an organization becomes bankrupt, the land use right which was
contributed as capital is dealt with in accordance with the decision on declaration of
bankruptcy of the people’s court.

The person receiving land use right and assets attached to land under a decision of the
people’s court may continue using the land for the correct purposes determined for the
remaining land use duration and is issued with a certificate of land use right, ownership of
residential house and assets attached to land.

Where there is no person to receive land use right and assets attached to land, the State
resumes such land and assets;

(d) Where an individual involved in the capital contribution contract dies, the land use right
contributed as capital may be inherited in accordance with the civil law;

(dd) Where an individual involved in the capital contribution contract is declared dead, is dead or is
restricted in his or her capacity for civil acts; the case is dealt with in accordance with the civil
law;

(e) Where a joint venture enterprise is dissolved or the party contributing capital by land use right
being an organization is dissolved, the land use right contributed as capital is dealt with as
agreed between the parties in accordance with the provisions of the Law on Land and other
provisions of relevant laws.

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Article 81 Order and procedures for registration and cancellation of registration of mortgage by land use
right and realization of mortgaged land use right for debt recovery

1. The Ministry of Justice takes the lead in coordinating with the Ministry of Natural Resources and
Environment in providing guidelines for registration of mortgage of land use right and assets attached
to land.

2. Realization of land use right already guaranteed in accordance with the 2003 Law on Land or
mortgaged for debt recovery is provided as follows:

(a) Land use guaranteed or mortgaged right is dealt with as agreed in the mortgage contract or
guarantee contract. Failing realization as agreed, the mortgagee or the beneficiary of the
guarantee has the right to transfer the guaranteed or mortgaged right to other people for debt
recovery, to request that the competent State agency sell the land use right via an auction
without the consent of the mortgagor or guarantor, or to initiate an action at the people’s court
in accordance with law;

(b) The person receiving land use right provided in sub-clause (a) of this clause is issued with a
certificate of land use right, ownership of residential house and assets attached to land; may
use the land for the designated purposes and have the rights and obligations provided by the
law on land for the remaining land use duration; the land user may use residential land on a
stable and long term basis.

Article 82 Procedures for registration and issuance of certificate of land use right, ownership of
residential house and assets attached to land where land use right has been transferred but
the right transfer procedures have not been implemented in accordance with regulations

1. In the case a person is using land the use right of which was transferred, inherited, given as a gift or
donated before 1 January 2008 but such land has not been issued with a certificate and does not fall
within the case provided in clause 2 of this article, the transferee of the land use right performs the
procedures for land registration and first time issuance of a certificate of land use right, ownership of
residential house and assets attached to land in accordance with the Law on Land and this Decree
without having to perform the procedures for transfer of land use right; the agency receiving the file
must not force the transferee of land use right to submit the contract or document on transfer of land
use right in accordance with law.

2. In the case a person is using land the use right of which was transferred, inherited, given as a gift or
donated before 1 July 2014 and the transferee of the land use right only has a certificate of the
transferor of the land use right or a contract or document on transfer of land use right in accordance
with regulations, the following provisions are performed:

(a) The transferee of the land use right submits an application to request issuance of a certificate
of land use right, ownership of residential house and assets attached to land and available
documents on the land use right;

(b) The land registration office notifies the transferor in writing and displays a notice at the
commune people’s committee where the land is located on the performance of procedures for
issuance of a certificate of land use right, ownership of residential house and assets attached
to land to the transferee. Where the address of the transferor is not known for notification, the
information must be published on a local means of mass media for three consecutive issues
(the cost of publication is paid by the person requesting issuance of a certificate of land use
right, ownership of residential house and assets attached to land);

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 (c) After a time-limit of thirty (30) days from the date of notice or first publication on the local
means of mass media, if there is no application for resolution of a dispute, the land registration
office prepares a file to submit to the competent agency for decision on cancellation of the
issued certificate in the case no certificate was submitted to perform the procedures, and at
the same time, issuance of a new certificate of land use right, ownership of residential house
and assets attached to land to the transferee.

Where there is any application to request resolution of a dispute, the land registration office
provides guidelines to the applicant(s) to submit their application(s) to the competent State
agency for resolution in accordance with regulations.

Article 83 Procedures for registration of changes in the case of establishment of private enterprises,
transfer of investment projects, conversion of companies; division, demerger, merger and
consolidation of enterprises

1. In the case a family household or individual establishes a private enterprise and uses land for
production or business operations of the enterprise without changing the land use purpose, the
private enterprise may continue using land and is responsible for performing procedures for
registration of change to the name of the land user as provided in article 95.4(b) of the Law on Land
and article 85 of this Decree. In the case of using land leased from the State, the private enterprise
must enter into a new land lease contract with the Department of Natural Resources and
Environment before it is permitted to receive a certificate.

In the case a family household or individual establishes a private enterprise and uses land for
production or business operations of the enterprise, and permission is required to convert the land
use purpose, the private enterprise must perform procedures for conversion of the land use purpose.
The private enterprise submits the application file for conversion of land use purpose together with
the file for registration of change to the name of the land user; the competent agency considers and
decides on permission for conversion of land use purpose at the same time as it considers the
confirmation of change to the name of the land user.

Upon termination of operation of the private enterprise, if the land use right is not required to be dealt
with in accordance with law, the change to the name of the land user for the family household or
individual is registered as provided in article 95.4(b) of the Law on Land and article 85 of this Decree.

2. In the case of transfer of an investment project using land in accordance with law, the following
provisions are to be implemented:

(a) In the case of project transfer, if the transferor is allocated with land by the State with collection
of land use fees, leases land from the State with a one-off payment of land rent for the entire
lease term, or receives transfer of land use right in accordance with law, and the land use fees,
land rent or payment for receipt of transfer of land use right paid is not sourced from the State
budget, the parties concerned must carry out the procedures for transfer of land use right in
accordance with article 79 of this Decree. The contract for project transfer must clearly
demonstrate the value of land use right in the total value of the project transfer, and is used as
a substitute for the contract for land use right transfer upon performance of the procedures for
land use right transfer;

(b) In the case of project transfer, if the transferor is allocated with land by the State without
collection of land use fees, leases land from the State with annual rent payment, is allocated
with land by the State with collection of land use fees, leases land from the State with a one-off
payment of land rent for the entire lease term, or receives transfer of land use right in
accordance with law, and the land use fees, land rent or payment for receipt of transfer of land

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 use right paid is sourced from the State budget, the parties concerned submit the contract for
project transfer and the issued certificate to carry out the same procedures as in the case of
sale of assets attached to land.

The Department of Natural Resources and Environment submits to the provincial people’s
committee for decision on land resumption from the project transferor and decision on land
allocation or land lease to the project transferee; issues a certificate of land use right,
ownership of residential house and assets attached to land to the project transferee in
accordance with the law on land.

3. The Ministry of Natural Resources and Environment makes detailed provisions for registration of
changes in the case of conversion of companies; division, demerger, merger and consolidation of
enterprises.

Article 84 Order and procedures for registration of changes to land or assets attached to land in the
cases of winning an auction of land use right; resolution of disputes, complaints or
denunciations on land; dealing with mortgage or capital contribution contracts; confiscation
and selling via auction land use right or assets attached to land for execution of a judgement;
division, demerger, merger and consolidation of an organization or conversion of a company;
agreement on merger or division of land use right or ownership of assets attached to land of
family households, of spouses or a group of land users

1. The person responsible for submitting a file is provided as follows:

(a) The recipient of land use right or assets attached to land in the case of receipt of land use right
in accordance with the result of resolution of a dispute, complaint or denunciation on land;
realization of a contract for mortgage by land use right or assets attached to land in
accordance with an agreement; a decision or judgement of the people’s court, a decision on
enforcement of a judgement of the judgement enforcement agency which has been enforced;
result of an auction of land use right or assets attached to land; division or demerger of a
family household or a group of land users;

(b) The organization which implemented realization of land use right or assets attached to land
submits a file on behalf of the recipient of land use right in the case of realization of a contract
for mortgage by land use right or assets attached to land not in accordance with an
agreement; confiscation and selling via auction land use right or assets attached to land for
execution of a judgement in accordance with law.

2. Files for registration of receipt of land use right or assets attached to land are submitted in
accordance with articles 60 and 79 of this Decree.

3. The land registration office is responsible for checking the file, and for carrying out the following tasks
if it conforms to provisions of law:

(a) Making an extract of the cadastral map of the parcel of land where no cadastral map is yet
available, no extract of the cadastral measurements of the parcel of land has been made, or
the land use right has not been received for a part of the parcel of land for which a certificate
has been issued;

(b) Sending cadastral information to the tax office to determine the financial obligations in the case
financial obligations must be performed in accordance with regulations and notifying the
collection of financial obligations;

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 (c) Certifying on the issued certificate; in the case issuance of a certificate of land use right,
ownership of residential house and assets attached to land is required by regulations,
preparing the file to submit to the competent agency for issuance of a certificate of land use
right, ownership of residential house and assets attached to land if there is a requirement;

(d) Amending and updating changes to the cadastral file and land database; delivering certificates
of land use right, ownership of residential house and assets attached to land to the persons
issued with such certificates or sending them to the commune people’s committee for delivery
to those who submitted their files at the commune level.

Article 85 Order and procedures for registration of changes to land or assets attached to land as a result
of changes to information of persons issued with certificates; reduction of area of parcel of land
due to natural landslides; changes to limits to land use right; changes to financial obligations;
changes to assets attached to land compared to the content registered and issued with
certificates; conversion from land lease with annual rent payment to land lease with a one-off
payment of land rent for the entire lease term

1. A land user submits one set of file for registration of changes.

2. The land registration office is responsible for checking the file, and for carrying out the following tasks
if it conforms to provisions of law:

(a) Making an extract of the cadastral map of the parcel of land where there is a change to the
area of the parcel of land or assets attached to land, or in the case a certificate has been
issued but no cadastral map is yet available or no extract of the cadastral measurements of
the parcel of land has been made;

(b) In the case of registration of changes to the area of construction, area of use, storey height,
structure, grade (ranking) of a house or construction work which does not conform with the
construction permit or there is no construction permit where permission is required, sending a
written request for the opinion of the administrative agency for administration and issuance of
construction permits in accordance with the law on construction;

(c) Sending cadastral information to the tax office to determine and notify the collection of financial
obligations in the cases land use fees or land rent must be paid in accordance with law;

(d) Certifying the changes to the issued certificates or preparing a file to submit to the agency
authorized to issue certificates of land use right, ownership of residential house and assets
attached to land where re-issuance of certificates are required in accordance with regulations
of the Ministry of Natural Resources and Environment; notifying the land user to sign or re-sign
a land lease contract with the natural resources and environment agency in the case land
lease is required;

(dd) Amending and updating changes to the cadastral file and land database; delivering the
certificate to the persons issued with such certificate or sending it to the commune people’s
committee for delivery where the file was submitted at the commune level.

3. Where the land user wishes to convert the land use purpose in combination with registration of
changes to the content provided in this article, the procedures provided in clauses 1 and 2 of this
article are performed at the same time with the procedures for conversion of land use purpose.

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Article 86 Procedures for correction of issued certificates, certificates of ownership of residential house
and certificates of ownership of construction work

1. Land users or owners of assets attached to land submit issued certificates of ownership of residential
house, certificates of ownership of construction works which contain errors to the land registration
office for correction. In the case the error is due to the fault of the land user or owner of assets
attached to land, such land user or owner of assets attached to land must submit an application to
request correction.

Where the land registration office discovers an error in an issued certificate, certificate of ownership
of residential house, certificate of ownership of construction work, it informs the land user and
requests that the land user or owner of assets attached to land submit the issued certificate for
correction.

2. The land registration office is responsible for checking; preparing minutes with conclusion on the
content of and reason for the error; preparing the file to submit to the competent agency to make a
correction on the issued certificate, certificate of ownership of residential house or certificate of
ownership of construction work which contains the error; and at the same time, correcting the error in
the cadastral file and land database.

3. In the case the person issued with a certificate, certificate of ownership of residential house or
certificate of construction work requiring correction wishes to have it replaced with certificate of land
use right, ownership of residential house and assets attached to land, the land registration office
submits to the competent agency for issuance of a certificate of land use right, ownership of
residential houses and assets attached to land.

Article 87 Procedures for withdrawal of issued certificates, certificates of ownership of residential house
and certificates of ownership of construction works

1. Where the State resumes land in accordance with articles 61 and 62 of the Law on Land, the land
user has the obligation to return the issued certificate before payment for compensation or
assistance may be received in accordance with the law on land. The organization carrying out the
duty of compensation and site clearance is responsible for collecting issued certificates and
forwarding same to the land registration office for management.

2. Where the State resumes land in accordance with articles 64 and 65 of the Law on Land, the land
user returns the issued certificate before handing over the land to the State, except for the case
provided in article 65.1(b) of the Law on Land. The organization assigned with the duty of land
resumption is responsible for collecting the issued certificate and forwarding it to the land registration
office for management.

3. In the case of replacement of an issued certificate, certificate of ownership of residential house or

certificate of construction work or registration of changes to land or assets attached to land and
issuance of a certificate of land use right, ownership of residential house and assets attached to land
is required, the land user submits the issued certificate together with a file to request replacement of
certificate or to register changes.

The land registration office manages certificates submitted after completion of procedures for
replacement or procedures for registration of changes to land or assets attached to land.

4. Certificates issued not in accordance with the law on land as provided in article 106.2(dd) of the Law
on Land are withdrawn as follows:

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 (a) Where the investigating agency or inspection agency has a written conclusion that certificates
were issued not in accordance with the law on land, the competent State agency is
responsible for considering [such conclusion] and decides on withdrawal of the issued
certificates if the conclusion is correct; if after consideration, it determines that the issued
certificates conform with provisions of law, it must inform the investigating agency or inspection
agency;

(b) Where the competent State agency which issued a certificate of land use right, ownership of
residential houses and assets attached to land discovers that the issued certificate did not
conform with the law on land, it informs the inspection agency at the same level in writing for
the latter to carry out verification; if the conclusion is that the issued certificate did not conform
with law, it notifies the land user of the reason therefor; if there is no written complaint after
thirty (30) days from the date of sending the notice to the land user, it issues a decision to
withdraw the issued certificate;

(c) Where a land user discovers that an issued certificate did not conform with the law on land, he
or she sends a recommendation or the discovery to the competent State agency for issuance
of certificates of land use right, ownership of residential houses and assets attached to land.
The competent State agency for issuance of certificates of land use right, ownership of
residential houses and assets attached to land is responsible for consideration and resolution
in accordance with sub-clause (b) of this clause;

(d) The land registration office carries out the withdrawal and management of withdrawn
certificates in accordance with the decision on certificate withdrawal of the competent agency;

(dd) A land user or owner of assets attached to land who does not agree with the resolution of the
competent State agency as provided in sub-clauses (a), (b) and (c) of this clause has the right
to complain in accordance with the law on complaints.

5. The State does not withdraw certificates issued not in accordance with law in the cases provided in
article 106.2(d) of the Law on Land if the persons issued with such certificates have carried out the
procedures for conversion, transfer of land use right or ownership of assets attached to land, or
conversion of land use purpose and [such procedures] have been dealt with in accordance with law.

Damage caused by issuance of certificates not in accordance with law is dealt with under a decision
or judgement of the people’s court. A person conducting an act of breach resulting in the issuance of
a certificate not in accordance with law is dealt with as provided in articles 206 and 207 of the Law on
Land.

6. Certificates issued not in the cases provided in article 106.2 of the Law on Land may only be
withdrawn where there is a judgement or decision of the people’s court which has been enforced.

7. In the case of withdrawal of certificates as provided in clauses 1, 2, 3, 4 and 6 of this article but the
land user or owner of assets attached to land does not return the certificate, the land registration
office is responsible for reporting to the competent agency for issuance of certificates of land use
right, ownership of residential houses and assets attached to land in order to decide on cancellation
of the issued certificate; updating the cadastral file in accordance with regulations; and preparing a
list of cancelled certificates to send to the Department of Natural Resources and Environment and
the General Department of Land Administration for public notification on their websites.

8. The land registration office is responsible for submitting to the competent agency for re-issuance of
certificates to land users in strict accordance with law; and in the case a certificate was issued not in

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 accordance with law due to the fault of the land user or issued to the incorrect land user, guiding the
land user to carry out the procedures for re-issuance of the certificate in accordance with regulations.

Section 4

Order And Procedures For Mediation And Resolution Of Land Disputes

Article 88 Procedures for mediation of land disputes

1. Upon receipt of an application for resolution of a land dispute, the commune people’s committee is
responsible for carrying out the following tasks:

(a) Verifying and investigating the reason which gives rise to the dispute, collecting relevant
documents and materials provided by the parties on the source of the land, the history of land
use and current land use status;

(b) Establishing the council for land dispute mediation to carry out mediation. The membership of
the council comprises: Chairman or vice chairman of the people’s committee as the chairman
of the council; representative(s) of the Fatherland’s Front Committee of the commune, ward or
township; the head of the resident group in urban areas; the head of the hamlet in rural areas;
representatives of a number of households who have lived for a long time in the commune,
ward or township and know clearly the source and history of use of the parcel of land;
cadastral officials and judicial officials of the commune, ward or township. Representatives of
the Peasants’ Association, the Women’s Association, the Veterans' Association or the Ho Chi
Minh Communist Youth may be invited on a case by case basis;

(c) Organizing a mediation meeting with the participation of the parties to the dispute, members of
the council for land dispute mediation and people with relevant interests and obligations.

Mediation is only carried out where all the parties to the dispute are present. Where one of the
parties to the dispute is absent for the second time, the mediation is deemed unsuccessful.

2. The result of mediation of a land dispute must be made into minutes which contain the following
contents: The time and venue the mediation is carried out; participants to the mediation; summary of
the dispute clearly demonstrating the source and timing of use of the land in dispute, reasons giving
rise to the dispute (as the result of verification and inquiry); opinion of the council for land dispute
mediation; and the contents which have been agreed and not agreed by the parties to the dispute.

The mediation minutes must bear the signature of the chairman of the council, the parties to the
dispute present at the mediation and members who participated to the mediation, must bear the seal
of the commune people’s committee; and at the same time, must be promptly sent to the parties to
the dispute and archived at the commune people’s committee.

3. Where, after the time-limit of ten days from the date of the minutes of successful mediation, the
parties to the dispute have opinions in writing which are different in substance from the content
agreed in the minutes of successful mediation, the chairman of the commune people’s committee re-
organize a meeting of the council for mediation to consider and deal with the additional opinions, and
minutes of successful or unsuccessful mediation must be made.

4. In the case of a successful mediation but there is a change to the current status of the land use
boundary or the land user, the commune people’s committee sends the minutes of successful
mediation to the competent agency for resolution in accordance with article 202.5 of the Law on
Land.

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 In the case of unsuccessful mediation or after successful mediation, at least one of the parties
changes their opinion on the mediation results, the commune people’s committee makes minutes of
unsuccessful mediation and guides the parties to the dispute to send an application to the next
competent agency for dispute resolution.

Article 89 Procedures for resolution of land disputes under the authority of the chairman of a district or
provincial people’s committee

1. The person making an application to request resolution of a land dispute submits the application at
the competent people’s committee.

2. The chairman of the competent people’s committee assigns the responsibility of resolution to the
advising agency.

3. The advising agency is responsible for investigating, verifying the case, organizing the mediation
among the parties to the dispute, organizing a meeting with relevant departments and branches to
provide advice on resolution of the land dispute (if necessary) and completing the file to submit to the
chairman of the people’s committee at the same level for decision on resolution of the land dispute. A
file for resolution of land dispute comprises:

(a) Application to request resolution of the land dispute;

(b) Minutes of mediation at the commune people’s committee; minutes of working with the parties
to the dispute and people concerned; minutes of checking the current status of the land in
dispute; minutes of the meeting with relevant departments and branches to provide advice on
resolution of the land dispute in the case of unsuccessful mediation; minutes of mediation
during the process of dispute resolution;

(c) Extract of cadastral maps or cadastral file in various periods of time relating to the area of land
in dispute and documents as proof or evidence during the process of dispute resolution;

(d) Report on recommendations and draft decision on land dispute resolution or draft decision on
recognition of successful mediation.

4. The chairman of the competent people’s committee issues a decision on dispute resolution or
decision on recognition of successful mediation and sends same to the parties to the dispute and
organizations and individuals with related rights and obligations.

Article 90 Procedures for resolution of land disputes under the authority of the Minister of Natural
Resources and Environment

1. The person making an application to request resolution of a land dispute sends the application to the
Minister of Natural Resources and Environment.

2. Upon receipt of an application to request resolution of a land dispute, the Minister of Natural
Resources and Environment assigns the resolution to the unit with an advisory function. The unit
assigned with resolution collects and studies files; organizes mediation between the parties to the
dispute; in necessary cases, submits to the Minister of Natural Resources and Environment for
decision on establishment of a working team to carry out investigation and verification at the locality;
and completes the file to submit to the Minister of Natural Resources and Environment for issuance
of a decision on resolution of the land dispute.

3. A file for resolution of land dispute comprises:

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 (a) Application to request resolution of the land dispute;

(b) Minutes of working with the parties to the dispute and with organizations and individuals
concerned; minutes of checking the current status of the land in dispute; minutes of mediation
during the process of dispute resolution;

(c) Extract of cadastral maps or cadastral file in various periods of time relating to the area of land
in dispute, files and documents as proof or evidence during the process of dispute resolution in
the locality;

(d) Report on recommendations and draft decision on land dispute resolution or draft decision of
recognition of successful mediation.

4. The decision on land dispute resolution or decision on recognition of successful mediation is sent to
the parties to the dispute and organizations and individuals with related rights and obligations.

Article 91 Basis for resolution of land disputes in the case the parties to the dispute do not have
documents on land use right; enforcement of decisions on resolution of land disputes or
decisions on recognition of successful mediation

1. Resolution of land disputes in the case the parties to the dispute do not have a certificate or one of
the types of documents provided in article 100 of the Law on Land and article 18 of this Decree is
carried out based on the following grounds:

(a) Proof of the source and history of land use provided by the parties to the land dispute;

(b) The actual area of land currently used by the parties to the dispute in addition to the area of
land in dispute and the average area of land per person in the locality;

(c) The conformation of the current use status of the parcel of land in dispute with the land use
zoning or land use planning approved by the competent State agency;

(d) The State’s policies on preferential treatments applicable to people who have contributed to
the revolutionary cause;

(dd) Provisions of law on land allocation, land lease and recognition of land use right.

2. Based on regulations on enforcement of administrative decisions, the provincial people’s committee

makes detailed provisions for enforcement of decisions on resolution of land disputes or decisions on
recognition of successful mediation.

CHAPTER 8

Monitoring And Assessment Of Land Management And Use

Article 92 Functions of the monitoring and assessment system

1. Monitoring and compiling information on the implementation of the law on land; analysing and
assessing the effectiveness of land management and use and effects of the policies and laws on
land on the economy, society and environment.

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2. Receiving opinions of organizations and citizens on land management and use; forwarding such
opinions to competent agencies for resolution.

3. Publishing information collected from the process of land management and use, and results of the
resolution provided in clause 2 of this article on the website of the monitoring and assessment
system.

4. Proposing amendments of and supplements to the policies and laws on land; and measures to
organize implementation of the policies and laws on land.

Article 93 Principles of design and operation of the monitoring and assessment system

1. The monitoring and assessment system for land management and use is a component of the land
information system; is established consistently from the central to the local level and is published on
the national website in accordance with law.

2. The monitoring and assessment system for land management and use must reflect the scope, quality
and effectiveness of land management and use; effects of the policies and laws on land; the degree
of transparency and participation of the people in the process of land management and use through
quantitative and qualitative indicators.

Article 94 Provision and reflection of information on land management and use

Provision and reflection of information on land management and use are carried out as follows:

1. The natural resources and environment agency is responsible for reporting and providing on a full,
accurate, timely and objective basis information on land management and use; results of
implementation of projects and programs on land management to the people’s committee at the
same level and the natural resources and environment agency at the superior level to update the
monitoring and assessment system.

2. Other relevant ministries and branches and provincial people’s committees are responsible for
preparing reports and providing on a full, accurate, timely and objective basis relevant information on
land management and use within the scope of the management tasks of ministries, branches and
localities to the Ministry of Natural Resources and Environment.

3. Organizations and individuals reflect on a full, accurate, timely and objective basis information on
land management and use to the land administrative agency and people’s committees at all levels to
update the monitoring and assessment system.

Article 95 Responsibilities for establishment and operation of the monitoring and assessment system

1. The Ministry of Natural Resources and Environment is responsible for:

(a) Designing and establishing the monitoring and assessment system for land management and
use; managing and organizing the operation of the monitoring and assessment system for land
management and use at the central level; and guiding the management and operation of the
monitoring and assessment system for land management and use at local levels;

(b) Directing and guiding the organization of implementation of annual assessment of land
management and use, and effects of the policies and laws on land;

(c) Preparing periodical reports and reports on designated topics on land management and use,
and effects of the policies and laws on land;
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 (d) Issuing criteria and processes of assessment of land management and use, and effects of the
policies and laws on land; forms and samples of reports and reporting responsibilities of the
system of natural resources and environment agencies.

2. Provincial people’s committees are responsible for directing the establishment and operation of the
monitoring and assessment system for land management and use in their localities.

3. The local natural resources and environment agency is responsible for management and
organization of operation of the monitoring and assessment system for land management and use in
their locality; and reporting to the people’s committee at the same level and the natural resources
and environment agency at the superior level on land management and use, and effects of the
policies and laws on land as required.

CHAPTER 9

Dealing With Breaches Of The Law On Land By Persons Breaching

The Law On Land During Performance Of Public Duties In The Land Sector

Article 96 Persons dealt with for breaches

1. The head of an organization or head of an agency with the authority to make decisions on land
management who acts in breach of the law on land.

2. Officials and State employees belonging to land management agencies at all levels and cadastral
officials of communes, wards or townships who act in breach of the provisions on order and
administrative procedures in land management.

3. Head of organizations and officials, State employees, employees and staff of organizations allocated
with land by the State for management in the cases provided in article 8.1 of the Law on Land who
act in breach of the law on land in respect of the land allocated for management.

Article 97 Acts in breach of the law on land during performance of public duties in the land sector

1. Breaches of the provisions on administrative boundary markers and files comprise the following acts:

(a) Falsifying the location diagram, coordination table or minutes of hand-over of administrative
boundaries;

(b) Fastening markers of administrative boundaries on wrong positions on site.

2. Breaches of the provisions on land use zoning and land use planning comprise the following acts:

(a) Not organizing the preparation or amendment of land use zoning and land use planning on a
timely basis as provided;

(b) Not complying with the provisions on organization of collecting opinions from the people during
the preparation of land use zoning and land use planning;

(c) Not announcing land use zoning and land use planning; not announcing amendment or
cancellation of resumption or conversion of purposes for the area of land recorded in the land
use planning where there is no decision on land resumption or no permission for conversion of

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 land use right after three years; not reporting on the implementation of land use zoning and
land use planning.

3. Breaches of the provisions on land allocation, land lease and conversion of land use purpose
comprise the following acts:

(a) Allocation of land, sub-allocation of land or leasing land not in accordance with the actual
location and area of land on site;

(b) Allocation of land, sub-allocation of land, leasing land or permission for conversion of land use
purpose not in accordance with authority, to an ineligible entity, or not in accordance with the
district annual land use planning approved by a competent State agency;

(c) Sub-allocation of land or leasing land in a hi-tech zone, an economic zone, air terminal or civil
airport not in accordance with the construction zoning approved by a competent State agency.

4. Breaches of the provisions on land resumption, compensation, assistance and resettlement comprise
the following acts:

(a) Not giving notice in advance to the person whose land is resumed as provided in article 67 of
the Law on Land; not publishing plans for compensation, assistance and resettlement;

(b) Not implementing correctly the provisions on organization of collection of opinions on plans for
compensation, assistance and resettlement;

(c) Implementing compensation, assistance and resettlement to ineligible entities, not in

accordance with the area and correct amount of compensation, assistance and resettlement to
persons whose land is resumed; determining wrongly the actual location and area of land to be
resumed on site;

(d) Land resumption not in accordance with authority, to an ineligible entity, or not in accordance
with the land use zoning and land use planning approved by a competent State agency.

5. Breaches of the provisions on land acquisition comprise the following acts:

(a) Making compensation to an ineligible entity, or not for the correct area, amount or duration of
compensation to the person whose land is requisitioned;

(b) Requisitioning land not in accordance with the cases provided in article 72.1 of the Law on
Land.

6. Breaches of the provisions on management of land allocated by the State for management comprise
the following acts:

(a) Letting people permitted by law to use land temporarily use land for incorrect purposes;

(b) Using land for incorrect purposes;

(c) Letting land be encroached, occupied illegally, or lost.

7. Breaches of the provisions on implementation of order and administrative procedures in land

management and use comprise the following acts:

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 (a) Not receiving full and proper files, not providing specific guidelines upon receipt of a file,
causing inconvenience to applicants, and receiving files without recording in the monitoring
book;

(b) Setting at their own discretion administrative procedures not included in general provisions,
causing inconvenience to persons applying for performance of administrative procedures;

(c) Dealing with administrative procedures not in accordance with the stipulated order, delaying
delivery of documents already signed by competent agencies to persons applying for
performance of administrative procedures;

(d) Dealing with administrative procedures behind the stipulated schedule;

(dd) Refusing to perform or failing to perform administrative procedures where, according to the law
on land, all conditions have been satisfied for performance;

(e) Performing administrative procedures not in accordance with authority;

(g) Making a decision, recording an opinion or certifying on a file not in accordance with
regulations, causing damage or enabling the persons applying for performance of
administrative procedures to cause damage to the State, organizations and citizens;

(h) Losing, damaging or falsifying the content of files.

Article 98 Application of provisions of law on cadres, State officials and State employees to deal with
breaches of the law on land by persons acting in breach of the law on land during performance
of public duties in the land sector

The provisions on principles of disciplines, time limitations, time-limit for disciplines, application of forms of
disciplines, authority to discipline, order and procedures for consideration of discipline and other provisions
relating to discipline of cadres, State officials and State employees are implemented in accordance with the
law on cadres, State officials and State employees.

CHAPTER 10

Implementing Provisions

Article 99 Dealing with cases of current performance of land resumption procedures before 1 July 2014

The provincial people’s committee is responsible for reviewing the cases of current performance of land
resumption procedures before 1 July 2014 to deal with as follows:

1. Where there has been a written consent of the investment policy, introduction of the site or notice on
land resumption sent to each person whose land is resumed, or written permission for the investor to
reach an agreement with land users within a project from before 1 July 2014, but there has been no
decision on land resumption yet, it is dealt with as follows:

(a) The provincial people’s committee permits continued implementation of the project and applies
land resumption, or the investor receives the transfer of or leases the land use right, or
receives capital contribution by land use right in accordance with the Law on Land, if it
conforms with the district annual land use planning approved by a competent State agency;

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 (b) The provincial people’s committee issues written guidance for organizations and individuals
concerned to cease project implementation if it does not conform with the district annual land
use planning approved by a competent State agency;

(c) In the case of implementation of a production or business project in the category of land
resumption by the State, but the investor is permitted to reach an agreement with land users
within the scope of the project, and as of 1 July 2014 there is an area of land on which no
agreement has been reached, the provincial people’s committee decides to resume the area of
land on which the investor and land users cannot reach an agreement for implementation of
the investment project.

2. Where there has been a decision on enforcement of a decision on land resumption before 1 July
2014 but enforcement has not been organized, the enforcement for land resumption must be
implemented in accordance with the Law on Land.

Article 100 Dealing with cases of land allocated by or leased from the State before 1 July 2014 but the
land has not been used or used behind schedule

The provincial people’s committee is responsible for reviewing the cases where land was allocated by or
leased from the State for implementation of investment projects before 1 July 2014 but the land has not
been put into use or has been put into use behind schedule in accordance with article 64.1(i) of the Law on
Land and dealing with such cases as follows:

1. Where there has been a document from a competent agency on this act of breach before 1 July 2014
but there has not been a decision on land resumption, the competent people’s committee deals with
it in accordance with article 64.1(i) of the Law on Land; the extension is calculated from 1 July 2014.

2. Where there was a decision on land resumption before 1 July 2014, land resumption is carried out in
accordance with the issued decision on land resumption, and land use fees, land rent or assets
already invested on the resumed land are dealt with in accordance with the provisions of the 2003
Law on Land and its implementing guidelines.

Article 101 Authority to amend decisions on land allocation and land lease in respect of land allocated or
leased out before the effective date of the Law on Land

The competent State agency for land allocation and land lease provided in article 59 of the Law on Land is
the competent agency for decision on amendment where the land user had a decision on land allocation or
land lease before 1 July 2014.

Article 102 Effectiveness

1. This Decree takes effect from 1 July 2014.

2. This Decree replaces the following Decrees:

(a) Decree 181-2004-ND-CP dated 29 October 2004 of the Government on implementation of the
Law on Land;

(b) Decree 17-2006-ND-CP dated 27 January 2006 of the Government amending and
supplementing a number of article of Decrees providing guidelines for implementation of the
Law on Land and Decree 187-2004-ND-CP on conversion on State owned companies to
shareholding companies;

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 (c) Decree 84-2007-ND-CP dated 25 May 2007 of the Government making additional provisions
for issuance of certificates of land use right, land resumption, exercise of land use right, order
and procedures for compensation, assistance and resettlement upon land resumption by the
State and dealing with complaints on land;

(d) Decree 69-2009-ND-CP dated 13 August 2009 of the Government making additional
provisions for land use zoning, land prices, land resumption, compensation, assistance and
resettlement;

(dd) Decree 88-2009-ND-CP dated 19 October 2009 of the Government on certificates of land use
right, ownership of residential houses and assets attached to land.

3. Ministries, ministry equivalent bodies, agencies belonging to the Government, and provincial people’s
committees are responsible for reviewing the legal instruments issued by them which are
inconsistent with provisions of the Law on Land and of this Decree for amendment, supplement or
cancellation.

Article 103 Responsibilities of ministries, ministry equivalent bodies, agencies belonging to the
Government, people’s committees at all levels, and land users

1. The Ministry of Natural Resources and Environment, the Ministry of Justice, the Ministry of Finance,
the Ministry of Transport, the Ministry of Home Affairs, other ministries and branches, and provincial
people’s committees are responsible for providing guidelines for the implementation of the respective
articles and clauses assigned to them in this Decree.

2. Ministers, heads of ministry equivalent bodies, heads of agencies belonging to the Government,
chairmen of provincial people’s committees and other organizations and individuals concerned are
responsible for the implementation of this Decree.

On behalf of the Government

The Prime Minister
NGUYEN TAN DUNG

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