----------------------------------------------------------- Document source: [Version: 15 August 1997] http://coombs.anu.edu.au/~vern/luat/luat.html AVSL, PO Box 4013; Ainslie, ACT 2602 Australia and Coombs Computing Unit, Australian Nat. Univ. ------------------------------------------------------------ PROJECT UNDP-VIE/91/004 FEASIBILITY STUDY ON VIETNAM LAND MANAGEMENT SYSTEM LAND LAW OF VIETNAM 1993 oOo ACKNOWLEDGMENTS =============== This 'unofficial' English translation of the Vietnam Land Law 1993 is primarily for the purpose of assisting members of the UNDP Project VIE/91/004, 'Feasibility Study on Vietnam Land Management System', to understand various aspects of the Law. In case of any ambiguity arising from the translation, the Vietnamese text ("Lua^.t DDa^'t DDai", National Political Publisher, Hanoi, August 1993) should be consulted. Generous assistance and valuable comments from Messrs. Gary Bugden and Lesley Wilshusen are gratefully acknowledged. Tran Minh Ha General Department of Land Management, Hanoi, Vietnam. Van Thu La, and Binh Anson, Ph.D. Department of Land Administration, Perth, Western Australia. oOo CONTENTS ======== Preamble Chapter I : GENERAL PROVISIONS Chapter II : STATE ADMINISTRATION ON LAND Chapter III : RULES ON THE USE OF LAND OF DIFFERENT CATEGORIES Division 1 : AGRICULTURE LAND AND FORESTRY LAND Division 2 : RURAL RESIDENTIAL LAND Division 3 : URBAN LAND Division 4 : LAND FOR SPECIALISED USE Division 5 : UNUSED LAND Chapter IV : RIGHTS AND OBLIGATIONS OF LAND USER Chapter V : REGULATIONS ON FOREIGN ORGANISATIONS, FOREIGN INDIVIDUALS, AND INTERNATIONAL ORGANISATIONS LEASING LAND IN VIETNAM Chapter VI : SETTLEMENT OF VIOLATIONS Chapter VII : IMPLEMENTATION PROVISIONS Appendices: ADMINISTRATION STRUCTURE IN VIETNAM COMMON ENGLISH-VIETNAMESE TERMS IN LAND MANAGEMENT oOo (Note: Where appropriate, the Vietnamese diacritics used in the text follow the VIQR-VietNet convention) --------------------------------------------------------------------------- SOCIALIST REPUBLIC OF VIETNAM Independence - Freedom - Happiness NATIONAL ASSEMBLY THE SOCIALIST REPUBLIC OF VIETNAM Session 3, Legislature IX (June 16th - July 14th, 1993) LAND LAW 1993 ============= oOo PREAMBLE Land is an extremely valuable national resource, a special production material, the most important part of the environment, and the foundation on which residential areas are distributed, on which economic, cultural, social, security and national defence bases are constructed; Over many generations, our people have devoted an enormous effort, labour and sacrificed our lives to establish and protect the land as it now is; Pursuant to Articles 17, 18 and 84 of the Constitution of the Socialist Republic of Vietnam in 1992; This Law stipulates the land administration and land use system, the rights and obligations of the land users. oOo CHAPTER I GENERAL PROVISIONS Article 1 Land is the property of the entire people, uniformly managed by the State. The State shall allocate land to economic organisations, units of the people's armed forces, State institutions, political, social organisations (here-in-after collectively referred to as "organisations"), households and individuals for stable and long-term use. The State may also lease land to organisations, households and individuals. Organisations, households and individuals receiving land allocated or leased by the State are here-in-after collectively referred to as "land users" in this Law. The State shall lease land to foreign organisations and foreign individuals. Article 2 (1) Those who are using land on a stable basis which is certified by the People's Committee of rural and urban communes and commune towns shall be reviewed and granted certificates of land use right by authorised State bodies. (2) The State shall not acknowledge the reclamation of land previously allocated to other land users during the process of implementing land policies by the State of the People's Democratic Republic of Vietnam, the Provisional Revolutionary Government of the Republic of South Vietnam, and the State of the Socialist Republic of Vietnam. (3) The State shall issue policies ensuring land available for production to those who are engaged in agriculture, aquaculture and forestry. Article 3 (1) The State shall protect the legal rights and interest of the land users. (2) Household or individual receiving land allocated by the State shall be entitled to exchange, transfer, lease, inherit, mortgage the land use right. The above rights shall be implemented only during the term of land allocation and with correct purpose of the use of the land allocated, as stipulated in this Law and in other legislative regulations. (3) The rights and obligations of domestic organisations to which the land is allocated and leased by the State shall be submitted by the Government to the Standing Committee of the National Assembly for stipulation. Article 4 The land user shall be responsible for the protection, improvement, fertilisation, rational and effective use of land; for fulfilment of all cadastral procedures, payment of tax on transference of land use right and other payments in accordance with legislative regulations. Article 5 The State encourages land users to invest labour, material, capital and to apply scientific and technical achievements to the following work : * Increase the value of land use; * Intensive cultivation, multiplication of crops and increased efficiency of land use; * Reclamation of waste land, fallow land and coastal land, and greening of bare hills land and coastal sand dunes in order to expand areas of land for agriculture, forestry, aquaculture production and for salt production; * Land protection, improvement, and fertilisation; * Economical use of land. Article 6 It is prohibited to appropriate land, to transfer illegally the land use right, to use the land for purposes other than the purpose when allocated, or to cause damage to the land. Article 7 The National Assembly shall exercise the ultimate powers of decision and supervision on land management and land use for the whole country. The People's Councils at all levels shall exercise the powers of decision and supervision on land management and land use in their respective localities. Article 8 The Government shall uniformly exercise State administration on land for the whole country. The People's Committees at all levels shall exercise State administration on land within their respective localities according to the authority stipulated in this Law. The Head of the central land management office shall be responsible before the Government, the Head of the local land management office shall be responsible before the People's Committee at the same level in matters related to State administration on land. Article 9 The Ministers, Heads of offices at ministerial level, Heads of offices under the Government, within their authority and responsibility, shall be responsible for correct and effective utilisation of the land allocated by the State to organisations which belong directly to their ministries and branches. Article 10 The Vietnam Fatherland Front and its organisation members, other social organisations, economic organisations, people's armed forces units and all citizens shall support the State authorities in implementing measures to protect and use the land in a rational and economical way according to planning and legislative regulations. The State bodies within the scope of their responsibility and authority shall consider and decide on recommendations presented by other State bodies, economic organisations, social organisations, people's armed forces units and citizens in the implementation of measures to protect and use the land. Article 11 Based on the main purpose of utilisation, land is classified into the following categories: (1) Agricultural land; (2) Forestry land; (3) Rural residential land; (4) Urban land; (5) Land for specialised use; (6) Unused land. Article 12 The State shall value all types of land for calculation of tax on the transference of land use right, for collection of revenue when land is allocated or leased, for evaluation of the property when land is allocated, or for compensation on land when it is recovered. The Government shall determine the price list tariff of all types of land for each region and for each period of time. oOo CHAPTER II STATE ADMINISTRATION ON LAND Article 13 State administration on land shall include: (1) Investigation, survey, measurement, evaluation and classification of land, and cadastral mapping; (2) Land use planning and land use plans; (3) Issuance of legal documents related to the management and use of land, and organisation of implementation of those legal documents; (4) Allocation, lease and recovery of land; (5) Land registration, establishment and management of cadastral records, management of land use contracts, land statistics and inventory, and issuance of certificates of land use right; (6) Inspection on the implementation of rules and regulations on land use and land management; (7) Settlement of land disputes, appeals, and accusations of violations related to land management and land use. Article 14 (1) The Government shall direct the People's Committees of provinces and cities under central authority in the investigation, survey, measurement, evaluation and classification of land. (2) The People's Committee shall direct the land management office under its control and the People's Committees at lower levels to monitor changes in land area, land category, land user, and timely update land records to reflect the current land use situation in their respective localities. Article 15 (1) The Government shall direct and organise the production of cadastral maps uniformly for the whole country. The central land management office shall issue technical procedures and regulations for cadastral mapping. (2) The People's Committees of provinces and cities under central authority shall direct and organise cadastral mapping in their respective areas. (3) Cadastral maps shall be made in accordance with administration units of rural and urban commune and commune town. (4) Original cadastral maps shall be kept at the central land administration office. Their copies shall be kept at land management offices of provinces, cities under central authority, urban and rural districts, district towns, provincial cities, and at the offices of the People's Committees of urban and rural communes and commune towns; the copy shall be as valid as the original one. Article 16 (1) The Government shall produce land use planning and land use plans for the whole country. (2) The People's Committees at all levels shall produce land use planning and land use plans within their respective areas, and submit to the People's Council of the same level for approval before forwarding to the authorised State body for approval. (3) The ministries, offices at ministerial level, offices under the Government shall, based on their responsibility and authority, produce land use planning and land use plans related to their branches and fields, and submit to the Government for approval. (4) The central and local land management offices shall co-operate with other related offices to assist the Government and the People's Committees at all levels to produce land use planning and land use plans. Article 17 (1) The contents of land use planning shall include: (a) Zoning of agricultural land, forestry land, rural residential land, urban land, land for specialised use, and unused land at different localities and over the whole country; (b) Adjustment of the above zoning so that it is in accordance with each stage of socio-economic development of every locality and of the whole country. (2) The contents of land use plans shall include: (a) Zoning the use of each category of land in each planning period; (b) Adjustment of land use plans so that it is in accordance with the planning. Article 18 The authority to approve land use planning and land use plans shall be: (1) The National Assembly shall decide land use planning and land use plans for the whole country. (2) The Government shall examine and approve land use planning and land use plans by the ministries, offices at ministerial level, offices under the Government, or by People's Committees of the provinces and cities under central authority. (3) The People's Committee at a higher level shall examine and approve land use planning and land use plans of its People's Committees at lower level. (4) A State body which has the authority to examine and approve land use planning and land use plans shall have power to give permission for the addition or adjustment of those land use planning and land use plans. Article 19 Bases for decision on land allocation shall be: (1) Land use planning and land use plans approved by an authorised State body. (2) Land use requirements included in the technical and economic justification and in the design approved by an authorised State body, or included in the application for land allocation. Article 20 The State shall allocate land to organisations, households and individuals for stable and long term use. The period of land allocation for stable and long term use in planting annual crops and for aquaculture shall be twenty (20) years, and shall be fifty (50) years for perennial crops. When the term expires, if the land user has further requirement for continued use of the land and if during the process of using land, the user has complied with land legislative regulations, the State shall allocate land to that user for continued use. The State shall allocate land to households and individuals for long term use for the purpose of building residential houses, and shall recover the land only in cases stipulated in Article 26 and Article 27 of this Law. The period of land allocation for long term and stable use in other land categories shall be stipulated by the Government. Article 21 Any decision to re-allocate the land which is currently in use to another user shall be implemented only after having a decision to recover that land. Article 22 Organisations, households and individuals to whom land is allocated by the State for agriculture, forestry, aquaculture and salt production purposes shall not have to pay for land use. If the land is allocated by the State for other purposes, they shall have to pay for land use, except cases of exemption stipulated by the Government. Article 23 The authority in land allocation for purposes other than agricultural and forestry production shall be stipulated as follows: (1) The Standing Committee of the National Assembly shall approve annual plans submitted by the Government for the allocation of agricultural land and forestry land to be used for other purposes. (2) The Government shall review and approve annual plans submitted by the People's Committees of provinces and cities under central authority on the allocation of agricultural land and forestry land to be used for other purposes. Based on land use planning and land use plans approved by the National Assembly and annual plans approved by the Standing Committee of the National Assembly on the allocation of agricultural land and forestry land to be used for other purposes, the Government shall, in cases of necessity, decide the allocation of land to be used for all purposes. (3) The People's Committees of provinces and cities under central authority shall decide the allocation of land for use in purposes other than agricultural and forestry production in accordance with the following stipulation: (a) Up to one (1) hectare of agricultural land, forestry land and rural residential land and urban land, and up to two (2) hectares of waste land and bare hilly land for each project not belonging to cases stipulated in Clause (3)(b) of this Article. (b) Up to three (3) hectares of agricultural land, forestry land, rural residential land or urban land; up to five (5) hectares of waste land, and bare hilly land for each project dealing with the construction of roads, railways, water pipelines, gas and oil pipelines, power transmission lines, or dykes; and up to ten (10) hectares of waste land and bare hilly land for each project of constructing water reservoir. (c) Allocation of agricultural land and forestry land to households, and individuals for housing purpose; allocation of land for specialised use to other specialised uses or housing use; and allocation of urban land shall be within the limits stipulated by the Government; (d) Plans for allocation of rural residential land shall be implemented by the People's Committees of rural districts, district towns and provincial cities to allocate land to households and individuals for housing construction. Article 24 The authority in land allocation for agricultural and forestry purposes shall be stipulated as follows: (1) The People's Committees of provinces and cities under central authority shall allocate land to organisations; (2) The People's Committees of rural districts, district towns and provincial cities shall allocate land to households and individuals. Article 25 The State bodies which have the authority to allocate land as stipulated in Article 23 and Article 24 of this Law shall not delegate this power to their subordinate bodies. Article 26 The State shall recover entirely or partly the land allocated for use, in the following cases : (1) The organisation using the land is dissolved, bankrupt, moves to other location, or reduces its needs on land use but not within cases stipulated in Article 30 of this Law, or individual land user dies and having is no one to inherit the land use right; (2) The land user voluntarily returns the land allocated; (3) The land is left unused for twelve (12) consecutive months without permission from the State body having the authority of issuing the decision to allocate that land; (4) The land user intentionally does not fulfil the obligations to the State; (5) The land is not used for the purpose when allocated; (6) The land is not allocated by the right authority defined under Article 23 and Article 24 of this Law. Article 27 In case of utmost necessity, when the State recovers land being used by a land user, for national defence, security, national benefit, or public benefit purposes; the land user shall be given compensation for the damages. Article 28 The State body having authority to decide on the allocation of land shall have the authority to recover that land. The recovery of land for conversion to other purposes shall be in conformity with the plans and planning approved by the authorised State body. Before recovering the land, the current land user shall be notified of the reasons for which land is recovered, the time, the plan for moving and the solution for compensation. In case of urgent needs imposed by war, by natural calamities or in emergency situations, the requisition of land shall be decided by the People's Committees of urban and rural districts, district towns, provincial cities or higher levels. At the termination of the requisition, the land shall be returned to its former user who shall receive compensation for damages as the result of the requisition, as stipulated by legislative regulations. Article 29 The Government and People's Committee at all levels shall implement the lease of land to organisations, households and individuals for production and business, in accordance with the provisions stipulated by this Law and other legislative regulations. Article 30 The transfer of land use rights shall not be allowed in the following cases : (1) Land used without any legal documents; (2) Land allocated to organisations stipulated by law not having the right to transfer; (3) Land being under dispute. Article 31 (1) Procedures for exchange of the land use right in rural areas shall be implemented at the People's Committee of the commune; in urban areas, at the People's Committee of rural or urban district, district town, or provincial city. (2) Procedures for transfer of the land use right in rural areas shall be implemented at the People's Committee of the rural district; in urban areas, at the People's Committee of the province or city under central authority. Article 32 The central land management office, land management offices at provinces, cities under central authority, urban and rural districts, district towns, provincial cities and cadastral cadres at rural, urban communes and commune towns shall, based on the authority and responsibility stipulated by this Law, submit recommendations on land allocation, land lease, and land recovery to the Government, the People's Committees at the respective level for decision. Article 33 (1) When receiving permission to change the purpose of land use from the State body having the authority to allocate land, or where the land currently in use has not been registered, the land user must register with relevant State body stipulated in Clause 2 of this Article. The land user must register at the rural or urban commune, or commune town, where the land is located. (2) The People's Committees of urban and rural communes, and commune towns shall establish and manage cadastral books, and register in cadastral book all unused land and changes in land use. Article 34 The cadastral books shall be established in accordance with the standard form stipulated by the central land management office. The contents of the cadastral books shall be in conformity with cadastral maps and current status of land use. Article 35 Land statistics and inventory shall be implemented in accordance with the following stipulation: (1) The agency responsible for land statistics and inventory shall be the one that establishes the cadastral books as stipulated in Clause 2 of Article 33 of this Law; (2) Land statistics shall be carried out annually; (3) Land inventory shall be carried out every five years; (4) People's Committees at all levels shall be responsible to organise the preparation of land statistics and inventory in their respective localities; (5) Each land management office shall be responsible for reporting the results of land statistics and inventory to the immediately higher land management office. Article 36 Issuance of certificates of land use right shall be implemented in accordance with the following stipulation: (1) Certificates of land use right shall be distributed by the central land management office; (2) The State bodies authorised to allocate land shall issue certificates of land use right. In the case where the Government decides the allocation of land, People's Committees of the provinces, or cities under central authority shall issue certificates of land use right; (3) In the case where the land parcel is used by individuals who are not of the same household or organisation, certificates of land use right shall be issued to each organisation, household and individual. Article 37 (1) The Government shall organise the inspection of land for the whole country. The People's Committees at all levels shall organise the inspection on land within their respective localities. The central land management office shall assist the Government; and the local land management offices shall assist the People's Committees at the same level for the implementation of land inspection. (2) The contents of land inspection shall include: (a) Inspection on State administration on land performed by the People's Committees at all levels; (b) Inspection on the implementation of land legislative regulations by land users and other organisations and individuals; (c) Settlement of appeals, accusations of violations of land legislative regulations. (3) During the process of land inspection, the land inspection team and individual inspectors shall have the power: (a) To request the concerned organisations, households and individuals to provide documents necessary for inspection; (b) To temporarily suspend the unlawful use of the land and be responsible for that decision before law, and immediately report to the State body authorized for settlement; (c) To settle in accordance with their authorised power, or submit their recommendations to the State body authorized to settle violations of management and use of land. Article 38 (1) The State encourages the conciliation of land disputes among the people. The People's Committee of urban and rural commune, commune town shall be responsible, in cooperation with the Vietnam Fatherland Front, Farmer's associations, other organisation members of the Front, other social organisations, local economic organisations and citizens, for conciliation of land disputes. (2) All disputes on the land use right where the land user does not have certificate granted by the authorised State body shall be settled by the People's Committees in accordance with the following stipulation: (a) The People's Committees of rural and urban districts, district towns, provincial cities shall settle land disputes between individuals, between households, between individuals, households and organisations, or between organisations and organisations which are under their control; (b) The People's Committees of provinces and cities under central authority shall settle land disputes between organisations and organisation, or between organisations and households, individuals, if that organisation is under their control or under the control of central authority; (c) In case of disagreement with the decision made by the People's Committee to resolve the dispute, the parties concerned shall have the right to appeal to the State administrative office at higher level. The decision made by the immediately higher level State administrative office shall be valid for implementation. (3) All disputes on land use right where the land user has a certificate granted by the authorised State body, and disputes on property related to the use of that land shall be settled by the Court. Article 39 All disputes of land use rights involving the boundaries between administrative units shall be settled jointly by the People's Committees of these units. In cases where no unanimous agreement can be reached or the agreed solution results in the change of administrative boundaries, the authorisation for settlement shall be stipulated as follows: (1) If the land dispute is related to the boundary of administrative units lower than the provincial level, it shall be decided by the Government; (2) If the land dispute is related to the boundary of administrative units at the level of province or city under central authority, it shall be decided by the National Assembly. Article 40 The central land management office shall assist the Government, and local land management offices shall assist the People's Committees at respective level in settling land disputes. Article 41 Land management offices shall be established at the central level, at provinces and cities under central authority, at rural and urban districts, district towns, and provincial cities; there shall be cadastral cadres at rural and urban communes, and commune towns. Land management office shall be under the control of the State administrative body at that level; cadastral cadres of rural and urban communes, commune towns shall be under the control of respective People's Committee . oOo CHAPTER III RULES ON THE USE OF LAND OF DIFFERENT CATEGORIES Division 1 - AGRICULTURAL LAND AND FORESTRY LAND Article 42 Agricultural land is the land designated primarily for use in agricultural production such as cultivation, animal husbandry, aquaculture, or experimental research on agriculture. Article 43 Forestry land is the land designated primarily for use in silviculture production, including land with natural forest, land under afforestation, and land used for forestry purposes such as afforestation, forest nursery, protection for natural rehabilitation, forest enrichment and experimental research on silviculture. Article 44 The limit of agricultural land for annual crops for each household shall not exceed three (3) hectares, which shall be stipulated in detail by the Government for each locality. Rules on the management and use of land exceeding the above limit by householders shall be stipulated by the Government. The limit of agricultural land for perennial crops and the limit of the waste land, bare hills, reclaimed land, reclaimed coastal land used by each household for agriculture production, afforestation and aquaculture shall be stipulated by the Government. Article 45 Depending on availability of land, its characteristics and the requirement at each locality, the People's Council of the provinces, cities under central authority shall decide to allow each commune to reserve land not more than five (5) per cent of agricultural land for servicing local public needs. The Government shall stipulate in detail the use of this land. Article 46 The use of land for garden is stipulated as follows : (1) The State shall issue policies to encourage and protect the interests of organisations, households, and individuals who are involved in intensive farming, increase the yield of tree crops planted in gardens, utilise waste land and bare hills to establish gardens according to planning; (2) The establishment of garden on rice planting land must be in conformity with land use planning and must be permitted by the People's Committees of urban and rural district, district town and provincial city. Article 47 The use of coastal land with water surface for aquaculture and other purposes is stipulated as follows: (1) Ponds, lakes, and swamps which cannot be allocated totally to one household or one individual, shall be allocated to several households, individuals or economic organisation for use; (2) The use of lakes and swamps which are located in different communes shall be stipulated by the People's Committee of the district; if they are located in different districts, the use shall be stipulated by the People's Committee of the province. The use of water reservoirs located in different provinces for aquaculture, protection, and exploitation of water products shall be stipulated by the Government ; (3) The use of water surface of lakes, swamps, rivers and canals shall comply with the regulations concerning environmental protection and shall not cause hindrance to transportation; (4) The use of inland water surface as stipulated in this Article shall comply with technical regulations of related government branches. Article 48 The use of coastal land with water surface for agricultural production, aquaculture, forestry shall be in accordance with the following stipulation: (1) It shall be in conformity with the land use planning approved by authorised State body; (2) It shall protect the land and increase the accretion of coastal land; (3) It shall protect the ecosystem and the environment; (4) It shall not cause hindrance to national security protection and sea navigation. Article 49 Alluvial land along of the river located within the territory of a commune shall be managed by the People's Committee of that commune, and its land use plan shall be submitted to the People's Committee of the district for approval. In the case of dispute, it shall be submitted to the authorised State body stipulated in Article 38 and Article 39 of this Law for decision. Article 50 The management and use of new alluvial land along the coast shall be stipulated by the Government. Article 51 The People's Committees of the provinces and cities under central authority shall, based on the State policy on religion and on the local land reserve, determine the areas of land allocated to pagodas, churches and other religious temples which are using the land. Division 2 - RURAL RESIDENTIAL LAND Article 52 Rural residential land is the land designated primarily for housing construction and projects servicing rural activities. Residential land of each rural household includes land for housing construction and other works servicing the family life. Article 53 The use of rural residential land shall comply with planning schemes and be suitable for production, for daily life of the people and for social management. The State shall issue policies to create favourable conditions for those who live in the rural areas to have a residence on the basis of making full use of land in the available residential areas, and restricting the expansion of residential areas on agricultural land. Article 54 Based on the availability of land of the locality, the People's Committee of the provinces, and cities under central authority shall decide the limit of land given to each household in rural areas for use as residence, as stipulated by the Government for each region but not exceeding 400 m2. In areas where there exists a tradition for many generations to remain living under the same roof, or where there exist special natural conditions, the limit of residential land may be higher, but it shall not exceed twice (2) the limit stipulated for that region. Division 3 - URBAN LAND Article 55 Urban land is the land in inner cities, inner district and commune towns used for building houses and offices of government bodies and organisations, bases for production and business, and infrastructure bases servicing public interest, national defence, security and other purposes. Article 56 The infrastructure shall be constructed when urban land is used. The management and use of urban land shall be based on approved urban planning and land use plans, and on other legislative regulations. Pursuant to Articles 8, 23, 24 and 25 of this Law, the Government shall stipulate the allocation of urban land organisations, households and individuals for use. Article 57 The State shall issue land use planning for housing construction in urban areas, shall issue policies to create favourable conditions for those who live in urban areas to have residence. In areas where land allocation planning for housing construction is available, the People's Committee of the provinces, cities under central authority shall decide the land allocation according to stipulation by the Government. Article 58 Land used for public purposes is the land used for the construction of roads, bridges, sluices, pavements, water supply and drainage systems, rivers, lakes, dykes, dams, schools, hospitals, markets, parks, flower gardens, playgrounds for children, squares, stadiums, airports, harbours and others public utilities according to stipulation by the Government. The construction of the projects on land designated for public purposes must be in accordance with the purpose of the land use, and must be approved by the authorised State body. Article 59 Land allocated to organisations and individuals for construction of projects belonging to different branches and fields of economy, socio- culture, science, technology, foreign affairs, national defence and security; and for construction of offices of government bodies and organisations, must conform with urban planning approved by the authorised State body. Article 60 The use of urban land for the purpose of national defence and security shall be submitted by the Ministry of National Defence and Ministry of the Interior to the Government to decide. Article 61 (1) The use of urban land for agricultural and forestry purposes must conform with regulations on environmental protection, urban aesthetics and must be in accordance with urban planning. (2) Park land, land for natural conservation and picturesque landscapes, must be planned in accordance with requirements of urban development and managed as stipulated by the Government. (3) The use of land planned for urban development outside the inner parts of a city or town must comply with its land use planning and plans. Division 4 - LAND FOR SPECIALISED USE Article 62 Land for specialised use is land designated for purposes other than agriculture, forestry and residential purposes. It includes land used for the construction of projects in the fields of industry, science and technology, transports, irrigation system, dykes, socio-culture, education, health, sports, public services; land for national defence and security; land for exploration and exploitation of mineral resources, rock, sand; land for salt production, land for the production of porcelain, bricks, tiles and other building materials; land of historical heritage, cultural relics and picturesque landscapes; land for cemeteries, and land with water surface used for purposes other than agriculture. Article 63 The use of land for the construction of projects in the fields of industry, science, technology, socio-culture, education, health, sports, and services shall comply with land use requirements specified in the economic, technical justification and design of each project and shall be in accordance with other legislative regulations. Article 64 The use of land for the construction of transport systems, irrigation systems, dykes, hydroelectric stations, waterworks, powerlines, oil and gas pipelines, shall be in accordance with the following regulations: (1) It shall be strictly implemented in accordance with design implementation and land economisation, and shall not cause damage to the use of adjacent land; (2) It shall be strictly implemented in accordance with the regulations of land use within the safety corridor of the project; (3) It may be used jointly for aquaculture or for other purposes but it shall not cause any hindrance to the implementation of the main purpose of the land of specialised use; (4) The People's Committee of the concerned local rural, urban commune, or commune town shall be responsible together with the office in charge of the project for protecting land in the safety corridor, according to technical requirements of the project stipulated in this Article. Article 65 (1) Land used for national defence and security shall include: (a) Land used to station armed forces units; (b) Land used for the construction of air force bases, naval bases and other military bases; (c) Land used for the construction of national defence projects, battle fields and special projects; (d) Land used for the construction of military railways stations and ports; (e) Land used for the construction of industrial, scientific and technological projects serving national defence purpose, or combined national defence and economic purposes; (f) Land used for the construction of stores for the armed forces; (g) Land used for the construction of military shooting, training, and weapon testing grounds; (h) Land used for the construction of schools, hospitals, convalescent houses for the armed forces; (i) Land used for the construction of other national defence and security projects stipulated by the Government. (2) The rules of administration and use of land for national defence and security purposes shall be stipulated by the Government. The People's Committees of provinces and cities under central authority shall implement the State management on land used for national defence and security within their respective local boundaries. (3) The State shall issue policies which ensure the availability of residential land for professional military officers, soldiers, and national defence staff as stipulated in Article 54 and Article 57 of this Law. (4) The transfer of land used for national defence and security to other purposes shall be decided by the Government. Article 66 The use of land for the purposes of exploration, exploitation of minerals, rock and sand shall be in accordance with the following regulations: (1) The land user must obtain a permit issued by an authorised State body; (2) Environmental protection, waste treatment and other measures must be implemented to avoid causing damage to land users within the respective and adjacent areas; (3) At the termination of its use, the land shall be returned in the condition as stipulated in the decision when the land was first allocated. Article 67 The use of land for the production of porcelain, bricks and tiles, exploitation and production of other building materials shall be in accordance with the following regulations: (1) The land user must obtain a permit issued by an authorised State body; (2) Necessary measures must be implemented to avoid causing damage to production and life, and creating negative impact to the environment; (3) At the termination of its use, the land must be rehabilitated so that it may be used for other appropriate purposes. Article 68 Any land used to produce salt with high yield and high quality shall be protected and given high priority to salt production. The State encourages the use of lands with potential for salt production servicing the needs of the society. Article 69 Land having historical or cultural heritage or picturesque landscapes which are classified shall be strictly protected in accordance with the regulations of the Law. In special case where land having historical or cultural heritage or picturesque landscapes is required for other purposes, permission must be obtained from an authorised State body. Article 70 Land used for cemeteries and monuments must be planned in one common area located away from residential areas, but convenient for burial services, visit, and must conform with sanitary requirements and the requirements of land economisation. Article 71 Based on the primary purposes determined for each land region having water surface, the State shall allocate this land to appropriate organisations, households and individuals for use. Rules for the administration and use of land with water surface shall be stipulated by the Government. Division 5 - UNUSED LAND Article 72 Unused land is land lacking sufficient conditions or not yet designated for the purpose of agriculture, aquaculture and forestry production, not yet designated as land for rural residential, urban, or other specialised purposes, or not yet allocated by the State to any organisation, household or individual for stable and long term use. The Government shall make general and detailed plans, and provide policies to encourage and create favourable conditions for organisations, households and individuals to improve the land for use in agriculture, forestry production, and other appropriate purposes. oOo CHAPTER IV RIGHTS AND OBLIGATIONS OF LAND USER Article 73 The land user has the following rights : (1) To be granted a certificate of land use right; (2) To benefit from the results of the labour and investment on the land allocated; (3) To transfer the land use in accordance with legislative regulations; (4) To receive benefits from public projects of land protection and improvement. (5) To receive guidance and assistance from the State in the improvement and fertilisation of the land; (6) To receive protection from the State when the legal land use right is violated by another person; to receive compensation when the land is resumed. (7) To contribute the land for co-operation in production and business, in accordance with legislative regulations and with the purpose when the land was first allocated; (8) To appeal or to report on any violation or actions against the legal right to use land and other breaches of the Land Law. Article 74 Household or individual using agricultural land, forestry land for afforestation, residential land, due to requirements of living and production, shall be entitled to exchange the land use right, and must use the land in accordance with the purpose and term when it was first allocated. Article 75 (1) Household or individual using agricultural land or forestry land for afforestation shall be entitled to transfer the land use right in the following cases: (a) Moving to other place; (b) Changing to other profession; (c) Incapable to work directly on the land. (2) Household or individual using residential land shall be entitled to transfer the land use right when moving to other place or no longer in need of the land. The transfer must be approved by the authorised State body. The transferee must use the land for the right purpose. Article 76 (1) Individual receiving agricultural land allocated by the State for planting annual crops or for aquaculture, shall leave that land use right, after death, to the inheritors in accordance with the regulations stipulated by legislation on inheritance; (2) For a household receiving agricultural land allocated by the State for planting annual crops or for aquaculture, if one of the household members dies, the other members of that household shall be entitled to continue using the area of land allocated by the State. In the case where there is no surviving member, the State shall recover the land. (3) Individual or member of a household receiving agricultural land for planting perennial crops, or forestry land for afforestation, or residential land, shall leave that land use right, after death, to the inheritors in accordance with the regulations stipulated by legislation on inheritance. Article 77 (1) Household or individual using agricultural land or forestry land for afforestation shall be entitled to mortgage the land use right with the State banks or Vietnamese credit organisations of which establishment is permitted by the State, to raise capital for production. (2) Household or individual using residential land, due to the requirements of production and life, shall be entitled to mortgage the land use right with Vietnamese economic organisations or individuals residing within the country. Article 78 Household or individual using agricultural land for annual crop or aquaculture, due to shorthanded or difficult conditions, or unstable conditions from a change of profession, or lack of the capacity to work, shall be entitled to lease the land to other persons within a period not exceeding three (3) years. In special cases, the lease period may be longer as stipulated by the Government. The land lessee must use the land for its stipulated purpose. Article 79 The land user has the following obligations : (1) To use the land in accordance with its intended purpose, within its boundaries, and with other conditions stipulated when land is allocated; (2) To take necessary measures to protect the land and increase its productivity; (3) To comply with regulations on environmental protection, not causing damage to the legal interests of adjacent land users; (4) To pay land use tax, tax on the transference of land use right; and cadastral fees in accordance with legislative regulations; (5) To pay for land use when land is allocated in accordance with legislative regulations; (6) To pay compensation to the previous land user whose land is recovered for re-allocation; (7) To return the land when the State decides to recover it. oOo CHAPTER V REGULATIONS ON FOREIGN ORGANISATIONS, FOREIGN INDIVIDUALS, AND INTERNATIONAL ORGANISATIONS LEASING LAND IN VIETNAM Article 80 The Government shall decide the lease of land to foreign organisations, foreign individuals, or international organisations (here-in-after collectively referred to as "foreigner"), or Vietnamese residing abroad. The rights and obligations of the land lessee shall be submitted by the Government to the Standing Committee of the National Assembly for decision. Article 81 (1) The land lessee must prepare and submit application in accordance with Vietnamese legislative regulations. (2) The lease of land must be based on the economic-technical justification approved by the authorised State body according to the Law on Foreign Investment in Vietnam. Article 82 Foreign organisations, foreign individuals, international organisations or Vietnamese residing abroad, having investment which requires the use of land in Vietnam shall comply in accordance with the regulations of this Law and other Vietnamese legislative regulations, except the cases where there are different regulations stipulated by international treaties which the Socialist Republic of Vietnam signed or participated in. Article 83 The period of land lease to foreign organisations, foreign individuals or Vietnamese residing abroad, with investment in Vietnam shall be in accordance with the period of investment stipulated in the Law on Foreign Investment in Vietnam. The period of land lease for the construction of offices of diplomatic representatives or foreign consulates in Vietnam shall not exceed ninety nine (99) years. Article 84 Foreigner who violates the Land Law of Vietnam shall be treated in accordance with Vietnamese law, except the cases where there are different regulations stipulated by international treaties which the Socialist Republic of Vietnam signed or participated in. oOo CHAPTER VI SETTLEMENT OF VIOLATIONS Article 85 Any person who occupies or encroaches, destroys land or illegally transfers the land use right, or commits other actions which violate the land legislative regulations shall be subject to administrative punishment measures or prosecuted under the Criminal Code, depending on the degree of violation. Article 86 Any person who abuses his position or authority, or exceeds his authority to allocate and recover land, to allow for the transference of land use rights and change in the purpose of land use against legislative regulations, covers up activities of violator of the land legislative regulations, decides the settlement against legislative regulations, or commits actions detrimental to land resources, to legal rights and interests of the land users, shall be disciplined or punished by the Criminal Code, depending on the degree of violation. Article 87 Any person who commits actions which violate the land legislative regulations, causing damage to others, shall be punished according to regulations stipulated in Article 86 and Article 87 of this Law, and must also pay compensation to those who suffer from the damage. oOo CHAPTER VII IMPLEMENTATION PROVISIONS Article 88 This Law shall replace the Land Law approved by the National Assembly, Legislature VIII, of the Socialist Republic of Vietnam on December 29th, 1987. All previous regulations contrary to this Law shall hereby be repealed. This Law shall come into operation from October 14th, 1993. Article 89 The Government shall stipulate the detailed regulations for the implementation of this Law. oOo This Law is approved by the Session 3 of the National Assembly, Legislature IX, of the Socialist Republic of Vietnam on July 14th, 1993. Nong Duc Manh CHAIRMAN, THE NATIONAL ASSEMBLY. ----- (end of the main text of Land Law 1993) ----- APPENDICES ========== oOo APPENDIX 1 ========== ADMINISTRATIVE STRUCTURE IN VIETNAM There are four levels of administration in Vietnam. The highest level is called the central level (ca^'p trung u+o+ng) of national administration. Central (Trung u+o+ng) is a collective term which denotes the National Assembly (Quo^'c ho^.i) and the Government (Chi'nh phu?). The Government, with capital "G", consists of the Prime Minister, his Deputies, Ministries (Bo^.), Offices at ministerial level (Co+ quan ngang Bo^.), and Offices under the Government (Co+ quan tru+.c thuo^.c Chi'nh phu?). The term State (Nha` nu+o+'c) in the Law denotes a whole administrative system of the country, from the national level to the commune level. The next level of administration is the provincial level (ca^'p ti?nh) consisting 50 provinces (ti?nh) and 3 largest cities under central authorities (tha`nh pho^' tru+.c thuo^.c trung u+o+ng) : Hanoi, Ho Chi Minh, and Hai phong cities. Each province or city is managed by a People's Committee (Uy? ban Nha^n da^n) appointed by the People's Council (Ho^.i ddo^`ng Nha^n da^n) whose members are elected by the people of the province\. The People's Committee controls a number of provincial departments (ban, so+?) corresponding to the central ministries (or office at ministerial level, offices under the Government) of the same specialised fields. Each province or city under central authority consists of a number of urban districts (qua^.n), rural districts (huye^.n), provincial cities (tha`nh pho^' thuo^.c ti?nh), and district towns (thi. xa~). This is the third level of administration. The provincial city is larger than the district town, but both are essentially districts with significant importance in terms of socio-political, administrative, and commercial activities in the province\. Usually they are either the capital of the province or former capital of old provinces which were almagamated to form larger province\. Each district has its own People's Committee and Council, and a number of specialised sections (pho`ng). The lowest level of administration is rural commune (xa~), urban commune (phu+o+`ng), and commune town (thi. tra^'n). Commune town is a commune serving as a hub of major socio-political, administrative, commercial activities for adjacent communes. It is usually the capital of the district. The commune is managed by its own People's Committee and Council, and a number of commune cadres (ca'n bo^. xa~). It may be further divided into a number of hamlets (tho^n), villages (la`ng), groups (kho'm, to^?) but these sub-units do not have a legal administrative status. The Land Law stipulates the line of reporting and responsibility of staff and offices in land management. Two organisational structures are stipulated: horizontal structure and vertical structure\. The horizontal structure (to^? chu+'c ha`ng ngang) requires the cadastral cadres to report to the commune People's Committee, district sections to the district People's Committee, provincial departments to the provincial People's Committee, and central office to the Government. This is called reporting to the authority at the same level. The vertical structure (to^? chu+'c ha`ng do.c) requires a land management office to report to the office at higher level in the same specialised field. This is sometimes referred to as the branch organisation (to^? chu+'c theo nga`nh). The Law stipulates land use planning (quy hoa.ch su+? du.ng dda^'t) and preparationof land use plans (ke^' hoa.ch hoa' vie^.c su+? du.ng dda^'t) as one of seven functions of State administration on land (Qua?n ly' Nha` nu+o+'c ve^` dda^'t), as listed in Article 13. Land use planning as defined in Clause 17(1) can be seen as land zoning according to the six types of land use (Article 11) over a large region or the whole nation. Land use plans, defined in Clause 17(2), are related to detailed plans within an administrative unit (province, district, or commune) to be implemented over a specified period of time\. Another term used in the Law for land within an administrative boundary is territory (la~nh tho^?). A term often used in the Law is organisation (to^? chu+'c), as opposed to household (ho^. gia ddi`nh) and individual (ca' nha^n). This is defined in Article 1, which is a collective term for groups of people with recognised legal status (farming cooperatives, associations, companies, etc...), government bodies, armed forces units, State and private enterprises, etc... Finally, although the term Land Tenure Certificate (LTC) has been commonly used by members of the project, it is more appropriate to use the term Certificate of Land Use Right (gia^'y chu+'ng nha^.n quye^`n su+? du.ng dda^'t) in the translation of the Land Law. The following Appendix 2 is a list of English-Vietnamese terms used in the translation. As the list is not comprehensive and some terms may not be universally accepted, I would be grateful to receive further advice and comments for future revision of the translation. Binh Anson, Ph.D. Perth, Western Australia. October 1993 ========================= oOo APPENDIX 2 ========== COMMON TERMS USED IN LAND MANAGEMENT (October 1993) ENGLISH = VIETNAMESE Administration Unit = DDo+n vi. qua?n ly' (ha`nh chi'nh) Agricultural Land = DDa^'t no^ng nghie^.p Alluvial Land = DDa^'t ba~i bo^`i Alluvium = Phu` sa Annual Crop = Ca^y ha(`ng na(m Appeal = Khie^'u na.i, kha'ng ca'o Aquaculture = Nuo^i tro^`ng thuy? sa?n Article (Law) = DDie^`u (Lua^.t) Bare Hills = DDo^`i nu'i tro.c Bridges and Sluices = Ca^`u co^'ng Cadastral Cadre = Ca'n bo^. ddi.a chi'nh Central = Trung u+o+ng Certificate of Land Use Right = Gia^'y Chu+'ng nha^.n Quye^`n Su+? du.ng DDa^'t Chapter (Law) = Chu+o+ng (Lua^.t) City under Central Authority = Tha`nh pho^' tru+.c thuo^.c trung u+o+ng Clause (Law) = Khoa?n (Lua^.t) Cleared Land = DDa^'t tro^'ng Commune Town = Thi. tra^'n Compensation = Bo^`i thu+o+`ng Contents = No^.i dung Dispute = Tranh cha^'p District Town = Thi. xa~ Division (Law) = Mu.c (Lua^.t) Exchange = Chuye^?n ddo^?i Fallow Land = DDa^'t hoa' Forestry Land = DDa^'t la^m nghie^.p Garden Land = DDa^'t vu+o+`n Government = Chi'nh phu? Head (office) = Thu? tru+o+?ng (co+ quan) Household = Ho^. gia ddi`nh Individual = Ca' nha^n Inheritance = Thu+`a ke^' Issue (cetificate) = Ca^'p (gia^'y chu+'ng nha^.n) Land Allocation = Giao ca^'p dda^'t Land Encroachment = La^'n dda^'t Land for Specialised Use = DDa^'t chuye^n du`ng Land Inventory = Kie^?m ke^ dda^'t Land Management = Qua?n ly' dda^'t ddai Land Reclamation from the Sea = La^'n bie^?n Land Recovery = Thu ho^`i dda^'t Land Requisition = Tru+ng du.ng dda^'t Land Statistics = Tho^'ng ke^ dda^'t Land Use Planning = Quy hoa.ch su+? du.ng dda^'t Land Use Plans = Ke^' hoa.ch su+? du.ng dda^'t Land Use Right = Quye^`n su+? du.ng dda^'t Land User = Ngu+o+`i su+? du.ng dda^'t Land Valuation = DDi.nh gia' dda^'t Land with Water Surface = DDa^'t co' ma(.t nu+o+'c Law, Act = DDa.o lua^.t, Lua^.t Lease = Cho thue^ Legislative Regulations = Pha'p lua^.t (quy ddi.nh) Legislature (Nat. Assembly) = Khoa' (Quo^'c ho^.i) Mortgage = The^' cha^'p National Assembly = Quo^'c ho^.i Organisation = To^? chu+'c People's Committee = Uy? ban Nha^n da^n People's Council = Ho^.i ddo^`ng Nha^n da^n Perennial Crop = Ca^y la^u na(m Picturesque Landscape = Danh lam tha('ng ca?nh Province = Ti?nh Provincial City = Tha`nh pho^' thuo^.c ti?nh Provision (Law) = DDie^`u khoa?n (Lua^.t) Reclaimed Coastal Land = DDa^'t la^'n bie^?n Register = DDa(ng ky' Residential Land = DDa^'t o+? Review and Approve = Xe't duye^.t Rules = Che^' ddo^. Rural Commune = Xa~ Rural District = Huye^.n Rural Residential Land = DDa^'t da^n cu+ no^ng tho^n Session (Nat. Assembly) = Ky` ho.p (Quo^'c ho^.i) Stable and Long Term Use = Su+? du.ng o^?n ddi.nh va` la^u da`i State = Nha` nu+o+'c State Administration = Qua?n ly' Nha` nu+o+'c Stipulate = Quy ddi.nh Subsidiary Legislation = Va(n ba?n du+o+'i lua^.t Transfer = Chuye^?n nhu+o+.ng Unused Land = DDa^'t chu+a du`ng Urban Commune = Phu+o+`ng Urban District = Qua^.n Urban Land = DDa^'t ddo^ thi. Violation = Vi pha.m Waste Land = DDa^'t hoang oOo VIETNAMESE = ENGLISH Bo^`i thu+o+`ng = Compensation Ca^'p (gia^'y chu+'ng nha^.n) = Issue (cetificate) Ca^`u co^'ng = Bridges and Sluices Ca^y ha(`ng na(m = Annual Crop Ca^y la^u na(m = Perennial Crop Ca' nha^n = Individual Ca'n bo^. ddi.a chi'nh = Cadastral Cadre Che^' ddo^. = Rules Chi'nh phu? = Government Cho thue^ = Lease Chu+o+ng (Lua^.t) = Chapter (Law) Chuye^?n nhu+o+.ng = Transfer Chuye^?n ddo^?i = Exchange Danh lam tha('ng ca?nh = Picturesque Landscape DDa^'t ba~i bo^`i = Alluvial Land DDa^'t chu+a du`ng = Unused Land DDa^'t chuye^n du`ng = Land for Specialised Use DDa^'t co' ma(.t nu+o+'c = Land with Water Surface DDa^'t da^n cu+ no^ng tho^n = Rural Residential Land DDa^'t hoang = Waste Land DDa^'t hoa' = Fallow Land DDa^'t la^m nghie^.p = Forestry Land DDa^'t la^'n bie^?n = Reclaimed Coastal Land DDa^'t no^ng nghie^.p = Agricultural Land DDa^'t ddo^ thi. = Urban Land DDa^'t o+? = Residential Land DDa^'t tro^'ng = Cleared Land DDa^'t vu+o+`n = Garden Land DDa(ng ky' = Register DDa.o lua^.t, Lua^.t = Law, Act DDie^`u (Lua^.t) = Article (Law) DDie^`u khoa?n (Lua^.t) = Provision (Law) DDo^`i nu'i tro.c = Bare Hills DDo+n vi. qua?n ly' (ha`nh chi'nh) = Administration Unit DDi.nh gia' dda^'t = Land Valuation Gia^'y Chu+'ng nha^.n Quye^`n Su+? du.ng DDa^'t = Certificate of Land Use Right Giao ca^'p dda^'t = Land Allocation Ho^. gia ddi`nh = Household Ho^.i ddo^`ng Nha^n da^n = People's Council Huye^.n = Rural District Ke^' hoa.ch su+? du.ng dda^'t = Land Use Plans Khie^'u na.i, kha'ng ca'o = Appeal Khoa' (Quo^'c ho^.i) = Legislature (Nat. Assembly) Khoa?n (Lua^.t) = Clause (Law) Kie^?m ke^ dda^'t = Land Inventory Ky` ho.p (Quo^'c ho^.i) = Session (Nat. Assembly) La^'n bie^?n = Land Reclamation from the Sea La^'n dda^'t = Land Encroachment Mu.c (Lua^.t) = Division (Law) Ngu+o+`i su+? du.ng dda^'t = Land User Nha` nu+o+'c = State No^.i dung = Contents Nuo^i tro^`ng thuy? sa?n = Aquaculture Pha'p lua^.t (quy ddi.nh) = Legislative Regulations Phu+o+`ng = Urban Commune Phu` sa = Alluvium Qua^.n = Urban District Qua?n ly' Nha` nu+o+'c = State Administration Qua?n ly' dda^'t ddai = Land Management Quo^'c ho^.i = National Assembly Quy hoa.ch su+? du.ng dda^'t = Land Use Planning Quy ddi.nh = Stipulate Quye^`n su+? du.ng dda^'t = Land Use Right Su+? du.ng o^?n ddi.nh va` la^u da`i = Stable and Long Term Use Ti?nh = Province Tha`nh pho^' tru+.c thuo^.c trung u+o+ng = City under Central Authority Tha`nh pho^' thuo^.c ti?nh = Provincial City The^' cha^'p = Mortgage Thi. tra^'n = Commune Town Thi. xa~ = District Town Tho^'ng ke^ dda^'t = Land Statistics Thu+`a ke^' = Inheritance Thu ho^`i dda^'t = Land Recovery Thu? tru+o+?ng (co+ quan) = Head (office) To^? chu+'c = Organisation Tranh cha^'p = Dispute Tru+ng du.ng dda^'t = Land Requisition Trung u+o+ng = Central Uy? ban Nha^n da^n = People's Committee Va(n ba?n du+o+'i lua^.t = Subsidiary Legislation Vi pha.m = Violation Xa~ = Rural Commune Xe't duye^.t = Review and Approve oOo Binh Anson, Ph.D Perth, Western Australia October 1993. ==================================================================== ----------------------------------------------------------------------- End of File