Land Law 2013

LAND LAW

Pursuant to the Constitution of the Socialist Republic of Vietnam;

The National Assembly promulgates the Land Law.

Chapter I

GENERAL PROVISIONS

Article 1. Scope of regulation

This Law prescribes the land ownership, powers and responsibilities of the State in representing the entire-people ownership of land and uniformly managing land, the land management and use regimes, and the rights and obligations of land users over the land in the territory of the Socialist Republic of Vietnam.

Article 2. Subjects of application

1. State agencies that exercise the powers and perform the responsibilities of the representative of the entire-people ownership of land, and perform the tasks of uniform state management of land.

2. Land users.

3. Other subjects involved in land management and use.

Article 3. Interpretation of terms

In this Law, the terms below are construed as follows:

1. Land parcel means a land area delimited by boundaries determined in the field or described in records.

2. Land use master plan means the distribution and zoning of land by use space to serve the objectives of socio-economic development, national defense, security, environmental protection and climate change adaptation based on the land potential and land use demands of all sectors and fields, for each socio-economic region or administrative unit in a given period of time.

3. Land use plan means the division of a land use master plan according to periods of time for implementation during the period of the land use master plan.

4. Cadastral map is a map that shows the land parcels and related geographic elements, and is made according to administrative units of communes, wards or townships, and certified by a competent state agency.

5. Current land use map is a map that demonstrates the distribution of various types of land at a specified time, and is made for every administrative unit.

6. Land use master plan map is a map made at the beginning of a planning period, which demonstrates the distribution of various types of land at the end of that planning period.

7. The State allocates land use rights (below referred to as the State allocates land) means that the State issues decisions on land allocation to grant land use rights to subjects having land use demand.

8. The State leases land use rights (below referred to as the State leases land) means that the State decides to grant land use rights to subjects having land use demand under contracts on land use rights lease.

9. The State recognizes land use rights means that the State grants land use rights to a person that is using stably the land not allocated or leased by the State, through the grant of a certificate of land use rights and ownership of houses and other land-attached assets for the first time, for a certain land parcel.

10. Transfer of land use rights means the transfer of land use rights from one person to another by ways of exchange, transfer, inheritance or donation of land use rights, or contribution of land use rights as capital.

11. The State recovers land means the State decides to recover land use rights from a person that is granted land use rights by the State, or from a land user that violates the land law.

12. Land compensation means the State returns the value of land use rights for the recovered land area to land users.

13. Remaining land investment costs include costs for ground fill-up and leveling and other directly related costs that can be proved to have been invested in the land and have not been retrieved by the time the State recovers the land.

14. Support upon land recovery by the State means the State provides assistance to those whose land is recovered, in order to stabilize their livelihood, production and development.

15. Registration of land, houses and other land-attached assets means the declaration and acknowledgement of the legal status of land use rights, ownership of houses and land-attached assets, and the right to manage a certain land parcel, in the cadastral records.

16. Certificate of land use rights and ownership of houses and other land-attached assets is a legal certificate in which the State certifies the lawful land use rights and ownership of houses and land-attached assets of the person who has land use rights and ownership of houses and land-attached assets.

17. Land statistics means that the State, based on the cadastral records, summarizes and reviews the land use status at the time of making statistics, and the land-related changes between two points of time of making statistics.

18. Land inventory means that the State, based on the cadastral records and field findings, investigates, summarizes and reviews the land use status at the time of conducting inventory, and the land-related changes between the two points of time of conducting inventory.

19. Land price means the value of land use rights calculated per unit of land area.

20. Value of land use rights means the monetary value of land use rights over a specified land area during a specified land use term.

21. Land use levy means an amount of money that a land user shall pay to the State when being allocated land with land use levy by the State, permitted to change the land use purpose, or having land use rights recognized by the State.

22. Land information system means the system consisting of information technology technical infrastructure, software, data and processes and procedures which are developed to collect, store, update, process, analyze, synthesize and track land information.

23. Land database means a collection of land data that are arranged and organized to serve the access to, use, management and update of, information by electronic devices.

24. Land dispute means a dispute over the rights and obligations of land users among two or more parties in a land relationship.

25. Land destruction means acts that deform the land, reduce land quality, pollute the land, negate or reduce the usability of the land according to a determined purpose.

26. Public non-business unit means an organization established by a competent state agency or by a political organization or a socio-political organization, to provide public services in accordance with law.

27. Economic organization means an enterprise, a cooperative or another economic organization as prescribed by the civil law, excluding foreign-invested enterprises.

28. Land for construction of underground facilities means a land area used for construction of underground facilities that are not parts of works constructed on the ground.

29. Land-using household means those who share a marital, family or foster relationship as prescribed by the marriage and family law, are living together and have joint land use rights at the time of being allocated land or leased land, or having land use rights recognized by the State; or acquiring land use rights.

30. Household or individual directly engaged in agricultural production means a household or an individual that has been allocated agricultural land, leased agricultural land, or having agricultural land use rights recognized by the State; or has acquired agricultural land use rights, and generates stable income from agricultural production on that land.

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Article 211. Effect

1. This Law takes effect on July 1, 2014.

Land Law No. 13/2003/QH11 and Resolution No. 49/2013/QH13 of June 21, 2013, of the National Assembly on extension of the land use term for annual crops, aquaculture or salt production of households and individuals cease to be effective on the effective date of this Law.

2. Article 57 of Law No. 66/2006/QH11 on Vietnam Civil Aviation, Article 2 of Law No. 34/2009/QH12 Amending and Supplementing Article 126 of the Law on Housing and Article 121 of the Land Law, Article 4 of Law No. 38/2009/QH12 Amending and Supplementing a Number of Articles of Laws Concerning Capital Construction Investment, Article 264 of Law No. 64/2010/QH12 on Administrative Procedures, and the provisions on land requisition in Law No. 15/2008/QH12 on Compulsory Purchase and Requisition of Property, are hereby annulled.

Article 212. Detailing provision

The Government shall detail the articles and clauses as assigned in this Law.

This Law was passed on November 29, 2013, by the XIII^th National Assembly of the Socialist Republic of Vietnam at its 6^th session.-