Law 45/2013/qh13: Land

Original Language Title: Luật 45/2013/QH13: Đất đai

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CONGRESS
Number: 45 /2013/QH13
THE SOCIALIST REPUBLIC OF VIETNAM.
Independence-Freedom-Happiness
Hanoi, November 29, 2013

LAW.

THE LAND.

The Constitution of the Socialist Republic of Vietnam.

Congress enacted the Law of the Land,

Chapter I

GENERAL REGULATION

What? 1. The adjustment range

The law rules on the ownership of the land, the powers and responsibilities of the State to represent all the people of the land and to unify the administration of the land, the administration and the use of the land, the rights and obligations of the land used to the land of the land. The territory of the Socialist Republic of Vietnam.

What? 2. Subject applies

1. The State Agency performs the powers and responsibilities of representative of the entire population of the land, carrying out the task of uniting the state ' s management of the land.

2. The land user.

3. Other subjects are involved in the management, land use.

What? 3. Explain words

In this Law, the words below are understood as follows:

1. Earth is the land area bounded by the boundary defined on the field or described on the profile.

2. Land Use Planning is the allocation and location of land by space used for the goals of economic-social development, defense, security, environmental protection and climate change adaptation on the basis of land potential and the need for land use of industries, sectors and sectors of the world. for each economic zone-the society and the administrative unit within a definite period of time.

3. Plan to use land is the division of the planning of land use over time to implement in the land-use planning period.

4. Locale map is the map showing the land and geographic elements involved, according to the executive order, the ward, the town, which is confirmed by the state authority.

5. Soil usage map is the map showing the distribution of soils at a specified time, established in each administrative unit.

6. Land map planning map is the map that was set up at the time of the planning, showing the allocation of soils at the end of that plan.

7. The state uses land use (later known as the State of the Land of the Land) is the state that enacted the decision of the land to empower the land to use the land for the use of land.

8. The state lease the right to use the land (later known as the Land for Land lease) is the state's decision to grant land use to the object that has the need to use the land through the lease for land use.

9. The state recognizes the right to use land is the state ' s empowerment of land use to the person who is using stable land without the origin of the State of the State, for land leasing through the granting of the Land Use of the Land, the ownership of housing and other property attached to the land for the first time. With the soil of your body.

10. Transfer rights to land is the transfer of the rights to the land from one person to another through the form of transformation, transfer, inheritance, to the use of land and capital by the use of land.

11. State recituation is the State ' s decision to revoking the right to use the land of the State granted the use of the land or the return of land by the use of the land in violation of the land law.

12. Land reparation is that the State returns the value of land rights to the land of return for land use.

13. The cost of investing in the remaining land including the cost of filling up the face and other costs directly related to the evidence base that has invested in the soil, which by the time the State of the State recovered has yet to be recovered.

14. Support when the State recalers land is the State of Aid to help people with the land recover to stabilize their lives, produce and develop.

15. Land registration, housing, other property attached to the land. is the prescribation and recognition of the legal status of land use, housing ownership, other property attached to the land and soil management rights to a parcel of land into the primary profile.

16. The certificate for land use, property rights in and other property is tied to the land. is a legal certificate for the State to confirm the right to use land, property rights, and property rights associated with the legal land of the right to use land, property rights in and other property rights associated with the land.

17. Land Statistics. is the State of the Republic, judging on the geopolitical record of land use at the time of the census and the situation of the earthquake between the two statistics.

18. Land count is the State of the State for the investigation, aggregation, assessment on the local and field records of land use at the time of the inventory and the situation of the earthquake between the two inventory.

19. Land prices is the value of the right to use the land on a unit of land area.

20. Land rights value is the value of the use of land for a defined land area during the time of the use of the land.

21. The use of the land. is the amount of money that the land user has to pay to the State when it is used by the State of the Land to use land, which allows for the purpose of land use, the recognition of the right to use the land.

22. Land Information Systems is the system of aggregation of information technology infrastructure, software, data and processes, procedures built to collect, store, update, process, analyze, synthesize and retrieve land information.

23. The land database is a collection of arranged land data, organized to access, exploit, manage, and update through electronic media.

24. Land disputes. is a dispute over rights, the obligation of the land use between two or more parties in the land relations.

25. Destruction of the land. is the behavior of deformation, which reduces soil quality, causing soil contamination, dismissing or reducing the ability to use soil according to the specified purpose.

26. Organization of Public Career is organized by the state-controlled body of the State, the political organization, the political organization-the established society, which functions to carry out public service activities under the rule of law.

27. Economic organization. including business, cooperative and other economic organizations according to the regulation of civil law, except for businesses that have foreign investment.

28. Land to build underground construction It ' s the part of the soil that ' s built in the ground that this building is not the underground building on the ground.

29. Household uses land. is the people with marital ties, the blood, nurseries by the law of marriage and family, who are living together and have the right to use the land at the time of the State of the Earth, to lease land, recognize the right to use the land; Use of land.

30. Household, personally, direct agricultural production. is household, individual who has been handed over by the State, for hire, recognition of the use of agricultural land; the transfer of the right to agricultural land and has a steady source of income from agricultural production on that land.

What? 4. Property of land

The land is owned by the State-owned and unified state-owned state. The state grants land use to the land-based use of the land.

What? 5. Land users

People who use land taken by the State of the Land, land leasing, recognize the right to use the land, receive the right to use land by the provisions of this Law, including:

1. The domestic organization consists of the state agency, the human armed unit, political organization, political organization-social organization, economic organization, social political organization-profession, social organization, social organization-profession, public career organization, and organization. In other words, the law of civil law (later known as the organization);

2. Household, domestic personal (later known as household, personal);

3. The community community consists of the Vietnamese community living on the same village, villages, hamlets, maps, merchants, phums, squirts, townhouses and similar settlements with the same customs, practices, or shared streams of them;

4. Religious grounds include pagodas, churches, chaphouses, saints, saints, mosques, monasteries, private training schools of religion, headquarters of religious organization and other institutions of religion;

5. The foreign organization has diplomatic functions including the diplomatic representative body, the consuvage agency, the foreign representative body of foreign functions recognized by the Government of Vietnam; the organization ' s representative body of the United Nations, the agency or the government. The intergovernmental organization, the representative body of the intergovernmental organization;

6. The Vietnamese settled abroad according to the rule of the nationality law;

7. Businesses with foreign investment include a 100% business of foreign investment, joint venture enterprises, Vietnamese businesses that foreign investors buy shares, mergers, acquisitions under the rule of investment law.

What? 6. Principles of Land Use

1. The right planning, land use plan and the right purpose of using the land.

2. Saving, effective, environmental protection and not damaging the key benefits of people using the surrounding land.

3. The use of the land exercise authority, its obligations in the time of the use of land by the provisions of this Law and the other provisions of the relevant law.

What? 7. The person responsible in front of the State for land use

1. The head of the organization, the foreign organization that has diplomatic function, the business has foreign investment capital over the land use of its organization.

2. The Chairman of the People 's Committee, the ward, town for the use of agricultural land on purpose of work; the non-agricultural land has delivered to the People' s Committee, the ward, the town (later known as the Social People ' s Committee) for use on construction purposes. based on the headquarters of the People's Committee, public works that serve cultural, educational, medical, sports, sports, entertainment, markets, cemetery, cemetery and other local public works.

3. The representative for the residential community is the village, village, incubation, map, trade, phum, squirrel, neighborhood, or people who are elected by the community community for the use of the land, which recognizes the community community.

4. The head of the religious establishment for the use of land has been handed over to the religious establishment.

5. Family owners for the use of household land.

6. Personally, the Vietnamese settled abroad for their land use.

7. The person who has the same rights to use the land or the person representing the group has the same rights to use the land for the use of the land.

What? 8. The person responsible to the State for the land is delivered to manage

1. The head of the organization is responsible for the management of the land in the following cases:

a) The organization is entrusted with management of public works, including road traffic, bridges, sewers, sidewalks, water-level systems, drainage systems, irrigation systems, dykes, dams, monuments, monuments, monuments, monuments, monuments, monuments, monuments, monuments, monuments, monuments, monuments, monuments,

b) The economic organization is entrusted with land area management to implement an investment project in the form of construction-transfer (BT) and other forms according to the rule of law on investment;

c) The organization is entrusted with the water of the waters of the rivers and of the land that is of a dedicated water;

d) The organization was entrusted with the decision of the state fund revoked by the decision of the competent state agency.

2. The chairman of the Social People's Committee is responsible for the land management used for public purposes assigned to management, undelivered land, unleased land.

3. Chairman of the Provincial Committee of the Provincial People, the central city is responsible for the land management not used in the uninhabited islands of the locality.

4. The representative for the residential community is the person responsible for the land assigned to the community of management.

What? 9. Recommend investment in land

The state has a policy of encouraging employers to invest in labor, capital money, and the application of scientific achievement, technology to the following:

1. Protect, improve, increase the fertility of the soil;

2. Desolation, subversion, overwhelm the sea, the empty land area, the bald hill, the land of the wild water into the planning, the plan of land use;

3. Developing infrastructure to increase the value of the soil.

What? 10. Land Classification

Based on the purpose of use, the land is classified as follows:

1. The agricultural land group includes the following types of land:

a) The land planted in the annum of corn and land crops another year;

b) the land of the tree for many years;

c) The land of production;

d) Land of the hedge;

The land of the forest.

e) aquacal farming;

g) the land of salt;

h) Other farmland includes land used to build greenhouses and other types of homes that serve the purpose of cultivation, including non-direct cultivation forms on the soil; construction of cattle stables, poultry and other types of animals are legally legally cultivated. The law allows; the land of farming, breeding, aquacuses for the purpose of learning, and to study the experiment; the breeding ground, the seed, and the crops, and the crops;

2. The non-agricultural land group includes the following soils:

a) The land of the land which is in the countryside, and the land that is in the municipality;

b) The building of the headquarters;

c) The land is used for defense, security;

d) The land building of a career-based career building the headquarters of a career organization; land building cultural, social, health, education and training, sports, science and technology, diplomacy and other career;

Land of production, non-agricultural business including industrial land, industrial cluster, manufacturing zone; commercial land, service; land of agricultural manufacturing; land used for mineral activity; soil production of construction materials, pottery; and land.

e) The land uses for public purposes including transportation land (including air port, airport, inland waterway port, maritime port, rail system, road system, and other transportation works); irrigation; land with historical and cultural heritage, scenic, and cultural heritage. winning scene; the land of community life, playgrounds, public entertainment; the land of energy; the land of postal work, telecommunications; the market; the land of landfill, disposal of waste and other public land;

g) the land of religion, religion;

Earth made cemetery, graveyard, funeral houses, and cremation houses;

i) The land of rivers, rivers, canals, streams, streams, and water;

l) Other non-agricultural land including land as a lodge, shack, camp for labourers in the manufacturing facility; land construction land and houses to contain agricultural products, food protection drugs, fertilizers, machinery, tools for agricultural production and land construction land. the other of the people who use the land are not intended to do business in which it is not attached to the land;

3. The land group that has not been used includes undefined land types.

What? 11. Base to determine the soil type

The identification of the soil according to one of the following bases:

1. Certificate of rights to land use, Certificate of residence rights and the right to use of the land was granted before December 10, 2009; Certificate of authority for land use, property rights, and other property attached to the land;

2. Papers on the right to use the prescribed land at 1, 2 and 3 Article 100 of this Law on the case have not been granted a prescribed certificate at 1 Article;

3. The decision to land, lease land, permit the purpose of transferring the purpose of the use of the state of the state agency to the unissued case of the specified certificate in paragraph 1 Article;

4. For the absence of a prescribed paper at the 1, 2 and 3 Articles, the identification of the land made by the government regulation.

What? 12. Serious offenses

1. Limpression, capture, destroy land.

2. Violation of the planning, land use plan announced.

3. No land use, land use is not the right purpose.

4. Do not implement the provisions of the law when exercise the right of the land user.

5. Receivation of the right to use agricultural land beyond the level of household, individual according to the provisions of this Law.

6. Land use, make transactions on land use without registering with the state authority with jurisdiction.

7. Do not perform or perform incomplete financial obligations to the State.

8. Use of office, jurisdiction to make the regulations on land management.

9. No provision or provision of information about the land is not exactly as defined by the law.

10. Cuts, causing difficulties with the exercise of the right of the land using the rule of law.

Chapter II

RIGHTS AND RESPONSIBILITIES OF THE STATE TO THE LAND

Item 1

STATE RIGHTS TO THE LAND.

What? 13. The ownership of the owner of the land

1. Planning the land use plan, land use plan.

2. The purpose of using the land.

3. Regulation of land use, land shelf life.

4. Decision to recover soil, land requisation.

5. Land price decision.

6. The decision to grant land use to land users.

7. Financial policy decision on land.

8. Regulation of the rights and obligations of the land user.

What? 14. The state decided to use the land

The state decided to use the land through land use planning, land use plans, and permission for the purpose of land use.

What? 15. The state rules limits on land use, land shelf life

1. The state that regulates land use includes a limit of agricultural land delivery, the limit of the land delivery, the degree of recognition of land use in and the limit of the transfer of the use of agricultural land.

2. The state regulates the time of use of the land by the following forms:

a) Use of long-term stable land;

b) Use the land with a deadline.

What? 16. The state decided to recover land, land requiriation

1. The state decided to recover the land in the following cases:

a) Recover Land for defence purposes, security; economic development-society for national interest, public;

b) Collation of the land by the breach of the land;

c) The land recall due to the end of the use of land under the law, voluntarily returning the land, is at risk of threatening human life.

2. The state decides to commando the land in the case it is necessary to carry out defense, security or in the state of war, emergency, room, anti-disaster.

What? 17. The state grants land use to land users.

The state empowers the use of land for people to use the land through the following forms:

1. The decision to deliver the land without the use of the land, the land of the land, and the use of the land;

2. The decision to lease land rent land annually, lease land rent land once for a whole time of lease;

3. Public use of land rights.

What? 18. State decides the land price

1. The state rules the principle, the land valuation method.

2. The state enacted the land price framework, the land price board and the specific land price decision.

What? 19. The state decides the financial policy on land

1. The state decides the policy of revenue, the financial spending on the land.

2. The state moderated the added value from the land without due to the investment of the land-using land brought through tax policy, land use, land rent, infrastructure investment, and support policy for people with a recall land.

What? 20. State that regulates the rights and obligations of the land user

The state regulates the right and obligations of the land use in accordance with the form of land, lease land, recognition of land use, the origin of land use, and the financial obligations of the land users.

What? 21. Implemation of ownership of the land owner.

1. Congress enacted laws, land resolutions; decision planning, national land use plans; the implementation of the supreme oversight rights to the management and use of land within the country.

2. The People 's Council provides access to the planning, plans to use the country' s land before the agency has the authority to approve; through the land price board, the recovery of the land performs economic-social development projects for the benefit of the public. The country, the local public according to the authority stipulated in the Law, oversees the implementation of the local land law.

3. The government, the People ' s Committee, which exercise the right to represent the owners of the land under the regulatory jurisdiction in this Law.

Item 2

STATE RESPONSIBILITY FOR THE LAND.

What? 22. State management content on land.

1. The Executive Committee rules the law on management, land use and organization implementation of that text.

2. Identilocate the administrative boundaries, establish and manage the administrative locus profile, mapping administrative maps.

3. Survey, measure, map of the site, map of land use and map planning maps; investigation, assessment of land resources; investigation of land prices.

4. Planning management, land use plan.

5. Management of land delivery, land lease, land recovery, land purpose transfer.

6. Managing the compensation, support, resettlement when recovery of the land.

7. Register the land, establish and manage the main site, granting the Land Use Certificate of Land, property rights, and other property attached to the land.

8. Statistics, land inventory.

9. Build a land information system.

10. Financial management of land and land prices.

11. Manage, oversee the exercise of the rights and obligations of the land user.

12. Purchasing, inspection, surveillance, monitoring, evaluation of the submission of the law of the land and handling of the violation of the land law.

13. Common, educational law on land.

14. Resolve the dispute over land; resolve the complaint, denounce in management and use of the land.

15. Service operations manager on land.

What? 23. State management responsibility for the land

1. The unity government governs the state over land within the country.

2. The Ministry of Natural Resources and Environment is responsible to the Government in the unification of state management of the land.

The ministry, the relevant peer-to-duty body, is responsible for helping the Government in state administration of the land.

3. The People ' s Committee is responsible for governing the state on local land under the regulatory authority in this Law.

What? 24. Land Management Agency

1. The organization of the organization of the land governing body is held united from the central to the local.

2. The state governing body of land in the central part is the Ministry of Natural Resources and Environment.

The local land administration is established in the province, the city's central city, and in the district, the county, the town, the provincial city; the public service organization of the land is established and operates under the government's regulations.

What? 25. Main site in township, ward, town

1. Communes, the town, the town has the public office as the provisions of the Law of Public Affairs, Public Affairs.

2. The township, ward, is responsible for helping the People's Committee on local land management.

What? 26. The State ' s guarantee of land use.

1. Protect the right to use land and property attached to the legal land of the land user.

2. Level certificates of use of land, property rights in and other property associated with the land for the land use when there is sufficient conditions under the rule of law.

3. When the State recuperes land for defense purposes, security; economic development-society for national interest, public use of the land is compensated by the State, supported, resettling under the rule of law.

4. Has a policy faciliteit to direct people to produce agriculture, forestry, aquaculture, as salt without soil production due to the process of converting the soil using land and converting vocational training to vocational training, vocational transformation and search. Work.

5. The state does not acknowledge the claim of land that has been delivered by the state 's provisions for others to use during the implementation of the land policy of the Republic of Vietnam' s Republic of Vietnam, the Provisional Revolutionary Government of South Vietnam and the Islamic State. The Socialist Republic of Vietnam.

What? 27. The responsibility of the State of the Land, the land of agricultural production for ethnic minority people

1. There is land policy in, land-based land for ethnic minority people in accordance with customs, practices, cultural identities and the actual conditions of each region.

2. There is a policy of facilitation of the direct minority of the ethnic minority that produces agricultural agricultural products in rural land for agricultural production.

What? 28. The state ' s responsibility in the construction, supply of land information.

1. Build, manage the land information system and secure the organization ' s access to the organization, personally for the land information system.

2. announced in time, publicly available information on the land information system for the organization, personally, except for confidential information under the rule of law.

3. Announces administrative decision-making, administrative conduct in the field of land management for the organization, individual affected by the rights and benefits of legal rights.

4. The state agency, who has jurisdiction in management, uses land that is responsible for facilitalization, providing information about the land for the organization, the individual according to the rule of law.

Chapter III

ADMINISTRATIVE BOUNDARIES AND BASIC INVESTIGATIONS OF THE LAND.

Item 1

ADMINISTRATIVE BOUNDARIES

What? 29. Administrative Places

1. The government only directed the identification of the administrative boundaries, and the administration of the local administrative records of the levels within the country.

The Minister of the Interior provides for the sequence of the order, the procedure that defines the administrative boundaries, the management of the local landmark, and the local administrative records of the ranks.

The Minister of Natural Resources and Environment provides economic and economic regulation-engineering in the setting of administrative boundaries, setting up the administrative boundaries of the ranks.

2. The People ' s Committee of the Organizational Hierarchy performs the identification of the administrative site on the field and the filing of the administrative status within the local domain.

The Social People 's Committee is responsible for managing the local administrative landmark on the local field; the case of a lost administrative land landmark, the move or damage must promptly report the District People' s Committee, the district, the town, the provincial city (the following). It ' s called the People ' s Committee.

3. Administrative locus records include paper-form documents, the form of information about the establishment, regulation of the administrative unit and the local landmarks, the boundaries of the administrative unit.

The lower administrative status profile provided by the People's Committee directly confirmed; the provincial capital records, the central city of the Central Committee, confirmed by the Ministry of Internal Affairs.

Which level of administrative status is stored at the Committee of the People's Department and the Committee on the Ministry of Internal Affairs, Ministry of Internal Affairs, Ministry of Natural Resources and Environment.

4. The administrative status dispute between the administrative divisions of the People's Committee of those administrative units is jointly resolved. In the absence of consensus of administrative or settlement of the administrative boundaries, the authority to resolve the settlement is as follows:

a) The case of dispute involving the boundaries of the provincial administrative unit, the central city of the central city, the Government of the National Assembly decided;

b) The disputed case involving the boundaries of the district administrative unit, the district, the town, the provincial city; communes, the wards, the town, the Government presented the Standing Committee of the National Assembly.

The Ministry of Natural Resources and Environment, the province ' s land governing body, the central city, district, county, town, the province, the province is responsible for providing the necessary documentation and coordination with the state authority that has jurisdiction to resolve the dispute. The administrative boundaries.

What? 30. Administrative Map

1. The local administrative map is set up on the basis of the local administrative map of that locality.

2. The mapping of the administrative map is done in accordance with the following regulation:

a) The Ministry of Natural Resources and Environment, which guides the mapping of the executive order in the country and the organization for the mapping of the national, provincial, central city;

b) The Provincial Committee of the Provincial People (later known as the Provincial People's Committee) organized the implementation of the administrative, county, town, and provincial administrative map.

Item 2

BASIC INVESTIGATION OF THE LAND.

What? 31. Set up, edit the locale map

1. The measurement, the main map setting is done in detail to each parcel of land according to the administrative unit, the ward, the town.

2. The orthopegraph modification is done when there is a change in the size shape size of soil and other factors that are related to the local map content.

3. The Ministry of Natural Resources and Natural Resources regulates the establishment, orthopeit, and administration of the local map within the country; the conditions of the administrative measure.

4. The Provincial People ' s Committee organizes implementing, corrects and managing local local maps.

What? 32. Operate operations, land assessment

1. The investigation, the assessment of the land includes the following activities:

a) Investigation, assessment of soil quality, land potential;

b) investigation, assessment of soil degradation, soil pollution;

c) Investigation, division of agricultural land;

d) Statistics, land inventory;

And the census, and the valuing of the earth;

e) Build and maintain the land resource monitoring system.

2. Investigate, assess the land including the following contents:

a) Taking samples, analysis, statistics of land observations;

b) Build a map of soil quality, soil potential, soil degradation, soil pollution, agricultural land distribution, land prices;

c) Construction reporting assessment of soil quality, soil potential, soil degradation, soil pollution, agricultural land distribution, land prices; and more.

d) Build statistical reports, land inventory, map of land use, report on land prices and land price volatility.

What? 33. The organization performs investigation, assessment of land

1. The Ministry of Natural Resources and Environment:

a) The organization implemented and published the results of the investigation, the assessment of the land of the country, the regions according to the five-year terms once and according to the subject;

b) Command the implementation of the investigation, judging the land of the province, the central city of the central city;

c) General, publish the results of the investigation, assess the land of the country.

2. The Provincial People ' s Committee is responsible for organizing the implementation and publication of the results of the investigation, assessment of the local land; send results in the Ministry of Natural Resources and Environment to sum up.

3. The Minister of Natural Resources and Environment regulates the investigation, assessment of the land and conditions on the capacity of the unit to implement the investigation, assess the land.

What? 34. Statistics, land inventory, mapping the status quo use of land.

1. Statistics, land inventory including statistics, land inventory by periodic, and land-based inventory.

2. Statistics, periodic land inventory is done according to the following regulation:

a) Statistics, inventory of land carried out according to the administrative unit, ward, town;

b) The census of the land is conducted once a year, except the year of making land inventory;

c) The inventory of the land is conducted every 05 years.

3. The land map using land is established 05 years once attached to the provision of the land specified in paragraph 2 of this.

4. The inventory of the subject land in order to serve the required state management requirement by the decision of the Prime Minister, the Minister of Natural Resources and the Environment.

5. Responsibility for the implementation of statistics, land inventory, mapping of the status quo use of the land specified as follows:

a) The People ' s Committee of the Organizational Grants performs statistics, land inventory, mapping the status quo of local land;

b) The People's Committee of the People's Committee, the district report to the Committee on Direct People's Committee directly; the Provincial People's Committee reports the Department of Natural Resources and Environment on statistical results, land inventory, mapping of local land use;

c) The Ministry of Defence, the Ministry of Public Security, is responsible for presiding, in coordination with the Provincial People ' s Committee to implement statistics, land defense, security, and submit results reports on the Ministry of Natural Resources and Environment;

d) The Ministry of Natural Resources and Environment reported the Prime Minister and published the results of the annual land statistics, the results of the 5-year land inventory of the country.

6. Secretary of the Ministry of Natural Resources and Environment details the statistics, land inventory, mapping of the status quo use of the land.

Chapter IV

PLANNING, LAND USE.

What? 35. Principles of planning, land use plan

1. In line with strategy, overall planning, economic development plans-social, defense, security.

2. Being formed from the general to the details; the land use planning must be consistent with the land use planning; the plan to use the land must be consistent with the land use planning that has been approved by the state agency. The planning of use of national land must guarantee the specification of the economic-social regions; the planning of using a district-level land must show the land use of the township's land.

3. Use of savings and effective land.

4. Mining for natural resources and environmental protection; adapting to climate change.

5. Protection, respect for historical-cultural heritage, scenic, scenic.

6. Democracy and public.

7. Secure the land fund priority for defense, security, national interest, public, food security and environmental protection.

8. The planning, sector plan, sector, local use of land must be consistent with the planning, land use plan that has been decided by the state agency, approved.

What? 36. Planning system, land use plan

1. Planning, National Land Use Plan.

2. Planning, provincial land use plan.

3. Planning, plan to use the district land.

4. Planning, plan to use defense.

5. Planning, the use of security lands.

What? 37. Planning, land use.

1. The plan to use the land is 10 years.

2. The plan to use national, provincial and planning land use of the defense land, the security land of five years. The plan for the use of the district is established annually.

What? 38. Planning, National Land Use Plan

1. The National Land Use Planning Base includes:

a) Economic development strategy-social, defense, national security; the overall planning of developing economic-social regions; strategy, industry development planning, sector;

b) Natural conditions, socioeconomic;

c) The status of land use, land potential and results of the implementation of the previous national land use planning;

d) The need for land use of industries, sectors;

The scientific and technological progress is related to the use of land.

2. The planning content of national land use includes:

a 10 years)

b) Identilocate only land use for agricultural land groups, non-agricultural land groups, unusable land groups; in which the site of a number of soil types includes rice farming, rice-grown land, hedonlands, land-specific forests, land forests, and forests. produced, aquacultural land, salt soil, defense land, security land, industrial land, manufacturing land, high tech sector, economic zone, country infrastructure development, land with historical and cultural heritage, scenic land, land. And the waste ground, the waste disposal;

c) Define the area of the prescribed land at this b point of the planning period to each provincial administrative unit and the socioeconomic zone;

d) A planning map using national land and economic-social regions;

The solution does the use of land use.

3. The National Land Use Planning Base includes:

a) the planning of national land use;

b) Economic development plans-05 years and annually of the whole country;

c) The need to use the 05-year land of disciplines, sectors;

d) The implementation of the previous national land use plan;

The ability to invest, mobilize resources to make use of land use.

4. Content planning content includes:

a) Analysis, evaluation of the results of the implementation of a pre-national land use plan;

b) Define the area of the prescribed land at point b 2 This article in the plan to use soil 05 years;

c) Plans to use the 5-year land for each provincial administrative unit and the economic zone-society;

d) The solution implementation of the land use plan.

What? 39. Planning, provincial land use plan

1. The planning base using provincial land includes:

a) the planning of national land use;

b) The overall economic development-social development of the economic-social region, of the province, the central-central city; strategy, industry development planning, sector;

c) Natural conditions, economies-the society of the province, the central city of the central;

d) The status of land use, land potential and results of implementation of the pre-provincial land use planning;

The need for land use of industries, sectors, departments;

e) the extent of land use;

g) Progress in science and technology is related to the use of land.

2. The planning content of the provincial land use includes:

a 10 years)

b) Define the area of the land that has been allocated in the planning of national land use and the area of land-based land needs;

c) Identilocate areas that use land according to the function of use;

d) Define the area of the prescribed land at this point b to each district level administrative unit;

Set up a plan to use a provincial land.

e) The solution implementation of the land use plan.

3. The planning base using the provincial land includes:

a) Plan to use the 05-year-national soil; the planning of using the provincial land;

b) Economic development plan-05 years and the annual level of the provincial level;

c) The need for use of the 05-year land of the disciplines, the field, of the provincial level;

d) The implementation of the previous provincial land use plan;

The ability to invest, mobilize resources to make use of land use.

4. Content planning content includes:

a) Analysis, evaluation of the results of the implementation of the previous provincial land use plan;

b) Define the area of the prescribed land at point b 2 This in the plan to use the land by year and to the individual administrative divisions;

c) Define the area of soils that require the purpose of using the prescribed land at points a, b, c, d and e paragraph 1 Article 57 of this Law in the plan to use the land by year and to each district administrative unit;

d) Identilocate scale, site site, national and provincial projects that use land on regulatory purposes at Article 61 and Article 62 of this Law performs in the plan to use soil by year and to each district administrative unit;

For the engineering infrastructure project, construction, urban area editing, rural residential areas must simultaneously locate the land recovered in the vicinity to auction the use of housing, commerce, services, manufacturing, and business. business;

Set up a plan to use a provincial land.

e) The solution implementation of the land use plan.

What? 40. Planning, plan to use district land

1. The planning base using district land includes:

a) the planning of the provincial land;

b) The overall economic development of the economy-the society of the provincial level, the district level;

c) Natural conditions, the economy-the society of the district, the district, the town, the city of the province;

d) The status of land use, land potential and results of the implementation of the previous district-level land use plan;

The need for land use of industries, sectors, of the district level, of the township level;

e) the extent of land use;

g) Progress in science and technology is related to the use of land.

2. The planning content using the district-level land includes:

a 10 years)

b) Define the area of the land that has been allocated in the planning of provincial land use and the area of soils according to the need for the land of the district and the township level;

c) Identilocate the land using function using the function of use to each township level administrative unit;

d) Define the area of the defined soils at this point b to each of the township administrative units;

The planning area uses land-level land; for the grain planning area, the target area for use of regulation land at points a, b, c, d and e paragraph 1 Article 57 of this Law can be detailed to each level of administration. -

e) The solution implementation of the land use plan.

3. The planning base for the annual land use of the district includes:

a) Plan to use the provincial land;

b) The planning of the land level;

c) The need for land use in the five plans of the disciplines, the field, of the levels;

d) The ability to invest, mobilize resources to implement the land use plan.

4. The planning content of the annual land use of the district includes:

a) Analysis, evaluation of the results of the implementation of the land use plan last year;

b) Define the area of the land that has been allocated in the plan to use the provincial land and the area of land by the need for land use of the district level, the township level in five plans;

c) Identilocate the location, land area must be recovered to perform the work, the project uses land on the purpose of regulation at Article 61 and Article 62 of this Law in the planning year to each township-level administrative unit.

For the engineering infrastructure project, construction, urban editing, rural residential areas must simultaneously locate, land area recovered in the vicinity to auction the use of land for housing projects, commerce, services, manufacturing, business;

d) Define the area of soils that need to be used for use on soils that must apply for regulation at points a, b, c, d and e paragraph 1 Article 57 of this Law in the year of planning to each of the township;

) mapping the annual land use plan of the district level;

g) The solution implementation of the land use plan.

5. For the county that has had urban planning approved by the state authority it does not plan to use the land but must plan to use the land annually; the district ' s urban planning case does not match the area that has been allocated in the country. The planning of using a provincial land must adjust the urban planning to suit the use of provincial land.

What? 41. Planning, National Defense, Security and Security.

1. The planning base uses the defense land, security includes:

a) the planning of national land use;

b) Economic development strategy-social, defence, national security and overall planning of economic-social regions;

c) Natural conditions, socioeconomic;

d) The status of land use, land potential and the resulting implementation of the planning of defense of defense, security first;

The need for defense, security;

e) the extent of land use;

g) Progress in science and technology is related to the use of land.

2. The planning content of using defense land, security includes:

a) The orientation of defense, security;

b) Identilocate the need for defense, security during the planning of land use in accordance with the overall planning of economic development-social, defence, security and economic development plans-the society of the nation;

c) Identilocate the position, area of defence land, security to hand over to the local management, use on the purpose of economic development-society;

d) The solution implementation of the planning of defense, security.

3. The planning base uses the defense land, security includes:

a) Plan to use the 05-year-national soil, the planning of using defense, security;

b) The need for use of 05 years of defense, security;

c) The implementation of the plan to use defense, security first;

d) Investment capacity, resource mobiles to implement a plan to use defense, security.

4. Content planning content, security including:

a) Analysis, evaluation of the results of the implementation of a plan to use defense, security first;

b) Define the area, land area used for defense purposes, security in the 05-year plan and specifically to each year;

c) Specific identification of location, defense of defence, table security for the local management of the 05-year plan;

d) The implementation of the plan to use defense, security.

What? 42. The responsibility for organizing planning, land use plan

1. The government organizes planning, plans to use national land. The Ministry of Natural Resources and Environment maintains the government in planning the use of a national land.

2. The Provincial Committee for the Provincial People's Department of Planning, Plans to Use the Provincial Land; the District People's Committee to organize planning, plan to use district-level land.

The Provincial Land Management Authority, the district level presiding over the People's Committee on the Board of Planning, plans to use the land.

3. The Ministry of Defense organizes planning, plans to use defense lands; the Ministry of Public Security is planning the planning, the use of security land.

4. The government regulates this.

What? 43. Take an opinion on the planning, land use plan

1. The organization of the planning organization, the plan to use the land specified in paragraph 1 and paragraph 2 Article 42 of the Law is responsible for holding the people's comments on the planning, land use plan.

2. Form, content and time taking on the people ' s opinion on the planning, the plan to use the land is done according to the following regulation:

a) The employment of the people ' s contributions to the planning, the use of national land, the provincial level is done through the public form of information about the content of the planning, the plan to use the land on the electronic information page of the Ministry of Natural Resources and Environment. The provincial People's Committee, the People's Committee of the Provincial People's Committee; its citizens ' contributions to the planning, plans to use the district-level land to be made through the form of a conference organization, take the initiative and inform information about the content of the planning, the plan. the land on the electronic information page of the Provincial People 's Commission and the District People' s Committee;

b) Content to the planning of the people of the planning, land use plan, land use planning, land use plans, project projects, land use plans;

c) The timing of the planning, the plan to use the land is 30 days from the day the state agency has the authority to decide the organization to take the opinion.

3. The agency with responsibility for planning the planning, land use planning at paragraph 1 This is responsible for the construction of the joint report, the reception, the people ' s opinion process and the fining of the planning method, the land use plan before the project. The Council of Planning Planning, the Use of the Land.

4. For the planning, the plan to use defense, security, Ministry of Defense, Ministry of Public Security is responsible for the opinion of the Provincial People ' s Committee in the process of organizing planning, land use plans.

5. The government regulates this.

What? 44. Planning planning, land use plan

1. The authority to establish the Planning appraisal Council, land use plan:

a) The Prime Minister of the Government established the Planning Board, which plans to use the country's country.

The Ministry of Natural Resources and Environment is responsible for helping the Board of appraisal during planning appraisal, land use plans;

b) The Minister of Natural Resources and Environment established the Planning appraisal Council, which plans to use defense, security and planning, plans to use the provincial land.

The Central Land Management Authority is responsible for helping the Board of appraisal in the process of planning the planning, land use plan;

c) The chairman of the Provincial People ' s Committee established the Planning appraisal Council, which plans to use the district-level land.

The Provincial Land Management Authority, the district office, is responsible for helping the Council to be appointed during the planning of planning, the use of the land.

2. The planning appraisal board, which plans to use the land of the prescribed responsibility and to send notice of the planning appraisal, plans to use the land to the planning organization body, the planning land use plan at Article 42 of this Law; the organization body. Planning, the use of land-based use, the process by which to announce the planning of planning, the planning of land use.

In the case of necessity, the Planning Board of Planning, the plan to use the land of inspection, the field survey of the areas that envisage the purpose of using the land, in particular the purpose of transferring the use of rice plantations, hedge forests, dense forest land. Yeah.

3. Content appraisal planning content includes:

a) The legal basis, the scientific basis of the planning of land use;

b) The suitable level of the planning method of using land with strategy, the overall planning of economic development-social, defence, national and local security; industry development planning, sector;

c) Economic and social efficiency;

d) The feasibility of the land use plan.

4. The content of planning the use of the land includes:

a) The right level of land use plan with land use planning;

b) The right level of the land use plan with the economic-economic development plan;

c) The feasibility of the land use plan.

5. The planning of organizational planning, land use plan is defined as a separate item in the planning budget, land use plan.

What? 45. Authority to decide, approve the planning, land use plan

1. Congress decides to make a plan, plan to use national land.

2. The government approves planning, plans to use provincial land; planning, plans to use defense lands; planning, security land use plans.

The People ' s Provincial Committee of the Council of the People's Assembly of the same level through the planning, plans to use the provincial land before the government's approval.

3. The Provincial People ' s Committee approx the planning, plans to use the district-level land.

The People's Committee grants the People's Assembly to the same level through the use of the district-level land before the Provincial People's Committee is approved.

The Provincial People's Committee of the Provincial People's Committee approved the plan to use the annual land of the district. The Provincial People's Provincial Committee of the Provincial People's Council passed the project portfolio that required land recall at paragraph 3 Article 62 of the Law before approving the annual land use plan of the district.

What? 46. The planning adjustment, land use plan

1. The regulation of land use planning is only done in the following cases:

a) There is the adjustment of economic development strategy-social, defense, national security; the overall planning of developing economies-the society in which that regulation changes the land of the land;

b) Due to the impact of natural disasters, war changes the purpose, structure, location, land use area;

c) There is a regulation of the land use of the upper level directly affecting the land use planning;

d) There is regulation of local administrative boundaries.

2. The regulation of land use is only done when there is regulation regulation of land use or there is a change in the ability to implement a land use plan.

3. Content that regulates the use of land as part of a planned land use plan, approved. The plan to regulate land use is part of a planned land use plan.

Planning regulation, land use planning, is defined at 42, 43, 44 and 48 of this law.

4. The state agency has the authority to decide, approx the planning, which level of use of the land of the country has the authority to decide, approx the planning adjustment, the land use plan of that level.

What? 47. Planning and planning.

1. In the planning process, the land use plan, the body responsible for presiding over the planning, plans to use land that is employed by planning planning, land use plan.

2. The government regulates the condition of the organization, the individual operating the planning consultancy, the land use plan.

What? 48. Public public planning, land use plan

1. Planning, a plan to use a national, provincial, and district-level land after being decided by the state authority, approx must be publicly announced.

2. The responsibility to publish public planning, the planned land use plan is as follows:

a) The Ministry of Natural Resources and Environment is responsible for publicly planning the planning, national land use plan at the agency headquarters and on the electronic information portal of the Ministry of Natural Resources and Environment;

b) The Provincial People 's Provincial Committee is responsible for publicly announcing the planning, planning of using the provincial land at the agency headquarters and on the electronic information portal of the Provincial People' s Commission;

c) The district-level civil rights committee is responsible for publicly announcing the planning, planning of using a district-level land at the agency headquarters, on the electronic information portal of the District People ' s Committee and publicly announced the planning content, plans to use the district land. is related to the commune, the ward, the town at the headquarters of the Social People ' s Commission.

3. The time, the deadline for the public publication of the planning, plans to use the land by the following regulation:

a) The public publication of the public was made in the 30-day period since the date was decided by the state authority to decide, approve;

b) The public is done during the planning period, the land use plan.

What? 49. Make a plan, land use plan

1. The government organizes, directing the implementation of the planning, the use of national land.

The Prime Minister allocated the designation of land use to the provinces, the central city, the Ministry of Defence, the Ministry of Public Security on the basis of the only national land use of land use by the National Assembly.

The Provincial People's Committee, the district, is responsible for carrying out the plan, plans to use the local land.

The People's Committee is responsible for the planning of planning the land on the township.

The Ministry of Defense, the Ministry of Public Security, is responsible for carrying out the planning, the use of defense, security.

2. The case of land use planning has been announced without a plan to use the land annually, the land use is continued to use and is carried out the rights of the land-based use by law.

The case has been planning to use the annual land of the district that the land use in the area must transfer the purpose of land use and recovery of land under the plan to continue carrying out the rights of the land-using but not newly built housing. construction, perennial planting; if the land user has a need for renovation, housing repairs, existing buildings must be authorized by the state authority under the rule of law.

3. The land area recorded in the district ' s annual land use plan has been announced to recover to implement the project or to transfer the purpose of land use that after 3 years has not yet decided to recall land or not be allowed to transfer the purpose of land. The state agency has the authority to approve the plan to use the land to adjust, cancel and have to publish the regulation, cancel the recall or transfer of the purpose to the land area of the land used in the land use plan.

Where the state agency has the authority to approve a plan to use unregulated land, cancel or regulate, cancel but not publish the regulation, cancel the use of the land without restriction on regulation at paragraph 2.

4. When the end of the planning of land using land that the planning of using the land is not done, it is continued until the next use of the country is determined by the state authority.

5. The government provides details of the organization's implementation of the planning, land use plan.

What? 50. Report execution report, land use plan

1. Responsible for annual reporting on the results of planning implementation, the planned land use plan is as follows:

a) The Social People 's Committee, the county level responsible for reporting results report results, plans to use the land to the People' s Committee directly on the direct; the Provincial People ' s Committee is responsible for sending results reporting implementation of the planning, land use plan, and more. to the Ministry of Natural Resources and Environment;

b) The Ministry of Defence, the Ministry of Public Security is responsible for reporting the results of the resulting implementation of the planning, plans to use defense land, security to the Ministry of Natural Resources and Environment;

c) The Ministry of Natural Resources and Environment is responsible for aggreging the annual implementation of the plan, the country ' s use of land use to report the Government to the National Assembly at the end of the year.

2. Report results on the annual land use plan for the last year of the first land use plan must be accompanied by a combined report of the implementation of both land use planning.

The results report implementation of the annual land use plan for the last year of the land use planning to accompany a combined report of the implementation of the final land use plan and report aggregation of the implementation of both land use planning.

What? 51. Resolve the decision to arise, plan to use the land after the Law took effect.

1. For the planning, land use plan has been decided by the state agency, approving before the Law on which the enforcement effect is required to take a sweep, the additional investigation to regulate the planning, land use plan accordingly with the provisions of the law. This legislation was when planning for use of 5 years (2016-2020).

2. When the Law goes into effect that the planning, the plan to use a district-free land that has not been approved by the state authority, the recovery of land, land, land lease, recognition of land rights, the purpose of using the land, to use the base of the land, to use the base of the land. use of the provincial land and project portfolio serves the economic-social development of the district granted by the General People's Committee of the Provincial Committee of the Provincial People's Committee.

Planning approval, the plan to use a district-level land has to be completed for only one year since the date of the law.

Chapter V.

LAND DELIVERY, LAND LEASE, LAND PURPOSE TRANSFER

What? 52. Base for land delivery, land rental, permit transfer of land use

1. The annual land use plan of the district level has been approved by the state agency.

2. The need for land use is shown in the investment project, land delivery application, land lease, land purpose transfer.

What? 53. Land delivery, land lease on land that is having people use for others

The state's decision to deliver the land, lease land to the land which is used for others to be made only after the state agency has the authority to decide on the provisions of this law and have to do compensation, support, and support. resettlement under the rule of law for the right to release the degree.

What? 54. Land that does not collect money

The land-based state does not collect land use in the following cases:

1. Household, individuals directly producing agriculture, forestry, aquacoreal farming, salting agricultural land on the provisions of regulation at Article 129 of this Law;

2. The use of the land of the hedge, the common woodland, the productive land is the natural forest, the land that builds its headquarters, the land used for defense purposes, security; land used for public purposes not for business purposes; the land as a cemetery, The cemetery is not in the prescribed case at paragraph 4 Article 55 of the Law;

3. The public career organization has not yet self-funded the use of career building land;

4. The organization uses the land to build housing resettlement under the State House project;

5. The residential community uses agricultural land; the religious establishment uses non-agricultural land at Article 159 of this Law.

What? 55. Land that collects land money

The land-based state has the money to use land in the following cases:

1. Household, personally delivered in;

2. The economic organization is given land to implement the housing construction project in order to sell or to sell the rental combination;

3. The Vietnamese settled abroad, the business with foreign investment was given land to make a housing construction project in order to sell or to sell the lease.

4. The economic organization is delivered to the infrastructure infrastructure project, the graveyard for transfer of land rights to the infrastructure.

What? 56. Land lease

1. The state lease the land rent land annually or collect land rent once for both the lease period in the following cases:

a) Household, the individual who uses the land to produce agriculture, forestry, aquacal farming, saline;

b) Household, individuals have the need to continue to use agricultural land that exceeds the level of which is assigned at Article 129 of this Law;

c) households, individuals who use commercial land, services; land used for mineral activity; the soil produces construction materials, making pottery; the land base of agricultural production;

d) The household, the individual who uses the land to build a business purpose for business;

The economic organization, the Vietnamese residing abroad, the business that has foreign investment in foreign investment uses land to implement agricultural, forestry, aquacowork, salt; land production, non-agricultural business; construction land. Public works have a business purpose; the land to implement a housing investment project to lease;

e) The economic organization, the organization of its financial autonomy, the Vietnamese residing abroad, the business that has foreign investment in the country's use of a career building;

g) The foreign organization has the diplomatic function of using the land to build its headquarters.

2. The state lease land deposits annually to the civilian armed unit that uses the land to produce agriculture, forestry, aquacal farming, saline, or agricultural production, forestry, aquacal farming, which makes salt combined with the mission ' s duty. Defense, security.

What? 57. Turn the purpose of land use

1. The purpose of transferring the purpose of using the land must be allowed by the state agency to include:

a) to the land of the land of the crops, the land of the forest, and the land for the planting of the aquacer, and the land for salt;

b) Transplanting another annual crop to the breeding ground for saltwater aquacalum, soil as salt, land farming in the form of ponds, lakes, marshes;

c) Transland the common forest soil, land of the hedge, woodland soil produced for use on other purposes in the agricultural land group;

d) To convert agricultural land to non-agricultural land;

The land of uncollected agricultural land was not collected by the State of the Land to use the land to the non-agricultural land that was used by the State of the Land to collect land or lease land;

e) Moving non-agricultural land not to land in the country;

g) The land of building a career, land used for business purposes, land of production, non-farm business is not commercial land, service to commercial land, services; commercial land transfer, service, land construction and land. It ' s a career building to a non-farm manufacturing facility.

2. When transferring the purpose of using the land by regulation at paragraph 1, the land user must carry out the financial obligations under the rule of law; the land use regime, the rights and obligations of the land use applied to the soil after being used. Purpose of use.

What? 58. Land of the land lease, land lease, permit transfer of land use to implement the investment project.

1. For the project to use rice cultivation, the land of the hedge, the forested land that is used to other purposes without the case of Congress decided, the Prime Minister agreed to an investment in which the state agency has jurisdiction to only be decided. deliver land, lease land, allow for the purpose of transferring the purpose of land when there is one of the following texts:

a) The Prime Minister ' s Office of Approval for the purpose of transferring the purpose of use from 10 hectares of grain to the ground; from 20 hectares to the forest of the hedge, the land of the forest is used.

b) The resolution of the Provincial People's Council for the purpose of transferring the purpose of use under 10 hectares of rice cultivation; under 20 hectares of the forest of the hedge, the forest of particular forest.

2. For the land use project on the island and township, the border town, the coastal town, the state agency has jurisdiction to only be decided to land, lease land, allow for the purpose of transferring the purpose of land when the written approval of ministries, the industry has. All right.

3. The person assigned to the State of the Land, leased the land, allows the purpose of transferring the purpose of the land to implement the investment project must have the following conditions:

a) There is financial capacity to secure the land use by the progress of the investment project;

b) The law pursues the law of the investment;

c) No violation of law on land for the use of land by the State of the Land, lease land to carry out another investment project.

4. The government regulates this.

What? 59. Land authority, land lease, permit transfer of land use

1. The Provincial People ' s Committee decided to deliver the land, lease land, to allow the purpose of transferring the purpose of land use in the following cases:

a) to land, to lease land, to allow for the purpose of the purpose of the land to be used for the land of the organization;

b) Land on the basis of religion;

c) Transland to the Vietnamese residing abroad, the business has foreign investment under regulation at paragraph 3 Article 55 of this Law;

d) For land lease to the Vietnamese residing abroad, the business has foreign investment by regulation at the point and point of one Article 56 of this Law;

The lease of land to foreign organizations has diplomatic function.

2. The District People ' s Committee decides to land, lease land, allow for the purpose of transferring the purpose of land in the following cases:

a) Transland, land lease, allow for purposes of land use for household, individual. The case for household, individual tenants, allows for the purpose of transferring the purpose of agricultural land to commercial use, the service with an area of 0.5 hg. What?

b) Transland to the residential community.

3. The Social Committee for the lease of land under the agricultural land fund uses the purpose of the commune, the ward, the town.

4. The authorities have the authority to decide the land, lease the land, allow for the purpose of transferring the land specified in paragraph 1 and paragraph 2 This is not authorized.

What? 60. Processing the land of land, lease land before this Law Day is valid for execution

1. Economic Organization, household, individual, Vietnamese residing abroad in the case of a land lease under the rule of this law was obtained by the State of the State to use the land before the law is effective, and it is continued to use the land. You know, the rest of the land is on the shelf, and not for the lease of land. At the end of the use of the land, if the state authority has a jurisdiction, it must be transferred to the provisions of the law.

2. Organization, households, individuals, Vietnamese settlers residing abroad under the Law of the Law, according to regulation of the law, were not collected by the State of the land before the law was taken by the law. The law is effective and paid for rent.

3. Economic organizations, households, individuals, Vietnamese settlers residing abroad under the provisions of the land lease under the provisions of this Law have taken the transfer of the right to the legal land before the law is enforced, which continues to use the land during the period. The rest of the land, without having to move to lease the land under the rules of the law.

4. The economic organization of the land lease case under the rule of this Law that has received the transfer of the right to use the agricultural land of the household, the individual was not collected by the State of the State for the use of the land to carry out the agricultural production investment project before the day. The law is valid for use of land on the remainder of the project without having to switch to land on the provisions of this law.

5. The Vietnamese settled abroad, the business with foreign investment was paid by the State for land-paid land once for both the lease period to implement a housing construction investment project to sell or to sell the lease before the Law date can be sold. The effect of the practice is to continue to lease land over the remainder of the use of land or transfer to the land that would collect money using the land under the provisions of this law if there is a need.

Chapter VI

SOIL RECOVERY, SOIL REQUIITATION, COMPENSATION, SUPPORT, RESETTLEMENT

Item 1

SOIL RECOVERY, LAND REQUISATION

What? 61. Land capture for defense purposes, security

The state recovered the land for defence purposes, security in the following cases:

1. Make a military place , headquarters.

2. Build a military base;

3. Build a national defense, home and special work on defense, security; and more.

4. Build a station, military port;

5. Building industrial work, science and technology, culture, sports that serve directly to the defense, security; and more.

6. Build a treasure trove of the People ' s Armed Forces;

7. Make the shooting, the sports, the weapons test, the weapons dump;

8. Building the training facility, training center, hospital, the comfort home of the People ' s Armed Forces;

9. Build the civil service of the People ' s Armed Forces;

10. Build a detention facility, educational facility operated by the Ministry of Defense, Ministry of Public Security.

What? 62. Land recovery to develop the economy-society for national interest, public and business.

The state recalers the land to develop the economy-society for national interest, public in the following cases:

1. Make National Important Projects by Congress to invest in investment that must recon the land;

2. Execute the projects approved by the Prime Minister, the investment decision that must recover the land, including:

a) Industrial complex construction project, construction site, high tech sector, economic zone; new urban area, investment project by source of formal development assistance (ODA);

b) The project to build the headquarters of the state agency, political organization, political organization-social organization in the central; the headquarters of the foreign organization has diplomatic function; historical and cultural heritage sites are ranked, parks, squares, etc. Monument, memorial beer, national public career.

c) The project to build a national level of engineering infrastructure including traffic, irrigation, water, drainage, electricity, communications, communications; systems, oil, gas; national storage; collection, storage, waste disposal;

3. Execute the projects approved by the Provincial People ' s Council that must recover the land include:

a) Project building the headquarters of the state agency, political organization, political organization-society; cultural heritage site-culture, scenic spots ranked, parks, squares, monuments, memorial beer, local public career works the way.

b) A project to build a local technical infrastructure structure of transportation, irrigation, water, drainage, electricity, communications, urban lighting; harvest work, waste disposal;

c) A project to build a joint life-life service of the residential community; the resettlement project, housing for students, social housing, public housing; building of the work of the religious establishment; cultural, sports, recreation of public service; market; The cemetery, the cemetery, the funeral home, the cremation house;

d) A project to build new urban areas, new rural settlements; urban makeup, rural residential areas; industrial clusters; manufacturing zones, agricultural processing, forestry, fisheries, seafood focused; project development projects, forestry forest development projects;

The mineral exploitation project is licensed by the competent authorities, except for the case of mineral extraction as conventional construction materials, peat, mineral deposits in areas of scattered minerals, small and mining for mineral deposits.

What? 63. Base recovery base for defense purposes, security; economic development-society for national interest, public health and social media.

The recovery of land for defence purposes, security; economic development-social development for national interest, public must be based on the following bases:

1. The project belongs to the prescribed land recall cases at Article 61 and Article 62 of this Law;

2. The annual land use plan of the district level has been approved by the state agency;

3. Progress on the use of the project land.

What? 64. Land recovery due to violation of land laws

1. The land recall cases due to the violation of the land law include:

a) Use of non-purpose land that has been given by the State of the State, to rent, to recognize the right to use the land and have been fined the administrative violation of the untrue land use behavior that continues to violate;

b) He who uses the earth intentionally destroys the land;

c) The land is delivered, the lease is not correct or not correct jurisdiction;

d) The land was not transferred, given to the provisions of this Law that received the transfer, received it;

Earth to be governed by the state, to be overtaken, to be taken;

e) The land is not transferred to the use of the land under the provisions of this Law which the land uses due to lack of responsibility to be overtaken, seized;

g) People who use land do not perform obligations to the State and have been punished for administrative violations without consent;

h) The annual crop ground is not used for a continuous 12-month period; the perennial crop is not used for the continuous 18-month period; the forested land is not used in the continuous 24-month period;

i) The land is delivered by the State, leased to carry out the investment project that was not used for a continuous 12-month period or a 24-month slow land use of land use compared to the progress of the investment project since the delivery of land on the field to land in use. The case does not take the land into use, the investment holder is renewed for 24 months, and must submit to the State of the Money corresponding to the extent of the land use, the land rent for the slow time of execution of the project during this period; the deadline expires. is the extension that the owner of the investment has not yet brought the land into use, the State revoked the land without compensation of land and property attached to the land, except for the case. It's impossible.

2. The recovery of the land due to the violation of the land law must be based on the text, the decision of the state agency to have the authority to determine the extent of the violation of the land law.

3. The government regulates this.

What? 65. Land recovery due to an end to the use of land under law, voluntarily returning the land, at risk of threatening human life

1. The land recall cases due to an end to the use of land under the law, voluntarily returning the land, are at risk of threatening the human life including:

a) The organization is not collected by the State of the State, which is used by the State of the State to use the land that the money uses the land to be used by the dissolved land budget, the bankruptcy, the bankruptcy, the transfer, the reduction or no use of land; the use of the land. The lease of the state pays land rent annually dissolved, bankrupt, moved elsewhere, reduced or no longer needs to use land;

b) The individual uses dead land without an heir;

) He who uses the land voluntarily returns to the earth.

d) The land was given by the State, for the lease of a time but not renewed;

The land in an area contaminated with an environment is at risk of threatening human life;

e) The land at risk of landslides, subsiduation, is affected by other natural disasters that threaten human life.

2. The recovery of land by regulation at paragraph 1 This must be based on the following bases:

a) The text of the competent authority to resolve has been effective in law on the case of land recall at the point of one Article;

b) The death certificate or the decision to declare a person is dead by the rule of law and the text confirmed that there is no heir to the Committee of the People 's Standing Committee where the person' s permanent residence was killed for the case of a land recall. This is one thing.

c) The text returns the land of the land user to the specified case at the point of paragraph 1 This Article;

d) The decision to lease the land, the decision to lease the land to the specified case at the point of d 1 Article;

The text of the authority has the authority to determine the level of environmental pollution, landslides, subsiduation, which is affected by other natural disasters that threaten human life for the specified case at the point and point of one Article.

3. The government regulates this.

What? 66. Land revoking authority

1. The Provincial People ' s Committee decided to revoking the land in the following cases:

a) A return to the organization, the religious establishment, the Vietnamese residing abroad, the foreign organization that has diplomatic function, the business has foreign investment, except for the stipulation at the point b 2;

b) The recovery of agricultural land in the work of communes of the commune, ward, town.

2. The District People ' s Committee decides to recover the land in the following cases:

a) Recover Land for household, individual, community community;

b) The Vietnamese settlement of overseas settlement was owned in Vietnam.

3. The case in the land recovery area has both a regulatory subject at paragraph 1 and paragraph 2 This is the Provincial People 's Committee decided to revoking the land or authorize the District People' s Committee to decide to recover the land.

What? 67. Notice of land recall and acceptance of the decision to recover land for defense purposes, security; economic development-society for national interest, public health and security.

1. Before the decision to recuperate the land, the delay was 90 days for agricultural land and 180 days for non-agricultural land, the state agency had the authority to announce a land recall for the known earman. The content announcement content includes plans to recover soil, investigate, survey, measure, count.

2. The case of land users in the land recall area agreed to the state agency to have the authority to revoking the land before the statute of limitations on this one Article, the competent People ' s Committee had the authority to decide on the return of the land without having to wait until the expiration of the deadline. The announcement of the earthquake.

3. The person with the land revoked has a responsibility to coordinate with the agency, the organization for compensation, the release of the surface in the course of the investigation, the survey, the measurement, the counting, the construction of the compensation, the support, the resettlement.

4. When the decision to recuperate the land came into effect and the compensation, support, resettlement was granted public approval by the state agency, who had the land revoked to accept the decision to recover the land.

What? 68. The organization is on compensation, the free release; land management has recovered.

1. The Organization for the Compensation Mission, the release of the facet covering the public service organization of the land, the Compensation Council, support and resettlement.

2. The recovered land is delivered for management, using the following regulation:

a) The land that has been revoked by regulation at Article 61 and Article 62 of this Law is assigned to the investment holder for the implementation of the investment project or delivery of the public service on land for management;

b) The land has been revoked as stipulated at 1 Article 64 and the points a, b, c and d 1 Article 65 of this Law are assigned to the public service organization of the land for management, auction of land rights.

The land case recovered by regulation at paragraph 1 Article 64 and the points a, b, c and d 1 Article 65 of this Law are the agricultural land of the household, the individual in the countryside is assigned to the National Committee of Management. This land fund is delivered, leased to the household, the individual without land or the lack of land produced by the rule of law.

3. The government regulates this.

What? 69. The procedure, the procedure to recover the land for defence purposes, security; economic development-society for national interest, public and business.

1. Build and implement the land recovery plan, investigation, survey, measure, count of the prescribed count as follows:

a) The civil rights committee has the authority to revoking the land issued notice of the recovery of the land.

Soil recovery notice is sent to each of the people with a recall land, a popular meeting to people in the area with a return and announcement on popular media, listed at the headquarters of the People's Committee, the common living venue of the neighborhood. The place of the land was recovered.

b) The township People ' s Committee is responsible for coordinating with the organization as a compensation mission, releasing the face by implementing a plan to recover land, investigation, survey, measure, count;

c) The land user has a responsibility to coordinate with the organization as a compensation mission, releasing the face by carrying out the investigation, survey, measurement of land area identification, housing statistics, other property attached to the land to establish compensation, support, recycling, and more. Settle down;

d) The case for people using land in the area with a recall land does not coordinate with the organization as a compensation mission, releasing the surface in investigation, surveing, measuring, counting, the Social People's Committee, the Front Committee of the Vietnam People's Republic of Vietnam. The land recovered and organized as a reparation mission, releasing the face by organizing movement, persuathy to the use of the land.

In the 10-day period since the day of the operation, the persuathy people still do not coordinate with the organization as compensation, free-release, and the Chairman of the Committee of the People's Committee issued a mandatory counting. The person with the land revoked has the responsibility to make the mandatory counting decision. In the absence of a recall land, the Chairman of the Committee of the People's Committee issued a decision to forcibly execute the mandatory counting decision and the organization to exercise under the provisions of Article 70 of this Law.

2. Set up, appraisal of compensation, support, resettlement is regulated as follows:

a) The organization for compensation, the release of the facet, is responsible for the task of compensation, support, resettlement, and coordination with the Social People's Committee, where there is a return to the organization, the organization of the organization, and the organization of the organization. It ' s a direct meeting with people in the region with a recall land, and then publicly listed the compensation, support, resettlement at the headquarters of the People ' s Commission, the common living site of the residential area where the land is recovered.

The organization was intended to be established as the confirmed border of the representative of the People's Committee, which represents the National Front Committee of Vietnam, representing people with the land recovered.

The organization for compensation duties, the release of the face with responsibility for aggregation of written contributions, writing the number of comments agreed, the number of unagreed opinions, the number of other opinions on the compensation method, support, resettlement; in coordination with the Commission. The people of the country where the people of the people who have the land revoked the organization of the dialogue for the case, have the opinion of not agreeing on the compensation, support, resettlement; corrects of the authority of the competent organ;

b) The authority has the authority to determine compensation, support, resettlement before the competent People's Committee has the authority to decide the return of the land.

3. The decision to revoking the land, approval and organization implementing the compensation method, support, resettlement is regulated as follows:

a) The civil rights committee with the authority stipulated at Article 66 of this Law decided to revoking the land, the decision to approve the compensation method, support, resettle in the same day;

b) The organization for compensation duties, the release of the face with the responsibility of coordination with the popular and publicly listed People's Committee of the decision to approve the compensation, support, resettlement at the headquarters of the People's Committee, and the birth site. the general activity of the residential area where the land recovered; submit compensation, support, resettlement to each person with a recovery land, which notes on the extent of compensation, support, home layout or resettlement land (if any), time, place of paid compensation, support; the time of house layup or resettlement land (if any) and the time of the land delivery has been revoked for the organization as compensation duty, free release;

c) The organization performs compensation, support, resettlement layout under the compensation method, support, resettlement of which has been approved;

d) The case for the land of a land recall that did not deliver the land to the organization for compensation, the free release, the People's Committee, the National Front Committee, which had the country to recover, and the organization for reparation, free-to-face liberation. movement, persuaoration to the people with the soil to recover.

The case for people with the land recovered, persuadied but did not accept the land table for the organization as compensation, free liberation, the Chairman of the District People's Committee issued a decision to forcibly recover the land and the organization. Statutory coercation at Article 71 of this Law.

4. The organization for the duty of restitution, the release of the ground responsible for managing the land has been released on the ground.

What? 70. The constraint performs mandatory counting counts.

1. The principle of coerceny execution of the mandatory counting decision:

a) The coercism must proceed openly, democracy, objective, guarantee, safety, the right of law;

b) The timing of forced progress is done in the administrative hours.

2. The enforcement of the enforcement of the mandatory counting decision is made when there are enough of the following conditions:

a) People who have the land recall do not approve the mandatory counting decisions after the People's Committee, the Committee on the Front of the People's Republic of Vietnam, which has the land of recall and organization for reparation, free liberation, and persuathy;

b) The forced implementation of the decision to make the mandatory counting decision was publicly listed at the headquarters of the People's Committee, at the site of the common habitation of the settlement where the land recovered;

c) The coercive decision implementation of the mandatory counting decision has been effective;

d) The forcibly received the coercated decision to take effect.

The forced case of a forced refusal to take a forced decision or absence when forced into a forced decision, the People's Committee of the People's Committee of the People's Committee of Social Affairs.

3. The chairman of the District People's Committee issued a decision to forcibly execute the mandatory counting decision and the organization to make a mandatory decision.

4. The procedure, the procedure implementation of the mandatory mandatory counting decision is as follows:

a) The organization is tasked with carrying out advocacy, persuaitation, dialogue with coercated persons;

b) The case of the coercated decision of the coerceny decision, the organization is committed to the coercensure organization of acceptance of the acceptance of the acceptance and execution of investigation, survey, measure, count.

In the absence of a forced decision, the organization was given the enforcement of the forced execution of a forced decision.

What? 71. The diet makes decisions to recover land

1. The principle of coercuse implementation of the decision to recover the land is made in accordance with the provisions at paragraph 1 Article 70 of this Law.

2. The enforcement of the implementation of the land recovery decision is made when there are enough of the following conditions:

a) People who had the land revoked their decision to recover the land after the People's Committee of the People's Committee, the National Front Committee, which had the country to recover and organize reparation, free movement, and convince;

b) The forced implementation of the decision to make the decision to recover the land was publicly listed at the headquarters of the Social People's Committee, the common living site of the residential area where the land recovered;

c) The coercive decision making the decision to recover the land took effect;

d) The forcibly received the coercated decision making the decision to recover the land in effect.

The forced case of a forced refusal to take a forced decision or absence when forced into a forced decision, the People's Committee of the People's Committee of the People's Committee of Social Affairs.

3. The chairman of the District People's Committee issued a decision making the decision to make the decision to recover the land and the organization to make a decision.

4. The procedure, the procedure for carrying out the recovery of the soil:

a) Before the forced conduct, the Chairman of the District People ' s Committee decided to establish the Compulsory Implementation Board;

b) The ban on coercated movement, persuathy, dialogue with the coercated person; if the person is forced to obey, the Board of Enforcement is forced to compile a memorandum of acceptance. Land delivery is performed at its slog after 30 days from the date of the border.

In the case of the coercated people not to accept the coercve decision, the Board of Coercuse of the Coercve Enforcement Organization;

c) Board of enforcement of coercive coercive coercive rights and those involved must exit the coercive, self-transfer of the property out of the coercive ground; if not implemented, the Board of Enforcement is responsible for the forced relocation. And the man who was involved with the property came out of the duress.

In the case of a forced refusal to receive property, the Executive Board must establish a border, an organization that performs asset preservation in accordance with the rule of law and informs the person with the property to receive the property.

5. The organization ' s responsibility, personally in making the decision to force the recovery of land:

a) The district-level civil rights committee responsible for the organization to carry out the enforcement, settlement of the complaint concerning the coercuse of the law on the complaint; the implementation of the resettlement method before the exercise of coervation; the condition of the condition, a means of necessity for coercuse; and the knowledge of the forced labor of the land;

b) The enforcement of the coercible implementation of the enforcement of the coerentive method and the funding bill for the forced operation of the civil rights committee has the authority to approve; the practice of enforcement under the methodology has been approved; the land desk for the organization makes it possible. The mission of reparation, free-to-face release;

In the case of property, the Board of Directors has to be forced to preserve the property; the cost of preserving that property is due to the owner responsible for payment.

c) The Security Forces are responsible for the protection of order, safe in the process of organizing the decision to enforce the recovery of the land;

d) The Social People ' s Committee where the land of recall has a responsibility to coordinate with the agency, the relevant unit carrying out the delivery, publicly listed the decision to force the recovery of the land; participation in the enforcement; in coordination with the organization of reparation duties. Usually, release the face of the seal, move the asset of the forced recovery of the land;

Organs, organizations, other individuals who are responsible for coordinating with the Enforcement Board perform the forced execution of land recall when the Board of Compulsory Enforcement is required;

6. The government regulates this.

What? 72.

1. The state requiitships the land in the case it is necessary to carry out defense, security or in the state of war, emergency, room, anti-disaster.

2. The decision to display the land must be expressed in writing; the emergency case cannot make a written decision, then the competent person is decided to take the land by word but must write a confirmation of the decision to use the land immediately. at the time of requiriation. The decision to display the land has been in effect since the time of the issue.

At least 48 hours, since the time of the decision to commando the soil by word, the body of the person who decided to take the land by saying is responsible for confirming the use of the land and sending it to the land of use.

3. Minister of Defense, Minister of Public Security, Minister of Transport, Minister of Agriculture and Rural Development, Minister of Health, Minister of Commerce, Minister of Natural Resources and Environment, Chairman of the Provincial People ' s Commission, President of the Ministry of Health and Minister of Health. The Committee of the District People's Committee has the authority to decide on the ground, the decision to renew the land. The person with the authority to display the land is not devolve jurisdiction to others.

4. The soil application deadline is no more than 30 days since the requiitation decision took effect. In the case of war, the state of emergency is due to be taken from the date of the decision to no more than 30 days from the date of the abolition of war, the state of emergency.

The case of expiration of the land requiitation for which the purpose of the uncompleted requiitation is extended but no more than 30 days. The decision to renew the land requiitation must be expressed in writing and sent to the land-based people before the end of the application deadline.

5. The person with the property must accept the requiitation decision. The case for the decision to take the land was made in accordance with the rules of law that the landowner did not approve, the decision of the decision to take the land to decide whether to enforce the enforcement of the law and the organization to enforce it or give it to him. The Committee of the Provincial People's Committee, the district where the land is used for enforcement of the enforcement of the organization.

6. The person with the authority to commando the land is responsible for the delivery of the organization, the individual manager, the use of land on purpose, effective; the return of land at the end of the application; damages caused by the requiemation of the land.

7. The compensation of the damage caused by the use of the soil is carried out by the following regulation:

a) People with land requius damages in the event of a destroyed property; in case the land of a land requiitation of income is damaged by the use of the land directly;

b) The case of requisiation is ruined, the compensation is made by money in the price of transfer of land on the market at the time of payment;

c) The case of land-based people suffered from the income caused by direct land requiitation, the compensation level is determined based on the extent of actual income losses since the date of the requiitation date to the date of the property being recorded. in the decision to return the property.

The extent of actual income losses must be consistent with the land-based income brought in normal conditions before the time of the land requiitation;

d) Chairman of the Provincial People ' s Committee, the district where the land requiitally established the Council to determine the extent of damages caused by the execution of the land on the basis of the land use of the land and the local records. Based on the damage compensation level by the Council, the Chairman of the Provincial People's Committee, the district decides to pay compensation.

Money damages caused by the use of the land is paid once, directly to the person with land on the ground for no more than 30 days, since the date of the return of the land.

8. The government regulates this.

What? 73. Use of land through the form of transfer receiving, lease rights to land, capital recognition by land use for manufacturing, business and business.

1. The use of the land to implement the project, the production process, the business that is not in the case of the Land revoking State in Article 61 and Article 62 of this Law that is consistent with the planning, land use plan has been approved by the state authority. The employer receives the use of the land, and receives the use of the land by law.

2. The state has a policy of encouraging the lease of land use, which receives capital by the use of the land of the economic organization, households, individuals to implement the project, the manufacturing process, the business.

3. The government regulates this.

Item 2

SOIL COMPENSATION, SUPPORT AND RESETTLEMENT

What? 74. The principle of soil compensation when the State revoked the land

1. The person who uses the land when the State revoked the land if the eligible compensation stipulated at Article 75 of this Law is compensated.

2. The compensation made by the delivery of the land has the same purpose used with the type of land recovered, if no land for compensation is compensated by the specific land price of the recovered land by the Provincial People ' s Commission decided at the time. decided to recover the land.

3. The compensation when the State of the State recalers the land must guarantee democracy, objective, fair, public, timely and correct regulation of the law.

What? 75. The condition is compensated for soil when the State returns land for defense purposes, security; economic development-society for national interest, public health and security.

1. Household, the individual who is using land is not an annual rent-paid land, has a land-use certificate, a certificate of ownership of housing and the right to use land in, the Certificate of Use of the Land, Property Rights, and Property Rights. Others attached to the land (later known as certificates) or qualified to be granted a Certificate of Use of the land, property rights in and other property attached to the land under the provisions of this law that have not been granted, except for the specified case. Paragraph 2 Article 77 of this law; the Vietnamese residing abroad of the subject are owned by housing attached to the right to use land in Vietnam. The certificate is or is eligible for the use of soil use, property rights, and other property associated with the land under the provisions of the Law which has not been granted.

2. The residential community, religious base, religion is using land that is not land due to the State of the State, for rent and has a Certificate of Certification or is eligible to be granted a Certificate of Use of the land, property rights in and other property attached to the land. according to the rules of this law that is not granted.

3. The Vietnamese who settled abroad were used by the State of the State to collect land money, lease land to pay land rent once for a whole time of lease; receive transfer of land rights in the industrial zone, industrial cluster, manufacturing zone, technology sector. High, the economic zone, which has a certificate or has sufficient conditions granted the right to the right to use land, property rights, and other property attached to the land as defined by this law, which has not been granted.

4. The organization was used by the State to collect land use, lease land to pay land rent once for a whole time of lease; the inheritance of the right to use the land, the transfer of land rights to land where the money used the land was submitted, the transfer notice paid off. has a source from the state budget, which has a Certificate of Certificate or is eligible to be granted a Certificate of Use of the Land, Property Rights, and other property attached to the land as defined by the Law, which has not been granted.

5. The foreign organization whose diplomatic function is paid by the State for land-paid land once for both the lease period and has a Certificate of Identification Or Having Sufficient Access To The Land certification, property rights in and other property attached to the land. according to the rules of this law that is not granted.

6. Economic Organization, Vietnamese residing abroad, businesses with foreign investment capital of the land delivered by the State of the Land are used by money to make use of the land to sell or sell the lease; lease land to rent land once a year. for both the lease period, which has a Certificate of Certificate or to have sufficient Certificate of Certificate of Land, Property Rights, and other property attached to the land as defined by the Law, which has not been granted.

What? 76. The compensation costs the investment in the remaining land when the State returns the land for defense purposes, security; economic development-society for national interest, public, and business.

1. The cases are not compensated for the land but are compensated for the cost of investing in the remaining land when the State of the State recoil includes:

a) The land was taken by the state without the use of the land, except for the case of agricultural land being given to the household by the state, the individual stipulated at 1 Article 54 of this Law;

b) The land was given to the institution of the institution of the institution, which had the use of the land, but was exempt from the use of the land;

c) The land is leased by the State for rent annually; the land hires land rent once for a whole time of lease but is exempt from the lease of the land, except for a family-owned case, the individual uses the lease land due to the policy implementation of the public. the network;

d) The agricultural land of the communal lands of the commune, the ward, the town;

The land of the stock is for agricultural production, aquacowork, and salt.

2. The government regulates this.

What? 77. Land compensation, the cost of investing in the remaining land as the State revoked the household ' s agricultural land, the individual said.

1. Household, the individual is using agricultural land when the State of the State recalers the land, which is compensated for the land, the cost of investing in the remaining land following the following regulation:

a) The area of agricultural land is compensated including an area in accordance with regulations at Article 129, Article 130 of this Law and the land area due to its inheritance;

b) For the agricultural land that exceeds the provisions of Article 129 of this Law, it is not compensated for the land but is compensated for the expense of the rest of the land;

c) For agricultural land areas due to the transfer of power to land exceeding the prior degree of law is enforced, the compensation, the support being made by the Government's provisions.

2. For agricultural land used before July 1, 2004 where land users were household households, individuals directly producing agriculture but no certificates or ineligible to be granted a Certificate of Use of the Land, Property Rights, and Department of Rights. Other housing and property attached to the land as defined by this law are compensated for the actual land area in use, which is compensated not to exceed the level of agricultural land regulations provided at Article 129 of this Law.

What? 78. Land compensation, the cost of investing in the remaining land as the State revoked the agricultural land of the economic organization, organizing a career of financial autonomy, the residential community, the religious base of the country.

1. The economic organization is using agricultural land that is used by the State of the State to use land, lease land to pay land rent once for a whole time of lease, receiving transfer of land use when the State revoked the land, if sufficient conditions were compensated. Normally specified in Article 75 of this Law is compensated for the land; the extent of land reparation is determined by the time of the rest of the land.

2. Economic Organization, the financial autonomy organization that is using agricultural land to be hired by the State for land rent annually when the State recalers land is not compensated for land but is compensated for the cost of investing in the remaining land. if the cost is not derived from the state budget.

The land of agricultural land is not a common forest, the land of the hedge, the productive forest is the natural forest of the economic organization that has traded for the household, personally by the rule of law when the State of the State recituate the land, the individual receives it. The stock is not compensated for the land but is compensated for the cost of investing in the rest of the country.

3. The residential community, the religious base that is using agricultural land when the State of the State revoked the land under which it was eligible to be compensated at Article 75 of the Law, was compensated on land by the Government's provisions.

What? 79. The compensation for soil when the State recovered land in

1. Household, individuals who are using land, Vietnamese settlers residing abroad are in possession of the housing attached to the right to use land in Vietnam that is eligible to be compensated at Article 75 of this Law when the State Recovered Land Is Compensated. as follows:

a) The case is no longer available in the land, nor to the other in the land of the commune, the ward, the town where the land of the return is made up of the land of the house, or the housing; where there is no need for restitution of the land or the housing, the State compensated with money;

b) The case in which the land is in, the housing in the commune, the ward, the town where the land is recovered is compensated with money. For local conditions, the land fund is considered for soil compensation.

2. Household, personally when the State recituate of the land attached to the housing must move the accommodation without sufficient compensation for the land in, if no other accommodation is sold by the State, for rent, for rent or land-based purchases. Earth.

3. Economic Organization, Vietnamese residing abroad, the business with foreign investment is using the land to carry out the housing construction project when the State returns the land, if there is sufficient compensation stipulated at Article 75 of this Law that is compensated by the government. I don't know.

4. The government regulates this.

What? 80. Land compensation, the cost of investing in the remaining land as the State revoked non-farm land is not the home of the household, personally.

1. Household, individuals who are using non-agricultural land are not land when the State revoked the land, if there is sufficient compensation stipulated at Article 75 of this Law that is compensated by land that has the same purpose; the absence of land for use. Compensation is usually compensated with money by the time the rest of the land is spent on land use.

2. Household, the individual who is using non-agricultural land is not a land in the state for rent land rent annually; rent land pay land once for a whole time of lease but is exempt from land rent, when the State returns the land. is not compensated for the land but is compensated for the cost of investing in the rest of the country, except for the case of a family, the individual who uses the land due to making policy on the public with the revolution.

3. The government regulates this.

What? 81. Land compensation, the cost of investing in the remaining land as the State revoking non-agricultural land is not the land of the economic organization, organizing a career of financial autonomy, residential communities, religious grounds, creed, Vietnamese settlers residing in the United States. Abroad, foreign organizations have diplomatic functions, businesses that have foreign investment in the country.

1. Economic Organization, Vietnamese residing abroad who is using non-agricultural land is not land in, cemetery land, graveyard, when the State revoked the land, if there is sufficient condition to be compensated at Article 75 of this Law is compensated. The land has the same purpose; the absence of land for reparation is compensated with money over the rest of the land.

2. The economic organization is using the land to be used by the State to make cemetery, the graveyard stipulated at paragraph 4 Article 55 of this Law; the joint venture business using non-agricultural land is not the land at the expense of capital use of land. Article 184 of the Law, when the State recovert the land, is compensated on land by government regulation.

3. Economic Organization, the financial institution of financial autonomy, Vietnamese residing abroad, foreign organizations with diplomatic function, foreign investment enterprises are using non-agricultural land leased by the State for land-paid land. lease land once for a whole time of lease, when the State recalers the land if the eligible compensation stipulated at Article 75 of this Law is compensated for the land by the time of the use of the remaining land.

4. Economic Organization, the organization of its financial autonomy, the Vietnamese residing abroad, foreign organizations with diplomatic function, the foreign investment business is using non-agricultural land leased by the State for land-paid land. It ' s an annual lease, when the state recalers the land, it ' s compensated for the cost of investing in the rest of the country.

5. The residential community, religious base, religion is using non-agricultural land, when the State recovert the land that is eligible to be compensated at Article 75 of this Law is compensated on the soil by Government regulation.

What? 82. The case of state recovery state is not compensated for land

The state recovered land not compensated for land in the following cases:

1. The prescribed cases at 1 Article 76 of this Law;

2. The land is administered by the State;

3. Land recall in prescribed cases at Article 64 and points a, b, c and d 1 Article 65 of this Law;

4. The case is not eligible for the use of land use, property rights, and other property associated with the land under the provisions of this Law, except for the specified case in paragraph 2 Article 77 of this Law.

What? 83. Support when the State revoked the land

1. The principle of support when the State recalers land:

a) The people who use the land when the State of the State recituate the land beyond being compensated under the provisions of this Law are also reviewed by the State;

b) The support must ensure the objective, fair, timely, public and correct regulation of the law.

2. Assistance when the State Procurement of the land includes:

a) Life and production stability;

b) Support for training, conversion and job search for the case of the recovery of the agricultural land of the household, the individual directly producing agriculture; the recovery of the land in the combined household service business, the individual to which to move the accommodation;

c) Support for resettlement to the case of the housing recovery of households, individuals, Vietnamese settlers residing abroad that must move accommodation;

d) Other support.

3. The government regulates this.

What? 84. Support for training, vocational conversion, job search for household, individual when the State recalers the land.

1. Household, individuals directly producing agriculture, when the State recituate agricultural land without agricultural land to compensate, in addition to being compensated with money also supported training, vocational conversion, job search.

Where the person who is assisted in vocational conversion training, employment in employment age has a need for vocational training, is admitted to vocational training facilities; assisted in job search and employment, credit capital loans, to develop production, Business.

2. For households, individuals who use land at the combination of the service business where the main source of income is from service business, when the State recituate the land that must move its accommodation is preferable credit credit for development of manufacturing, business; The people who have land in their labor age have been trained for training, job transfers, jobs.

3. Based on the district 's annual use of the district, the Provincial People' s Committee, the District People ' s Committee is responsible for organizing and implementing the training, vocational conversion, job support for people with a recovery land as agricultural land. In business, the land is in the business of business. The training, conversion method, job-seeking assistance is set up and approved simultaneously with compensation, support, resettlement.

In the process of creating training, conversion, employment assistance, the Provincial People's Committee, the District People's Committee must hold the initiative and take responsibility for the return, the user's opinion process.

What? 85. Set up and implement the resettlement project

1. The Provincial People 's Committee, the District People' s Committee, is responsible for organizing and implementing the resettlement project before the recovery of the land.

2. The centrally resettlement area must build a synchrony infrastructure, standard guarantee, construction process, in accordance with the conditions, customs, divisions of each region, domain.

3. The recovery of the soil is made only after the completion of the housing construction or infrastructure of the resettlement area.

4. The government regulates this.

What? 86. Resettlement layout for people with land at the recovery that must move accommodation

1. The organization as a compensation mission, the release of the face by the Provincial People 's Committee, the District People' s Committee tasked with resettlement resettlement must inform the person whose land at the recovery of the subject must move the accommodation on the project of the layout. Settlement and public listing is at least 15 days at the headquarters of the People's Committee, the common living venue of the residential area where the land is recovered and where the state office is resettling before the state agency has jurisdiction over the resettlement layout.

The announcement includes the venue, land fund scale, resettlement fund, design, land area area, apartment, land price, resettlement price; the deployment of resettlement projects for people with the land recovered.

2. The land-based population is resettling in place if the land recovery area has a resettlement project or has a resettlement layout. The priority position for the person with the land recovered soon, the person with the land recovered is the one with the revolution.

The approved resettlement layout project must be published publicly at the headquarters of the People's Committee, the common living venue of the residential area where the land is recovered and at the resettlement.

3. The specific land price that collects land use at the resettlement site, the home sale price in resettlement is decided by the Provincial People ' s Commission.

4. The case of a resettlement of the resettlement layout that the money compensated, the support is not enough to buy a minimum resettlement, the State supports enough money to buy a minimum resettlement.

The government regulates the minimum resettlement yield accordingly with regional, regional and local conditions.

What? 87. Injury, support, resettlement of special cases and special circumstances.

1. For the investment project led by Congress to invest in investment, the Prime Minister approx the investment that must move both the residential community, which affects the entire life, economy-society, the cultural tradition of the community, the projects, and the economy. In the central city, the Prime Minister decided to frame the policy of reparation, support, resettlement.

2. For the project to use the borrower of international organizations, the foreign country that the State of Vietnam has a commitment to the compensation policy framework, support, resettlement, implementation of that policy framework.

3. For the case of regulatory recall at the point and point of E 1 Article 65 of this Law the person with the return land is compensated, supported, resettling to stabilize the life, production under the Government ' s regulations.

Section 3

COMPENSATION DAMAGES PROPERTY, IN TERMS OF MANUFACTURING, BUSINESS

What? 88. The principle of compensation damages property, cessation of production, business as the State recalers land

1. When the State recuperated the land where the owner of the legal property attached to the land suffered from property damage is compensated.

2. When the State recalers the land in which the organization, households, individuals, Vietnamese people settle abroad, the business with foreign investment must cease production, the business that has damage is compensated for damages.

What? 89. The compensation damages home, construction works on land as the State recitues land

1. For the housing, the work serves to be associated with the land of the household, the individual, the Vietnamese residing abroad when the State recalculated the land must remove the whole or part of which the rest does not guarantee the standard of technical standards. The law, the owner of the housing, is compensated with the new building value of housing, which has the same standard of engineering standards.

In the case of the rest of the housing, the process of ensuring the standard of law by law, compensated for actual damages.

2. For the house, the other construction site attached to the land is not in the prescribed case at paragraph 1 This, when the State revoked the land that was completely dismantled or partly that the rest did not guarantee the standard of technical standards under the rule of law. It ' s compensated by government regulations.

3. For engineering infrastructure, social infrastructure attached to land is using no specified case at paragraph 1 and paragraph 2 This is the compensation level by the new building value of the same technical standard. The rules of the law.

What? 90. Compensation for crops, pets

1. When the State recuperated the land that caused the damage to crops, the compensation carried out by the following regulation:

a) For the annual tree, the compensation level is calculated by the yield value of the harvest. The yield value of the harvest was calculated according to the productivity of the highest case in the previous 03 years of the local main crop and the average price at the time of the soil recovery;

b) For perennial plants, the compensation level is calculated by the existing value of the locally priced tree garden at the time of the land recovery that does not include the value of land use;

c) For unharvested crops but can move to another site it is compensated for the cost of moving and actual damage caused by the movement, which must be replanted;

d) For the forest planted by state budget capital, natural forest crops for the organization, household, fish farming, management, care, protection, compensation in the value of the actual damage of the orchard; the compensation is divided among others. management, care, protection under the laws of protection and forest development.

2. When the State recuperated the land that caused the damage to livestock, the compensation is done by the following regulation:

a) For livestock that are the fisheries that at the time of the soil recovery have come to the time of harvest, it is not a compensation;

b) For livestock is the fisheries that at the time of the harvesting of the land not yet to the harvest period, it is compensated for actual damage due to early harvest; the case may be moved, and it is compensated for the cost of moving and damage caused by the movement; specific compensation provided by the Provincial People's Committee.

What? 91. The compensation costs travel when the State recits land

1. When the State of the State recovered the land that had to move the property, the State compensated the cost of dismantling, moving, installed; the case had to move the machinery system, the production line was also compensated for damage when dismantled, transported, installed. Set.

2. The Provincial People's Committee provides compensation at 1 Article.

What? 92. The case of state recovery state is not compensated for the property attached to the land

1. Property attached to the soil belongs to one of the specified land recovery cases at points a, b, d, e, e, i paragraph 1 Article 64 and point b, d paragraph 1 Article 65 of this Law.

2. The property attached to the land was created against the rule of law or created since after the announcement of the land of the state authority of the state authority.

3. Technical infrastructure, social infrastructure and other construction work are no longer in use.

What? 93. Pay compensation, support, resettlement

1. In the 30-day period since the date of the decision to recover the land of the state agency with the authority to take effect, the agency, the organization responsible for compensation must pay compensation, support the person with the return land.

2. The agency case, the organization with responsibility for restitution of the pay is when payment of the compensation, support for the person with the return land, in addition to compensation, in support of the compensation, support, resettlement, and approval of the approved authority. People with land recall are paid an extra amount of money by the amount of money that proceeds by the rules of the Tax Management Act on the amount of money that is slow to pay and the time is slow to pay.

3. The case of people with the land revoked does not receive compensation, supported by compensation, support, resettlement issued with approved authority, the compensation, the support being sent to the state treasury ' s temporary account.

4. The land use is compensated when the State recalers the land without performing a financial obligation on the land for the state under the rule of law then minus the amount of money that has not yet performed the financial obligation on the amount compensated for reimbursable. State budget.

5. The government regulates this.

What? 94. The damage to the land in the hallway is safe when construction of the building has a safe protection corridor.

When the State built public works, defense, security had safe safeguards without collecting land within the safety corridors, land users were compensated for damages due to the possibility of land use, property damage, and property damage. It ' s on the government ' s regulations.

Chapter VII.

REGISTRATION OF THE LAND, THE LICENSE LEVEL CERTIFICATION FOR LAND USE, PROPERTY RIGHTS IN AND OTHER PROPERTY ATTACHED TO THE LAND.

Item 1

LAND REGISTRATION, HOUSING AND OTHER PROPERTY ATTACHED TO THE LAND.

What? 95. Land registration, housing and other property attached to the land.

1. Land registration is mandatory for land users and people who are assigned land to manage; register property ownership in and other property attached to the land made at the request of the owner.

2. Register for land, housing and other property attached to the land including the first registration and registration of the volatility, made at the land registry organization of the land governing body, by the form of registration on paper or electronic registration and has legal value as a result of the registration. Each other

3. First registration is made in the following cases:

a) Parcel of land is delivered, rented for use;

b) The land is in use without registering;

c) Thopping land delivered for management without registering;

d) Housing and other property associated with unregistered land.

4. The variable registration is made to the case that has been granted the certificate or has registered for the following change:

a) The person using the land, the owner of the property attached to the land that imples conversion, transfer, lease, lease, inheritance, to the right to use land, property attached to the land; mortgage, capital by land use, property attached to the land. the land;

b) The person who uses the land, the owner of the property attached to the land is allowed to rename;

c) There is a change in shape, size, area, number, land address;

d) There is a change in property attached to the land than the registered content;

The purpose of the use of the earth;

e) There is a term change of land use;

) Move from the form of State to lease the land rent annually to the form of rent land once for a whole time of rent; from the form of the State of the Land not to collect money from land to land lease; from land to land to land. The money uses land as defined by this law.

h) Transfer the use of the land, the ownership of the housing and other property attached to the land of the wife or of the husband to the use of the common land, the ownership of the common property of the wife and the husband;

i) Divide the use of land use, property rights in and other property attached to the organization's land or the household or of the wife and spouse or of the common land-use group, the group that owns the common property attached to the land;

) Changing the rights to land use, property ownership is tied to the land under the resulting reconciliation of the land dispute granted by the Civil Rights Committee; the agreement in the mortgage contract to handle the debt; the decision of the state agency to be granted. the jurisdiction over the settlement of the land dispute, the complaint, denouncing the land, the decision or conviction of the People ' s Court, the decision to contest the execution of the execution body; the text recognizes the auction of the right to use the land in accordance with France. the law;

l) Verification, change or end of the right to use of adjacent land;

m) There is a change in the rights restrictions of land users.

5. The land user, property owner attached to the land that prescribes registration is inscribed on the Department of the Main Department, granted the Land Use Certificate of Land, property rights in and other property attached to the land if there is a need and is eligible under the rules. This law and other regulation of the law are relevant; the case of a land-change registration case the land user is granted a Certificate of Use of the Land, Property Rights, and Other Property attached to the land or certificate of volatility into the Certificate. Got it.

The first registration case that was not eligible for land use certificates, ownership of housing and other property attached to the land, who was using land temporarily used land until the State had a decision to handle on its own rules. The government.

6. The variable registration cases stipulate at points a, b, h, i, k and l paragraph 4 This is in no more than 30 days, since the date is variable, the land user must carry out the variable registration procedure; the case inherits the right to use the land. So the registration deadline is calculated from the date of the end of the right to use the land as inheritance.

7. The registration of land, property attached to the land has been in effect since the time of registration into the National Register.

What? 96.

1. The main site includes paper-form documents or figures that show detailed information about each land, land-controlled property, land-based property owner, property owner attached to the land, rights and changes to land use, property rights, and property rights. Attached to the soil.

2. Secretary of the Ministry of Natural Resources and Environment of the Environment and Regulations on the Main and Legislative Profile, Management, Management of the Main Profile; the route of the transfer of the document format to the local state profile.

Item 2

LEVEL OF CERTIFICATE OF LAND USE, PROPERTY RIGHTS IN AND OTHER PROPERTY ATTACHED TO THE LAND.

What? 97. Certificate of soil use, property rights in and other property attached to the country.

1. Certificate of land use, property rights, and other property attached to the land granted to the right to use the land, property rights, and property rights are tied to the land according to a single type of uniform in the country.

The Minister of Natural Resources and Environment specifically on the Certificate of Use of the Land, Property Rights, and Other Property attached to the land.

2. Certificate of rights to land use, Certificate of Household Ownership and the Right to Use the Land, Certificate of Home Property Rights, Certificate of Ownership Building has been granted in accordance with the law of the land, the law of housing, The legislation on construction before December 10, 2009 was still legally valid and did not have to be changed to the Land Use Certificate, property rights in and other property attached to the land; the case of the person who was granted the certificate prior to 10 December 2009. In 2009 there was a need for a trade that was changed to the Land Use Certificate, the ownership of housing and other property associated with the land under its own rules. This law.

What? 98. The principle of the Certificate of Certificate of Land Use, property rights in and other property attached to the land

1. Certificate of soil use, property rights, and other property attached to the soil is issued according to land. The use of land use is used by the use of land-based agricultural land in the same township, the town, which requires a certificate of rights to the land, property rights and property rights associated with the land.

2. Thuy land has many common people to use land, many people who own the same housing, other property attached to the land, the Certificate of Use of the Land, Property Rights, and other property attached to the land must fully write the names of those with the same rights. using land, holders of common housing, other property attached to the soil and granting each of the 1 Certificate of certification; the case of the owners, the owner required, the general level of a certificate, and giving it to the agent.

3. Land users, housing owners, other property attached to the land received a Certificate of Use of the Land, Property Rights, and other property attached to the land after the completion of the financial obligations under the rule of law.

Where land users, housing owners, other property attached to the non-subject land must perform financial obligations or are exempt, which is enthused in financial obligations and the land lease case that pays the land rent annually is received. recognize the right to use the land, property rights, and other property attached to the land immediately after the agency has jurisdiction.

4. Cases of land use or land use, property rights in and other property attached to the land or property ownership in and the other property attached to the land is the common property of the wife and husband who must record them, the wife ' s name and surname, husband to Paper. The rights to the land, property rights, and property are associated with the land, except where the wife and husband have an agreement to name one.

Where the right to use the land or the right to use land, property rights in and other property attached to the land or property ownership in and the other property attached to the land is the common property of the wife and husband that the Certificate has issued only to them, the name of the wife or husband. It was granted to the Certificate of Use of the Land, the ownership of the housing and property associated with the land to record them, the name of the wife and the surname, the name of the husband if required.

5. The case has the difference of area between actual measurements with the number of records on the prescribed paper at Article 100 of this Law or the Certificate of Certification that the landline boundary is using does not change compared to the land boundary at the time possible. Permits for land use, no dispute with adjacent land use, when granting or granting a license to obtain land use, property rights, and other property associated with land land area identified according to actual measurements. People using land do not have to pay land use for more than if they are.

It ' s the case that the boundary was changed from the land boundary at the time of the land and land use of land, and the land area of the land, and the area of the land, and the area of the land, and the area of the land, and the area of the land. more (if any) is considered to issue a Certificate of Land, property rights, and other property associated with the prescribed land at Article 99 of this Law.

What? 99. The case of land use is granted the right to use land, property rights in and other property attached to the land.

1. State-level state certificates of land use, home ownership and other property attached to the land for the following cases:

a) The person who is using the land is eligible for a Certificate of Use of the land, property rights in and other property attached to the land by regulation at the provisions of 100, 101, and 102 of this Law;

b) He was given a land by the State of the land, to lease the land after the day of the Law to be taken into effect;

c) The transferable, transferable recipient, inherited, received for the right to use the land, to receive capital by the use of the land; the recipient of the right to use the land upon the treatment of the mortgage by the use of the land to recover debt;

d) The person who was used the land under the reconciliation results of the land dispute; according to the verdict or decision of the People ' s Court, the decision to enforce the execution of the law enforcement agency or the decision to resolve the dispute, the complaint, denouncing the grounds of the body. The state of the state has the authority to be executed;

He was able to use the power of the land.

e) Land users in the industrial zone, industrial cluster, manufacturing sector, high tech sector, economic zone; and

g) buyer of the house, another property attached to the land;

He was made by the State of the Kingdom, and the price of the house was bound with the land; and he bought the house in the possession of the state;

i) The use of the land of separation, cooperation; the group of people who use the land or household members, the two spouses, the organization using separable land, to unite the right to use the existing land;

l) The use of the land offer to change or grant the Certificate of Receiving Loss.

2. The government regulates this.

What? 100. Grant Certificate of Land Use Rights, property rights in and other property attached to the land for household, individual, residential communities are using the land with paper on land use of the land.

1. Household, the individual who is using stable land that has one of the following types of papers is granted the right to use the land, property ownership, and other property attached to the land and not to pay for land use:

a) The rights to the right to use the land before October 15, 1993, were granted by the competent authorities during the implementation of the land policy of the Democratic Republic of Vietnam, the Provisional Government of the Republic of Vietnam and the State of the Republic of Vietnam. The Socialist Republic of Vietnam.

b) The certificate of use of land temporarily granted by the state authority is granted or named in the Land Register, the Main Register before October 15, 1993;

c) The legal document of inheritance, to the right to use land or property attached to the land; the paper of the house of love, and of the house of love, and of the land;

d) The license to transfer the rights to land, purchase of residential housing attached to the land before October 15, 1993, was confirmed by the People's Committee on 15 October 1993.

The bill of justice, the price of the housing, is tied to the land; and the purchase of the house in the possession of the state according to the law.

e) Paper on the right to use the land due to the jurisdiction of the former regime granted to the use of the land;

g) Other types of papers were established before October 15, 1993 under the government regulation.

2. Household, the individual who is using the land has one of the types of paper prescribed at this one Article on which paper notes the other person, accompanied by papers on the transfer of the right to the signed land of the relevant parties, but before this Law Day. There is an enforced force that has not performed the right to transfer the right to land by law and that land without a dispute is granted the right to the right to use land, property rights, property rights, and property rights associated with the land and not to pay for the use of the land. The land.

3. Household, personal use of the land under the sentence or decision of the People 's Court, which decides to enforce the execution of the law enforcement agency, the text recognizes the resulting reconciliation, the decision to resolve the dispute, the complaint, denouncing the agency' s land. State authorities have been enforced, issued certificates of use of land, property rights, and other property associated with the land; the case has not performed the financial obligations under the law.

4. Household, the individual who is using the land delivered by the State of the State, leased the land from 15 October 1993 to the date of the law effective without being granted a Certificate of Certificate, issued a Certificate of Use of the Land, Property Rights, and property. Other products are tied to the land; the case is not implemented by law, and it has to be done by law.

5. The residential community is using land whose work is suspension, temple, shrine, am, from the road, their church; the agricultural land stipulated at paragraph 3 Article 131 of this Law and that land is not disputed, granted by the People ' s Commission, where the land is confirmed as a common land. for the community is granted the right to the right to use the land, the ownership of the housing and other property associated with the land.

What? 101. Grant Certificate of Land Use, property rights in and other property attached to the land for the household, the individual is using the land without a license on the right to use the land.

1. Housekeeping, the individual who is using the land before this Law Day comes into effect without the prescribed papers at Article 100 of this Law, which has a local permanent residence and directly producing agricultural, forestry, aquacal farming, salting and salt. There ' s a very difficult economic-social zone, a very difficult socioeconomic zone, and it ' s been confirmed by the People ' s Commission, where the soil is confirmed to have used a stable, undisputed land that is granted the right to the right to use the land. the ownership of housing and other property is associated with the land and not for the use of land use.

2. Household, the individual who is using the land without the provisions stipulated at Article 100 of this Law but the land was in stable use since July 1, 2004 and not to violate the land law, now confirmed by the People ' s Commission as the country. no dispute, in accordance with land use planning, urban building details planning, rural population point construction planning has been approved by the state authority over the planned site for which the planning is issued. land, property rights in and other property attached to the land.

3. The government regulates this.

What? 102. Grant Certificate of Land Use, property rights in and other property attached to the land for the organization, the religious basis is using the land.

1. The organization is using land issued certification certification for land use, property rights in and other property associated with land for the right purpose of land use.

2. The land area that the organization is using but is not granted a Certificate of Use of the Land, the ownership of the housing and other property attached to the land is resolved as follows:

a) The state that recuperated an unusable land area, used not on purpose, to lend, to rent the fruit of the law, the land of the land to be overwhelmed, to be taken;

b) The organization must hand over the area that used to make land in the District People's Committee to administer it; the land case in accordance with the planning of land use has been approved by the state agency, and the use of the land is issued. the use of land, property rights in and other property is associated with the land; the case of state-owned enterprises producing agriculture, forestry, aquacowork, and salt that has been used by the State of the State for the household, the individual who uses a portion of the land. The land fund, which was before July 1, 2004, was planning to resettle the land in the residential area of the Provincial People's Committee. The land approx before handing over to the local administration.

3. For the organization that is using the land under the state lease of the land for regulation at Article 56 of this Law, the provincial land management agency does the procedure to sign the land lease before granting its license to the land, ownership of housing, and property rights. It ' s different from land.

4. The religious basis is using the land that is granted the right to use the land, property ownership, and other property attached to the land when there is sufficient following conditions:

a) The state allows it to operate;

b) There is no dispute;

c) It is not a transfer recipient, receiving it on July 1, 2004.

5. The government regulates this.

What? 103. Identify the land area to the case with the garden, pond

1. The garden, the pond of the household, the individual identified as the land in the same parcel of land is having housing.

2. For the case of the land in the garden, the pond was formed before December 18, 1980, and the person who is using one of the licorals of regulatory land rights at 1, 2 and 3 Articles 100 of this Law the land area is identified. According to the papers.

The case in the oral rights of the use of the land stipulated at 1, 2 and 3 Article 100 of the Law has not yet specified the land area where the land area is recognized not to pay for the use of the land specified by no more than 05 times the limit. The land at the expense of 2 Articles 143 and paragraph 4 Article 144 of this Law.

3. For the case of the land in the garden, the pond was formed from December 18, 1980 to before July 1, 2004 and the person who was using one of the papers on the rights to use the land stipulated at Article 100 of this Law which in that paper. Well, the land area is clear, and the land area is determined by that paper.

4. For the case of the land in the garden, the pond was formed from December 18, 1980 to before July 1, 2004 and the person who was using one of the papers on the right to use the land stipulated at Article 100 of this Law which in that paper. does not specify the area of the land where the land area is defined as follows:

a) The local People ' s Committee is based on conditions, locally-based practices that limit the level of recognition of land to each household suitable for local volume in the number of employees in the household;

b) The case of land-based land area is greater than that of local land recognition, the land area is determined by the degree of local land recognition;

c) The case of a smaller land area than the local land recognition, the land area is defined as the entire land area.

5. For the absence of a permit for the use of the prescribed land at Article 100 of this Law that the land has been using stable since October 15, 1993, the land area is determined by the stipulation rate at paragraph 4; the land case has been used. As of 15 October 1993, the land area is defined by the land level at the intersection of each household, the individual stipulated at 2 Articles 143 and paragraph 4 Article 144 of this Law.

6. The area of the garden, the remaining pond after determining the land area as specified in the 2, 3, 4, and 5 terms of this Article is determined to be used for the purposes of the status quo as prescribed at 1 Article 10 of the Law.

7. The government regulates this.

What? 104. Grant certificate to property attached to the land

1. The property attached to the land is granted the use of land use, housing ownership and other property attached to the land including housing, other construction works, forest producing forests and perennial plants at the time of the Certificate of History. the land, ownership of the housing and other property attached to the land.

2. The granting of the license to the use of the land, ownership of the housing and other property associated with the land for property attached to the land made by the Government.

What? 105. The authority granted the right to use the land, property rights in and other property attached to the land.

1. The Provincial Committee of the People's Department issued a Certificate of Land Use, property rights, and other property associated with the land for the organization, religious basis; Vietnamese settlement abroad, the business with foreign investment implementation of the investment project; the organization. Foreign has diplomatic function.

The Provincial People's Committee is authorized for the agency and the environment to the same level of certification for the use of land, property rights, and other property associated with the land.

2. The District People's Committee grants the right to use the land, ownership of housing and other property associated with the land for households, individuals, communities of the population, the Vietnamese residing abroad that is owned by housing, which is associated with the right to use the land. Vietnam.

3. For the cases that have been granted the certification, the Certificate of Housing Ownership, the Certificate of Ownership Of The Construction Work, which imples the rights of the land use, the property owner attached to the land or the exchange, the Certificate of Paper. Certification, Certificate of Home ownership, the license for ownership of the construction work is due to the government's regulatory and regulatory authority.

What? 106. Attach, revoking certificate issued

1. The Agency with the authority to grant a Certificate of Certificate in charge of the Certificate of Receiving Issued Certificate has flaws in the following cases:

a) There is an error of information on the name, legal identification, or a person's address, the address of the land user, the owner of the property attached to the land compared to the legal or the person at the time of the recipient's certificate;

b) The information on soil, property associated with land compared to land registration records, property attached to the land has been verified by the registry of soil registraits.

2. The State revoked the certificate issued in the following cases:

a) The state recovered the entire land area on the Issued Certificate;

b) The Certificate of Issued Certificates;

c) Land users, property owners associated with land-based registration land, property attached to the land that must grant new licenses to the use of the land, property rights, and other property attached to the land;

d) The certificate granted is not correct jurisdiction, not the right object to use the land, not the right extent of the land, not eligible for granted, not exactly the purpose of using the land or the statute of land or the origin of land use as defined by the land law. In the event, unless the recipient of the certificate granted the right to use the land, property rights are tied to the land as defined by the law of the land.

3. The recall of the Certificate of Certificates issued to the specified case at point 2 This Article by the authority granted the authority to grant the use of the land, the ownership of the housing and other property attached to the prescribed land at Article 105 of this Law. After the conclusion of the conclusion of the same level, the office has the authority of the state authority to have jurisdiction over the settlement of the land dispute.

Chapter VIII

FINANCE ON LAND, LAND PRICES AND RIGHTS AUCTION FOR LAND

Item 1

LAND FINANCE

What? 107. The main revenues from the land.

1. The main revenues from the land include:

a) The use of the land when the State of the Land is brought to the use of the land, to the purpose of the purpose of the land, to the use of the land, to the use of the land;

b) The rent of the land when it was leased by the State;

c) The tax of the land;

d) Income tax from transfer of land use;

The money proceeds from the punishment of the land of the land;

e) Compensation Money for the State when causing damage in management and land use;

g) fees and fees in management, land use.

2. The government provides details of the collection of land use, land rent, fines of a violation of the land, compensation for the state, for damages in management and land use.

What? 108. The base, the timing of the money, the land, the rent.

1. Money based on land:

a) Land of the land which is delivered, the purpose of use, to the right of the land;

b) The purpose of land use;

c) The land price is specified at Article 114 of this Law; the event for the power to use the land, the land price is a price hit.

2. The base charge for the land lease:

a) the land area for rent;

b) The time for the lease of the land;

c) The land lease is; the price of the lease of the land, the price of the land, is a price hit.

d) The form of the State for the lease of the land rent land annually or lease land rent land once for a whole time of lease.

3. The timing of the amount of money using the land, land rent is the time the State decided to land, lease land, allow for the purpose of the purpose of land use, the recognition of the right to use the land.

What? 109. Paying for land use, land rent when the target transfer uses The land, the shelf life.

1. When the target transfer uses land at d, e, e, and g 1 Article 57 of this Law, the land user must pay for the land use, the land rent under the following regulation:

a) Nblisters of land use, land rent paid once for both the time rent by the difference between the land use, the land rent of the land after the purpose of the purpose of land use and land use, land rent of the land before the purpose of the use of the land. The land.

b) The blisters annually follow the soil after the purpose of the land use.

2. When an extension of land use by land users must pay for land use, land rent is required to perform financial obligations for the time being renewed.

3. The government regulates this.

What? 110. -No, no, no, no, no, no, no, no.

1. Free, reducing the amount of land use, land rent is done in the following cases:

a) The use of land on the purpose of production, business in the investment of investment or investment of investment in accordance with the provisions of the law on investment, except for the investment of a commercial housing construction;

b) Use the land to implement housing policy, land in the person with the revolution, poor households; households, individuals being ethnic minorities in regions of economic conditions-particularly difficult societies, borders, islands; land use to build. the social housing according to the rule of the law of the housing, the land of the people who must be moved when the State recuperated the land due to the risk of the threat of human life;

c) Use of agricultural land for households, individuals are ethnic minorities;

d) Use of the land construction of the career building of the public career organizations;

The construction of the aviation port, airport; ground building, airline service provision;

e) Use of land made by building headquarters, terrace, storehouses; construction of direct service facilities that serve agricultural, forestry, aquacowork, and salt for agricultural cooperation;

g) Other cases by government regulation.

2. The government regulates this.

What? 111. Land Development Fund

1. The local land development fund established by the Provincial People ' s Commission established or commissioned the Development Investment Fund, the local other financial fund to finance the compensation, release of the facet and create land funds under the planning, the land use plan said. It was approved by the state agency.

2. The financial resources of the Land Development Fund are allocated from the state budget and mobilized other sources according to the rule of law.

3. The government regulates this.

Item 2

LAND PRICES

What? 112. Principle, method of valuation.

1. The valuation of the land must ensure the following principles:

a) According to the purpose of using the legal land at the time of valuation;

b) By the time of the land use;

c) In accordance with the common land price on the market of the land of the same purpose used to be transferred, the value of the value of land use land for places that value land use or income from land use;

d) At the same time, the adjacent land with the same purpose of use, profitability, income from the same land use is equally priced.

2. The government regulates the land valuation method.

What? 113. Land Frame

The government enacted a 5-year periodic land price frame for each land type, in each region. In the time of setting the land price frame that the average land price on the market increased from 20% or more to the maximum price or down from 20% or more to the minimum price in the land price frame, the Government adjusted the land price framework accordingly.

What? 114. Specific land and land prices

1. The principle base, soil pricing method and land price framework, the Provincial People 's Committee built and presented the people' s council to the same level through the land board before the board. The land price table was built every 05 years and publicly announced on January 1 of the first year.

During the land price run, when the Government regulates the land price or universal land price on the variable market, the Provincial People's Committee governs the appropriate land price table.

Prior to the arrival of the People's Assembly at least 60 days, the People's Committee of the Provincial People's Committee of the Provincial People's Committee of the Provincial People's Committee of the Provincial People's Committee of the Provincial People's Committee of the Provincial People's Committee of the Council of the People's Committee of the Land of the Land of the Land of the Council of the People's Office of the Council of the People's Committee of the Land The city's central city is reporting by the Prime Minister.

2. The land price table is used to make base in the following cases:

a) Charge of land use when the State recognizes the right to use the household ' s land in the household, personally for the area of the area; allowing the purpose of transferring land from farmland, non-agricultural land is not ground to land in the part of the country. an area of land for household, individual;

b) The taxation of the land;

c) Charge and fees in management, land use; and

d) Compact the sanctions against administrative violations in the field of land;

) Charging compensation for the State when inflict damage in management and land use;

e) The value of land use to pay the voluntary return to the state for the land of return is the land of the land of the land that has the land of the land, the use of land use, the use of the use of the land, the use of the land, the land rent, and the land rent. for all the time it's rented.

3. The Provincial People ' s Committee decides the specific land price. The Provincial Land Management Authority is responsible for helping the Provincial People's Committee to organize a specific land price identification. During the implementation process, the provincial land management agency is hired to have the advisory function determining the price of land to advise specific land price determination.

Identification of specific land prices must be based on an investigation basis, gathering information on land, market prices, and information on land prices in the land database; the applicable land valuation method. As a result of the price of the land, the land management agency provides a review of the land for consideration before the Council of the People's Committee of the same decision.

The land-valued council includes the Chairperson of the Provincial People's Committee as the President and the representative of the agency, the relevant organization, the organization has a consulting function that determines land prices.

4. The specific land price is used to base the base in the following cases:

a) The amount of land use when the State recognizes the use of the land of the household, the individual to the land area in excess; allowing the purpose of transferring the land from agricultural land, non-agricultural land is not land on the ground to the rest of the land. an area that exceeds the level of land delivery to the household, the individual. The lease on land for agricultural land exceeds the level of land delivery, exceeding the transfer of the right to the use of agricultural land of the household, the individual;

b) The amount of land use when the State of the Land gives money to use the land not through the form of land rights auction; the recognition of the right to use the land, allowing the purpose of using the land for the organization of the land;

c) The lease on land for the state lease of the land lease does not pass the form of land use auction;

d) The value of land use when the commodity part of the state business in which the equity business uses land in the case of a land-based, land-based, land-based land lease, lease land once for a lease period; and land rent. with the case of the state-owned enterprise being a part of the State for the lease of the land for rent of the land annually;

) Charging for compensation when the State recuperated the land.

5. The government regulates this.

What? 115. Land Price Determination Counseling

1. Consulting on land price determination is made in the following cases:

a) When building, regulating the land price framework; building, regulating the land price table and the specific land valuation that the state agency has the authority to have required;

b) When the settlement of the land price complaint at the request of the state authority has jurisdiction, the parties are involved;

c) When a civil transaction is concerned with the specific land price on which the parties are required.

2. The operational conditions of land price determination counseling, the practice of consulting the land made by the Government.

3. The determination of the land price of the consultant determining the price of land must be independent, objective, honest, and subject to principle, the land valuation method stipulated at Article 112 of this Law.

4. The land price as a result of the consultation is one of the bases for the state authority to have regulatory authority, decide the land price.

What? 116. The organization ' s rights and obligations have advisory functions determining land prices.

1. The organization of the organization has a consulting function that determines the price of land:

a) Implemonalization of the issue of land prices according to the provisions of this Law, the Law Price and other provisions of the relevant law;

b) Request for the employer to provide information, documents related to the consulting of the land price determination; be given the amount of service according to the agreement in the contract;

c) The unilateral termination or cancellation of the advisory contract determines the price of land when the party hires a violation of a conditional violation of the condition due to the two sides of the agreement in the contract or by the rule of law;

d) Other rights under the rule of law.

2. The institution of the organization has the consulting function determining the price of land:

a) being responsible to the law of accuracy, honesty, objectiation of the outcome of land prices;

b) Perform the agreement under the advisory contract determining the land price with the advisory party;

c) subject to the inspection, examination of the state authority to be competent; reports the state agency with authority on the organization, the results of the advisory activity determining the annual land price or in the case of a break-in;

d) Impleming the obligation on taxes and other financial obligations involved in accordance with the rule of law;

) Register for a list of valuers and changes, adding a list of valuers to the state agency with jurisdiction where the consulting organization defines land prices based on the headquarters;

e) Save the profile, documentation on the outcome of land price determination consulting;

g) Other obligations under the rule of law.

Section 3

LAND RIGHTS AUCTION

What? 117. The principle of the power to use the land

1. The rights auction for land use is made public, continuous, objective, honest, equal, protecting the rights and the legitimate interests of the parties involved.

2. The auction of the right to use the land must be the right sequence, the procedure by law on the land and the law of the property auction.

What? 118. Cases of rights auction use land and cases that do not auction the use of land.

1. The State of the Land of the Land of the Land has a collection of land use, lease land in the form of an auction of the land in the use of land in the following cases, except for the circumstances stipulated at paragraph 2 This:

a) Investment building investment to sell or lease or lease purchase;

b) Investment building infrastructure to transfer or lease;

c) Use the land fund to generate capital for infrastructure construction.

d) Use of commercial land, services; land of agricultural non-agricultural production;

The land lease of the agricultural land used for the purpose of agricultural production, forestry, aquacowork, and salt;

e) Transland, lease land to the state of the state revoked due to rearrangement, handling of the office of employment, career operations facilities, manufacturing facilities, business assets associated with state-owned land;

g) land delivery in urban, rural for households, individuals;

h) Transland, land lease on cases of reduced land use, land rent.

2. The cases do not auction the land use when the State of the Land, leasing land including:

a) Land without money for the land;

b) The use of land is exempt from the use of land, land rent specified at Article 110 of this Law;

c) Use the prescribed land at points b, g paragraph 1 and paragraph 2 Article 56 of this Law;

d) Use land on purpose of mineral activity;

) Using the land to carry out investment project building in resettlement housing, social housing and public housing;

e) The land delivery to the cadre, the public, the officer moved where the agency follows the decision of the authority of the competent authorities;

g) The land delivery is for the household, the individual with a permanent residence in the commune without land in and without the State of the Land of the Land;

h) Transland in the household, individual with a permanent residence in the city of the region of economic conditions-difficult societies, regions of economic conditions-particularly difficult social conditions without land in and without the State of the Land of the Land;

i) Other cases decided by the Prime Minister.

3. The land case which introduced land rights auction in accordance with the stipulation at paragraph 1 This without a participant or the case of only one registered to auction or auction at least 02 times but not to the state, the State implemented the delivery. Land, land lease, without aucauction.

What? 119. Exercise land rights auction

1. The conditions for the organization to exercise the power use auction when the State of the Land of the Land, lease land:

a) There has been plans to use the annual land of the district authority approved by the state authority;

b) The land has been released on the ground, and the land has a property attached to the land in which the property is owned by the state;

c) There is a power-to-use method of using the country to be approved by the state agency.

2. The organization, the individual involved in the auction of the right to use the land must have enough of the following conditions:

a) The subject of the subject of the State of the Land, by the land of the land, according to the provisions of Article 55 and Article 56 of this Law;

b) must ensure the conditions for the implementation of the specified investment project at Article 58 of this Law on the case of land delivery, land lease for the implementation of the investment project.

Chapter IX

LAND INFORMATION SYSTEMS AND LAND DATABASES.

What? 120. Land Information Systems

1. The land information system is designed overall and built into a unified system across the country, serving multi-objective; by standard, national standards, internationally recognized internationally.

2. The land information system consists of the following basic components:

a) Infrastructure technology and land information;

b) Operating system software system, system software and application software;

c) The National Land Database.

What? 121. National Land Database

1. The National Land Database is built to be unified within the country.

2. The National Land Database consists of components:

a) The database of the law of the law of the land;

b) Local databases;

c) The basis of basic investigation of land;

d) The planning database, the land use plan;

The database of land prices;

e) Statistical database, land inventory;

g) The database of inspection, inspection, dispute resolution, complaint, statement of land;

h) Other databases related to the land.

3. Content, structure and type of land database information are carried out by the regulation of the Minister of Natural Resources and Environment.

What? 122. Management, mining of land databases

1. Information in the land database is provided by the state authority to provide legal value as in the paper format.

2. The land database is the state property that must be secured security, strictly safe; strictly banning all unauthorized access, sabotage, misinformation in the land database.

3. Organization, individuals with the need for information, land data to be mined, used through the central, local, and cost of land information; upon the implementation of the information, land data must perform the correct regulation of the law.

What? 123. Electronic service in the land area.

1. Electronic services are made including land registration, property attached to the land; the implementation of land and property transactions attached to the land; the provision of information, land data.

2. The Land Management Authority is responsible for implementing public services on this one Article; providing convenient, simple, secure services to organizations and individuals on a network environment.

What? 124. The responsibility for building the land information system

1. The state has an investment policy of building the land information system, the land database; ensuring the funding of operating, maintaining the land information system, the land database.

2. The Ministry of Natural Resources and Environment is responsible for the organization of construction, management, exploitation of information systems, national land databases, and implementation of the e-public service in the land of government regulation.

3. The ministry, the industry, the relevant agency responsible for providing basic investigation results and data, information related to the land for the Ministry of Natural Resources and Environment to update on the national land database, land information system.

4. The Provincial People's Committee is responsible for organizing construction, management, exploitation of information systems, local land databases, and providing land data to the Ministry of Natural Resources and Environment to integrate into the national land database.

5. The Minister of Natural Resources and Environment details the construction, management, exploitation of the land information system, the conditions of the organization, the individual that works on the basis of database construction, the land information system.

Chapter X

THE MODE OF USE OF SOILS

Item 1

LAND SHELF LIFE

What? 125. The land uses long-term stability.

The land user is used long-term stable land in the following cases:

1. Land in the household, the individual uses;

2. The agricultural land used by the residential community rules at paragraph 3 Article 131 of the Law;

3. Land of the hedge, the common woodland, the productive land is the natural forest;

4. Commercial land, service, land of household non-agricultural production facilities, individuals who are using stable without having to be given a time by the State of the State, for rent;

5. The land of construction of the headquarters is stipulated at 1 Article 147 of this Law; the land that builds the career structure of the establishment of the unelected public office, stipulated in paragraph 2 Article 147 of the Law;

6. Land used in defense, security;

7. The land of religious authority stipulated at Article 159 of this Law;

8.

9. Land of transportation, irrigation, land with historical and cultural heritage sites, scenic landmarks, land built on other public works that do not have business goals;

10. Land as cemetery, graveyard;

11. The economic organization uses regulation at paragraph 3 Article 127 and paragraph 2 Article 128 of this Law.

What? 126. Used land has a deadline

1. The land of the land, which recognizes the use of agricultural land to the household, directly produces agriculture by regulation 1, paragraph 2, point b 3, paragraph 4 and paragraph 5 Article 129 of this Law is 50 years. At the end of time, households, individuals directly produce agriculture if there is a need to continue to use land under the stipulation period.

2. The deadline for the lease of agricultural land for households, the individual is no more than 50 years. At the end of the lease, the household, personally if there is a need, is considered by the State to continue leasing the land.

3. Land of the land, lease land to the organization for use on the purpose of agricultural production, forestry, aquacoship farming, saline; organization, household, individual for use on commercial purposes, services, as a basis for non-agricultural production; the organization. function to implement investment projects; the Vietnamese settled abroad, the business with foreign investment to implement investment projects in Vietnam is considered, decided on the basis of an investment project or a land application, lease land but no more than $50 per share of investment. Five.

For the project to have a large investment but slow capital recovery, the project to invest in the site has a difficult economic-social condition, the place where economic-social conditions are particularly difficult that the duration of the land is required, and the land lease is no more than 70 years.

For the housing business project to sell or to sell in conjunction with the lease or to lease, the time for the land delivery to the investment holder is determined by the time of the project; the home buyer is associated with the right to use the long-term stable land.

At the end of the term, land users if the need to continue to use are considered by the State to extend land use but not too long overdue for this clause.

4. The deadline for land rental to build a foreign organization ' s work headquarters has a diplomatic function no more than 99 years. At the end of the term, foreign organizations with diplomatic function if the need for land use are considered to be renewed or leased by the State, each time the extension is not too limited to this clause.

5. The lease term of the agricultural land fund uses for the purpose of the commune, the ward, the town is no more than 05 years.

6. The land construction of the career building of the industrial establishment of the financial autonomy stipulated at paragraph 2 Articles 147 of this Law and the public works whose business purpose is no more than 70 years.

At the end of the term, land users if the need to continue to use are considered by the State to extend land use but not too long overdue for this clause.

7. For land use for many purposes the term land use is determined by the time of the land type used for the primary purpose.

8. Land of the land, the lease of the land specified at this is calculated from the date of the decision to deliver the land, the land lease of the state agency with jurisdiction.

What? 127. Land shelf life when the target transfer uses land

1. The term of land use for household, individual when the purpose of transferring the purpose of land use is prescribed as follows:

a) The case for the transfer of the forest soil, the used land for use on other purposes, the deadline is determined by the time of the soil type after being used for use. The term of land use is calculated from the time of a decision to allow for the purpose of the purpose of land use;

b) The case of forage for rice cultivation, another annual crop of crops, perennial crops, productive woodland, land farming, soil as salt to the cultivation of hedge forests, plant-specific crops, and the use of long-term stable land;

c) The purpose of using the target for use between soil types includes other annual crops, perennial crops, productive forest soil, aquacarable land, salt soil, household, and land use continued to use that land on a limited time. Assigned, leased.

At the end of the term, household, individual use of the land was considered by the State to extend the land use but not too long overdue in paragraph 1 Article 126 of this Law if there is a need to continue to use;

d) The case of agricultural land transfer to non-agricultural purposes is the time the land use is determined by the time of the soil type after being used for use. The term of land use is calculated from the time of a decision to allow for the purpose of the purpose of land use;

The purpose of using a non-agricultural land to use long-term stability to non-agricultural land use has a deadline or from non-agricultural land using a term to non-agricultural land using long-term stability, household, personal, and living. It ' s been used for long-term stability.

2. Land usage to the organization, the Vietnamese residing abroad, the business with foreign investment carrying out the non-industrial investment project, industrial cluster, manufacturing sector, high tech sector when the purpose of land use is used. defined by the specified investment project at paragraph 3 Article 126 of this Law.

3. The economic organization that transfers the purpose of use from non-agricultural land using long-term stability to non-agricultural land use has a deadline or from non-agricultural land using a term to non-agricultural land using long-term stability, the economic organization. It ' s been used for long-term stability.

What? 128. Land shelf life when transferring rights to land

1. The term of land use when the transfer of land rights to the land type has a deadline being the time to use the rest of the land use before the transfer of the land.

2. The recipient of the land use of the land for long-term stable use is used for long-term stability.

Item 2

AGRICULTURAL LAND

What? 129. Limit of agricultural land

1. Limit the annual crop of crops, livestock farming, soil as salt for each household, individuals directly producing agriculture as follows:

a) No more than 03 hectares for each type of land for the province, the central city of the central part of the Southeast Region and the Mekong Delta region;

b) No more than 2 hectares per type of land for the province, the other central city.

2. Limit the annual tree planting for each household, the individual is no more than 10 hectares for the commune, the ward, the town in the plain; no more than 30 hectares for the commune, the ward, the town in the middle du, the mountain.

3. Limit the land for each household, the individual is no more than 30 hectares for each land type:

a) Land of the hedge;

b) The land of production.

4. The case of household, individuals assigned to many types of land including annual crops, aquacal soil farming, soil saline soil, the total land level is no more than 05 hectares.

In the family case, the individual is given a long-term crop of land, which is less than 05 hectares long for communes, wards, towns in the plain; no more than 25 hectares for the commune, the ward, the central town, the mountain.

In the family case, the individual is given additional land production, and the extent of the production of the forest produces no more than 25 hectares.

5. Limit the vacancy, the bald hill, the land of the land that is not used for the household, the individual takes on the planning to produce agriculture, forestry, aquacoscale farming, as salt does not limit the regulation of land regulations in the country. 1, 2 and 3 This and not to limit the amount of agricultural land to the household, the individual regulates at 1, 2 and 3.

The Provincial People's Committee stipulated that the land of the empty land, the bald hill, the land of the land that was not used for the household, the individual introduced in accordance with the planning, the plan to use the land was approved by the state agency.

6. Limit the annual crop of crops, planting crops for years, planting forests, aquacal farming, making salt in the buffer zone of the forest used for each household, the individual is done by regulation 1, 2, 3, 4 and 5 This.

7. For the agricultural land of the household, the individual is using the township, the ward, the town where the permanent household registration is available, the individual is continued to use, if the land is delivered not to collect land use, which is calculated to the limit. The agricultural land of every household, the individual.

The land governing body where the agricultural land did not collect money for household use, the individual sent a notice to the People's Committee in the household, which registered a permanent residence to limit the level of agricultural land.

8. The agricultural land area of the household, the individual due to the receiving of the transfer, rent, refunds, inheritance, is donated to the right to use the land, which receives capital by the use of land from others, the stock, the State for lease not to the limit. Agricultural land is regulated at this.

What? 130. Limit the transfer of the right to agricultural land of the household, the individual

1. Limit the transfer of the household's agricultural land, the individual no more than 10 times the level of agricultural land delivery of the household, the individual for each land specified in the 1, 2 and 3 Article 129 of this Law.

2. The government regulates the transfer of the right to use the agricultural land of the household, and the individual is consistent with specific conditions in each region and period.

What? 131. Household farmland, personally, the residential community uses the family.

1. Agricultural land of households, individuals using agricultural land used by the State of the State, for rent, recognition of the right to use the land; due to the lease of the organization's land, household, other individuals; for conversion, transfer, inheritance, and inheritance. It ' s for the right to use the land by law.

2. The use of agricultural land provided by the State for the household, the individual is regulated as follows:

a) Household, individuals who have been delivered by the State before the Law on this Law have been enforced on the rules of the Law;

b) For localities that have not yet been able to deliver land to the household, personally following the rule of the land law, the Committee of the People's Committee on the Land of the People's Committee of the Land of the Land of the Land and the Committee of the People's Committee to decide on the land;

c) For the localities that the People ' s Committee has guided the household, the individual negotiated the land regulation during the course of the implementation of the policies, the legislation on the land before October 15, 1993 and is using stability as well. You keep using it.

3. The agricultural land used by the residential community is regulated as follows:

a) The population of the people of the land, which recognizes the use of the land to preserve the identity of the people, to the customs, to the customs of the peoples;

b) The residential community of the State of the Land, which recognizes the right to use the land responsible for the protection of the land, is used in conjunction with the purpose of agricultural production and aquacowork, not to be transferred to other purposes.

What? 132. Agricultural land uses the purpose of utility.

1. Base in the land fund, characteristics and needs of the local, each commune, the ward, the town that is used by agricultural land funds used on purpose of no more than 5% of the total annual crop land, perennial crops, aquacal farming to serve. for local needs.

Agricultural land organized by the organization, households, individuals returned or donated to the right to use for the State, the desolate land, the agricultural land recovered as a source for the formation or supplement of agricultural land funds used for the purpose of the commune, ward, town.

For places that have left agricultural land funds to be used for the purpose of excess of 5%, an external area of 5% is used for construction or compensation when using other land to build local public works; for household purposes, Individuals directly produce agriculture, farming locally undelivered or lack of land produced.

2. The agricultural land fund uses the purpose of the commune, ward, town for use in the following purposes:

a) Building the public works of communes, wards, towns including cultural, sports, fun, public entertainment, public entertainment, health, education, markets, cemetery, cemetery and other public works by the provisions of the People 's Committee of the People' s Committee. Where?

b) The compensation for the person with the land is used to build regulatory public works at the point of this paragraph;

c) Build a state of love, love house.

3. For the land area that has not been used for the purposes of regulation at paragraph 2, the People's Social Committee for the household, the individual at the local lease for agricultural production, raised the aquacuses in the form of auction for rent. The shelf life for each lease is no more than 05 years.

Proceeds from the lease of land under the agricultural land fund used for the purpose of the utility must submit to the state budget administered by the People's Committee and to be used only for the need for the benefit of the commune, the ward, the town according to the rule of law.

4. The agricultural land fund uses the purpose of the commune, the ward, the town was administered by the People's Committee of the People's Committee, used by the planning, the use of land used by the state authority.

What? 133. Agricultural land organized by the organization, the Vietnamese who settled abroad, the business has foreign investment in use.

1. Economic Organization, Vietnamese residing abroad, whose capital has foreign investment in need of land to produce agriculture, forestry, aquacal farming, as saline is considered by the State to pay land to carry out the investment project.

2. Economic Organization, a public career organization that has been given land by the State of the Land, leased the land before the Law Day to take effect on the purpose of agricultural production, forestry, and the use of land use, and the use of land use. The land use of land must determine the area, the boundary used, the area of each land that is retained in use, the land shelf life, the land area of the land.

The Provincial People ' s Committee is responsible for directing the sweep, approval of the land use method; land delivery, land leasing under approved land use of land; recoverable land area, non-purpose use, stock, leasing, for use. Borrowing the law, being overwhelmed, taken to create a land fund, for rent to the organization, household, personal. Land delivery, land rental, must prioritiate households, individuals who are ethnic minorities without land or lack of local production land.

3. The economic organization has been used by the State of the Land not to collect land use for use on agricultural, forestry, aquacowork, and salt before the law is effective.

What? 134. Rice crops.

1. The state has a policy of protecting the rice crop, limiting the transfer of rice crops to use on non-agricultural purposes. Where it is necessary to transfer a portion of the crop field to other uses, the State has an additional land area or increased efficiency of rice cultivation.

The state has a support policy, investment building infrastructure, the application of modern science and technology to the productive rice-growing area, high quality.

2. The use of rice-grown land is responsible for renovation, which increases the fertility of the soil; is not transferred to use for long-term crops, forestation, aquacal farming, saline and on non-agricultural purposes if the state authority is not available. Permission granted.

3. The person who was given land by the State, leased land for use on non-agricultural purposes from the country ' s intensive land to pay a sum of money to the State to add the land-intensive land area that was lost or increased efficiency using rice cultivation. It's Government.

What? 135. The land of the forest.

1. The State of the Land of the Forest of Production is the natural forest for the forest management organization for management, protection and development of the forest.

2. The state of the land of the land, the lease of the forest soil, is the forest planted by the following regulation:

a) Transland to the household, personally directly producing agriculture at a prescribed rate at the b point 3 Article 129 of this Law for use on the purpose of forestry production. For the land of the forest of the land produced by the household, the individual uses it to lease the land.

b) The land lease to the economic organization, household, personal, Vietnamese residing abroad, the business has foreign investment to carry out the investment project.

c) Economic organizations, households, individuals, Vietnamese settlers overseas, businesses with foreign investment capital of the State of the Land, lease the forest land by regulation at a point a and this b point is used as an unattended land area. Forests for planting forests or planting crops for years.

3. Economic Organization, Vietnamese residing abroad, whose foreign investment capital uses the land of productive forests that are combined with the landscape business, ecological tourism-the environment under the forest canopy.

4. The forested land that is concentrated in places away from residential areas cannot communicate directly to the household, personally assigned by the State to protect and develop forests in conjunction with agricultural, forestry, and aquacoeconomic production.

What? 136. The land of the apartment.

1. State of the state ' s defense of the forest for the management of the hedge for management, protection, rearing regeneration of forest and forest cultivation under the planning, land use plan has been approved by the state agency, which is incorporated using land on purpose. It is different from the laws of protection and forest development.

2. The Forest Forest Management Foundation for the household, the individual is living there to protect, develop the forest; the People's Committee of the Arrondissement of the Land, which produces agriculture for the household, the individual uses.

3. Organization, households, individuals with need, capacity to protect, develop forests and are living in the area of the hedge that has no management organization and area of hedge-growing planning areas are protected by the State of the Forest of the Forest for protection, development and development. forest and incorporated use of land on other purposes according to the laws of protection and forest development.

4. The Provincial People ' s Provincial Committee decides for the economic organization that rents out the area of the area in the area to be combined with the landscape business, eco-tourism-the environment under the forest canopy.

5. The residential community is regulated by the State of the State for the Protection of Protection and Development of the Forest, which is assigned protection of the forest to protect, develop forests; have the right and obligations under the provisions of the Protection and Forest Law.

What? 137. The land of the forest.

1. The State of the Land of the Land of the Forest, which is used for the use of forest management, used for management, planning protection, land use plans have been approved by the state agency, which is incorporated using land on other purposes by law of protection. and forest development.

2. Forest management of the Forest for a short-term trade in the forest of the forest in strict protection for the household, the unconditional individual moved out of that area to protect the forest.

3. The Forest Management Organization of the Forest of the Forest is part of the ecological rehabilitation ward for the household, the individual living stable in that area for protection and development of the forest.

4. The People ' s Committee has the authority to decide the land, lease the buffer land of the forest to be used to the organization, household, individual for use on the purpose of production, research, forestry experiments or national defense, planning security, and security. The forest development of the buffer zone and incorporated use of land on other purposes according to the laws of protection and forest development.

5. The Provincial People ' s Provincial Committee decides for the economic organization that rents the common ground of the area to be combined with the landscape business, eco-tourism-the environment under the forest canopy.

What? 138. Salt soil.

1. The soil that makes salt is delivered by the State to the household, personally in the limit of local land delivery to produce salt. If you use it, you have to move to rent land.

The country as a salt is leased to the economic organization, and the Vietnamese are overseas, and businesses have foreign investment to implement a salt production investment project.

2. The soils that make salt with yield, high quality must be protected and priorititiated for the production of salt.

3. The state encourages the use of the land that is capable of salt to produce the salt that serves to the industrial and life needs.

What? 139. The land is inland.

1. Ao, lake, marshes are restricted by the State to household, individual for use in aquacal purposes, agricultural production.

Ponds, lakes, swamps are leased to the economic organization, households, individuals, Vietnamese settlers overseas, businesses with foreign investment in order to implement a project of aquacal farming, agricultural or agricultural production combined with the country ' s economy and agriculture. A non-farm purpose.

2. For the lake, the communal dress of many communes, the ward, the town is decided by the District People's Committee. For the lake, the lagoon is part of the district, the county, the town, the provincial city, and its use by the Provincial People's Committee. For the lake, in the province of many provinces, the central city is used by the Government.

What? 140. The land has coastal water.

1. The land of coastal water is leased by the State for its economic organization, households, individuals, Vietnamese settlers overseas, the business has foreign investment capital to use in the purpose of breeding fisheries, agricultural production, forestry, employment, and agriculture. Salt, non-agricultural.

2. The use of coastal water by the following regulation:

a) The plan, the plan to use the land has been approved by the state agency;

b), the protection of the coastal land;

c) Protect the ecosystem, environment and landscape;

d) Do not interfere with the protection of national security and traffic at sea.

What? 141. Riverside beach, coastal.

1. Land on the waterfront, coastal covering the waterfront, land on the river, land for coastal and island lands.

2. Land on the waterfront, coastal areas of the township, ward, town, administered by the People's Committee.

Riverine beach land, coastal areas are frequently accreamated or often derulated by the District Committee of the District Committee of Management and Protection.

3. Land for coastal banks, coastal areas leased by the State for economic organization, households, individuals, Vietnamese people residing abroad, businesses with foreign investment to carry out the production investment project, agricultural business, non-agriculture.

4. Household, individuals who have been paid by the State for the Land of the River, the coast before the Law Day to be used for agricultural use, continue to be used for the remainder of the land. At the end of the land, if there is a need for land use, in accordance with the planning, the plan to use the land was approved by the state authority and did not violate the laws of the land, the State considered the lease of the land.

5. The state encourages economic organization, households, individuals who invest in the waterfront, coastal banks, into use.

6. The government regulates this.

What? 142. Land used for farm economy.

1. The state encourages the home-farm economic form of the household, the individual aiming to exploit the land efficiency to develop production, scale expansion and improve the efficiency of land in agricultural production, forestry, aquacal farming, salt and water production. attached to the service, processing and consumption of agricultural products.

2. The land used for the farm economy includes land that is not collected by the State for the use of land in terms of land delivery to households, individuals directly producing agriculture, forestry, aquacoreal farming, as a regulation at Article 129 of the Law; land. by the state for rent; the land due to rent, to receive the transfer, the inheritance, is donated to; the land due to the organization of the organization; the land of the household, the individual.

3. Household, the individual who uses the land as the farm economy is converted for use of land by law.

4. Housekeeping, individuals who are using land as a planning farm economy, plans to use the land that has been approved by the state agency, without dispute, to continue using the following regulations:

a) The land of land was delivered not to collect money on land as a result of the household, the direct individual producing agriculture, forestry, aquacowork, as a grain of regulation at 1 Article 54 of this Law was continued to be used in accordance with regulations. One Article 126 of this law;

b) The land on which the land is delivered does not collect money for the household, the individual who does not directly produce agriculture, forestry, aquacowork, and salt when the expiration of the time is delivered.

c) The case of land use by the State for lease, transferable, inherited, donated to, the stock of the organization; due to the household, the individual who has a capital is continued to use as prescribed by the Law.

5. Prohibition of taking advantage of the farm economy to cover, accumulation of land not for manufacturing purposes.

Section 3

NON-AGRICULTURAL LAND

What? 143. The land is in the countryside.

1. The land at home due to family households, individuals who are using the countryside include land to build housing, build life-service buildings, gardens, ponds in the same land in rural neighborhoods, in line with land use planning, residential point-building planning. The countryside was approved by the state agency.

2. The base to the local land fund and rural development planning has been approved by the state agency, the Provincial People ' s Committee stipulated that the land limit for each household, the individual to make housing in the countryside; the minimum area covered by the government. It ' s separated from the ground in accordance with local conditions and practices.

3. The allocation of land in the countryside in the planning, land use plan must synchronize with the planning of public works, a convenient job of career guarantee for the production, life of the people, environmental hygiene and in the direction of agricultural modernization. Hamlet

4. The state has a policy of facilitalation for people living in rural areas on the basis of taking advantage of land in existing residential areas, limiting the expansion of residential areas on agricultural land.

What? 144. The land is in the city.

1. The land in the municipality includes land to build housing, building life-service buildings, gardens, ponds in the same land of urban residential areas, in accordance with land use planning, urban construction planning has been approved by the state authority. Check.

2. The land in the municipality must be synchrony with land used for the purpose of building public works, career works, environmental hygiene assurance and modern urban landscape.

3. The state has a land use planning to build housing in the municipality, which has a policy of facilitation so that people living in urban areas have accommodation.

4. The provincial People ' s Committee is based on land use planning, urban construction planning and local land funds regulating land levels in each household, individual self-building housing for unqualified cases to land on investment projects. building housing; the minimum area is separated for land.

5. The transfer of land on the ground to the construction of manufacturing facilities, business must be consistent with the planning, land use plan, urban construction planning has been approved by the state agency and complied with the regulations of order, safety, environmental protection and security. Urban.

What? 145. Land built on the apartment building.

1. The land of construction of the apartment complex includes the land to build the apartment building, which builds direct service works for the life of households in the apartment house and the construction of community service under construction planning has been questioned by the state authority. The rights to approve.

2. Land planning for the construction of the apartment building must ensure synchrony with the planning of public works, environmental protection.

3. The government regulates the use of land-building land.

What? 146. Land uses to edit the site, urban development and rural residential areas.

1. The land used to edit the site, urban development includes land-based land-editing land, existing interior; land is planned to expand urban or new urban development.

The land used to edit the site, the development of rural residential neighborhoods in the existing residential area, land of agricultural land used for utility purposes, the land was planned to expand rural residential areas.

2. The use of land to edit the site, urban development, rural residential areas must be consistent with the planning, land use plan, urban construction planning, rural residential point construction planning that has been approved by the state agency with approval by the state authority and other regulations. Standard construction by the state authority.

3. The Provincial People ' s Committee organizes the establishment and delivery of the economic organization, the Vietnamese residing abroad, the business that has foreign investment capital implementation of the project under the rule of law to edit or build a new urban district, rural residential areas. New village. The land for these projects must be allocated synchronally in the planning, land use plan for the entire region, including land used to build infrastructure, land in, land construction of public works, career structures, commercial land, services, land infrastructure, land and land construction. Non-agricultural production.

When implementing technical infrastructure projects, construction, urban area editing, rural residential areas, the State of the State of the State of the Countryside Act, including the land for the construction of infrastructure and land-based structures and land use plans.

4. The residential community builds, corrects buildings that serve the common interests of the community by the funding of the people who contribute or the State supports, the voluntary contribution to land use, reparation or support provided by the community and the use of the land. That's a deal.

What? 147. Land building organ headquarters, career building.

1. The land of building offices of the headquarters of the state office, political organization, political organization-society.

2. The land of construction of a career in the building of a career building in industries and sectors of the economy, culture, society, health, education and training, sports, science and technology, environment, diplomacy and career works. Different.

3. The use of the land specified in paragraph 1 and paragraph 2 This must be consistent with the planning, land use plan, urban building planning, rural settlement planning that has been approved by the state authority.

4. The head of the agency, the organization that is delivered the land, the land lease is responsible for preserving the land of the land that is delivered, is hired and must use the right land.

It prohibits the use of building lands, building a career for other purposes.

5. The state encourages the use of land on the purpose of developing culture, health, education and training, sports gymnastics, science and technology, the environment.

What? 148. Land used for defense purposes, security.

1. The land used for defense purposes, security includes land used on the purposes of regulation at Article 61 of this Law.

2. The Provincial People ' s Committee performs the state administration of land use on defense purposes, the security of the local administrative administration.

The Ministry of Defense, the Ministry of Public Security, is responsible for coordinating with the Provincial People ' s Committee in the planning process, plans to use land on defense purposes, security security in accordance with the requirements for economic development-society, consolidation of defence, security; reviewing the government. Determining the land uses for defence purposes, security; locate, land area, security, no need for use, use is not on purpose for local purposes.

3. For areas that are in the planning of land use on defense, security, but no need for defense purposes, security is used to use the land to be used until the decision to recover the land of the state agency. It has jurisdiction, but is not made in the form of natural terrain.

4. The government regulates this.

What? 149. Industrial land, manufacturing zone, industrial cluster, vocational village

1. The use of industrial construction sites, construction sites, industrial clusters, villages that must conform to the planning, land use plan, construction of construction details have been approved by the state authority.

When planning, industrial establishment, construction and construction work, construction of housing, industrial construction, and construction work in the industrial sector, the manufacturing sector.

2. The state lease land to the economic organization, the Vietnamese residing abroad, the business has foreign investment capital to invest in the construction of industrial infrastructure infrastructure, industrial clusters, manufacturing zones. For an annual rent-land lease, it is leased to the state by the State to lease land with an annual rent form; for the land lease, pay the land once for a lease of the land. The state lease land has the right to lease the land with a form of rent of land once for both the lease period or pay the land rent annually.

The investor is exempt from the lease of land to the land area of construction of the common infrastructure in the industrial zone, the industrial cluster, the manufacturing sector.

3. Economic organizations, households, individuals, Vietnamese settlers residing abroad, businesses with foreign investment in manufacturing, business in the industrial zone, industrial clusters, land-leased manufacturing zones tied to the infrastructure of the organization. The other economy, the Vietnamese settled abroad, the business with foreign investment capital investment builds infrastructure and has the following rights and obligations:

a) The case of renting the land paid land once for a lease period has the rights and obligations stipulated at Article 174 of this Law;

b) The case of renting the land for rent annually has the rights and obligations stipulated at Article 175 of this Law.

4. People who use land in the industrial zone, industrial clusters, the manufacturing district must use the right land that has been identified, granted the Land Use Rights Certificate, property rights in and other property attached to the land and have rights, the obligations under the rules. It's the law.

5. Economic organizations, households, individuals, Vietnamese settlers residing abroad in productive investment, business in the industrial zone, industrial clusters, manufacturing zones that have been given land by the State, receiving transfer of land use to the infrastructure structure of the organization. The other economy, the Vietnamese who settled abroad in the investment in the business of industrial infrastructure, the industrial cluster, the manufacturing sector before this rule of law was going to continue to use the land in the rest of the project. You don't have to switch to rent. At the expiration of the project, if there is a need to be considered by the State to lease the land by regulation of this law.

6. The government regulates this.

What? 150. Land used for high tech.

1. The land used for the high-tech sector by the founding decision of the Prime Minister includes various types of land-use soils that serve production, high tech products business; development research and high technology applications; human resources training, and the development of technology. High tech.

When planning, the high-tech establishment had to be simultaneously planning, building housing, public buildings outside the high-tech sector to serve the professional life, workers working in the high-tech sector.

2. High-tech sector management committee of the Provincial People's Committee of the High School of technology. The high-tech sector management board is leased to the organization, the individual, the Vietnamese residing abroad; the business has foreign investment in use of the land in the state of technology according to the Law.

3. The Board of Directors of the High School of technology planning the construction details of the high-tech sector and the Provincial People's Committee where the land approx.

The People's Committee of the Provincial People's Department of the Department of State for the Board of High-tech Sector to organize construction, development of high-tech sector under approved planning.

4. The land-based user of the High-tech Sector for land lease in the high tech sector has the rights and obligations as the State for Land lease by the provisions of this Law.

5. High-tech sector development business, the infrastructure development business was leased to the land-leased high-tech sector; who has the need to use the land in the high-tech area leased to the land of the high-tech sector development business, business and business. It's a high-rise development.

6. People who use land in the high-tech district must use the right land that has been inscribed in the lease of land, issued a Certificate of Use of the Land, Home Property Rights, and other property attached to the land and has rights, obligations under the rules. This law.

Where the transfer of land rights in the high-tech sector, the recipient of the transfer must continue to use the right land.

7. The State encourages the organization, the Vietnamese residing abroad, the business with foreign investment capital investment building infrastructure in the high-tech sector and encouraging the organization, the individual, the Vietnamese residing abroad, the business, and the business of the people. There is a capital of foreign investment using land on the purpose of developing science and technology.

8. The valuation of land rental prices and the calculation of the land rent in the high-tech sector is implemented by the regulation of this Law.

What? 151. Land used for the economy.

1. The land used for the economic zone including the land for the construction of the economic zone, the shop economy was established by the decision of the Prime Minister. Land used for the economic zone is land area used for functions including: customs districts, tax districts, industrial zones, industrial zones, recreation areas, resorts, urban areas, residential areas, administrative districts, and other functional areas in accordance with special privileges. The point of each economic zone to create an investment and investment environment is particularly favorable to investors.

The construction, opening of the economic zones, must be consistent with the overall planning of the economic zones in the country.

2. People's Committee of the Provincial People's Department of the Economic Zone for the Organization of Economic Zone to organize the construction of the economic zone under the planned land use of the land was approved in the construction of the construction details of the economic zone.

3. The Economic Zone Management Board is responsible for carrying out compensation, releasing the equal face to the land area being revoked by the state agency to deliver to himself before the land delivery, land lease. The Economic Zone Management Board is handed over land using land use, land refunds not collecting land use, land rental for people with the need for land use in the functions of the economic zone as prescribed at Articles 54, 55, and 56 of the Law.

The shelf life for manufacturing, business in the economy is no more than 70 years.

4. The land user in the economic zone is invested in building housing business, infrastructure, manufacturing, business, service operations and has rights, obligations as follows:

a) The case is given by the Economic Zone Management Board in the economic zone that has the rights and obligations as defined by the State of the Land by the provisions of this Law;

b) The case is administered by the Economic Zone Management Board in the economic zone that has the rights and obligations as the State for Land lease by the provisions of the Law.

5. The state encourages investment to build infrastructure in the economic zone and encourages land use on the purpose of economic development.

6. The land use of land, rights and obligations of the land use in the economic zone is applied to each land by the provisions of this Law.

7. Economic Organization, household, personal, Vietnamese residing abroad investing in manufacturing, business in the economic zone that has been traded by the State of the Land, which receives the transfer of the land of other economic institutions, Vietnamese settlers residing abroad. Prior to this rule, the law took effect, and continued to use land on the remainder of the project, not to the lease of the land. At the end of the course of the project, if there is a need to be considered by the Economic Zone Board to lease land under the provisions of this Law.

8. The government regulates this.

What? 152. Land used for mineral activity.

1. The land used for mineral activity includes land for exploration, mining, mineral processing, and the area of auxiliary works for mineral activity and safety corridors in mineral activity.

2. The land for exploration, mining of the mineral is leased to the organization, individuals, and Vietnamese residing abroad, whose business has foreign investment is allowed to implement the exploration project, mining the mineral.

Land to make the ground made by mineral processing, non-agricultural business has a land use of land such as commercial land, services, land-based non-agricultural manufacturing land at Article 153 of this Law.

3. The use of land for mineral activity must follow the following regulations:

a) There is a licence for mineral activity and the decision to lease land for exploration, mining of minerals or decision to lease land to make the basis of the mineral processing of the state agency with authority under the Government ' s provisions;

b) Implemonation of environmental protection, waste disposal and other measures to not damage the land use in the area and around;

c) The use of land is consistent with exploration, mining, mineral extraction; land use is responsible for returning to the right land with exploration, mineral extraction, and land-class status specified in the lease of land;

d) The case of exploration, mining of minerals without the use of the ground or does not affect the use of the ground does not have to rent the ground.

What? 153. Commercial land, service; land of agricultural non-agricultural production

1. Commercial land, service including land construction of commercial business facilities, services, and other works catering to business, commerce, services.

The land of agricultural non-agricultural production includes land to build non-agricultural manufacturing facilities located outside the industrial zone, industrial cluster, manufacturing zone.

2. The use of commercial land, services; land-based non-agricultural manufacturing facilities must be consistent with the planning, land use plan, urban construction planning, rural residential point construction planning that has been approved by the state agency with approval by the state authority and other regulations. To protect the environment.

3. Economic Organization, household, personal use of commercial land, services; land of non-agricultural manufacturing land through the form of State for lease land; the transfer of land use, land leasing, land rehiring, capital recognition by the organization ' s land use of land. In economics, households, other individuals, Vietnamese people settled abroad; renting the land attached to the infrastructure of the business had foreign investment.

The Vietnamese settled abroad using commercial land, services; the land base of agricultural production through the form of the State for lease of land; lease land, rerenting the land of economic organization, households, individuals, Vietnamese settlers overseas; Renting the land attached to the infrastructure of the business has foreign investment. The Vietnamese settled abroad under the stipulated object at 1 Article 186 of the Law, which was also inherited, was donated to the right to use the land for the construction of non-agricultural, commercial, service.

The business has foreign investment capital use of commercial land, services; land-producing infrastructure through the form of State for lease of land; land leasing, land releasing of economic organization, Vietnamese residing abroad; renting the land attached to the end of the economy. The infrastructure of the business has foreign investment.

What? 154. Soil produces construction materials, making ceramics.

1. The soil produces construction materials, making pottery including soil, soil with water to harness raw materials and soil made to the ground for processing, producing construction materials, making pottery.

The use of soil to exploit the raw material for the production of tiles, making pottery must take advantage of the hills, uncultivated mounds, landlands, rivers or ponds, lakes of deep water, the land of the rivers that do not produce agriculture, the land of which is no longer used. The land for the renovation of the field.

2. Land, land with water to exploit the raw materials leased to the household, the individual is allowed to exploit the raw materials for the production of construction materials, making pottery; for the economic organization, the Vietnamese settled abroad, the business could be found in the country. Foreign investment is allowed to implement the investment project mining investment materials for the production of construction materials, making pottery.

Land to make the production of building materials, making pottery in the soil of production, non-agricultural business with land use such as commercial land, services, land-producing non-agricultural manufacturing land at Article 153 of this Law.

3. The use of land to produce building materials, making pottery must follow the following regulations:

a) There is a decision to lease land to the purpose of extraction of raw materials, processing, production of building materials, making pottery of the state authority with jurisdiction;

b) Implementers the necessary measures to not cause damage to production, life and adverse effects on the environment, flow, traffic; and more.

c) The land user is responsible for returning the right land to the process of extraction of raw materials and ground states prescribed in the land lease.

4. Strict use of the following soils to exploit as raw material for the production of tile tiles, making pottery:

a) The land has a history of history-culture, scenic landmarks that have been ranked or given by the Provincial People's Committee, the central city of the Central Committee to defend;

b) The land is within the scope of the safe protection of the building.

5. In the process of using the soil to exploit the raw material for the production of tile tiles, making pottery, the land user must apply the appropriate technological measures to exploit, use reasonable land, save it; must take necessary measures to not cause the use of the soil. damage to production, the life of those using the surrounding land and not adversely affecting the environment.

What? 155. Land uses public purposes; the land to implement construction project-transfer and construction projects-business-transfer-transfer to the United States.

1. The use of land on public purposes must be consistent with the planning, land use plan, urban building planning, the planning of building a rural residential point that has been approved by the state authority.

2. For the land used for public purposes to set up construction details, which defines the functions used for public purposes with no business purpose and the functions of use for business purposes with the purpose of economic purposes. Business.

For non-business-purpose land, the State of the Land does not collect land use as specified in Article 54 of this Law; it is of business purposes, the State for the lease of the land by regulation at Article 56 of the Law.

3. The state handed over the investment management investor land to implement the construction project-transfer (BT); land delivery or land lease to the investor to implement the construction project-business-transfer (BOT) and other forms according to the law ' s regulations. the law on investment.

4. The government regulates this.

What? 156. Air port, civil airport.

1. The land of service for civil aviation activity at the port of aviation, the airport includes:

a) The land of construction of the headquarters of the state governing body that operates regularly in the port of aviation, the airport;

b) The land of construction of the aviation port structure, the airport includes land to build landing roads, taxiways, airport parking facilities, flight maintenance facilities, air security guarantees, airport emergency, fences, roads, roads, roads and roads. internal port and works, the other auxiliary area of the airport;

c) Land construction facility, aviation service business in airline port, airport;

d) Land construction of the non-aviation service business.

2. The port of aviation is not authorized by the People's Committee of the provinces, plans for land use and air port planning, the airport has been approved by the state agency. Land-use certification, housing ownership and other property attached to the land for civil aviation operations in the port of aviation, the airport is granted to the Port Authority.

3. Based on the planning, land use plan approved by the state governing body for civil aviation, the Port Authority of the Air Service does not collect land use, lease land by the following regulations:

a) Land that does not collect land money on land specified at point a and point b 1 This Article;

b) The land lease land lease annually to the land specified at the point c and point 1 This Article. The calculation of the land lease and the collection of land rent is carried out by the provisions of this Law.

4. Organization, individuals who use land at the port of aviation, the airport has the following rights and obligations:

a) to use the land of the right purpose; and not to be converted, and to give, and to give, and to give it to the power of the land, and to the mortgage, to the right of the land;

b) Used by its own property attached to the leased land so that the mortgage was allowed to operate in Vietnam; it was sold, leased to the property, financed by its own property attached to the lease.

5. The government regulates this.

What? 157. The land builds public works that have safe safeguards.

1. The land of building a public building has a safe safeguarding corridor including land that builds transportation systems, irrigation, dikes, water systems, drainage systems, waste disposal systems, electrical conducers systems, oil conducts, gas conducts, communications, and information. And the land in the lobby protects these works.

2. The use of public building land with safe safeguarding corridors must guarantee a combination of both aerial and ground-based mining, the layout that combines the types of work on the same land that aims to save the land and must follow the same regulations. The law is concerned with the protection of the safety of the building.

3. The person who is using the land is legally recognized that the land is in the corridors of the safety of the building, which continues to use the land under the right purpose of being identified and unimpediable for the protection of the building safety.

In the case of land use affecting the security of the building, the owner of the building and the use of the land must be remedied, if it is not fixed, the State revoked the land and compensated by the rule of law.

4. The agency, the direct organization that manages the park with a safe protection corridor responsible for publicly public safety of the park safety lobby, is responsible for the protection of the safety of the work; the case of public safety protection. Overcrowing, seizing, unauthorized use, it must be timely and requires that the People's Committee of the People's Committee, which has a safe, secure security corridor, use unauthorized use to handle.

5. The people ' s committee of places whose work has a safe protection corridor that is responsible for coordinating with the agency, the organization directly managing the propaganda work, disseminalization of the law on the protection of the work; public publication of the land use in the country. The corridors protect the safety of the building; in time of handling the overcrowing, occupying, unauthorized use of the corridors protection of the building.

6. The government regulates this.

What? 158. Earth has a history of history-culture, scenic scenic

1. The land with a historical-cultural heritage, scenic, scenic, or provincial committee decision to protect, must be governed strictly by the following regulations:

a) For the land of historical and cultural heritage, the scenic, household, individual, individual, community of people directly governed by the laws of cultural heritage, the organization, the household, the individual, the community is responsible for. It ' s in the use of land that has a history of history-culture, scenic, and landscape.

b) For land with a history of history-culture, scenic nomes are not defined at this point, the Social People's Committee, which has a history of history-culture, scenic reputation, is responsible for the management of the land area. History-culture, scenic,

c) For the land with a history of history-culture, an overcrowded scenic, occupied, used non-purpose use, using illegal use of law, the Chairman of the Committee on the Social People's Committee, where the land is responsible for finding, preventing and handling in time.

2. In the special case it is necessary to use land that has a history of history-culture, scenic entry to other purposes then the transfer of the target must be consistent with the planning, land use plan has been approved by the state agency and must be approved. has a written approval of the state agency with the authority to decide ratings for historical-cultural heritage, the scenic, the scenic.

What? 159. Religious grounds.

1. The country's religious base includes temples, churches, chaphouses, saints, mosques, Buddhist temples, monasteries, religious schools of religion, the headquarters of the religious organization, other institutions of the state that are permitted to operate by the State.

2. The provincial People's Committee is based on the state's religious policy, the planning, land use plan that has been approved by the state agency that determines the land area for religious grounds.

What? 160. The land of faith.

1. The land of worship covering the land has a suspension, temple, shrine, am, from the road, their church.

2. The use of religious land must be the right purpose, in accordance with the planning, land use plan, urban building planning, the planning of building a rural residential point that has been approved by the state authority.

3. The construction, expansion of the suspension, temple, shrine, am, from the road, the community church of the community must be allowed by the state authority to have jurisdiction.

What? 161. Underground building ground

1. The use of the land to build underground work must be consistent with the planning of underground construction, planning, land use planning, and other relevant planning has been approved by the state agency.

2. The Provincial People 's Committee decides to land the land, lease the land to build the underground work under the Government' s regulations.

What? 162. Land as cemetery, graveyard.

1. Land as a cemetery, the graveyard has to be planned into a concentration district, in accordance with the land use planning, far from the residential area, convenient for burial, visitation, sanitation, environmental assurance and soil savings.

2. The provincial committee of the provincial population regulates the extent of the land and the administration of the construction of the tomb, the monument, the memorial beer in the cemetery, the guarantee of saving and the policy of encouraging the burial of no land.

3. Serious cemetery of cemetry, cemeal graveyard with planning, land use plan has been approved by the state agency.

What? 163. Rivers, rivers, canals, streams, streams, and water.

1. The base for the purpose of use is primarily identified, the land, rivers, canals, streams, streams, and water items that are administered and used by the following regulations:

a) The state of the organization for the organization to manage the combination of use, land mining is specialized in non-agricultural or non-agricultural purposes combined with aquacal farming and mining;

b) The state lease the land, the trigger, the channel, the incision, the annual rent stream for the economic organization, the household, the individual to feed the fisheries;

c) The state lease of rivers, rivers, canals, streams, and streams of land rent annually to the Vietnamese residing abroad, the business has foreign investment to carry out the investment project for aquacoproducts.

2. The exploitation, use of rivers, rivers, canals, streams, streams, and the dedicated water must not affect the purpose of use primarily as defined; subject to the technical regulation of industries, relevant fields, and conservation regulations. Landscape, environment; not obstructs natural flow; not obstruct traffic.

Section 4

EARTH HASN ' T USED

What? 164. Land management not used

1. The Social People ' s Committee is responsible for the management, protection of the land that has not been used locally and registered to the main site.

2. People ' s Provincial Committee of the Department of Land Management has not yet been used in the uninhabited islands.

3. The land management has not yet been used by the Government.

What? 165. The land is not used in use.

1. Based on the planning, land use plan has been approved by the state agency, the People ' s Committee of Planning Grants, Exploitation, Rehabilitation, Land Reclamation to bring the land not used in use.

2. The state encouraged the organization, household, private investment to bring the land not used to the planned use, the plan to use the land was approved by the state agency.

3. For the land area used for agricultural purposes, the priority of the household, the direct individual producing agriculture, forestry, aquacal farming, as a salt in the locality has not been given land or the lack of land produced.

Chapter XI

RIGHTS AND OBLIGATIONS OF THE LAND USE

Item 1

GENERAL REGULATION

What? 166. The general rights of land users

1. Being granted the use of soil use, property rights in and other property attached to the land.

2. Enjoy the labor results, the investment results on the soil.

3. Enjoy the benefits caused by the state ' s work serving the protection, reclamation of agricultural land.

4. Being instructed by the State and helped in the renovation, the restitution of agricultural land.

5. Being protected by the State when others invade the right, the legal benefit of its land.

6. Be compensated when the State revoked the land according to the rule of this Law.

7. Complefactors, denouncing, charges against violations of the right to use their legal land and other acts of violation of land laws.

What? 167. The right to convert, transfer, lease, lease, inheritance, donate to, mortgage, capital to the use of land.

1. The land user is made of conversion, transfer, lease, lease, inheritance, inheritance, mortgage, mortgage, and land use by the law.

2. The group of people using the land that has the same rights to use the land has the rights and obligations as follows:

a) The group of people who use the land include household, personal, rights and obligations as the rights and obligations of the household, the individual according to the rules of this Law.

The case in the group of land users whose members is the economic organization is entitled and obligations as the right and obligations of the economic organization under the provisions of this Law;

b) The case of the group of people using the land where the right to use the land divided is in part to each member of the group, if each member of the group wants to exercise the right to its land rights, the procedure must carry out the procedure. The procedure for the use of land, property rights, and property is associated with the land and is granted the rights and obligations of the use of the land by the rule of the law.

The right to the use of land rights of the non-partied land use is in part, the proxy for the representative to exercise the rights and obligations of the land-using group.

3. The testimony, contract evidence, the text of the implementation of the rights of the land user performed as follows:

a) A transfer contract, to the mortgage, to the mortgage, to the right to use the land, the right to use land and property attached to the land must be witnessed or corroborated, except for the case of the real estate business stipulated at this b point;

b) Contract lease, land use rights, land and property rights tied to the land, the contract to convert the use of agricultural land; the transfer of land rights to land use, land use and property attached to the land, property attached to the land. With the land on which one side or the parties involved in the transaction is to organize the real estate business or corroborate the requirements of the parties;

c) The inheritance of the right to the use of the land, the use of land and property tied to the land of the testimony or of the testimony according to the law of the people;

d) The implementation of the implementation of the organization of evidence, the implementation of the Social People's Committee.

What? 168. The time is taken by the rights of the land user

1. The land user is given the rights to transfer, to rent, to rent, to the mortgage, to the mortgage, which funds the right to use the land when there is a certificate. For the transfer of the right to use agricultural land, land users are implemented after the decision to land, lease land; the case of recognizing the right to use the land the land use is carried out when there is a certificate. received or qualified to grant the Certificate of Use of the Land, the ownership of the housing and other property attached to the land.

Where the person who uses the land is slowly carrying out a financial obligation or is credited with a financial obligation to perform a financial obligation prior to the implementation of the rights.

2. The time the person making the transfer of land use in the investment project builds housing business in order to sell or lease; transfer of land use simultaneously transfer of the entire project to the investment project building infrastructure to move to the ground. concession or lease after a Certificate of Certification and to have sufficient provisions in accordance with Article 194 of this Law.

What? 169. Accept the right to use the land

1. The recipient of the authority to use the land is prescribed as follows:

a) Household, individuals are receiving the transfer of the right to agricultural land through the transfer of regulatory land rights at the b point 1 Article 179 of this Law;

b) Economic organization, household, individuals are receiving the right to use the land through receiving the use of land use, unless the case stipulated at Article 191 of this Law; the Vietnamese residing abroad are receiving the right to use the land via the law. It ' s a transfer of land rights in industrial areas, industrial clusters, manufacturing zones, high-tech areas, economic zones. Businesses with foreign investment are receiving investment capital transfers which are the value of land use under the Government ' s provisions;

c) Organization, household, individual, residential community are receiving the right to use the land through the recipient of the right to land use by regulation at point 2 Article 174 and point E 1 Article 179 of this Law, minus the specified case at Article 191 of the Law. This law.

d) Organizations, households, individuals, communities of the population are receiving the right to use the land through the adoption of the right to land use;

The Vietnamese settled abroad in Vietnam, under the rule of the law of housing, was granted the right to use the land in the form of purchase, purchase, inheritance, to receive housing, and to the right of the land. in or is given the right to use land in housing development projects;

e) The economic organization, the joint venture capital that receives the right to use the land through capital recognition by the use of land;

g) Organization, households, individuals, residential communities, religious grounds, Vietnamese residing abroad receive the right to use the land through the State of the Land; businesses have foreign investment in recognition of land use through the State of the State of the Republic. land to carry out housing construction projects in order to sell or to sell combinations for rent;

h) The economic organization, the organization of its financial autonomy, the household, the individual, the Vietnamese residing abroad, the business that has foreign investment, foreign organizations whose diplomatic function is entitled to use the land through the House. The water for the land,

i) Organization, households, individuals, communities of people, religious institutions that are entitled to use the land through the state recognition of the right to use land on land is in stable use;

) Organization, households, individuals, Vietnamese settlers residing abroad, the business with foreign investment was granted the right to use land as a result of a settlement of the land dispute granted by the People's Committee, which is authorized by the Commission of the People. The mortgage of the mortgage, the decision of the state agency to settle the dispute over land disputes, complaints, charges of land, decision, or conviction of the People's Court, decided to enforce the execution of the execs of the execution body; the office of the government. The recognition of the results of the auction of land rights in accordance with the law; the text of the separation of rights of land in accordance with the law to the household. They shall have the right to use the land;

l) The residential community, the religious establishment, was given the right to use the land as a result of the reconciliation of the land dispute granted by the People's Committee; the decision of the state authority to take authority on the settlement of land disputes, complaints, denouncing the land, decision or conviction of the People ' s Court, the decision to enforce the execution of the execs of the execs;

m) The organization is the new human being formed through the separation or merger of the decision of the agency, the competent organization or the text of the split or the incorporation of the economic organization in accordance with the law being entitled to use the land from the institutions. The office was split or merged.

2. Household, the individual receiving the transfer of land use is not dependent on the residence, except for the specified case at paragraph 3 and paragraph 4 Articles 191 and Article 192 of this Law.

What? 170. The common obligation of the land user

1. Use the right land, the right boundaries of soil, the right to use the depth in the ground and height above, protect the public works in the ground and follow the other provisions of the relevant law.

2. Do the registration of land registration; full procedure of conversion, transfer, lease, lease, inheritance, to the right to use land; mortgage, capital to the use of land under the rule of law.

3. Do the financial obligations under the rule of law.

4. Land protection measures.

5. Follow the environmental protection regulations, do not harm the legitimate interests of the relevant land users.

6. Follow the laws of law on finding things in the ground.

7. Deliver the land when the State has a decision to recover the land, when the expiration of the land use is not used by the state authority.

What? 171. The right to use restrictions on adjacent land

1. The right to use restrictions on adjacent land includes access to the walkway; level, drainage; water water, water consumption; gas level; power lines, communications and other needs are legally required on adjacent land.

2. The identification of the limited use of the adjacent land by the provisions of the civil law and the required implementation of the registration in accordance with Article 95 of the Law.

What? 172. The option to choose to pay land rent

1. Economic Organization, a career organization for financial autonomy, household, personal, Vietnamese residing abroad, the business with foreign investment capital regulation at paragraph 1 Article 56 of this Law is chosen to form a lease of land rent. Every year or so I can rent a land rent once for an entire time of rent.

2. Economic Organization, the organization of its financial autonomy, households, individuals, Vietnamese settlers overseas, businesses with foreign investment are being paid by the state to pay land rent annually to rent land. lease land once for both the lease period and must redefine the specific land price to charge the land rent at the time of the decision to allow the transfer to lease land in the form of a lease of land once for both the lease period according to the rule of law.

Item 2

RIGHTS AND OBLIGATIONS OF THE ORGANIZATION USING LAND

What? 173. The organization ' s rights and obligations are not collected by the state of the land.

1. The organization is not collected by the State of the State for the use of the right land and the general obligation stipulated at Article 166 and Article 170 of this Law.

2. The organization of the state of the State of the Land not to collect the use of the land without the right to convert, transfer, to the lease of the land; the mortgage, which is used by the use of the land; it shall not be compensated for the land when the State recuperate the land.

What? 174. The organization ' s rights and obligations have been used by the State of the Land to use land, lease land rent land once for both the lease period.

1. The economic organization is used by the State of the State to use the land, lease land deposits once for both the lease duration and the general obligations stipulated at Article 166 and Article 170 of this Law.

2. The economic organization that is used by the State of the State to use the land, lease land to rent land once for both the time and the provision of regulation at one Article and the following rights:

a) to transfer the right to the land, and to the possession of his possession, to the land;

b) The lease of land use, property owned by itself attached to the land for the case of the land delivered by the State of the land; for the lease of land use, the property owned by its possession is tied to the land for the case. The lease of the land rent land once for a time of rent;

c) to the right to use the land for the state; to the right to use the land for the community of the people to build the work of the common interests of the community, and to give it to the house that is bound to the land according to the law;

d) By the use of land, property owned by itself attached to the land at credit organizations allowed to operate in Vietnam;

Capital of the land, property owned by its possession attached to the land for manufacturing cooperation, business with organization, individual, Vietnamese residing abroad, the business has foreign investment in accordance with the rule of law.

3. The organization of the self-financed public establishment is paid by the state to pay land rent once for the entire time the lease of the land paid no source from the state budget is entitled and the obligation stipulated at 1 and paragraph 2; the implementation of the right to the written approval of the competent state authority.

The event of a financial institution for the self-government was paid by the state to pay land rent once for the amount of time the lease of the land paid from the state budget was entitled and the obligations stipulated at Article 173 of this Law.

4. The organization is used by the State of the State to pay land use, lease land to pay land rent once for a whole time of lease but is exempt from the use of land, land rent, and the following obligations:

a) The case is given by the State of the State, to the land lease to implement the housing business construction project that is exempt from or reducing land use, land rent is entitled and obligations under the law of land law as the case is not exempt or otherwise. You can't reduce the money using the land, the rent.

b) The case was given by the State of the State, to the lease of the land to implement the investment project for the purposes of non-case profit stipulated at the point of a clause that was reduced to the use of land, land rent, rights and obligations under the law of law. land as if the case is not exempt or not reduced to the use of land, land rent for land has the purpose of use of the corresponding use;

c) The case is taken by the State of the State, to the land lease to carry out the investment project for the purposes of non-case profit stipulated at this point that is exempt from the use of land, land rent is entitled and obligations under the law of law. And the land is like the state that the lease of the land pay land for an annual land lease for the land that has the purpose of using it.

What? 175. The rights and obligations of the economic organization, which organizes the public career using land rent pay annually.

1. Economic Organization, the public career organization established by the State for the lease of the annual land rent land that has the following rights and obligations:

a) the right and common obligations specified in Article 166 and Article 170 of this Law;

b) The mortgage of its possession attached to the lease land at credit organizations is allowed to operate in Vietnam;

c) Sell the property owned by itself attached to the land leased when there is sufficient regulatory conditions at Article 189 of this Law; the buyer of the property that continues to lease land by purpose has been defined;

d) Contributs to the property owned by itself attached to the leased land; the recipient of capital by the State continued to lease land by the purpose of the specified purpose;

So the lease of land in the form of an annual lease on land was built to the land that was built up to the infrastructure of the land that was allowed to invest in the construction of infrastructure for industrial land, industrial clusters, and manufacturing. High tech, economic zone.

2. Economic Organization, a public career organization that uses the organization's tenants, households, individuals outside the industrial zone, industrial clusters, institutions, and obligations under the rule of civil law.

What? 176. The rights and obligations of the economic organization receive the use of land, the purpose of using the land.

1. The economic organization receives the transfer of land use, the purpose of using the right to land rights and the general obligations stipulated at Article 166 and Article 170 of this Law.

2. The economic organization that receives the transfer of land to the use of land derived by the State of the United States or the State for the lease of land or the lease of the land paid to pay before the money once for the time of the lease of the land, the land rent paid no source from the bank. State books are entitled and obligations stipulated at 2 Article 174 of this Law.

3. Economic Organization to transfer the use of agricultural land under the rule of law then has the following rights and obligations:

a) The case of transfer and non-transfer of land use is entitled and the obligation stipulated at paragraph 2 Article 174 of this Law;

b) The case of receiving transfer and the purpose of using the land that is in the case of the State of the State for the use of the land or lease of land to pay land rent once for a lease period is entitled and the obligation stipulated at 2 Article 174 of the land. This law.

c) The case of receiving transfer and the purpose of using the land that is in the case of the State for the lease of the land for rent annually is entitled and the obligation stipulated at Article 175 of this Law.

4. The rights and obligations of the economic organization using the land are authorized by the state authority to allow the purpose of transferring the land from the non-harvested land using land to the land that has the land or lease of the land specified as follows:

a) The case of economic organization being used by the State of the State for the use of land or lease of land deposits once for all time of lease is entitled and the obligation stipulated at paragraph 2 Article 174 of this Law;

b) The case of an economic organization leased by the State for the lease of the land annually has the right and obligations stipulated at 1 Article 175 of this Law.

What? 177. The rights and obligations of the economic organization receive capital by the use of land; the right to use the land of economic organization when dissolved, bankruptcy.

1. The economic organization that receives capital by the use of the land of the household, the individual, the other economic organization has the right and obligations stipulated at Article 174 of this Law in the following cases:

a) The land of the economic organization that contributes to the origin of the state by the State of the State, which has been used by the State or the State for the lease of the land rent by the lease of the land once for the time of the lease, due to the transfer of the land rights;

b) The land of the household, the individual who contributes to it, is not the land leased by the State for rent annually.

2. The right to use the land of the cooperative when dissolved, the bankruptcy is done according to the following regulation:

a) For the land delivered by the State of the Land not to collect money from land use; by the State of the Land, which would collect money from land, to lease land, to purchase property attached to the land or to receive a transfer of the right to the right of the land, the money used by the land, the rent of the land, the rent. The land, the money that buys property tied to the land, the transfer of land rights to the state budget, the state receding the land.

b) For the land taken by the State of the land, land deposits, rent land paid once for a whole time of lease, due to the purchase of property attached to the land or receiving a transfer of the right to the legal land from another person to which the money uses land, land rent, money purchased The property is tied to the land, the money that transfers the right to land without the origin of the state budget; the land is used by a member of the state, and the state does not recover the land, the right to use the land as a cooperative and is treated accordingly. It ' s a cooperative, the resolution of the member congress.

3. The right to use the land of the economic organization is to be business when dissolved, bankruptcy is processed under the rule of law.

What? 178. The rights and obligations of the economic organization are leased land to build underground work.

The economic organization was leased by the State to invest in the construction of the underground building, which has the following rights and obligations:

1. The lease of land that pays land rent once for both the lease period is entitled and obligations as the economic organization stipulated at the 1, 2 and 4 Articles 174 of this Law;

2. The land lease case that pays the land rent annually has the right and obligations as the economic organization stipulated at 1 Article 175 of this Law.

Section 3

THE RIGHTS AND OBLIGATIONS OF THE HOUSEHOLD, PERSONALLY, THE RESIDENTIAL COMMUNITY USE THE LAND.

What? 179. Household rights and obligations, the individual uses the land.

1. Household, personal use of agricultural land is given by the state; the land is used by the State to collect land, lease land to pay land once for rent, the state recognizes the use of the land; the land receives conversion, receiving the transfer, receiving it, acknowledging the following rights and obligations:

a) the right and common obligations specified in Article 166 and Article 170 of this Law;

b) Transaction the use of agricultural land in the same township, ward, town with household, other personal;

c) Transfer of land use by law;

d) For the organization, households, other individuals, Vietnamese settlers residing abroad in Vietnam for use of land use;

The individual uses land with the right to inherit its use of the land according to the will or under the law.

The household is given by the State of the Land, if a member of the household is dead, the right to use the land of the city to inherit the will or by the law.

The case of the heir being the Vietnamese who settled abroad in the subject of regulation at paragraph 1 Article 186 of this law was inherited from the right to use the land; otherwise the subject of regulation at 1 Article 186 of the Law was entitled. the value of the inheritance;

e) To the use of the land by regulation at the point of paragraph 2 Article 174 of this Law; for the right to use the land for household, individual or Vietnamese residing abroad under the specified object at paragraph 1 Article 186 of this Law;

g) The adoption of land use at the credit organization is allowed to operate in Vietnam, at another economic organization or individual according to the rule of law;

h) Contributs to the use of land with organization, household, personal, Vietnamese residing abroad for manufacturing, business;

i) The case of the return of the land to implement the project has the right to self-invested in the land or to the owner of the land-use project, which has been used by the right to use the land with the capital of the project to implement the project under the Government's regulations.

2. Household, the individual is leased by the State for the annual rent of land rent with the following rights and obligations:

a) the right and common obligations specified in Article 166 and Article 170 of this Law;

b) Sell the property owned by itself attached to the rent land; the buyer of the property that continues to lease the land by purpose has been defined;

c) To inherit, donate to the property owned by itself attached to the land of rent; the recipient of the inheritance, who is given to the property that is continued by the State to lease land by purpose has been identified;

d) To rent the property of his possession attached to the land of the law, according to the law of the people;

Mortgage-based assets attached to the land leased to the credit organization were allowed to operate in Vietnam, at other economic or individual organizations according to the rule of law;

e) Contributo by property owned by itself attached to the land leased during the lease of land to the organization, household, personal, Vietnamese residing abroad for the production of manufacturing, business; the recipient of capital by the State continued to the public. lease land on purpose already defined.

3. Household, the individual renting the land in the industrial zone, the industrial cluster, the production district has the following rights and obligations:

a) The land lease, the lease of the land that pays the land rent once for the entire lease period, the right and the obligation to rule on this one thing;

b) The land lease case, the lease of the land for rent annually, has the right and obligations stipulated at paragraph 2 of this.

4. Household, personally delivered by the State of the State, lease land that is exempt from, reducing the use of land, land rent is entitled and obligations as the case is not exempt, do not reduce land use, land rent.

5. Household, personal use of the organization's tenants, households, individuals not under the prescribed case at paragraph 3 This has the right and obligations under the rule of civil law.

What? 180. The rights and obligations of the household, the individual who turns the purpose of using the land from the uncollected land using land to the land that collects land or land lease.

1. Household, the individual who turns the purpose of using the land from the uncollected soil using land to the land that collects land or land lease has the right and common obligations stipulated at Article 166 and Article 170 of this Law.

2. The rights and obligations of the household, the individual who uses the land is authorized by the state authority to allow the purpose of transferring the land from the uncollected land using land to the land that collects land or land lease prescribed as follows:

a) The case of the land delivered by the State of the State for the use of land or lease of land deposits once for both the lease period is entitled and the obligation stipulated at 1 Article 179 of this Law;

b) The case is leased by the State for an annual lease of the land, which is entitled and obligation stipulated at paragraph 2 Article 179 of this Law.

What? 181. The rights and obligations of the religious establishment, the residential community uses land.

1. Religious grounds, the residential community that uses land with the same rights and obligations stipulated at Article 166 and Article 170 of this Law.

b) The religious base, the residential community that uses the unconverted land, the transfer, the lease, gives to the right to use the land; not the mortgage, which contributes to the use of the land.

Section 4

THE RIGHTS AND OBLIGATIONS OF THE VIETNAMESE SETTLEMENT ABROAD, THE EXTERNAL ORGANIZATION OF DIPLOMATIC FUNCTION, THE BUSINESS WITH FOREIGN INVESTMENT IN USE OF THE COUNTRY.

What? 182. The rights and obligations of the foreign organization have diplomatic functions.

1. The foreign organization whose diplomatic function uses land in Vietnam has the following rights and obligations:

a) the right and common obligations specified in Article 166 and Article 170 of this Law;

b) Building the works on land under the license of the authority of the Vietnamese state authority;

c) Property ownership of the building on land leased during the lease of land.

2. The case of international treaties in which the Socialist Republic of Vietnam is another regulated member, foreign organization has the right to diplomatic functions and obligations under that international treaty.

What? 183. The rights and obligations of the Vietnamese settled abroad, the business that has foreign investment capital use land to implement the investment project in Vietnam and Vietnam.

1. The Vietnamese who settled abroad on investment in Vietnam were delivered by the State of Vietnam to have the use of the land with the following rights and obligations:

a) the right and common obligations specified in Article 166 and Article 170 of this Law;

b) Rights and obligations specified at paragraph 2 Article 174 of this Law.

2. The Vietnamese settled abroad, the business with foreign investment was leased by the State of Vietnam for the following annual rent of land, which has the following rights and obligations:

a) the right and common obligations specified in Article 166 and Article 170 of this Law;

b) The mortgage by its own property attached to the land leased to the credit organizations is allowed to operate in Vietnam; the equity of its own property is tied to the lease, the recipient of the property by the State for the lease of the land. according to the right purpose was determined in the rest of the time;

c) Sell the property owned by itself attached to the land leased when there is sufficient regulatory conditions at Article 189 of this Law;

d) A housing rent in the event is allowed to invest in building housing business.

3. The Vietnamese settled abroad, the business with foreign investment was leased by the State of Vietnam to land rent land once for a whole time of lease; the business with foreign investment was used by the State of Vietnam. land to carry out the project with the following rights and obligations:

a) the right and common obligations specified in Article 166 and Article 170 of this Law;

b) Transfer of land use, property owned by itself attached to the land in the time of land use;

c) For rent, the lease of the right to use the land, the property owned by itself attached to the land in the time of the land use;

d) Mortgage to land use, property owned by itself attached to the land at credit organizations allowed to operate in Vietnam during the time of land use;

Capital of the land, property owned by its possession attached to the land for manufacturing cooperation, business in the time of land use.

4. The business with foreign investment has the use of land formed by foreign investors purchasing the shares of Vietnam ' s business, which has the following rights and obligations:

a) The case of a business with foreign investment capital is due to receive a share of the equity transfer as a business of 100% foreign investment capital or business with foreign investment that foreign investors occupy a dominant share of the law in accordance with the law. The business of businesses is that the business has foreign investment that has the rights and obligations of regulation at paragraph 2, paragraph 3 This corresponds to the form of payment of land use, land rent;

b) The case of business with foreign investment capital in the form of an equity transfer is the business that the Vietnamese side accounts for the proportion of the dominant share in terms of the law of the business, the business with foreign investment has the right and the Obligations as the economic organization stipulated at Article 174 and Article 175 of this Law.

5. Vietnamese settlers overseas, businesses with foreign investment capital use land to carry out investment projects in Vietnam, land-paid land lease land once for a lease period but are exempt, reducing the use of the land. Land, land rent is entitled and the obligation stipulated at paragraph 4 Article 174 of this Law.

What? 184. The rights and obligations of the venture-based business use the land due to capital use by land use; the 100% business capital investment is transformed from the joint venture business.

1. Enterprise joint venture between foreign organization, foreign individual, Vietnamese residing abroad with the economic organization that the economic organization that contributes to the use of land, the joint venture business has the right and obligations of regulation at Article 174 of the country. This law in the following cases:

a) The land of the economic organization that has been funded by the State of the State, which has been used by the State for the use of the land, to pay the land to pay the land rent once for all the time that the money used the land, the land rent has not been derived from the state budget;

b) The land of the economic organization that contributes to the transfer of land use is not the lease of the state to pay the annual land rent that the money paid for the receiving of the transfer is not derived from the state budget.

2. The state business was leased to the land by the state before July 1, 2004, which was used to value land use as a state budget for the business, not to record debt and not reimbursable land rent under the law. The land law to venture capital to foreign organizations, foreign individuals, has the right to a joint venture, the obligation stipulated at Article 174 of this Law. The value of land use is the capital portion of the State that contributes to the venture business.

3. The Vietnamese who settled abroad were used by the State of the State to collect land money, lease land to pay land once for the entire time of lease, which was funded by the use of land as an economic organization in the country into a joint venture with the organization of the country. In addition to foreign individuals, the joint business has the right and obligations of regulation at Article 174 of this Law.

4. The joint venture capital that the Vietnamese government contributes to the use of land now transformed into a business with 100% of the foreign capital that has the following rights and obligations:

a) Rights and obligations under the stipulation at paragraph 2 Article 183 of this Law for the case of land use due to non-case capital gains previously not used to implement housing investment projects for sale and the business of 100% of foreign capital is Home. The lease of the land to the land of the lease annually by the provisions of Article 56 of this law;

b) Rights and obligations under the stipulation at paragraph 3 Article 183 of this Law for the case of land use due to non-case capital gains previously not used to implement housing investment projects for sale and enterprise 100% of foreign capital is owned by the state. The lease of the land rent land once for all the time it is leased under the provisions of Article 56 of this law;

c) Rights and obligations under the regulation at paragraph 3 Article 183 of this Law for the case of land use due to the previously used capital gains to carry out housing investment projects to sell and the business 100% of foreign capital is regulated by the State of the Land. This is the law.

What? 185. The rights and obligations of the Vietnamese reside abroad, the business has foreign investment capital using land in the industrial zone, industrial cluster, manufacturing sector, high tech sector, economic zone and industrial sector.

1. The Vietnamese who settled abroad received the transfer of land use in the industrial zone, industrial cluster, manufacturing district, high tech sector, economic zone, and the right, obligations under provisions at Article 174 of this Law.

2. Vietnamese settlers residing abroad, businesses with foreign capital investment, rehiring land in industrial areas, industrial clusters, manufacturing zones, high tech sectors, and the following areas of the economy and the following obligations:

a) The case for the lease of land lease, the lease of the land once for both the lease period, the lease has the right and obligations specified at Article 174 of this Law;

b) The case for the lease of land lease, the lease of the land annually is entitled and the obligation stipulated at Article 175 of this Law.

What? 186. The right and obligations of land use by the Vietnamese residing abroad are owned in Vietnam; foreigners or Vietnamese residing abroad are not subject to a housing purchase attached to the use of land in Vietnam.

1. The Vietnamese who settled abroad in subjects with the right to own housing in accordance with the rule of the housing law have the right to own the housing attached to the right to use the land in Vietnam.

2. The Vietnamese who settled abroad are owned by their own housing rights in Vietnam with the following rights and obligations:

a) the right and common obligations specified in Article 166 and Article 170 of this Law;

b) Transfer the use of land at the time of the sale, to inherit, to inherit, exchange housing for organizations, domestic individuals, Vietnamese settlers residing abroad in Vietnam to stay; to the housing attached to the right of land use to the State, plus the community. It ' s a population of the population, giving it to the state of Article 2 of Article 174 of this Law. As a result of this, in order to inherit the object that was not owned in Vietnam, this object only enjoyed the value of the housing associated with the right to use the land.

c) The housing mortgage attached to the right to use the land at the credit organization is allowed to operate in Vietnam;

d) The lease, the authority to manage the housing during the non-use period.

3. The case of all the heirs to the right to use the land, the ownership of housing, other property attached to the land is either foreigners or Vietnamese residing abroad who are not subject to the object purchased at the site attached to the right to use land in Vietnam. The male stipulated at this one, the recipient of the unlicensed recipient of the license to use the land, the ownership of the housing and other property attached to the land but transferred or given to the right to use the land inherited by the following regulations:

a) In the event of a transfer of land rights, the heir to the throne is named as the transfer party in the transfer of land rights;

b) In the case of the rights to the use of the land, the recipient must be the subject prescribed at the point of ree 1 Article 179 of this Law and in accordance with the rule of the law of housing, in which the recipient of the heir is named for the given. the contract or the text of the pledge.

c) In the absence of a transfer or not given to the right to use the land, the heir or representative has a written authorization text in accordance with the submission of the inheritance to the land registry to update the Register.

4. The case among the heirs with the Vietnamese who settled abroad is not subject to the object being bought in the country, with the right to use land in Vietnam, while others are recognized for the right to use land according to their provisions. The law of land that has not been divided inherited the right to use the land for each of the heirs, the heirs or the representative has the written authorization document by filing a filing of inheritance in the land registry to update the book. The main location

After the settlement was settled, the Certificate granted land use, housing ownership, and other property attached to the land to the subject of the subject granted to the certificate of land use, property rights, and other property. With the land; for the Vietnamese who settled abroad, not subject to the object being purchased, and the right to use land in Vietnam, the inheritance was settled in accordance with Article 3 of Article 3.

5. The recipient of the inheritance in the prescribed cases at point 3 and paragraph 4 This is authorized by writing to the caretaker or temporary use of the land and execution of obligations under the rule of law on the land and other provisions of the law. All right.

What? 187. The right and obligations of the Vietnamese settled abroad, the business has foreign investment capital to land the underground construction of the underground building.

The Vietnamese settled abroad, whose capital has invested foreign investment in the construction of the underground construction of the state for the lease of the country with the following rights and obligations:

1. The lease of land for rent of land rent once for both the lease period is entitled and the obligation stipulated at paragraph 3 and paragraph 5 Article 183 of this Law;

2. The land lease for land rent is entitled and the obligation stipulated at paragraph 2 and paragraph 5 Article 183 of this Law.

Section 5

EXECUTION OF THE RIGHTS OF THE LAND USERS

What? 188. The conditions of making transition, transfer, lease, lease, inheritance, inheritance, mortgage rights, and the use of land.

1. The use of the land is made of conversion, transfer, lease, lease, inheritance, inheritance, mortgage, mortgage rights, and the use of land use by the following conditions:

a) There is a certificate, except for the specified case at paragraph 3 Articles 186 and the case of the inheritance stipulated at 1 Article 168 of this Law;

b) The land has no dispute;

c) The right to use the land is not prescribed to ensure the execution of the execution;

d) During soil usage.

2. In addition to the stipulation conditions at this 1 Article, who uses land when implementing the right to transition, transfer, lease, lease, inheritance, to the right to use the land; the rights to the use of the land, capital to the right to use the land. has to be qualified by regulation at the terms 189, 190, 191, 192, 193 and 194 of this Law.

3. The conversion, transfer, lease, lease, inheritance, donation, mortgages to land use, capital to the use of land must register at the land registry and take effect since the time of registration to the main address book.

What? 189. The conditions of sale, buying property attached to the land were leased by the State for rent annually.

1. Economic Organization, household, personal, Vietnamese residing abroad, the business with foreign investment is sold property attached to the state's leased land when the following conditions are available:

a) The property attached to the leased land is legally created in accordance with the rule of law;

b) completed the construction of the right construction planning and approved investment project, approved.

2. The buyer of the property attached to the leased land must secure the following conditions:

a) There is financial competence to implement the investment project;

b) There are business professions in accordance with the investment project;

c) No violation of the land law on the land for the case was given by the State of the Land, which leased the land to carry out the previous project.

3. The buyer of the property was continued by the State to lease the land in the time of the use of the remaining land on a specific land price, using the right land that was determined in the project.

4. For the land lease case to implement the infrastructure construction project that is done by regulation at Article 194 of this Law.

What? 190. Conversion of the right to agricultural land

The household, the individual who uses agricultural land due to the State of the Land of the Land, due to the conversion, the transfer, the inheritance, is donated to the right to use legal land from others, only to be converted to the use of agricultural land in the same commune, the ward, town for household, other individuals to facilitate agricultural production and not to pay income tax from the transfer of land use and fee-to-book fees.

What? 191. Case not receiving transfer, received for the right to use the land

1. Organization, household, personal, residential community, religious base, Vietnamese residing abroad, the business that has foreign investment is not receiving the transfer, receiving for the right to use the land on the case in which the law does not permit it. transfer, donate to the right to use the land.

2. The economic organization is not receiving the transfer of the use of rice-grown land, the land of the hedge, the common land of the household, the individual, unless the case is diverted to use the land as planned, the land use plan has been made available by the state agency. The authority to approve.

3. Household, individuals who do not directly produce the agriculture that is not receiving the transfer, receive for the right to use rice crops.

4. Household, individuals who are not receiving the transfer, receive for the right to use land in, agricultural land in the area of the hedge forests, in the strict protection division, the intensive forest restoration division, if not living in the area. The jungle, the jungle, the jungle.

What? 192. The family case, the transfer individual, donated to the right to use the condition.

1. Household, individuals are living alternately within the strict protective division, the forest-intensive restoration zone, but no conditions moved out of that division are only transferred, donated to the right to use land, woodland combined. Agriculture, forestry, aquacoproducts for households, individuals living in that division.

2. Household, personally delivered by the State of the Land, agricultural land produced in the area of the hedge is only transferred, donated to the right to use land in the land of agricultural production for the household, the individual is living in the hedge forests area. Yeah.

3. Household, individuals are a minority of the land used by the State of the Land under the State Assistance Policy, which is transferred, giving the use of the land after 10 years, since the date of the decision to deliver the land according to the Government's provisions.

What? 193. The transfer conditions, which receive capital, lease the use of agricultural land to implement the production investment project, the non-agricultural business.

Economic organizations, households, individuals receiving transfers, capital recognition, lease of the use of agricultural land to carry out the production investment project, the non-agricultural business when there is sufficient following the following conditions:

1. Having the approval text of the state agency with jurisdiction over the economic organization receiving the transfer, which receives capital, employs the use of agricultural land to implement the project;

2. The purpose of use on the land of transfer receiving land, which receives capital, lease rights to land must be consistent with the planning, land use plan has been approved by the state authority;

3. For the soil that specializes in the cultivation of rice, it must be done in accordance with Article 134 of this Law.

What? 194. The transfer of the right to land use in the implementation of the housing business construction investment project; the investment project building infrastructure for transfer or lease-to-lease.

1. The transfer of the rights to land in the investment project that builds the housing business is done under the following regulation:

a) The provincial People's Committee is based on the Government's regulation on the type of urban conditions to allow the owner of the investment project to build a home business that is transferred to the right to use the land in the form of a batch after having completed its construction investment. The infrastructure and the financial service of the land;

b) For investment projects that build housing business are transferred to the use of the land attached to the full transfer or part of the project when the certification has been obtained. The recipient of the franchise to use the land must make the right investment project in accordance with the approved progress.

2. The transfer of land use attached to the full transfer of an investment project that builds the infrastructure structure for transfer or lease must meet the following conditions:

a) There are sufficient regulatory conditions at 1 Article 188 of this Law;

b) The project must build the corresponding technical infrastructures according to the progress of the record in the approved project.

3. The government regulates this.

Chapter XII

ADMINISTRATIVE PROCEDURE OF LAND

What? 195. Land-based administrative procedures

1. The administrative procedures on land include:

a) the procedure of the land, the land, the land, the land, the purpose of the land;

b) The procedure for registration of land, property attached to the land, granting the right to the use of the land, property rights, and other property attached to the land;

c) The procedure for the exchange, resupply, engagement, recovery of certificates, Certificate of housing ownership, certificates of ownership of construction work;

d) The procedure of the rights of the land of the land;

The Procedure of Coerceny Procedure, the procedure that decides to make mandatory counting decisions, forced the execution of the decision to recover the land;

e) The procedure of reconciliation of land disputes, the procedure of resolving the land dispute at the administrative body;

g) The procedure for administrative violation in the field of land.

2. The government regulates this.

What? 196. Public policy of the land.

1. The public content of the administrative procedure on land includes:

a) The authority has the authority to accept the case and pay the results;

b) Time of settlement for each administrative procedure;

c) The profile component for each administrative procedure;

d) Process and accountability for each type of administrative procedure;

The financial obligations, fees and fees submitted to each administrative procedure.

2. The opening of the specified content at paragraph 1 This performs in a regular form of listing at the agency headquarters receiving the case and returns the results; posted on the national database electronic information page on the administrative procedure, the official website, and ... the electronic news of the Provincial People's Committee, the District People's Committee.

What? 197. Execute the administrative procedure on land.

1. The ministry, the functional sector, the duty, its powers to coordinate in the direction of direction, guidance, examination of the implementation of the administrative procedure on land, the guarantee of unity between the administrative procedure of land with other administrative procedures may be found. All right.

2. The People ' s Committee is responsible for directing, guiding, examining and organizing the implementation of local administrative procedures; the regulation of coordination between local stakeholders to address the administrative procedure of land and its procedures, and to resolve the procedure. The other one is involved.

3. The Authority with the authority to address the administrative procedure on the land must perform the right sequence, procedure by regulation.

4. People who use land and others are involved in full responsibility for the fulfiler of the order, the administrative procedure of the land and the financial obligations under the rule of law.

Chapter XIII.

OVERSIGHT, INSPECTION, DISPUTE RESOLUTION, COMPLAINT, DENOUNCING AND HANDLING OF THE VIOLATION OF THE COUNTRY ' S LAND

Item 1

MONITORING, TRACKING AND EVALUATION OF MANAGEMENT, USE OF LAND.

What? 198. The oversight of the National Assembly, the People ' s Council of Nations, the Vietnam Fatherland Front, member organizations of the Front for the management and use of land.

1. Congress, the People ' s Council of the Nations to exercise oversight on management and use of the land by the provisions of the Constitution and the oversight of the oversight act of the National Assembly, the Law of organising the People's Assembly and the People's Committees.

2. The Front of the Fatherland Front, member organizations of the Front to exercise oversight on management and use of the land by the provisions of the Constitution, the Vietnam Front Law and the other provisions of the relevant law.

What? 199. Citizens ' oversight of management, use of land and land.

1. Citizens have the right to themselves or through representative organizations that exercise authority to monitor and reflect on the errors in management and use of the land.

2. The monitoring and reflection must ensure objective, honest, legal; not to take advantage of the right to monitor, denounce the non-regulation of the law, disorderly social order; be accountable to the law on the accuracy of the law. It's the news that we reflect.

3. The surveillance content of citizens in management and use of land:

a) The establishment, regulation, publication, implementation of the planning, land use plan;

b) the land delivery, the land lease, the purpose of the purpose of the land;

c) Land recovery, compensation, support and resettlement;

d) The registration of the land, property attached to the land, granting the right to the use of the land, the ownership of the housing and other property attached to the land;

The levy, the rent, the rent, the land, the land, the rent, the land, the land, the price of the land; the price of the land;

e) The implementation of administrative procedures concerning the rights and obligations of the land user.

4. The surveillance form of citizens in management and use of land:

a) Direct exercise authority through reflection, sending the petition to the agencies, who have the authority to resolve;

b) The petition to representative organizations is recognized by law so that these organizations perform oversight.

5. The responsibility of the state agency is competent to receive the opinion of citizens and the organization representing the people:

a) Test, processing, written answer by jurisdiction;

b) The application to the state authority has jurisdiction to resolve in the absence of jurisdiction;

c) The results notice for the organization, the individual has reflected.

What? 200. The system follows and reviews the management and use of land.

1. The tracking and evaluation system for land management and use is used to evaluate the enforcement of the land law, the efficiency of management and use of land, the impact of policy, law on land to economic-social and environmental. All the water and the local community.

2. The system of tracking and evaluation for land management and use of land is based on the land information system and the collection of other information from the process of law enforcement on land across the country including:

a) Information on the planning, land use plan; statistics, land inventory; land prices and land taxes; land, land lease, land acquisition, land acquisition, permit transfer of land use, land ownership certification, property rights, property rights, and property rights. with the land; the implementation of the land-based investment projects; the acceptance of the land law; examination, inspection and disposal of violations on the land of the administrative organs;

b) Information on the dispute resolution, the complaint of land;

c) Information from the process of monitoring the enforcement of the law on the land of the National Assembly and the Council of People's People's Council; the Front of the Fatherland Front and the members of the Front; the other organizations are concerned and the people;

d) The necessary information must be obtained by technology solutions including ground-based imaging from satellites, aircraft, and other vehicles; field investigations and other technical vehicles;

The necessary information from the social investigation data on management and use of land is carried out from research activities, investigations, surveys, and implementation of additional sociological investigation as needed.

3. The Environment and Environment Agency is responsible for managing the monitoring and evaluation system; the organization performs assessment of law enforcement, efficiency of management and use of land, the impact of policy, law on land to economic-social and environmental, and the environment. field across the country and local areas; assessment results are sent periodically to the Government, Congress.

4. The state agency holds the regulatory information at paragraph 2 This is responsible for providing adequate, accurate, timely, timely information for the agency to monitor and evaluate the system. The resource and environment agency is responsible for updating the information in the tracking system, which evaluated the land information system.

5. The system that monitors and reviews on management and use of land is publicly available for organizations, individuals to learn information under the rule of law.

6. The government provides details on the construction and operation of the tracking and evaluation system for the management and use of the land.

Item 2

INSPECTOR, RESOLVE THE DISPUTE, COMPLAINT, DENOUNCE AND DISPOSE OF THE LEGAL VIOLATION OF THE LAND.

What? 201. Inspector of the land.

1. Specialization of the Land Office is an inspection of the state agency ' s inspection of authority over the agency, organization, individual in the acceptance of the land law, the regulation of expertise, engineering, management of the land area.

The Ministry of Natural Resources and Environment is responsible for directing, organizing the inspection of land in the country.

The local land governing body is responsible for the implementation of the local land industry inspector.

2. The interior inspector general of the land includes:

a) The law enforcement of the land of the Committee of the People's Committee;

b) Inspects the acceptance of the law on the land of the land use and of the organization, the other individual is involved;

c) Inspects the acceptance of the regulations of expertise, a career in the field of land.

3. The land department inspector has the following duties:

a) Inspector of the law enforcement of the state agency, who uses the land in management and use of the land;

b) The detection, prevention and disposal of authority or petition of the state agency has the authority to dispose of the land laws of the land.

4. The rights and obligations of the chief inspector, inspector, civil service officer of the land department, the process of conducting the inspection of the land in accordance with the provisions of the law on the inspection.

What? 202. Reconciliation of land disputes.

1. The state encourages the parties to dispute the self-reconciliation belt or resolve the land dispute through mediation at the facility.

2. The land dispute that the disputed parties could not reconcile was sent to the People's Committee on the grounds of the disputed land for reconciliation.

3. The Chairman of the Committee on the Social People ' s Committee is responsible for organizing the mediation of the land dispute in its locality; in the course of the organization it is required to coordinate with the Communist Party Front Committee and the member organizations of the Front, the organizations. Different society. The peaceful procedure of the land dispute at the Composition Committee was carried out over a period of no more than 45 days, since the date of receiving a petition for the settlement of the land dispute.

4. The mediation must be established with the signature of the parties ' signatures and have confirmation of the unfounded reconciliation or reconciliation of the Social People's Committee. The reconciliation was sent to the disputed parties, which were held at the People's Committee on the grounds of the disputed land.

5. For the successful reconciliation case that changes the status quo on the boundary, the land user, the People ' s Committee sent a reconciliation of reconciliation to the Department of Natural Resources and Environment to the case of land disputes between households, individuals, communities and communities. They were together; they sent to the Department of Natural Resources and the Environment for other cases.

The Department of Natural Resources and Environment, Department of Natural Resources and Environment of the People's Committee on the same level decided to recognize the change of land boundary and the new level of Certificate of Use of the Land, Property Rights, and other property associated with the land.

What? 203. The authority to resolve the land dispute.

The land dispute was reconciled at the People's Committee of the People's Composition, which did not succeed, as follows:

1. The land dispute with which there is a Certificate of Acceptance or one of the provisions of Article 100 of this Law and the dispute over property attached to the land is resolved by the Court of the People;

2. The land dispute with which there is no certificate or no one of the prescribed types of papers at Article 100 of this Law is that the only option is to choose one of the two forms of land dispute resolution following the following regulation:

a) The blisters require a dispute resolution at the competent People's Committee in accordance with Article 3 of this Article;

b) To the Court of the People with authority according to the statute of the law of the people;

3. The case of the option of resolving the dispute resolution at the competent People ' s Committee, the settlement of the land dispute is carried out as follows:

a) The case of a dispute between the household, the individual, the community community together, the Chairperson of the Committee of the People's Committee of the District resolution; if it does not agree to a settlement decision, there is a right to complain to the Chair of the Provincial Committee of the Provincial People's Committee or the Court of Appeal. The people of the people, according to the law of the law of the law,

b) The dispute that one party disputes is the organization, the religious establishment, the Vietnamese residing abroad, the business that has foreign investment, the chairman of the Provincial People's Committee resolved; if it does not agree to a settlement decision, there is a right. complaint to the Minister of Natural Resources and Environment or to sue at the People ' s Court in accordance with the rule of law on administrative proceedings;

4. The person with authority to resolve the land dispute at paragraph 3 This must make a decision to resolve the dispute. The decision to resolve the dispute has the enforced effect of being approved by the parties. The case of non-approved parties will be enforced.

What? 204. Resolving the complaint, the land complaint.

1. People who use the land, who have the rights and obligations concerning land use have the right to complain, initiate administrative decisions or administrative acts on land management.

2. The procedure, the procedure of solving the decision to execute the administrative decision, administrative conduct of the land made by the law of the complaint. The procedure, procedure of solving the decision of administrative decision, administrative conduct of land carried out in accordance with the law of administrative proceedings.

What? 205. Settlement of the land.

1. Individuals have the right to denounce violations of the law on management and use of land.

2. The settlement of the alleged violation of the law on management and use of the land carried out under the rule of the law on the charge.

What? 206. Treatment for people with a violation of the land laws.

1. The person with a violation of the land law of the land depends on the nature, the degree of violation that is executed on administrative grounds or is pursued by criminal responsibility under the rule of law.

2. The person who acts in violation of land laws that damages the State, to others, in addition to being treated under the rule of law, is required to pay for the extent of actual damage to the State or to the detritiate.

What? 207. Treatment for the person with a violation of the law on land when the enforcement of the service in the land field

1. The person with a violation of the land law of the land when the execution of the service is subject to the nature, the degree of violation that is subject to disciplinary treatment or is subject to criminal liability by law on the following violations of the following violations:

a) The use of office, the right to do contrary to the rule of law in the land, lease land, the purpose of land use, soil recovery, compensation, support, resettlement, transfer of rights to land, implementation of the planning, land use plan, validation of the meaning the financial case about the land, the administration of the geopolitical profile, the administrative decision in land management;

b) The lack of responsibility in management to occur in violation of the law of land or other acts caused damage to the land resources, the rights and obligations of the land users;

c) Violation of the regulation of opinion, publication, public information; violation of sequence regulation, administrative procedure; violation of the report on reporting in land management.

2. The government regulates this.

What? 208. The responsibility of the Chairperson of the People ' s Commission in the detection, prevention and disposal of the law on management and use of land.

1. The Chairperson of the People ' s Committee is responsible for finding, preventing and handling in the time of the violations of the law on management and use of local land.

2. The chairman of the People ' s Committee is responsible for finding out, preventing and handling in time of the transfer of unauthorized land use, the purpose of using unauthorized land; detection, applying deterred and handling measures in time for the construction of new works. On the land of land, land, land, land use is not right in the locality and forces people to conduct violations of the state of the land before the breach.

What? 209. Taking over and handling the responsibility of the chief minister, the public, the officer of the land management agency of the ranks and the township government in violation of the order of the execution of administrative procedures.

1. Organization, individual when found public, the official body of the land management agency, the township public, the ward, the town in violation of the regulations on the order, procedure, deadline for land delivery, land lease, allows for the purpose of the transfer of the land. The land, the recovery, the procedure for the use of the land user, the certificate level, the right to send a petition to the authority under the following regulations:

a) For the violation of the township public, the ward, the town sends a petition to the Chairperson of the People's Committee;

b) For the violations of the public, the officials of the governing body of the land sent petitions to the head of the governing body of the land.

c) For the violation of the head of the office of land management, send petitions to the Chairman of the Committee on the same level.

2. During a period of no more than 30 days, since the date of receiving the petition, the Chairman of the People's Committee or the head of the authority of the land governing body of the land specified at 1 This is responsible for consideration, settlement, and informing the person with the knowledge.

Chapter XIV.

EXECUTION CLAUSE

What? 210. Transfer clause

1. The person who was leased to the land lease before July 1, 2004 paid land rent for both the lease period or paid to land rent for many years that the lease period paid the remainder of at least 05 years, the economic organization had rights and obligations. specifies at Article 174 of this Law; households, individuals with the right and obligations of regulation at paragraph 1 Article 179 of this Law.

2. The investor case was leased by the State for a land rent annually to invest in construction, industrial infrastructure infrastructure, industrial cluster industrial cluster, which had leased land-leased land-based infrastructure. for both the time of lease before the law is enforced, it must pay for the state by government regulation; the tenant of the land has the right and obligations as the State for the lease of the land paid once for both the lease period after the investment. Enough money to rent land on a state budget.

3. Household, individuals directly producing agriculture that have been given land, recognized the right to use the land, receiving the right to use agricultural land before the law is effective, at the end of the land use if there is a need to continue to use. The land is under the rule of Article 126 of this Law. The term of land use was calculated from 15 October 2013 for the expiration date of 15 October 2013 under the provisions of the Land Law of 2003; as of the expiration date of the land deadline for the expiration date of 15 October 2013.

4. Family support, individuals who use agricultural land prior to this Law date to be effective without receiving a Certificate of Certificate, the term of land use when issuing a Certificate of Identification from the Law Day is valid.

5. For the land assigned by the State to the Economic Organization to generate capital construction by the project, the land originated in the auction of land rights before July 1, 2004 of the economic institutions used without determining the time of land use. The shelf life is carried out by government regulation.

6. For projects, the category has been paid for compensation, support, resettlement prior to the date of the Law to take effect without applicable to the provisions of the Law. In the case of projects, the category approved the compensation, support, resettlement, or resettlement of compensation, support, resettlement under the approved method before the law was implemented in accordance with the procedure. approval, not applicable to the provisions of this Law.

7. For the case of land delivery, land lease, land purpose transfer, the recognition of the right to use the land before this Law Day is effective that the land user has not completed financial obligations, then the time of charge of land use, land rent. according to the government regulations.

8. Household, the individual who is using an area of agricultural land that is delivered to the extent before the law is enforced, it must be transferred to land by law.

9. The government regulates the handling of certain cases which are using land violation of land laws and cases that have secured the right to use the land before the law is enforced.

What? 211. Performance Performance

1. This law took effect from 1 July 2014.

Rule of Land. 13 /2003/QH11 And the digital resolution. 49 /2013/QH13 The June 21, 2013 Parliament of the National Assembly on the long-term extension of the annual crops of crops, the breeding ground for the aquacoship, the household salt, the individual's total effect since the date of the Law is in effect.

2. Repeal Article 57 of the Civil Rights Act Vietnam 66 /2006/QH11; Article 2 of the Law No. 34 /2009/QH12 modified, Additional Article 126 of the Home Law and Article 121 of the Land Law; Article 4 of the Law No. 38 /2009/QH12 amended, the addition of some of the provisions of the laws relating to basic building investment; Article 264 of the Law of Digital Action. 64 /2010/QH12; the regulations on land requisation in the Law of Procurement, the number of property properties 15 /2008/QH12.

What? 212. Detailed rules

The government provides details of the provisions, which are assigned to the Law.

__________________________________________________________________________

The law was held by the National Socialist Republic of Vietnam XIII, the 6th session through November 29, 2013.

President of Congress.

(signed)

Nguyen Gung Xiong