Decree 84/2007/nd-Cp: Additional Rules Regarding Certificate Of Right To Use Land, Land, Land Use Rights, Sequence, Procedure For Compensation, Resettlement Assistance, C

Original Language Title: Nghị định 84/2007/NĐ-CP: Quy định bổ sung về việc cấp Giấy chứng nhận quyền sử dụng đất, thu hồi đất, thực hiện quyền sử dụng đất, trình tự, thủ tục bồi thường, hỗ trợ, tái định c

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DECREE on additional rules regarding certificate of right to use land, land, land use rights hực t, sequence, procedure for compensation, resettlement assistance when the State revoked the land and resolve complaints about land _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ the GOVERNMENT pursuant to the law on organization of the Government of 25 December 2001;
Pursuant to the law of the land on November 26, 2003.
Considering the recommendation of the Minister of natural resources and the environment and the Minister of finance DECREE, chapter I GENERAL PROVISIONS article 1. Scope 1. This decree additional rules about some cases certificates of land use rights, for certificates of ownership of housing and land use in (hereinafter referred to as the certificate); on a number of cases the person's rights to use the land; about the recovery of land and compensation, assistance on land; on order, the procedures for recovery of land, compensation, resettlement and assistance when the State revoked the land to use for defense purposes, security, national interests, public interests, economic development and the resolution of land claims.
2. The grant of a certificate, to revoke the land, performing rights of use of land, compensation, resettlement assistance when the State revoked the land, settle claims on land that is not specified in this Decree shall follow the current rules.
Article 2. Application object 1. The Agency performs the functions of State management on land and bodies, organizations, individuals are related to land management.
2. The use of land and the Organization, individuals are related to the use of the land.
Chapter II SPECIFIC PROVISIONS ABOUT SOME CASES of LAND USE RIGHTS and the CERTIFICATION of article 3. Land use stability provisions in article 50 paragraph 4 of the law of the land 1. Land use stability provisions in article 50 paragraph 4 of the law of the land is the land that meets one of the following criteria: a) the land has been used continuously for a certain purpose since time began using the land on which the purposes to be certified or to the time of the decision to revoke the land of competent State agencies the case has not yet issued a certificate;
b) where the land has been used continuously as defined in point a of this paragraph that a change of land use and that change does not arise in disputes about land use.
2. Determining the time of start of stable land use are based on the date of use and purpose of use of land on one of the following documents: a) receipts of agricultural land use tax, land tax;
b) thereon or decide the sanctioning administrative violations in the use of the land, report or decision sanctioning administrative violations in the construction of works associated with the land;
c) decisions or judgments of courts had effective, decides to enforce judgments of court enforcement agency was executed on the property associated with the land;
d) decided to settle land disputes of competent State agencies already have enforceable; minutes of land disputes settlement signed by the parties and endorsed by the representative of the people's Committee of the communes, wards and towns (hereinafter referred to as the people's Social Committee) where the land;
DD) decided to resolve complaints, accusations of competent State agencies related to the use of land;
e) papers on registered permanent residence, permanent resident at the home in association with land; Identity paper or birth certificates have the address of your home in relation to land plots;
g) papers on the assignment, grant, or land of the Agency, held by the State affairs management, use land;
h) papers on sale of other property, the House attached to the land or land purchase papers on land use right transfer, signed by the parties concerned (need not be certified by the Agency, organization);
I) map, the shared item statistics, census documents, measurements of the land through the forecast period;
k) registration statements, the land of social people's Committee at the time of declaration register.
3. where land use point shown on the papers specified in clause 2 of this Article has inconsistencies, the time to start using the soil stability is determined by the date the paperwork in early land use.
4. The absence of one of the documents prescribed in paragraph 2 of this Article or on paper which does not indicate the time of the establishment of papers and land use purposes, they must be confirmed by the people's Committee of township-level start time of land use and land use purposes on the basis of collected the opinions of people who have ever resided at the same time the starting point of the land use that requires the confirmation of the settlement (Hamlet, village, Hamlet, a wholesale, phum, care, population groups) where the land.
Article 4. Time determine financial obligations when applying for certification or would transfer the land use purpose, land or rent land 1. Economic institutions, households and individuals who were competent State agencies land there collect money using the land or rent land, the financial obligations are determined by policy and land prices at the time of there decisions or lease land; the case of the moment of handing the land does not meet the time recorded in the decisions, lease the land, the financial obligations are determined by policy and land prices at the time of delivery of the actual land.
2. where the use of land has filed enough valid profile certification please, please transfer the land use purpose in competent State agencies before 1 January 2005 (date apply new land as stipulated in Decree No. 188/2004/ND-CP on November 16, 2004 on the method of determining the price of the land and the land price bracket-called the Decree No. 190/2004/ND-CP) but due to slow authorities do established guidelines or procedures improper records regulations, due to the change of the template declarations, changes to the certification authority or jurisdiction to allow the transfer of the land use purpose that makes people use the land back or submit additional records financial obligations with regard to the State of the applicants are determined at the time of submission.
3. in case of the use of land to applying for certification, application for transfer of the land use purpose in competent State agencies from January 2005 onwards, the land prices apply to determining the financial obligations are land prices by the provincial people's Committee decided at the time of the submission of a valid application. If the authorities delay the procedures or instructions file is not correct, the applicants made the right to complaints against administrative acts that cause delay in the processing of records; public servants have the behavior causing delays in the handling of records or incorrect record-setting instructions, must be punished according to the provisions of article 175 Decree 181/2004/ND-CP on October 29, 2004 by the Government on the implementation of the law of the land (known as Decree No. 181/2004/ND-CP); financial obligations for the State of the applicants are determined at the time the application was filed.
4. Based on the Window to receive the record or a receipt on receiving records, registered office of land use right or people's Committee took the place of township-level records is responsible for confirmation in writing of the time people use the land filed enough valid records according to the provisions in paragraph 2 of this Article and transferred to the tax authorities to do the calculation base account currency financial obligations of the users of the land.
Article 5. Land use money debit 1. Households and individuals not yet afford the paid use of land to the State under the provisions of paragraph 4 Article 5, Decree No. 17/2006/ND-CP dated 27 January 2006 by the Government on amendments and supplements to some articles of the Decree guiding the implementation of the Land Law and Decree No. 187/2004/ND-CP of the Government on the transfer of State-owned companies into joint stock company section (called the Decree No. 17/2006/ND-CP) and households, individual State land resettlement that has the aspiration debit is recorded "owe money use the land" on the certificate after the petition is accompanied by certification application or application for transfer of land use purposes or resettlement land records. When the payment of the debt, the use of land are charged according to the price of the land at the time of repayment and be deleted "owe money use the land" was recorded on the certificate.
2. When debt payments amount to use land as stipulated in paragraph 1 article 17 of Decree 198/2004/ND-CP dated 3 December 2004 by the Government on land use charge (known as Decree No. 198/2004/ND-CP) the use of land to repay the money to use land according to the land prices at the time of the certification; When debt payments amount to use land as stipulated in paragraph 4 Article 5 of Decree No. 17/2006/ND-CP for cases already debited before the decree to this effect is the use of land to repay the money to use land according to the amount of the debt was recorded on the certificate.
3. Ministry of natural resources and environment and the Ministry of finance guidelines debit procedure and payment of the debt.
Article 6. Complementary procedure on transfer of land uses for the land the property associated with the property is land for land property associated with the property is in the scope of management of the central State bodies and State enterprises, the provincial people's Committee , central cities (hereafter referred to collectively as the provincial people's Committee) just decided to allow transfer of the land use purpose after the written agreement of the Ministry of finance regarding the transfer of that energy to use on other purposes.
Article 7. Long, reducing the amount of land used for the people of the revolution when the exemption certificate, reducing the amount of land used for the people of the revolution is done according to the rules of the law of incentives people to the revolution.
Article 8. Certification for agricultural land

1. The case has done the final variant of the "cornered fill changes, obviously" for land for agriculture, the people's Committee of the district, County, city, town in the province (hereinafter referred to as the people's committees at district level) made the recovery of previously issued certificates for many plots of land and new land plots for each certificate consistent with the provisions of paragraph 3 Article 48 of the law of the land.
2. Cases where no done the last variant of the "cornered fill changes, obviously," for agricultural land, if households, individuals are using land that requires the people's committees at district level General level a certificate for the right to use the land plots of the same household , that individual; After done the last variant of the "cornered fill changes, obviously" the certification made according to the provisions in clause 1 of this article.
3. Ministry of environmental resources and guide the certificate prescribed in paragraph 2 of this Article.
Article 9. Certificate in case of use of agricultural land to build farms in rural areas 1. When was the certification for farm land in rural areas, the farm land users do not have to pay to use the land for transfer purpose use from agricultural land, forest land, aquaculture land, salt land to other agricultural land in the following cases : a) greenhouse construction and other types of home serves the purpose of farming, including the cultivation forms do not live on the land;
b) build farm livestock, poultry and other animals are permitted by law;
c) underlying building plants, animal breeds;
d) build agricultural warehouses, plant protection drugs, fertilizers, machinery, agricultural productivity tool serving spot for the farm.
2. When the purpose of use of the land from annual crop land is not land specializes in rice crops, soil water, land, aquaculture production forest land is planted to other agricultural land specified at points a, b, c and d of paragraph 1 of this article or moved from land to water to grow rice Pro build underlying rice varieties, the land users farm implement registration of transfer of the land use purpose as specified in paragraph 2 to article 36 of the law of the land.
Article 10. Certificate for land by the residential community, the religious basis of use 1. The sequence, certification procedures for the community to follow the order procedure for households and individuals stipulated in article 135 and 136 of Decree 181/2004/ND-CP dated. 2. Sequence, the certification procedure for religious establishments to follow the order and procedures for the organization specified in article 137 of Decree 181/2004/ND-CP. 3. Ground due to religious establishments are used in the the purpose of agricultural production, forestry production, production of non-agricultural business, philanthropic and religious base land use specified in paragraph 1 to article 99 of the law of the land (including the case of assignee , received the gifts before 1 July 2004) today are the people's Committee of social validation is no dispute shall be certified, used by the land use regime corresponding to that purpose as for households and individuals, was transferred the land use purpose at the discretion of the provincial people's Committee; for land use in the the purpose of agricultural production, forestry production, production of non-agricultural business, charitable activities of religious establishments which are not land due to be delivered to the State don't collect money land use shall be made of the right to transfer, donate leasing of land use rights, mortgage, guarantee equal rights to use the land under the provisions of the law of the land.
Article 11. Certification for the case had moved the land use but have not made the prescribed rights transfer procedure 1. Case of land use are due to receive the transfer, inheritance, gifts for the right to use land or houses attached to land use in (hereafter referred to as the recipient of the transfer) before 1 July 2004 which has not yet been certified, but there are papers on land use right transfer signed by parties to the transfer (not confirmed by the authorities authority on the right) then not perform the transfer of land use right transfer recipients applying for certification under the provisions of paragraph 1 to article 135 or 136 Articles paragraph 1 of Decree 181/2004/ND-CP dated. 2. The case of the transfer of land use rights, housing attached to the land in which the party was finishing up a contract, papers on the transfer of land use right transfer but who do not submit the certificate or one of the types of papers on land use regulations in clause 1 and clause 5 Article 50 of the law of the land (called the papers on land use) to transfer the rights then do the following: a) the recipient of the transfer of the filing include the certification application and contract, papers on land use right transfer to be certified; where the filing made under the provisions of article 122 of Decree 181/2004/ND-CP;
b) Registration Office of land use based on the contract, papers on land use right transfer, notification in writing to the right person, listing the people's Committee at the level of the land where the Township made the certification procedure for recipients of the transfer and cancellation papers on land use but have not been delivered to the recipient of the transfer for the case of the transfer of the entire land area; about the certification procedures for the transfer of the recipient and the modify or renew certificates for the transfer of a portion of the land; address unknown case of the right to notice is posted on the local newspapers three consecutive numbers (costs reported by certification applicants charged);
c) after the time limit of thirty (30) days from the date of the notice or the posting for the first time on the local newspapers about the making of the certification procedure for the transfer of the recipient without the application of dispute resolution, the certification procedure comply with the provisions of article 135 or 136 Decree 181/2004/ND-CP, or under the provisions of the law of the home in; The people's Committee issued the certification authorities decided to cancel the certificate already granted the transfer if the transfer does not submit the certificate; If the transfer of the certificate filed shall modify or renew a certificate under the guidance of the Ministry of natural resources and the environment;
Single case have recommended dispute resolution the registered office of land use guidelines the parties filed an application to the competent State agencies resolve disputes according to the provisions of article 136 and article 135 of the law of the land.
Article 12. Certification for individual cases use the land before awarding the certificate name case applying for death certificates before awarding a certificate of the registered office of land use rights has the responsibility to report the people's Committee at district level to cancel a signed certificate and notify the person who inherited the additions follow the provisions of art. 151 Articles of Decree 181/2004/ND-CP to be certified.
Article 13. Certificate in case the inheritance of land use is the alien or the Vietnam settled abroad not to buy houses attached to land use in 1. The case of all the recipients inherit the land use, land-use rights and assets attached to land (in this known collectively as land use rights) are foreigners or overseas residents to Vietnam not to buy houses attached to land use in Vietnam at prescribed in clause 1 Article 121 of the Land Law and paragraph 2 Article 126 of the law on housing (in this Thing called the Vietnam settled abroad are not subject to buy houses associated with the right to use land in Vietnam) then the inheritance is not certified but are transferable or are donated to the land use right of inheritance according to the following provisions : a) in the case of land use rights transfer, the sequence, the transfer procedure made under the provisions of article 148 of Decree 181/2004/ND-CP, in which the inheritance was to stand as the party's name in the assignment contract of the transfer of land use rights;
b) in the case of land use rights for the recipient to the object are specified in clause 6 of the law on land and account 113 2 Article 126 of the law on housing; the sequences, procedures to comply with the provisions of article 152 of Decree 181/2004/ND-CP, in which the inherited name is donated to the party is standing in the contract or written commitment to;
c) in the case of transfer or have not yet donated for land use rights, inheritance or a representative authorized in writing by rules apply regarding inheritance in registered office of land use to the main address book updates and tracking.
2. in case of the same people who have inherited Vietnam settled abroad not to buy houses attached to land use in Vietnam at others in an inheritance of land use under the provisions of the law of the land that has divided the inheritance of land use right for each person to receive the inheritance the inheritance or the representative authorized in writing by rules apply regarding inheritance in registered office of land use to the main address book updates and tracking.
After solving the Division of the inheritance certificate for the subject to be issued a certificate; for the Vietnam people settled abroad not to buy houses associated with the right to use land in Vietnam then the inheritance is settled according to the provisions in clause 1 of this article.

3. The inheritance in cases specified in point c paragraph 1 and paragraph 2 of this Article is authorized in writing to the Superintendent or the temporary use of land and the implementation of obligations under the rules of the law of the land and the provisions of other relevant laws.
Article 14. Certificate in case the ground due to the household, personal use from before June 15, 1993 without one of the papers specified in paragraph 1 to article 50 of the law of the land 1. Households, individuals are using land with houses, buildings that do not have one of the documents stipulated in article 50 paragraph 1 of the law of the land but the land has been used stable from before June 15, 1993 and not in one of the cases the land use regulations in clause 4 of this today's people's Committee, social validation is no land dispute shall be processed according to the following rules: a) at the time of the certification procedures for the land Department had planned to use the land or detailed planning for urban construction or planning the construction of rural residential point (called the master plan) is that land use review compliance with that plan and not have the decision to revoke the land in case the land is recovered shall be issued a certificate.
The case of the housing land use the land does not have to pay to use the land for land in is using but the area is not paid use of land does not exceed allocated land in each individual household as defined in clause 2 to article 83 and Article 84 of the law of the 5th clause of the land at the time of the certification; for land outside the limits (if any) it must pay to use land according to the level of currency specified in point a of paragraph 3 article 8 Decree No. 198/2004/ND-CP cases land with building construction (not House) it must identify an area of non-agricultural land and agricultural land according to the current state of use. The use of land are not paid use of land for non-agricultural land.
For the land identified as agricultural land shall follow the provisions in paragraph 2 of this Article;
b) where at the time of the certification procedure, which has not been planned then review the land use is granted a certificate as defined in point a of this paragraph;
c) where the land was used prior to the time the planning was approved but at the time of certification of the use of the land is not consistent with the master plan has been approved and authorized State bodies have yet to be writing about the land recovery undertakings as defined in article 49 of this Decree the use of land are certified according to the provisions in point a of this paragraph;
d) where the land was used prior to the time the planning was approved but at the time of certification of the use of the land is not consistent with the master plan has been approved and has advocated withdrawing land in writing according to the provisions of article 49 of this Decree the use of land are not certified but used the land as is until the decision to revoke the land;
DD) planning case were competent State agencies approve adjustments the entire or part of the land plots in accordance with plans that regulators or the case of competent State authorities decided to cancel the planned use of land to be granted the certificate as defined in point a of this paragraph.
2. Households, individuals are using the land in the agricultural land that does not have one of the documents stipulated in article 50 paragraph 1 of the law of the land but the land has been used stable from before June 15, 1993 and not in one of the cases the land use regulations in clause 4 of this today's people's Committee, social validation is not disputed land are certified according to the following rules: a) the case of households, individual direct agricultural production shall be certified and not paid for land use land are used but not exceed allocated agricultural land specified in article 70 of the law of the land paragraph 1 and Article 69 of Decree 181/2004/ND-CP; the remaining agricultural land area (if available) move on to the State's land;
b) case of households, individuals not directly agricultural production shall be issued a certificate in the form of State land for land is being used.
With regard to agricultural land on the same plots of land has housing that is not recognized as the land in the households, individuals are using the land certificate as specified in point a of this paragraph.
3. Cases of land plots in garden ponds, have used before on December 18, 1980 was certified according to the provisions in clause 2 Article 45 of Decree 181/2004/ND-CP of land plots which are separated from the land plots without one of the papers on the right to use the land specified in the paragraph 1 , 2 and 5 of article 50, the land law, land plots remaining after the split plots are also certified according to the provisions in clause 2 Article 45 of Decree 181/2004/ND-CP. 4. Households and individuals, was not certified for the land to be used before June 15, 1993 in the case at the time of starting to use land already have one of the following violations (except in the case specified in clause 5 of this): a) violated planning construction details were competent bodies and public review;
b) violated the detailed planning by building competent authority approval and publicity for the land has been allocated for the Organization, management community;
c) Abating, taking up the corridor to protect public safety was announced, demarcation;
d) Reclaimed, amounting to roadways, curb, pavement had just about building;
DD) Reclaimed, occupied the land used for public purposes, land use, soil, land use, and yet the other violations had written block but still land users deliberately violating.
5. Households, individuals are using the land in the case prescribed in clause 4 of this Thing but consistent with the master plan at the time of certification shall be certified and must paid use of land according to the level of regulation in the points a, b and c of paragraph 1 article 15 of this Decree.
Article 15. Certificate in case the ground due to the household, personal use from October 15, 1993 and later 1. Households, individuals are using land that does not have one of the documents stipulated in article 50 paragraph 1 of the law of the land but the land has been used during the period from October 1993 to July 2004 and not in one of the cases the land use regulations in clause 4 of this Decree, article 14 Today, the people's Committee of social validation is no land dispute, in accordance with the master plan has been approved or not yet been planned at the time of review procedures certificate shall be certified according to the following rules: a) the case of households, individuals are using the land to housing land use paid according to salary regulations in point a of paragraph 3 article 8 Decree No. 198/2004/ND-CP for the land in the area are using but not exceed allocated land for every household, individual regulations in paragraph 2 to article 83 and Article 84 of the law of the 5th clause of the land at the time of the certification; as for the land in fact outside the limits (if any) it must pay to use land according to the level of currency specified in point b of paragraph 3 article 8 Decree No. 198/2004/ND-CP;
b) case of households, individuals are using land with construction work (not the House) then you have to define an area of non-agricultural land and agricultural land according to the current state of use. The use of land must pay to use land for non-agricultural land according to the level of currency specified in point a of paragraph 3 article 8 Decree No. 198/2004/ND-CP; land prices computer collect money using the land is land use on non-agricultural purpose of the same kind;
c) for the land identified as agricultural land shall follow the provisions in clause 2 of this Decree, article 14.
2. Households, individuals are using the land in the period from October 1993 to before 1 July 2004 that the whole or part of the land plots without one of the documents stipulated in article 50 paragraph 1 of the law of the land, are social people's Committee confirmed the land without dispute but not consistent with the master plan has been the review had planned or at the time of starting to use land already have the violations set forth in article 14 paragraph 4 of this Decree, the whole or part of the land plots of land plots that are not certified but are temporarily used the land as is until the withdrawal decision of authorized State agencies.
3. the State does not recognize the right to use the land, not the certification and recovery of the entire land area of reclaimed land by, occupied and was delivered, was not properly authorized rental since October 1, 2004 onwards.
Article 16. Certificate in case the land was not properly authorized before 01 July 2004 but who are using land has paid to be assigned Land land use vires but who are using land with proof about has paid for the Agency , held to be land use before 1 July 2004, the Commission today are social people confirmed as no land dispute, in accordance with the planning, the people are using the land is certified according to the following rules: 1. where the ground has been used previously stable on October 15, 1993 shall be issued a certificate for the land has been delivered and not paid land use.
2. where the ground has been used in the period from October 1993 to before 1 July 2004, then do the following: a) for land allocated agricultural land belonging to the group or non-agricultural land but not in the land shall be certified and not paid land use;

b) for land assigned in the ground in land allocation limit specified in paragraph 2 to article 83 and Article 84 of the law of the 5th clause of the land shall be certified and not paid land use; for the remaining land area had houses (if any) shall be certified and must paid use of land according to the level of currency specified in point a of paragraph 3 article 8 Decree No. 198/2004/ND-CP; for the remaining area with no dwellings (if any) are determined by the current state of agricultural land is used, if the use of the land proposed to be converted to non-agricultural purposes shall be certified and must paid use of land according to the level of currency regulations in paragraph 2 article 5, Decree No. 17/2006/ND-CP. Article 17. Prescribed minimum area was split plots and the certificate for land plots with an area of less than the minimum area that 1. The provincial people's Committee prescribed minimum area allowed for each type of plots of land split to suit specific local conditions.
2. Land Plots are used to have an area of less than the prescribed minimum area of provincial people's committees but qualified the certification, the people are using the land be certified; the construction of houses, plots of land on which to work according to the provisions of the provincial people's Committee.
3. Does the certification for the case split the land into two or more plots of land plots which have one or more plots of land with an area of less than the minimum land area as defined by the provincial people's Committee.
4. certified Agency, the people's Social Committee not the certified procedures, endorse the transfer of land use rights for land plots separation case into two or more plots of land which has one or more plots of land with an area of less than the minimum land area as defined by the provincial people's Committee.
Article 18. Certificate in case of difference between the metric area measurements with actual figures recorded area on papers on land use 1. The case measures according to actual technical about the measurement of cadastral plots of land area that is smaller than the area recorded on papers on land use shall be issued certificates according to the area of actual measurements; the use of land was not received land use amounts already paid (if any) for the area is less than the area indicated on the papers on land use.
2. in case of actual measurements according to technical measurements of cadastral plots of land area that is larger than the recorded area on papers on land use, the following regulations: solving a) case of the boundaries of land plots currently unchanged with time have papers on land use , have no dispute with those of adjacent land uses that area of the actual measurement when the certification is more than the area indicated on the papers on land use, the certificate granted under an area of actual measurements; the use of land are not paid for the use of land in an area of more than the land area indicated on the papers on land use;
b) where the boundaries of land plots currently has changed compared to the moment there are papers on land use that land surveying practice more than the area indicated on the papers on land use today are the people's committees of communes where the ground level confirm more area is by reclaiming or transferring rights of previous land use , the land was used and there is no dispute, the certificate is granted for the whole area of the land plots the actual measurements and perform financial obligations on land for the difference in area under the provisions of the law of the land;
c) where the boundaries of land plots currently has changed compared to the moment there are papers on land use that land surveying practice more than the area indicated on the papers on land use today are the people's committees of communes where the ground level confirm more area is reclaimed by , constitute the processed according to the provisions in clause 4 and clause 5 article 14 or article 15 of this Decree, item 2.
Article 19. Certificate in case of implementation of split plots or plots of land plots for 1. Profile split plots or plots include: a) an application for separation of the plots or plots of land use for the case of split plots, plots according to the requirements of the land use and the case of split plots, plots by the land use rights specified in point k and l 99 Article paragraph 1 of Decree 181/2004/ND-CP;
b) certificate or one of the types of papers on land use specified in the paragraph 1, 2 and 5 to article 50 of the law of the land; case of split plots, plots by the land use rights specified in point k and l 99 Article paragraph 1 of Decree 181/2004/ND-CP to add text specified in art. 140 Articles of Decree 181/2004/ND-CP dated. 2. The separation of plots, plots according to the needs of the users of the land are as follows: a) the use of land in need Please split plots or plots set a (01) record filed at the Department of natural resources and the environment if it is organized, religious establishments, the Vietnam settled abroad foreign organizations, foreign individuals; filed in environment and Resource Room if families and individuals;
b) on the receipt of a valid application or at the latest the next working day is, the Department of environment and natural resources or the environment and resources (referred to as resource and environmental agencies) have the responsibility to submit records for the registered office of land use which belongs to prepare the record;
c) for appropriate cases are obviously not excerpt the cadastral measurements on record or the slowest is the next working day, registered office of land use are responsible for doing map excerpts, copies the record and sent to the Agency of natural resources and the environment at the same level.
For the case of split plots or plots combined case which must extract the cadastral measurements within a period not exceeding seven (7) working days from the date of receiving the application, the registered office of responsible land use rights do indigenous land plots measuring new quote spun or new plots, do excerpts maps , copy the record and sent to the Agency of natural resources and the environment the same level;
d) within a period not exceeding three (3) working days from the date of receiving the cadastral map excerpts, copy the record, resources and the environment is responsible for the district-level people's committees to consider, sign the certificate of land use rights for land plots new; The Department of natural resources and environment is responsible for signing the certificates for new land plots in cases authorized or the provincial people's Committee signed the certificate for the new land plots in the case is not authorized;
DD) within a period not exceeding three (3) working days from the date of receiving the newspaper, the people's Committee of the authority to review, sign and send the certificate to the Agency of natural resources and the environment;
e) on receiving the signed certificate or slow the next working day at the latest, the Agency of natural resources and environment is responsible for awarding the original certificate for new land plots for the use of land; send a save singed certificate, a certificate was revoked or one of the types of papers on land use specified in the paragraph 1, 2 and 5 to article 50 of the law of the land had recovered for the registered office of land use; send notice fluctuations in land use for the registered office of land use and environmental resources department to modify the original record.
3. where the separate plots by the State recovered a portion of land plots shall be based the decision to revoke the land, resources and the Environment Agency are responsible for performing the split plots as specified at points b, c, d, e and e account 2 things.
Article 20. The use of soil and land for the certification projects of urban construction, rural residential and production areas, business has many different land use 1. The use of land for construction projects land municipality (including residential municipality), rural residential and production areas, the business part of the land has various uses but is not economic, industrial, high-tech zones are as follows : a) for land used for public purposes, the project Owner fail to pay the land use, land lease;
b) for each part of the land is suitable usage purposes are defined in the project, the project owner is the choice of the form of paid use of land under the provisions of Decree No. 198/2004/ND-CP or leasing land under the provisions of Decree No. 142/2005/ND-CP on November 14, 2005 on land lease water, hire.
2. In the case of land to implement urban construction projects, residential and rural production, the business part of the land have different uses, the certificate granted land plots for each suit construction detailed planning has been approved and in accordance with the law of the land.
Article 21. Revoke the certificate issued against the law 1. The case of the text of the investigating authorities, the Ombudsman concludes that the certificate has been granted contrary to the provisions of the law, the State agency certification authority is responsible for the review, if that is true then the decision to revoke the certificates were issued.
2. where the competent State agency certification test and detect the certificate granted is left to law shall have the responsibility to notify in writing to the Agency inspected the same level to verify it; Inspector at district level are responsible for the verification of certificates issued by the people's Committee of the district-level, provincial inspectors responsible for the inspection certificate by the provincial people's Committee or the Department of natural resources and the environment. If the assessment has concluded that the certificate issued against the law, the State authorities have certified the decision revoking the certificate already granted.

3. in case the Organization, citizens discovered certificate issued contrary to law shall submit recommendations, findings to the State Agency has issued a certificate. State authorities have issued a certificate have the responsibility to consider and resolve as defined in paragraph 2 of this Article.
4. Revocation of the certificate granted for cases not subject to the provisions in clause 2 Article 42 of Decree 181/2004/ND-CP, items 1, 2 and 3 this is only done when there is a judgment or a decision of the people's courts have had effect.
Chapter III SPECIFIC PROVISIONS ABOUT HANDLING for SOME CASES, CHANGES in LAND USE RIGHTS Article 22. Property rental rights associated with land in case the State rents paid annual land rental economic organizations, individual land lease of State land rent paid annually are rental properties owned by themselves attached to land rent; people who rent property to use property on the land according to the purposes that have been identified in land rental decision of authorized State agencies.
Article 23. Land use of economic organizations joint venture between domestic investors and foreign investors moved into economic organization have one hundred percent (100%) foreign owned 1. The case of the economic organization of joint ventures between domestic investors and foreign investors moved into economic organization have one hundred percent (100%) foreign owned the land have had to venture to form the State of land rental and selected forms of paid land rent once or pay annual ground rent.
2. The duration of land lease prescribed in clause 1 of this article is determined as follows: a) the case of the land has contributed to the joint venture is the land used long-term stability, the duration of land lease is seventy (70) years, since venture economics organization turn into economic organization have one hundred percent (100%) foreign owned; b) where the land has contributed to the joint venture is the land used the term land rent duration is the duration of the term of land use has contributed to the venture.
3. The Ministry of Finance shall guide the handling of financial obligations on land in case of economic organization venture turned into economic organization have one hundred percent (100%) foreign owned. Article 24. Land use of economic organizations joint venture between domestic investors and foreign investors, the economic organization of one hundred percent (100%) of foreign capital in case the assignee investment project 1. The economic organization of joint ventures between domestic investors and foreign investors, the economic organization have one hundred percent (100%) of foreign capital (in this Thing called economic organizations have invested abroad) to be the assignee of land use projects of economic organizations in the country in the following cases : a) the project of infrastructure investment in industrial zones, export processing zones, industrial and business areas focus different land use regimes prescribed in item 1 and item 2 Article 35 of this Decree;
b) investment projects in economic, high-tech zones;
c) investment projects in urban infrastructure, rural residential area;
d) investment projects in manufacturing, business;
DD) project to build the housing business has completed construction of sync shared infrastructure project.
2. The assignee may use the land specified in paragraph 1 of this article is made according to the provisions of the law of property and business according to the following rules: a) project assignment case in which the parties to the transfer is domestic economic organizations are the State assigns land use charge , the assignee the right to use the land for that land use, amount of money the assignee the right to use the land was charged did not originate from the State budget, the value of land use rights is calculated in the total value of the contract of assignment; economic organizations of foreign-invested leasing procedures established by the State but not paid land rent;
b) where the project is transferable in which parties the transfer is domestic economic organizations are the State land charge land use, land-use rights transfers received that amount of money, land use land use right transfer receipt already paid are derived from the State budget or land rent by the State or State land allocated do not collect money using capital contribution to land by land use rights land use rights values are not counted in the total value of the contract of assignment; economic organizations of foreign-invested leasing procedures established by the State in the form of annual land rent paid or paid land rent for the whole period;
c) where the land of the project was the assignee as defined in point a of this paragraph are sourced is the land used, the duration of land lease term of economic organizations have invested abroad is the remainder of the term of land use before the assignee; the case of the native land is land used long-term stability, the duration of land lease is seventy (70) years from the date the contract was signed, project and if there is, then, needs to be extended to use many times, each time not more than seventy (70) years; economic organizations of foreign investment are not leasing the land for the time being.
3. economic institutions invested foreign assignee home business building projects in the Organization's domestic economy was State land use long-term stable and has paid use of land that funds have filed do not originate from the State budget, when selling houses is not filed with the State the amount of the difference between a history land use and land lease prescribed in clause 2 Article 81 of Decree 181/2004/ND-CP; home buyers in the attached land use rights in land used long term stability.
4. Ministry of natural resources and environment and the Ministry of Finance shall guide the implementation of the provisions of this Article.
Article 25. Handling land use rights for land by the State enterprises has had on economic organization that venture business that is implementing holdings 1. The case of State enterprises is State land, land rental, but not yet paid use of land or land lease, the State land, land lease or get land use right transfer that amount was charged to be assigned, are hired or receive transfer of land use rights are derived from the State budget did not give the value of land use rights has capital contribution on equitizing businesses; the value of land use have had before the stock is considered as the capital of the State to contribute to the economic organization.
2. where State enterprises are State land, land lease or get land use right transfer that amount was charged to be assigned, are hired or receive transfer of land use right is not derived from the State budget, the value of land use rights has had to be put on equitizing businesses.
Article 26. Land use disposal of the non-agricultural cooperative by contributing land Park Township, but was transferred to the State's land lease cases non-agricultural cooperatives are using which due to cooperative members but turned to leasing land according to Directive No. 245/TTg dated 22 April 1996 by the Prime Minister on the Organization made some the urgency in the land use, management of organizations in the country are State land allocation, land rental and Decree No. 87/CP dated 17 December 1996 regulating the enforcement of the Ordinance on the rights and obligations of the Organization in the country is State land, land lease, the rent not of the State. The cooperative has the right and obligation of the prescribed land use account 1 and account 2 to article 110 of the law of the land. The Department of natural resources and the environment are responsible for canceling the land lease signed with the cooperative and modify certificate issued or renewed the certificate for the cooperative.
Article 27. The right to choose the form of the use of land for investment projects to build houses for rent 1. Institutional investors in the domestic economy, Vietnam people settled abroad are choosing State land forms there collect money using the land or land rental to pay land lease annually to implement the project to build houses for rent.
2. The investor is Vietnam people settled abroad, personal or economic organizations have invested abroad are choosing the form of the State for land rent paid once for all time to rent or lease land or land rent paid annually to implement the project to build houses for rent.
Article 28. The right to choose the form of paid use of land or land leasing when transferring the land use purpose for investors to receive the transfer of land use right to implement investment projects 1. Investors in case the assignee the right to use the land under the provisions of the law of the land to implement investment projects in accordance with the planning, land use planning which must transfer the land use purpose after the assignee shall be entitled to choose one of the two following forms : a) the use of land in the form of treated soil such charge land use. In this case, the investor must pay the money to be transferred land use land use purpose and have the rights, the obligations specified in paragraph 1 and paragraph 2 to article 110 of the law of the land;
b) land use in the form of State land. In this case, investors have to pay land lease for the State and have the rights, the obligations specified in paragraph 1 to article 111 of the law of the land; have the rights and obligations provided for in Article 110 of the law of the land within the prepaid land lease specified in point b of paragraph 2 of this Article with regard to the case of land rents paid in advance for the period of five (5) years or more.
2. the actual investor money was paid to the assignee the right to use the land are treated as follows: a) Be deducted from the amount of use of land to be transferred the land use purpose that investors must submit to the State to be land use defined in art. 1 of this article;
b) are considered as land rent funds that investors had paid in advance for the State to be leasing land specified in point b of paragraph 1 of this article.

3. the amount that the investor has to pay to the assignee the right to use the land specified in paragraph 2 of this Article is determined on the basis of the transfer price of land use right market practice in normal conditions but does not exceed the amount of compensation, assistance on land corresponds to the case of State land.
4. the actual amount of money that investors have to pay to the assignee the right to use the land specified in paragraph 3 of this article shall be calculated on the cost of the investment project of the investors.
5. The valuation of land for land that the investor has to pay to the assignee the right to land use and land valuation, land rental to, compensation, assistance on the land was made in the form of consulting services rental organizations advice on land prices are established and operate in accordance with the law and by the Department of Finance before the appraisal process The provincial people's Committee decision.
6. Ministry of natural resources and environment and the Ministry of Finance shall guide the implementation of the provisions of this Article.
Article 29. The time limit for use of land for non-agricultural land be used long-term stability under the provisions of the law on land before 1 July 2004 non-agricultural Land in use before 1 July 2004 of economic organization due to be assigned land to generate capital to build the infrastructure under the project; land production, non-agricultural business of households and individuals, not by the State of affairs, then rental organizations, households, individuals continue to use long term stability on non-agricultural purposes, not paid when land use is allowed to transfer the land to the use of land in , to compensation of land according to the land prices in when the State revoked the land.
Article 30. The time limit for use of land for land the State delivered to households, individuals do production sites or non-agricultural services business to compensate when the State revoked the land is State Land allocated to households, individuals do production sites or non-agricultural services business to compensate when the State revoked the farmland as defined in clause 4 and clause 5 article 4 of Decree 17/2006/ND-CP shall be used long-term stability in the the purpose of non-agricultural business, not paid when land use is allowed to transfer the land use purpose to land in, compensation of land according to the land prices in when the State revoked the land.
Article 31. Detailed rules on the implementation of the rights guaranteed by the mortgage, land use and property associated with land 1. The guarantee by the land use right and property affixed to the land under the provisions of the law of the land is mortgaged by the land use rights for a third loan under the provisions of the civil code (hereinafter referred to as the mortgage by land use).
2. The registration of a mortgage by the land use right and property affixed to the land for households and individuals, was issued a certificate are specified as follows: a) the case of mortgage registration documents filed at the registered office of land use at district level, the Office of the register of land use that are responsible for implementing the procedure of registration of mortgage on receipt of a valid application; If the receipt after three (3) hours shall perform the registration procedure of the next working day;
b) case of mortgage registration documents filed in communal people's Committee, the local civil administration officers (delegated by the Office of register of land use districts) have the responsibility to check, if the record is a valid mortgage, the mortgage registration procedures, sign and seal of the commune people's Committee on getting enough valid profile of the next working day.
3. The registration of a mortgage by the land use right and property affixed to the land for households and individuals, does not yet have a certificate but have one of the documents specified in paragraphs 1, 2 and 5 to article 50 of the law of the land is made in the registration office of land use districts. Within a period not exceeding five (5) working days from the date of receipt of a valid application, the registered office of land use districts have the responsibility to implement the procedure of registration of mortgage.
4. Ministry of environmental resources and guide the implementation of the procedure of registering the mortgage specified in point b of paragraph 2 of this Article.
Article 32. Land with project to build housing for sale or rent by the Vietnam people settled abroad, foreign organizations, foreign individuals made 1. Vietnam people settled abroad, foreign individuals, institutions (in this Thing called foreign investors) are the State rents in the form of leasing the land once or join land auction by the State Organisation for land housing construction project for sale or for rent. Land rental amounts to be used in this case is calculated by the amount of land used as in the case of land delivery charge for land in land use or land prices hit the auction.
2. The time limit for land rental in the case prescribed in clause 1 of this article is seventy (70) years and if there is, then, needs to be extended to use many times, each time not more than seventy (70) years; foreign investors are not leasing the land for the time being. The case of foreign investor selling in housing construction projects, business houses, the people who buy the houses associated with the right to use land in land use are long-term stable and do not have to file the amount of land rent disparity between land-use and long-term stability.
3. Ministry of environmental resources and land leasing procedures guidelines, procedures for the auction of land use and certification procedures as specified in this article.
Chapter IV SPECIFIC RULES for CERTAIN CASES of WITHDRAWAL LAND and compensation, SUPPORT on the GROUND when the STATE REVOKED the LAND Article 33. Land in the area of the borders between the administrative units When land in the area of the borders between the provinces, the central cities, the price of land by the provincial people's Committee rules not only based on economic conditions, social infrastructures in neighboring areas, but based on economic conditions , social infrastructure, and the ability to attract local investment to neighboring areas.
Article 34. Recovery of the soil to make the project an important economic development, residential, economic development in urban areas, the rural residential area 1. State land to implement economic development projects important in the following cases: a) national important project because Congress decided to investment undertakings;
b) important projects due to the Prime Minister approves investment undertakings.
2. State land to make residential projects (including infrastructure projects and residential housing projects), Trade Center, luxury hotels in the following cases: a) The project within the existing urban area is shown in land-use planning or detailed planning of urban construction has been the competent State Agency approval and was the Chairman of the provincial people's Committee approval of investment undertakings with respect to each project;
b) projects in the area of expanding the existing urban or new urban area is shown in the planning of land use or urban construction planning or detailed planning urban construction has been the competent State agencies;
c) projects in existing rural residential, residential, rural or rural residential new construction in land-use planning or planning of the construction of rural residential point has been the competent State agencies for approval.
3. Ministry of environmental resources and guide the implementation of the provisions of paragraph 1 and paragraph 2 of this Article.
Article 35. Land to build the business focus with the same land use mode 1. The other focus business areas have the same land use regime prescribed in clause 1 Article 40 paragraph 1 and Article 90 of the law of the land include: a) trade-General Services for various types of sales, service and has many of the same business entities;
b) affiliated resorts about infrastructure, about the type of business and have many of the same business entities (not including the ecological tourist area);
c) Outdoor Recreation Area serves the audience of all ages with various types of amusement, entertainment have joined and have many of the same business entities;
d) Urban livestock, poultry and livestock in the form of concentration of industry, infrastructure, and there are many livestock investment subject.
2. The business prescribed in paragraph 1 of this article must have the following conditions: a) has shown in the planning, land use planning is the competent State agencies review;
b) had advocated the prime investment or investment decision was President of the provincial people's Committee, or manifests in the overall planning of social-economic development of the province, central cities have been approved by the authority;
c) Not arranged in land, housing; not arranged with the land in housing. 3. The projects business area specified in paragraph 1 of this article in the land withdrawal area for delivery or for leasing land under the provisions of the law of the land.
4. The use of land for construction projects land business focus areas defined in paragraph 1 of this article shall be as for the industrial zones according to the provisions of article 84 of Decree 181/2004/ND-CP dated 7 and article 2 of Decree No. 17/2006/ND-CP. Article 36. Land for land use case because the high-tech zone management committee, the economic zone handed back or lease high-tech zone management committee, responsible for economic recovery of the land was handed back or lease under the provisions of clause 2 Article 91 and Article 92 of the law on item 2 of the land in the following cases : 1. land users are high-tech zone management committee, the economic zone handed back land or rent land that has expiry using the land but not the extension of land use.
2. land use organization was dissolved, bankrupt, move, reduced or no longer needs to use that land use money paid is derived from the State budget.
3. land users voluntarily return the land as stipulated in paragraph 8 to article 38 of the law of the land.

4. The use of land with violations of the laws of the land specified in the paragraph 3, 4, 5, 6, 9, 11 and 12 Article 38 of the law of the land.
Article 37. The recovery of land or land use for the case prescribed in clause 12 of 38 Articles land Laws 1. Within a period not exceeding six (6) months from the date of expiry as specified in clause 12 of 38 Articles Land Law Committee, competent to decide to withdraw land for cases not be renewed using the land as stipulated in paragraph 2 of this Article.
2. the competent State agencies, land rental, including high-tech zone management committee, economic zones only allow use of the land as are approved by the competent State agencies of investment management for the land was State Affairs, to make rental projects but do not put the land to use or use in progress land use is slow under the provisions of clause 12 of 38 Articles Land Law in case investors get stuck due to natural disaster, accident, war, economic crisis, financial and other unforeseen causes do directly affect the progress of the project.
Article 38. The land withdrawal in the case of agricultural land in the Land Fund of the communes, wards, town district level people's Committee decided to revoke the agricultural land fund of the communes, wards and towns to use on non-agricultural purposes according to the planning, land use planning has been the competent State bodies.
Article 39. The land withdrawal in the case of people who use the land do not have the right to transfer, lease of land use rights, mortgages, capital contribution by the land use projects in case an owner have to deal with people who are using land on the transfer, lease of land use capital contribution, with the right to use land that people are using the land do not have the right to transfer, lease of land use rights, mortgages, capital contribution by the land use right pursuant to the laws of the land, the State made the recovery for delivery or for investors.
Article 40. The land withdrawal in the case of land in an state that the investor has proactively proposed and permitted the agreement but did not reach the agreement with the land use 1. Land development project in an economic state that suggested investors and the provincial people's Committee has accepted to follow the method itself deals with those who use the land belonging to the scope of the project to the assignee the right to land use, land use rental , which by rights to use the land but after one hundred eighty (180) days from the date of approval in writing but also users of the land are not agreed with the investors, the people's Committee of the authority decide to withdraw land that investors have yet to be agreed upon with the land users; the compensation, resettlement, assistance was made under the provisions of the law. The provincial people's Committee decisions or give investors land lease for the area had recovered.
2. The resolution of the dispute, the complainant in the case prescribed in clause 1 of this article shall be as follows: a contract dispute) about land use agreement between the land use and investors due to the people's courts settled under the rules of civil law;
b) complaints of people using the land for administrative decisions or administrative acts in the recovery of the land made under the provisions of article 138 of the law of the land, 63 and 64 of this Decree and the regulations complaint resolution No. 136/2006/ND-CP dated 14 November 2006 from the Government detailing and guiding the implementation of some articles of the law Complaints, accusations and the law on amendments and supplements to some articles of the law on complaints and denunciation (known as Decree No. 136/2006/ND-CP).
Article 41. The responsibility of the people's Committee in the case of agreement with investors who use the land not in the case of State land 1. The people's Committee of the levels, in the range of functions, tasks, have the following responsibilities: a) direction providing the text of the policy, the law, the records of the land plots are related to the agreement;
b) chaired the conduct agreement between the investors and the people who use the land if there's a suggestion or related parties;
c) directing the implementation of the procedures regarding transfer, land rental, capital contribution by the land use rights.
2. the people's committees of all levels and State agencies did not make the decision to land or execute the measures did not conform with the provisions of the law to intervene in the deal between investors and land users in land case not recovered.
Article 42. The right to invest on the ground are used in the case of land in the recovery area for investment projects with the purpose of manufacturing, trading or business building housing 1. Land case in an investment project for the purpose of production, business or building your home business in which people are using (or many people are using the adjacent land) have an application for investment and have the following conditions shall be the right to invest or selected organizations capital contribution to set up individual investment projects: a) Has an area of land are used consistent with land use planning, detailed planning of building, in accordance with the scale of works has been the competent State agencies;
b) Have investment projects in accordance with the law on investment;
c) can afford to implement investment projects ensure satisfactory and progress according to approved projects.
2. Ministry of environmental resources and coordinated with the Ministry of planning and investment to guide the investments on land is used in an investment project for the purpose of production, business or building housing business. 43. Support for agricultural land interspersed in residential gardens, ponds and adjacent land in residential areas when the State revoked the land agricultural land interspersed in residential gardens, ponds and adjacent land in residential areas is supported on the ground under the provisions of item 2 article 10 of Decree No. 197/2004/ND-CP on December 3, 2004 about compensation, resettlement and assistance when the State revoked the land (known as Decree No. 197/2004/ND-CP) includes the following cases: 1. An area of assistance is the whole area of agricultural land, land, land plots in the same pond there in the House but was not recognized as the land in the area after the domain : a) within the administrative boundary of Ward;
b) within the residential areas in the town, the rural residential area was determined according to the boundary of the planning is the competent State agencies review; cases residential areas in the town, the rural residential area yet has been planning the review determined according to the boundary of the land plots there home outside of residential areas.
2. for the land area of the garden, the pond fact are using in the same plots of land to individual houses, houses along the canals, houses along the roads not in the areas defined in paragraph 1 of this article, the land area is counted to the monetary support of each tailor does not exceed five (5) times the area of the land in the limit specified in paragraph 2 to article 83 and the account of the Land Law 84 Article 5 at the time of the decision to revoke the land.
3. With respect to land in the agricultural land plots adjacent to the boundaries of the areas defined in paragraph 1 of this article, the area is calculated to support with money of each land plots does not exceed five (5) times the area of the land in the limit specified in paragraph 2 to article 83 and Article 84 of the law of the 5th clause of the land at the time of the decision to revoke the land.
4. the people's committees of provincial level specified land area is calculated to support with money for the case prescribed in clause 2 and clause 3 of this article.
Article 44. Compensation, support on the ground when the State revoked the land for land use before October 15, 1993 without papers on land use 1. Cases of recovery for land use before October 15, 1993 but no certificate or one of the documents stipulated in article 50 paragraph 1 of the law of the land and people's Social Committee confirm that land does not dispute the claim, in support of land made under the following provisions : a) the case of the land are used as housing and land not belonging to one of the land use cases prescribed in paragraph 4 to article 13 of this Decree, the people are using the land be compensated for the actual land area are used but an area of compensation does not exceed allocated land in the prescribed in paragraph 2 to article 83 and Article 84 of 5 accounts The law of the land at the time of the decision to revoke the land. For the area beyond the limits of land communication in and part of the land area of the garden, the pond on the same plots of land to housing but not recognized as ground in (if any) shall be compensated, in support of the land according to the regulations for the agricultural land interspersed in residential areas;
b) where the land is being used for non-agricultural purposes (not land) and not in one of the cases of land use regulation in article 14 paragraph 4 of this Decree, the people are using the land be compensated for the actual land area are using. Cases on land plots have both the area are used for agricultural purposes, the area was part of compensation, assistance on the land according to the regulations for the agricultural land;
c) where land is used for agricultural purposes for which people are using land as household, individual direct agricultural production shall be compensated, in support for the actual land area are used but an area of compensation, support not exceed allocated agricultural land specified in article 70 of the law of the land and clause 1 Article 69 of Decree 181/2004/ND-CP;

d) where the land is being used in one of the cases provided for in paragraph 4 to article 13 of this decree or an area of agricultural land exceeding traffic limit of land specified in article 70 of the law of the land and clause 1 Article 69 of Decree 181/2004/ND-CP of the use of land not to be compensated on the ground; If the land is used is the land with the House in which the land is recovered without any other accommodation shall be supported on the ground or be addressed to home relocation pursuant to the provincial people's Committee.
2. in case of land plots in garden ponds, have used before on December 18, 1980 was granted a certificate as prescribed in clause 2 Article 45 of Decree 181/2004/ND-CP of land plots which are separated from the land plots without one of the papers on the right to use the land specified in the paragraph 1 , 2 and 5 of article 50, the land law, land plots remaining after the split plots that are social people's Committee confirmed no disputes are also ground support, compensation for land in pursuant to the provisions in clause 2 Article 45 of Decree 181/2004/ND-CP. Article 45. Compensation, support on the ground when the State revoked the land for land use from 15 October 1993 onwards without papers on land use 1. Cases of recovery for land used in the period from October 1993 to July 2004 but no certificate or one of the types of papers on land use regulation in article 50 paragraph 1 of the law of the land and people's Social Committee confirm that land does not dispute the claim support on the ground, follow the following rules: a) the case of the land are used as housing and land not belonging to one of the land use cases prescribed in paragraph 4 to article 13 of this Decree, the people are using the land compensation on the land according to the land use practice is but an area of compensation does not exceed allocated land in accordance item 2 Article 83 and Article 84 of the law of the 5th clause of the land at the time of the decision to revoke the land and the value of compensation to minus land use money to be paid according to the income specified in point a of paragraph 3 article 8 Decree No. 198/2004/ND-CP for the area beyond the limits of land in and the garden area land plots on the same pond, there are houses but not acknowledged as the land in the compensation, assistance on the land according to the regulations for the agricultural land;
b) where the land is being used for non-agricultural purposes (not the land) and not in one of the cases of land use regulation in article 14 paragraph 4 of this Decree, the people are using the land compensation on the land for the actual land area are used but must subtract the money payable under the land use level of currency specified in point a of paragraph 3 Article 8 of Decree 198/2004/ND-CP land prices computer collect money using the land is land use on non-agricultural purposes. Cases on land plots have both the area are used for agricultural purposes, the area was part of compensation, assistance on the land according to the regulations for the agricultural land;
c) where land is used for agricultural land belonging to the group that people are using the land as household, individual direct agricultural production shall be compensated, in support for the actual land area are used but an area of compensation, support not exceed allocated agricultural land specified in article 70 of the law of the land and clause 1 Article 69 of Decree 181/2004/ND-CP;
d) where the land is being used in one of the cases provided for in paragraph 4 to article 13 of this decree or an area of agricultural land exceeding traffic limit of land specified in article 70 of the law of the land and clause 1 Article 69 of Decree 181/2004/ND-CP of the use of land not to be compensated on the ground; If the land is used is the land with the House in which the land is recovered without any other accommodation shall be settled according to the provisions in clause 2 article 14 of Decree 196/2004/ND-CP dated. 2. Reclaimed land, occupied the land and was delivered, was not properly authorized rental since July 2004 onwards, it has the behavior of land plots, occupied or delivered incorrectly, the land, the authority not to be compensated on the ground when the recovered land.
Article 46. Compensation, support on the ground when the State revoked for incorrect assigned land to the authority before 1 July 2004 but has paid to use land that has not been allocated Land certification vires before 1 July 2004 but who are using land has paid to use land that has not been certified, the compensation, assistance on land made under the following rules: 1. in case of use of land before July 15, 1993, the people are using the land compensation on the land for the area and type of soil.
2. where the use of land in the period from October 1993 to before 1 July 2004, the people are using the land compensation, support on the ground as follows: a) compensation, assistance on land for land allocated is agricultural land, non-agricultural land is not land; for land in the land allocation limit specified in paragraph 2 to article 83 and Article 84 of the law of the 5th clause of the land;
b) be compensated for the land to be allocated land outside land allocation limit specified in paragraph 2 to article 83 and Article 84 of the law of the 5th clause of the land but minus the money payable under the land use level of currency specified in point a of paragraph 3 article 8 Decree No. 198/2004/ND-CP. Article 47. Compensation, support on the ground when the State revoked the land for other practical measurement area with the area indicated on the papers on land use cases of withdrawal land that actual measurements of area other than area indicated on the papers on land use shall be compensated according to the following rules : 1. If actual measurements area is smaller than the area recorded on paper about the compensation for land use by area actual measurements.
2. If the area of the actual measurements is more than the area indicated on the papers on land use owing to the previous measurement inaccuracies or because when the Declaration of registration before land users not to declare most of the area but the entire boundary of land plots has been determined, there is no dispute with those of adjacent land uses , not due to encroachment, capturing the compensation by area actual measurements.
3. If the actual measurements of the land more than the area indicated on the papers on land use, are the people's committees of communes where the ground level confirm more area is by reclaiming or transferring control of the previous land use, the land was used and no dispute shall be compensated according to the actual measured area.
4. no compensation on the land for the land more than the land area indicated on the papers on land use that land is more than due to encroachment, capturing that behavior.
Article 48. Compensation by land in when State agricultural land of households and individuals in direct agricultural production recovered on the 30% of the agricultural land area in the absence of State compensation by the corresponding agricultural land that has no aspirations to receive compensation by making land production sites or non-agricultural services business under the provisions of paragraph 4 Article 4 Decree No. 17/2006/ND-CP shall be compensated by land in charge of land use in resettlement areas or at the location of the settlement consistent with the master plan.
The extent of land allocated by the provincial people's Committee based on the ability to fund the land and the land recovered levels of each individual household to the regulations.
Land prices in deliveries by type of corresponding agricultural land prices had recovered plus cost of infrastructure investment but not higher than residential land prices in the corresponding conditions at the time of withdrawal land were provincial people Committee regulation and disclosure.
Chapter V sequence, PROCEDURE of WITHDRAWAL LAND and MADE the COMPENSATION and RESETTLEMENT ASSISTANCE CƯKHI, STATE LAND Article 49. Determine and announce the recovery of land policy 1. Determining the land recovery policy (for the case of withdrawal land under planning) or the text approved the investment location (for the case of the land recovery project) was made based on the following bases: a) the planning, land use plans or zoning or urban construction planning construction of rural residential point was the State Agency has Review Authority as prescribed by law;
b) land use needs in investment projects according to the provisions of the law on investment and construction legislation;
With regard to investment projects in the use of resources from the State budget, the land use needs to be determined by the decision approving the project of the competent authority; with regard to investment projects in the use of resources outside the State budget, the land use needs to be defined as the evaluation of land use needs of the Department of natural resources and the environment as specified in article 30 paragraph 1 point b of Decree 181/2004/ND-CP; for the project to build the religious basis of the land use needs to be determined by decision of the provincial people's Committee.
c) The land withdrawal cases defined in points a, b, c, d, e, g and h of paragraph 1 and points a, c and d, item 2 Article 36 of Decree 181/2004/ND-CP, paragraph 3 article 2 of Decree No. 17/2006/ND-CP, article 34 and article 35 of the Decree.
2. provincial people's Committee or the people's committees at district level, issued the text of the land recovery policy or accepted investment locations as specified in paragraph 1 of this article.
3. the people's committees at district level where the recovered land is responsible for directing widespread land recovery advocates, the provisions on the recovery of land, about compensation, resettlement and assistance when the land use on the purpose of Defense, security, national interests, public interests and economic development; Social Committee where the land is recovered is responsible for listing publicly advocated withdrawal of land committees at the headquarters level and at the point where settlement activity has recovered land, reported extensively on the radio and the social system (in areas where radio system).
Article 50. Preparing record for land areas revoked

1. Pursuant to the Committee's text referred to in paragraph 2 Article 49 of this Decree, the Agency of natural resources and the environment direct the Office of register of land use at the same level or implemented directly (for the registered office where no land use) the preparation of record for land areas revoked according to the following provisions : a) corrects map to fit the status quo and make excerpts maps for those where there have been regular cadastral maps or cadastral measurement excerpt for unnamed map official rules;
b) and star complete record (address book) to send to the duty to indemnify, the clearance;
c) Established a list of revoked land plots with the content: the number of the sheets of the map, the number of plots of land, land use, the name of the area of the land plots with the same purpose of use, the land use purpose.
2. for the land to extract the main measuring people's Committee at district level where land is revoked notice in writing to the use of land in the area to land on the main measurement. The land use is responsible for Executive, coordinating and creating favorable conditions for the measurement determines the current state of land plots.
3. The expenditure spent on the modify maps, cadastral map excerpts, excerpt, extract the star meter record by the project owner to pay for land recovery project, by developing land fund to pay for land under planning.
Article 51. Establishment, evaluation and review of the overall approach on compensation, resettlement and assistance 1. The Organization in charge of compensation, clearance (with the participation of the representative of the owner) established the overall approach on compensation, assistance and resettlement (hereinafter the plan) on the basis of existing documents, figures by the Agency of natural resources and the environment provided and submit a (01) at the Department of finance or finance (referred to as the Agency Financial) to due diligence. The overall approach has the following principal contents: a) to the cube;
b) aggregate data about an area of soil types, soil class for agricultural land, number of sheets, number of plots; the estimated value of the properties we have on the ground;
c the aggregate figures on the number) households, the number of labor demographics, land in the area, which stated the number of workers having to switch occupations, the number of households to relocation;
d) expected compensation, assistance and expected location, land area of resettlement or relocation housing, resettlement method;
DD) expected measures to help solve employment and training plan switch trades;
e) list of works and the scale of the works of the State, of institutions, religious establishments, residential community to relocate and scheduled places to relocate;
g) the number of graves are relocated and scheduled places to relocate;
h) estimation of funding projects implementation;
I) funding projects implementation;
k) progress option.
2. Within a period of not more than fifteen (15) days from the date of the overall approach, financial agencies coordinated with the Agency of natural resources and the environment, the relevant agencies to conduct the appraisal scheme and the people's committees of the same level.
3. Within a period of not more than seven (7) days from the date of the Agency's financial newspaper, the people's Committee has advocated withdrawing the land or approved of the location of responsible investment consideration, decided to approve the overall approach.
Article 52. Notification of withdrawal land 1. After the overall approach was considered, the Organization in charge of compensation, clearance has the responsibility to inform people who use the land to know the reason for the revocation; expected about compensation, resettlement assistance; measures conversion trades, jobs; the migration time and hand over the land is recovered in the overall approach.
2. The use of land has the right pursuant to the provisions of the law for comment, suggestions or request the organization duty compensation, clearance of the explanation of the content has been reported to the provisions in clause 1 of this article.
Article 53. The decision to revoke the land 1. The decision to revoke the land are as follows: a) after twenty (20) days from the date the notice provided for in clause 1 Article 52 of this Decree, the Agency of natural resources and environment is responsible for the people's committees of the same level the decision to revoke the land;
b) within a period not exceeding five (5) working days from the date of receiving documents of the Agency of natural resources and the environment at the same level, the people's Committee is responsible for reviewing, signing the decision to revoke the land;
c) case the land is recovered with land plots under the authority of the provincial people's Committee, has just had the plots of land under the jurisdiction of the people's Committee at district level, the provincial people's Committee decision to withdraw collectively for the whole land plots on the land and a decision to revoke the land plots for each jurisdiction of recovery themselves;
d) within a period not exceeding fifteen (15) days from the date of the decision on revocation of the provincial people's Committee specified in point c of this paragraph, the district level people's Committee decided to revoke the individual plots of land under the jurisdiction of his recovery.
2. The decision to revoke the land include: a) the decision of the provincial people's Committee issued about general recovery for the entire land plots of land with content including total land area recovered, the name, the address of the person in land use and land plots list is revoked;
b) decided the people's Committee of the provincial people's Committee or the district level under the authority issued about the withdrawal of land for each land plots have contents include the name, address of the recovered land; the number of sheets of the map or the number of a quote, measuring the number of plots, soil type, area (measured by record or official area figures are identified in the process of setting compensation, clearance).
3. The decision to revoke the land must be sent to the person who has recovered ground and was quoted at Headquarters level where Township people's Committee has the land been revoked during the time from the date the Commission received township-level people's decision to finish the recovery.
Article 54. Resolve complaints against the decision to revoke the land 1. The resolution of complaints made under the provisions of article 138 of the law of the land, 63 and 64 of this Decree and the regulations complaint resolution No. 136/2006/ND-CP 2. While not yet having decided to settle the complaint still must continue to make the decision to revoke the land. The case of the State Agency has the authority to resolve the complaint had concluded the recovery of land is against the law to stop the implementation of the decision to revoke the land; State authorities have issued the decision to revoke the land must have decided to cancel the decision to revoke the land were issued and compensation for damage caused by the decision to revoke the land caused (if any). The case of the State Agency has the authority to resolve the complaint had concluded the recovery of land is lawful, the person has recovered ground to accept the decision to revoke the land.
Article 55. Statements, inventory and identify the source of the land after the decision to revoke the land, the Organization in charge of compensation, clearance is responsible for implementing the Declaration, land inventory, assets attached to land and identify the source of the land according to the sequence, the following procedure : 1. The recovered land declared as template declarations by duty compensation, clearance and instructions; the Declaration must contain the following principal contents: a) area, the type of land (land use), the source, the time to start using, the type of papers on existing land use rights;
b) the number, type, level, time use and other construction works on the land; the number, type, and age for perennial plants; area, trees, yield, the yield for the tree every year; area, yield, production of aquaculture, salt;
c) demographic Numbers (according to the registered permanent residence, permanent resident locally), the number of workers affected by the revocation of the land cause (for the agricultural sector are the people directly in production of agriculture, forestry, aquaculture, salt on the recovered land plots; for non-agricultural areas are those with which the employment contract labour hire has posted business sign); relocation aspirations, career transition (if any);
d) number of graves to relocate.
2. Organize duty compensation, clearance made the inspection determines the content of the Declaration and the implementation of land inventory, assets attached to land, identify the source of the land according to the following sequence: a) check at the scene of land area for case inconsistencies , complain about the metrics area; property loss tally and compare with the content the user has declared. The inspection, tallying at the scene must have the participation of the representatives of the people's Committee of social where the land and the land has been revoked. The results tally must be signed by the person who directly make tally at the scene, who revoked the land (or the person authorized by the regulations of the law), the victims properties (or a person authorized under the provisions of the law), the main local-level officials, representatives of environmental and Resource Room , representative of the Organization leadership duty compensation, clearance;
b) working with the Office of register of land use and social committees where there is ground to identify the source of land use; determine the case compensated, get support, be resettled.
Article 56. Establishment, evaluation and review of compensation, resettlement and supporting the Organization in charge of compensation, clearance (with the participation of the owner representatives and representatives of the households have recovered land) are responsible to establish and process specific approach on compensation , support and resettlement (hereinafter called compensation) as stipulated in Decree No. 197/2004/ND-CP and Decree No. 17/2006/ND-CP DATED in sequence, the following procedure: 1. Set the compensation, resettlement assistance:

a) within a period not exceeding sixty (60) days from the date of completion of the measurements, tally, the Organization in charge of compensation, clearance is responsible for setting compensation, resettlement assistance;
b) content support, compensation, relocation include:-the name, address of the recovered land;
-Area, soil type, soil class (for agriculture), the location, the origin of the land recovered; the number, volume, percentage of quality of the rest of the damaged property;
-The base of calculation the amount of compensation, as land prices computer support compensation, housing price, works the count, number of demographics, compensation of aged workers, the number of people who are entitled to social assistance;
-The amount of compensation, support;
-The arrangement of resettlement;
-Relocate the works of the State, of institutions, religious establishments, residential community;
-The tomb.
2. Opinions about compensation, resettlement assistance: a) listed openly support, compensation, resettlement of the people's Committee at the headquarters level and at the point where settlement activity has recovered ground to the recovered land and the relevant people involved comments;
b) the listing should be made in the minutes of the Commission representative, representative of the township-level people's committees of national level, representatives of the Township who has land recovered;
c) listed time and receiving comments at least twenty (20) days from the date given listing.
3. Complete support, compensation, relocation: a) the expiry of listing and reception ideas, organize duty compensation, clearance is responsible for general opinions in writing, stating the number of comments, number of comments do not agree the number of other comments with respect to compensation, resettlement assistance; complete and submit the completed projects accompanied a general comments contribute to the financial agencies to appraise;
b) many cases comments not approved for compensation, resettlement assistance, the Organization in charge of compensation, clearance or clear review, adjust before moving the financial evaluation Agency.
4. Evaluation and browser support, compensation, relocation: a) within a period not exceeding fifteen (15) days from the date of the compensation, resettlement assistance, financial institutions are responsible for evaluation and the people's committees at the same level for approval;
b) case should continue to complete the compensation duty organizations, clearance is responsible for perfecting the compensation and return it to financial institutions. Within a period not exceeding seven (7) days from the date of receiving compensation, financial institutions are responsible to the people's committees of the same level for approval.
5. Approval of the compensation, resettlement assistance: a) within a period not exceeding fifteen (15) days from the date of the Agency's financial Newspaper, the people's committees of the same level of consideration, decided to approve the compensation.
b) where compensation, resettlement, supported by the Committee-level approval of people in which the price of land compensation, higher or lower than the support price of land by the provincial people's Committee decision and announced the people's Committee of the district level must report the provincial people's Committee and the only approved compensation after a people's Committee provincial approval of the price of land.
Article 57. Compensation, public assistance, resettlement within a period not exceeding three (3) days from receiving the compensation, resettlement, assistance has been approved, the Organization in charge of compensation, clearance is responsible for cooperation with the people's Committee of social popularity and listed the decision approving Compensation Committee at Headquarters the people of social and residential living locations where land has been revoked; send the compensation decision, support and resettlement for people to have the land is recovered, which stated about compensation levels, support, about the layout of the House or land resettlement (if any), time, location, pay compensation, support and time to hand over the land was withdrawn to make indemnity task organization , the clearance.
Article 58. Made to pay compensation, assistance and resettlement arrangement 1. After five (5) days from the date of sending the text message about compensation, resettlement, assistance to people who have the land is recovered, the Organization in charge of compensation, clearance made the compensation payment, support. The case compensated, proxy support for other people get rather then be compensated, support must do authorization in accordance with the law.
2. in case the layout of resettlement organizations duty compensation, clearance is responsible for delivery of housing or land in and the certificate on the right to use the land in ownership, housing for resettlement was before clearance. In the event of agreement between the institutions on duty compensation, clearance and resettlement was about getting housing, land in resettlement upon clearance, then follow the text of agreement signed by both parties.
3. in case the land is recovered does not receive payments on compensation, assists, didn't get home or land resettlement organizations compensation duty clearance, transfer money to pay on your own account opened at the Bank and keep the House or land resettlement to as bases for settling claims after this (if any).
4. Arising about land prices recovered (if any) after having decided to approve compensation plans, support and resettlement is treated as follows: a) case has done for compensation, resettlement and assistance before the Decree No. 197/2004/ND-CP effect is not applied or not adjusted according to Decree No. 197/2004/ND-CP and Decree No. 17/2006/ND-CP;
b) case by slow paying or receiving money compensation, slow support are resolved according to the rules in paragraph 2 article 9 of Decree 196/2004/ND-CP and item 2 article 4 of Decree 17/2006/ND-CP;
c) where the decision was approved before the date of the Decree No. 197/2004/ND-CP effective implementation but not yet made to pay compensation, resettlement and assistance, after which the land price is higher than the price of land has approved the land price adjustments made in accordance with item 2 article 9 of Decree 196/2004/ND-CP and item 2 article 4 of Decree 17/2006/ND-CP.
Article 59. The time of delivery of the land has been revoked within a period of twenty (20) days from the date the compensation duty, clearance compensation payments, support for the withdrawn land under the scheme was approved, then the person has recovered ground to hand over land to the Organization in charge of compensation , the clearance.
Article 60. Coercive land 1. The coercive land as stipulated in paragraph 3 to article 39 of the law of the land is only done when there is enough of the following conditions: a) done right the order and procedures of land, compensation, relocation, support the provisions in articles 49, 50, 51, 52, 53, 54, 55 , 56, 57, 58 and 59 of this Decree;
b) was too thirty (30) days from the time of having to hand over the land specified in article 59 of this decree that the land is recovered does not hand over the land to the duty to indemnify, the clearance;
c) after the Organization's representatives on duty compensation, clearance, the people's Committee and the Committee of the Fatherland Front recovery have land where the township level have been campaigning to convince but who has recovered land Executive not handing land had been recovered for the State;
d) decision of the people's Committee of coercive authority under the provisions of the law had the effect;
DD) Who coerced received coercive decisions. The case of the person coerced refused to accept coercive organizations decisions doing duty compensation, clearance in coordination with the social people's Committee listed coercive decisions at Headquarters level where Township people's Committee has recovered land.
2. After fifteen (15) days from the date of delivery of direct coercive decisions or listed on coercive decisions specified in point 1 of this paragraph that the DD coerced not to hand over the land, the people's Committee of the district level direction, coercive force organization revoked the land under the provisions of the law.
Article 61. Resolve complaints against the decision of compensation, resettlement, assistance or coercive land decision resolving the complaint for decision support, compensation, relocation or coercive land decision made according to the provisions of article 138 of the law of the land, 63 and 64 of this Decree and the regulations on complaint resolution No. 136/2006/ND-CP. Article 62. The separation of content support, compensation, relocation to a minor project and responsible for organizing the recovery of land, compensation, resettlement and assistance for investment projects in the ministries 1. Scale land base to implement investment projects, the Agency has the authority to approve investment projects may decide to split the contents of compensation, resettlement and assistance to a minor project and implementation independence.
2. provincial people's Committee has the responsibility to steer the Organization revoked the land, compensation, resettlement and assistance for investment projects in an State of the ministries, ministerial agencies, government agencies, corporations, corporations, business units (in this Thing called The branches).
Ministries are responsible for investment projects in collaboration with the provincial people's Committee and the Organization in charge of compensation, clearance; secure the funding for the compensation and resettlement assistance, according to the regulations.
Chapter VI SUPPLEMENT SOME PROVISIONS for COMPLAINTS ABOUT LAND Article 63. Order to resolve complaints against administrative decisions, administrative acts of the President of the people's Committee at district level

1. Within a period of not more than ninety (90) days from the date the President of the people's Committee of the district-level administrative decisions, administrative acts in the land management provisions of article 162 of Decree 181/2004/ND-CP that people have rights and obligations associated with the administrative decision or administrative acts which shall have the right to submit a complaint to the Commission the people at district level.
2. President of the district-level people's committees have the responsibility to resolve complaints under the time limit stipulated by the law on complaints and denunciation.
The decision of the Chairman of the Committee addressed the people of district level must be publicly announced and sent to the complainant, the other person has the rights and obligations involved.
3. Within a period of not more than forty-five (45) days from the date of the resolution decision of the President of the district-level people's committees that the complainant does not agree with the decision to settle it then has the right to sue out courts or complain to the provincial people's Committee.
Complaints to the provincial people's Committee, the Chairman of the provincial people's Committee has the responsibility to resolve complaints under the time limit stipulated by the law on complaints and denunciation. Complaint resolution decision of the President of the provincial people's Committee decided to settle for the second, must be publicly announced and sent to the complainant, the other person has the rights and obligations involved.
4. The Agency received a complaint log are responsible for tracking complaints.
Article 64. Order to resolve complaints against administrative decisions, administrative acts of the President of the provincial people's Committee 1. Within a period not exceeding thirty (30) days from the date the President of the provincial people's Committee has the administrative decisions, administrative acts in the land management provisions of article 162 of Decree 181/2004/ND-CP that people have rights and obligations associated with the administrative decision or administrative acts which shall have the right to submit a complaint to the Commission on human population of province level.
2. The Chairman of the provincial people's Committee has the responsibility to resolve complaints under the time limit stipulated by the law on complaints and denunciation.
Complaint resolution decision of the President of the provincial people's Committee should be publicized and sent to the complainant, the other person has the rights and obligations involved.
3. Within a period of not more than forty-five (45) days from the date of the resolution decision of the President of the provincial people's Committee that the complainant does not agree with the decision to settle it then has the right to sue in the civil courts.
4. The Agency received a complaint log are responsible for tracking complaints.
Article 65. The resolution of complaints against administrative decisions, administrative acts in the field of land not in the cases specified in article 63 and article 64 of this Decree resolving complaints against administrative acts of public officers in the people's committees of communes, wards and towns; administrative acts of public officials in the room environment and resources; administrative acts of officials and civil servants in the Office of the people's Committee of the district, the County, towns and cities in the province; administrative acts of officials and public servants in the Department of natural resources and the environment, the administrative acts of officials and civil servants in the Office of the provincial people's Committee, the central cities; administrative decisions of the Department of natural resources and the environment, and administrative decisions, administrative acts of land management of the President of the people's Committee at district level, the Chairman of the provincial people's Committee, not in the case prescribed in article 63 and article 64 of this Decree shall be made under the provisions of the law on complaints , accusations.
Chapter VII ENFORCEMENT PROVISIONS Article 66. Uniform deadlines made the transaction of land use by certificate 1. Since January 2008, the land use right certificates have been made the right to convert, transfer, rent, lease, donate for land use rights, mortgages, capital contribution by the land use authority, except in the case specified in clause 2 of this Thing.
2. Cases before 1 November 2007, the land was used to applying for certification in accordance with the provisions of law that are not yet competent State agencies issued a certificate and who use land in one of the papers on the right to use the land specified in the paragraph 1 , 2 and 5 of article 50 Land Law still made the right to convert, transfer, rent, lease, donate for land use rights, mortgages, capital contribution by the land use rights.
Article 67. Effect 1. The Decree has effect after 15 days from the date The report.
2. Repeal the following regulations: a VND account 1 and points) point b item 2 Article 36; paragraph 3 Article 42; item 2 Article 48; paragraph 1, item 2, clause 3 and clause 4 Article 80; Article 81, article 130, 145, 163, 164, 165 and 184 Articles of Decree 181/2004/ND-CP;
b) Clause 6 and clause 8 article 8; Articles 41, 42, 47, 49, paragraph 2 item 2 Article 50 of Decree No. 197/2004/ND-CP;
c) The reference in paragraph 3 to article 145 Article 116, point b and point c of paragraph 1 to article 117 of Decree 181/2004/ND-CP is replaced with the corresponding reference in article 19 of this Decree;
d) Clause 13 and clause 14 article 2, paragraph 1, paragraph 2 and paragraph 3 clause 4 Article 5, Decree No. 17/2006/ND-CP (clause 4 article 15 of Decree 198/2004/ND-CP was added according to the provisions in clause 4 Article 5, Decree No. 17/2006/ND-CP).
Article 68. Responsibility 1. The Ministers, heads of ministerial agencies, heads of government agencies, the Chairman of people's Committee of the central cities, is responsible for the implementation of this Decree.
2. During the implementation of this Decree, if there are problems, the Ministry of natural resources and environment, the Ministry of Finance shall guide under the authority or the Government amended and supplemented./.
 

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