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Law 25/2001/qh10: Amendments And Supplements To Some Articles Of The Law Of The Land.

Original Language Title: Luật 25/2001/QH10: Sửa đổi, bổ sung một số điều của Luật Đất đai.

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LAW on amendments and supplements to some articles of the law of the land pursuant to the Constitution of the Socialist Republic of Vietnam in 1992;

This law amending and supplementing some articles of the law of the land was the National Assembly of the Socialist Republic of Vietnam adopted on 14 July 1993 was amended and supplemented by the law on amendments and supplements to some articles of the law of the land was the National Assembly of the Socialist Republic of Vietnam passed on 2 December 1998.

Article 1. Amendments and supplements to some articles of the law of the land: 1. Article 12 is amended and supplemented as follows: "article 12 1. Government regulations framing the soils for each region, each time and the principle, method of determining soil types.

2. Pursuant to the provisions of the Government framework and principles, methods of determining the type of soil, the provincial people's Committee, the city of centrally regulated price of land types fit the actual situation in order to calculate local tax on the transfer of land use rights; collect money when land delivery the purpose of land use, land lease, stamp fees; calculate the value of the property when land compensation, when the State revoked the land. "

2. Article 16 is amended and supplemented as follows: "article 16 1. The Government set up the planning, land use planning in the country the Congress decision.

2. The people's Committee planning levels, planning of land use in the local people's Councils at the same level through before the competent State bodies.

3. The Ministry of defence, the Ministry of public security based on the mission, its planning powers, plans to use the land by his Ministry in charge of the Government review process.

4. land administration at Central and local levels in cooperation with the authorities to help the Government of the people's Committee and planning levels, planning to use the land. "

3. Article 18 is amended and supplemented as follows: "article 18 jurisdiction to decide, review of the planning, land use plans: 1. The National Assembly decided to land use planning and land use planning in the nationwide 5 year fit the 5-year plan of the State due to the Government;

2. Government review of land use planning of the provincial people's Committee, the central cities; land use plan and five-year plans, annual supplement of the provincial people's Committee, the central cities; planning, land use plans on defense purposes, security;

3. the people's Committee of the planned review level on land use, land-use planning of the people's Committee of direct subordinates;

4. State bodies have the authority to decide, review of the planning, land use plans would then have the right to allow additional time to adjust the zoning, planning it. "

4. Article 19 is amended and supplemented as follows: "article 19 The grounds for decisions, land rental: 1. The planning, land use planning has been the competent State agencies review;

2. land use requirements stated in the project and in the design was the State Agency has the authority to approve or review written about places, land or land application, land rental. "

5. Article 23 was amended and supplemented as follows: "article 23 authority land, land rental to use on purpose is not agriculture, forestry, the salt is defined as follows: 1. Government decisions in the following cases: a) topsoil Delivered money to use land to generate the capital to build the infrastructure under the project;

b) land to use for defense purposes, security.

2. the people's committees of provinces and cities under central decisions, land rental for the following objects: a) the Organization of land use;

b) households, personal use of land in the inner city, inner town.

3. the people's Committee of the district, town or city in the decisions, lease of land to households, individuals, except in cases specified in point b of paragraph 2 of this Article. "

6. Article 24 is amended and supplemented as follows: "article 24. The authority leased land for use in agriculture, forestry, the salt is defined as follows: 1. the people's committees of provinces and cities under central decisions, land rental for land use of economic organization;

2. the people's Committee of the district, County, city, town in the decisions, lease of land to households and individuals;

3. the people's committees of communes, wards and towns for land rental in the public land fund of the communes, wards and towns. "

7. Supplement Article 24a as follows: "Article 24a.

1. The decision to transfer the land use are the purpose of use of agricultural land, forest land, salt land, land, land use to other purposes are based on planning, land use planning has been the competent State bodies.

2. The authority to decide for the people who are using the land transfer purpose use of agricultural land, forest land, salt land, land, land use to other purposes are defined as follows: a provincial people's Committee), central cities decided to transfer the land use for economic organizations , household, personal use of land in the inner city, inner town;

b) people's Committee of the district, town or city in the decision to transfer the land use purpose for households and individuals, except in cases specified in point a of this paragraph. " 

8. Supplement Article 24b as follows: "article 24b.

1. The decision for who are using rice farmland water turning to aquaculture, crops or people are using agricultural crops move to annual crops are based on planning, land use planning has been the competent State bodies.

2. The authority to decide for the people who are using rice farmland water turning to aquaculture, crops or people are using agricultural crops move to annual crops shall be as follows: a) the people's Committee, the central cities of decision with regard to the economic organization of land use;

b) people's Committee of the district, County, city, town in the decisions for households and individuals use land. "

9. Article 27 is amended and supplemented as follows: "article 27.

1. In the case of true need, State land are used by people who use the land to use for defense purposes, security, national interests, public interests, it revoked the land compensation or support. The compensation or support is done according to the regulations of the Government.

2. the State has a policy to settle for people who have recovered ground. In case the land is recovered to move then was purchased by the State housing or land had been allocated land use money to do housing.

In cases where compensation has been the State Agency has the authority to approve, was publicized and have effect according to the provisions of the law that the withdrawn land does not make the decision to revoke the land, the Agency decided to revoke the land has the right to decide. In case the Government decided to revoke the land, the provincial people's Committee, the central cities of decision-making.


3. In the case of a residential community built works serves the public interest by the community according to the master plan by funding or contribution by the people of the State have supported then the compensation or support for people who have the land used for construction by the community and who have that land deals. "

10. Article 31 is amended and supplemented as follows: "article 31.

1. The procedure of conversion of land use in rural work at the people's Committee of the commune; in the municipality do at the people's Committee of the district, County, town, city in the province.

2. the procedure for the transfer of land use rights in the people's Committee of the district, County, town, city in the province.

3. specific government regulations on procedure for rent, sublease, inheritance and land use rights as collateral, which is equal to the value of land use. "

11. Article 36 be amended and supplemented as follows: "article 36.

The certification of land use is made according to the following rules: 1. the land use right certificates by the land management agency in central release; 

2. the people's committees of provinces and cities under central Government certificates of land use rights for land use and organization the object of Government decisions. The people's Committee of the district, County, city, town in the certification of land-use rights to households, individuals;

3. In the case of land plots has many individuals not the same households or are not the same organization use, the land use right certificates are issued to each organization, each household, each individual. "

12. Supplement Article 78 g as follows: "article 78 g. Economic organizations, households, individuals have the right to use land as collateral value of land use under the provisions of the law of the land, shall be guaranteed by a mortgage or the value of land use rights, property owned by themselves attached to that land at the credit institutions are allowed to operate in Vietnam.

13. Article 80 is amended and supplemented as follows: "article 80.

1. the people's committees of provinces and cities under central Government decided to lease the land for the following cases: a) of diplomatic missions, consular agency, other agencies have foreign diplomatic functions in Vietnam;

b) representative offices of organizations of the United Nations; agencies, intergovernmental organizations, the representatives of the intergovernmental organizations in Vietnam.

2. The authority for leasing land for foreign individuals, institutions, Vietnam people settled in foreign countries investing in Vietnam are made according to the regulations of the Government.

3. Rights and obligations of the Organization, foreign individuals, international organizations, the Vietnam settled in a foreign State for the land rental is made according to the regulations of the Standing Committee of the National Assembly.

In the case of Vietnam who settled in foreign countries about long-term investment in demand for housing in the time investment in Vietnam; those who have contributed to the country; the House of culture, scientists in need of regular operations in Vietnam to serve the country's construction industry; those who have the need for live stability in Vietnam are buying houses attached to land use in prescribed by the Government. "

14. The term "technical-economic justification" in article 63 and Article 81 of law clause 2 the land was replaced with the phrase "project"; the term "compensation" in article 73, the term "compensation" in article 28 and the term "compensation" in article 79 of the law of the land is replaced with the term "compensation".

Article 2.

1. This Act has effect from 1 October 2001.

2. The Government amended and supplemented the text detailing and guiding the implementation of the law of the land in accordance with this law.

This law was the National Assembly of the Socialist Republic of Vietnam Xth session through June 29, 2001.