Decree on amendments and supplements to some articles of the Decree guiding the implementation of the Land Law and Decree No. 187/2004/ND-CP on the transfer of State-owned companies into joint stock companies _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ 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: article 1. The scope of amendments and supplements to this regulation decree modifying, supplementing a number of articles of Decree No. 177/2004/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), Decree No. 177/2004/ND-CP on October 29, 2004 by the Government on handling administrative violations in the field of land (called the Decree 182/2004/ND-CP); Decree No. 197/2004/ND-CP dated 3 December 2004 from the Government about compensation, resettlement and assistance when the State revoked the land (known as Decree No. 197/2004/ND-CP), Decree No. 198/2004/ND-CP dated 3 December 2004 by the Government on land use charge (known as Decree No. 198/2004/ND-CP) , Decree No. 187/2004/ND-CP dated 16 November 2004 by the Government on the transfer of State-owned companies into joint stock companies (known as Decree No. 187/2004/ND-CP).
Article 2. Modifying, supplementing a number of articles of Decree No. 177/2004/ND-CP 1. Modify item 2 article 30 as follows: "2. The good standing of land legislation, land rental applicants for refugee affairs of the land, the land was State land previously leased to implement investment projects in manufacturing, sales, service. On the basis of the declarations of people please, land rental on all land, land use status has been the State of affairs, the previous rental and self review of executive law on land, resources and the environment where the land is land allocation procedures responsible land rental, contact the Department of natural resources and the environment where the land was assigned, leased to verify the level of observance of the law of the land of the land use in the process of implementation of the project was the State land, land rental.
Cases of land rent, applicants are economic organizations of non-State-owned, they must declare all of the land, the land use situation in which the State has assigned, leased for economic organizations and other economic organizations which have the same owner. "
2. additional paragraph 4 in article 30 as follows: "4. the investment Power per unit land area is calculated by the total investment on the land divided by the total land area of the project. The people's Committee of the central cities, based on specific local situation to rules capping the minimum investment per unit land area by type of project and each investment area as a base for the evaluation of projects and land use needs assessment of investment projects ".
3. additional points and point e in DD item 2 Article 36 as follows: "land use) to implement the investment project for the exploration and exploitation of minerals in accordance with laws on investment and mineral legislation; use the soil to make the surface by relocating production facilities, business services according to the environmental protection requirements or according to the master plan that cannot be arranged on an industrial, high-tech zone, the economic zone.
e) land use to implement investment projects of infrastructure and public service includes transportation, electric power, irrigation, water supply, drainage, sanitation, communications, oil and gas pipelines, gas pipelines, education, training, culture, science and technology , health, fitness, sports, fairs ".
4. Amend paragraph 7 to article 36 as follows: "7. Not transferred land has delivered for use on the purpose of Defense, security, national interests, public interests, the construction industry, done by non-agricultural business to build your home business in the land, unless the competent State organs prescribed in article 37 of the law of the land allows to transfer the land use purpose and in accordance with the base moved the land use purpose prescribed in article 31 of the law of the land. "
5. Modify the point d and point e point supplement e, g point on clause 2 Article 61: "d) where land given without auction or auction participants at least twice but no or only a case of investors formed the project please communicate or hire a specific land area to implement investment projects in accordance with the master plan;
DD) land use cases to implement investment projects on construction of housing relocation, build houses for the poor and low-income people to rent or buy, build in the public service;
e) land case in for staff, public servants move where the work according to the decision of the Agency which has jurisdiction;
g) the land has not been compensated, the clearance ".
6. Amend paragraph 1 to article 63 as follows: "1. State enterprises are delivered by the State land use or lease that does the chemistry joint-stock Enterprise holdings is a choice form the land charge to use land or rent land".
7. additional account 7 to article 84 as follows: "7. Business units ensures economic running costs are frequently competent agency tasked to build industrial infrastructure business, if the State land rental to business investment and construction of infrastructure, the industrial zone was rent back ground after infrastructure investment".
8. Amend paragraph 1 to article 101 as follows: "1. The transfer of land use right of the investment project of building a business for sale or rental housing was defined as follows: a) for cities, towns, new urban areas of cities, towns or urban planning development of city the town, not to allow the transfer of land use rights to households, individuals in the form of selling that has not build houses. The owner is the transfer of land use right for economic organizations for land has completed the construction of infrastructure in sync as the project is approved or project component of the project has been reviewed Browse; organizations receiving the transfer of land use right of land use right of the purpose, the right content build and progress in that project;
b) for other areas, the transfer of land use right of the investment business as defined in point a of this paragraph, in case of investment projects in construction of residential infrastructure synchronization, the client has to complete true to the content of the project has been the new review is the transfer of land use right associated with lower that floor for economic organizations, households and individuals ".
9. Supplement Article 111a as follows: "article 111a. Rights and obligations of persons with regard to land use cases are delivered to Earth in land, do business and production premises, land for investment projects implementation for the purpose of profit which are exempt or reduce the amount of land use, land lease 1. The State land in State or land rental to make home business building projects in which are exempt or reduce the amount of land use, land lease shall have the rights and obligations under the provisions of the law of the land as the case was not as long or reduced use of land land rents.

2. The State assigns to do business, using the land to make the project profitable purposes that get reduced land use money land lease shall have the rights and obligations under the provisions of the law of the land as the case was not as long or reduced use of land land rents for land use purposes respectively.
3. The State assigns to do business and production premises, land for investment projects implementation for the purpose of profit that are free use of land, land lease shall have the rights and obligations under the provisions of the law of the land as State land lease cases pay annual rents for land use purposes respectively.
The cases are in time construction works that people use the land do not have the ability to continue the project, the State revoked the land; the assets were invested on the ground are processed according to the provisions of article 35 of Decree No. 177/2004/ND-CP project case have completed basic construction stage that investors do not have the ability to continue the project, then sold the assets associated with the land; property buyers are continuing to implement the project and the land-use right for your purposes have been approved ".
10. Amend paragraph 1 to article 119 as follows: "1. Contracts or papers when people use the land made the right to convert, transfer, lease, sublease, inheritance, gifts for land use rights, mortgage, guarantee, capital contribution by the land use must be certified by the notary or the State Commission's endorsement people commune , Ward, subdistrict or validation of industrial management, economic zones, high-tech zones according to the following rules: a) the transfer, lease, sublease of land use rights, mortgage, guarantee, capital contribution by the land use in industrial zone, urban economy, high-tech zones must then be certified by the industrial zone management Board economic zones, high-tech zones;
b) in cases not specified in point a of this paragraph 1 must have the certificate of the notary for the State Organization, Vietnam people settled abroad, foreign organizations, foreign individuals; must be certified by the State or the endorsement of the people's Committee of the communes, wards and towns where land for households and individuals; must be certified by the State or the endorsement of the people's Committee of the communes, wards and towns where there is ground for parties are households, individuals and the remaining parties is held, the Vietnam settled abroad, foreign organizations, foreign individuals ".
11. Amend paragraph 5, paragraph 6 Article 130 as follows: "5. Before the time runs out the notice at least twenty (20) days, the Department of natural resources and environment is responsible for the provincial people's Committee, the central cities of the decision to revoke the land.
Within a period not exceeding five (5) working days from the date of the newspaper, the people's Committee of the central cities, have the responsibility to review, sign and send to the Department of natural resources and the environment, the people's Committee of the district, County, city, town in the decision to revoke the land. The decision to revoke the land should include land recovery content specific to each land plots due to religious foundations, organizations, Vietnam people settled abroad, foreign organizations, foreign individuals use and land content common to all the land by household individuals, community used.
In case of withdrawal land area due to households, individuals are then used within a period of not more than ten (10) working days from the date of the decision on revocation of the land of the provincial people's Committee, the central cities, the people's Committee of the district, County, town of the city, in the decision to revoke the land specifically for households, individuals, community used.
6. after a decision to revoke the land of provincial people's committees, the central cities, development organizations to fund the land or district people's Committee, district, town, city in the province is responsible for set up and process compensation, clearance.
Within a period not exceeding fifteen (15) working days from the date of the newspaper, the people's Committee of the central cities, have the responsibility to review, sign and send to the land fund development or the people's Committee of the district, County, town, city in the province to decide compensation review , the clearance ".
12. the repeal of paragraph 3 to article 149 13. Amend paragraph 3 to article 163 the following: "3. Within a period of not more than forty-five (45) days from the date of the resolution decision of the President of the people's Committee of the district, County, town, city in the province where 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 , central cities.
Complaints to the provincial people's Committee, the central cities, the Chairman of the provincial people's Committee, central cities have the responsibility to resolve complaints under the time limit stipulated by the law on complaints and denunciation. Complaint resolution decision of the Chairman of the provincial people's Committee, the central cities is the decision final settlement, must be publicly announced and sent to the complainant, other people have rights and obligations in relation to ".
14. Amend paragraph 3 to article 164 the following: "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, the central cities in which the complainant does not agree with the decision to settle it then has the right to sue in the civil courts".
Article 3. Modify paragraph 7 article 7 of Decree No. 196/2004/ND-CP dated as follows: "7. Form and level of sanctions is determined based on the nature and extent of the violation, consequences of administrative violations, the identity of the person who has the administrative violation, extenuating circumstances, aggravation. Extenuating circumstances, aggravation is applied according to the provisions of article 8 and article 9 of Ordinance on handling administrative violations ".
Article 4. Modifying, supplementing a number of articles of Decree No. 197/2004/ND-CP 1. Modify the additional point b, paragraph 1 of article 3 as follows: "b) Organization, individual State land had been collecting money for land use, land rental has advance money to make reparations, assist clearance shall be deducted the amount of compensation on the ground, support on the ground in land use money land rents payable to the State; the level was minus does not exceed the amount of the land use, land rent payable ".
2. Amendments, supplements article 9 paragraph 1 as follows: "1. for the calculation of compensation land Price is the price the land according to the purpose are used were provincial people's Committee, the city of centrally regulated and proclaim; not compensated by the price of land will be transferred using purpose; the case at the time of the decision to revoke the land that this price is not yet close to the transfer of land use right market practice in normal conditions, the provincial people's Committee, the central cities of specific land price decision accordingly ".
3. additional paragraph 3 to article 28 as follows:

"3. in case of households, individuals recovered land living in poor households according to the criteria of poor households by the Ministry of labor, invalids and Social Affairs announced in each period shall be supported to overcome poor households; the support level and time specific support by the provincial people's Committee, the city of centrally regulated but not less than 3 years and not exceeding 10 years from the date of completion of the recovery of the land ".
4. Amendment to article 29 as follows: "households, individual direct agricultural production recovered on the 30% of the agricultural land without compensation by the State agricultural land respectively, then occupational conversion assistance and job creation according to the following rules: 1. Be delivered ground charge at position can make production or business non-agricultural services; 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 are delivered with corresponding agricultural land price plus the cost of infrastructure investment on the land but no higher than the price of the land at the time of withdrawal land were provincial people Committee regulation and disclosure;
2. Special circumstances no ground to the layout as specified in paragraph 1 of this article, the members of the household also in working age supported training career transition; the specific level of support by the provincial people's Committee rules consistent with the local reality; supporting career transition training was performed mainly by apprenticeship at vocational institutions ".
5. additional paragraph 3 to article 36 as follows: "3. Households, individuals recovered ground in to the resettlement, the resettlement arrangement are tied to job creation or career conversion under the provisions of the following: a) If families, individual direct agricultural production without State compensation by the corresponding agricultural land with agricultural land has revoked, the layout of resettlement associated with land to do production, non-agricultural services as provided for in paragraph 1 to article 29 of this Decree;
b) if the individual household production, non-agricultural services, the residence must be tied to job creation from manufacturing, non-agricultural services; special cases do not have enough land for relocation associated with creating jobs from manufacturing, service, the non-agricultural households and individuals who supported the training of career conversion as specified in paragraph 2 to article 29 of this Decree ".
6. Amend item 2 Article 48 as follows: "2. The funding guarantees for implementation support, compensation and resettlement are excerpts not exceeding 2% of the total cost of compensation, in support of the project; specific level by provincial people's Committee decided to fit local realities and depending on the scale, nature and characteristics of each type of project; the spending, payment is made in accordance with the law.
The Land Fund or development organization the Council for compensation, resettlement assistance districts when to perform compensation, resettlement and support for multiple local projects can balance the funding levels are excerpts of each project to suit the reality but must ensure total cost implementation of compensation support, resettlement of the project not to exceed 2% of the total cost of compensation, resettlement, support of the project. "
 Article 5. Modifying, supplementing a number of articles of Decree No. 198/2004/ND-CP 1. Modify the additional clause 2, article 4 as follows: "2. The price of land land use charge calculation is the price the land according to the land use purposes are delivered have been the people's committees of the province, the city of centrally regulated and proclaim; the case at the time of delivery of the land that this price is not yet close to the transfer of land use right market practice in normal conditions, the provincial people's Committee, the central cities of specific land price decision accordingly ".
2. Amendments, supplements a item 2 article 6 as follows: "a) transfer from the soil of the garden, the pond in the same land plots in residential housing have not been recognized as ground in to the ground in the land use charge equal to 50% of the difference between the amount of land used by the price of land in land use charge with calculated according to the price of agricultural land;
The case of households, individuals are competent State agencies for permission to transfer the land use purpose from the soil of the garden, the pond is not recognized as the land in the agricultural land to land or manufacturing, non-agricultural business then collect money using the soil by the difference between the amount charged by the land use land prices of production , non-agricultural business with collect money using the land prices of farmland ".
3. Amendments, supplements article 11 paragraph 4 as follows: "4. the exemption shall not apply to funds reduction of land use, in the case of land use rights auction to collect land use land; transfer from land rental forms to form land use soil that collect money for use in the production, business purpose, except when converting to form land use soil that collect money to free use of land specified in article 12 of Decree No. 198/2004/ND-CP ".
4. additional clause 4 and clause 5 in article 15 the following: "4. Households, individuals transferred from the land use, land plots in the same pond garden houses in the neighborhood but not be recognized as ground in or transfer purpose use from agricultural land to land in land use money payable under the provisions in article 6 of this Decree and households families and individuals are using the land to be granted land use right certificates which have to paid use of land according to the provisions of article 8 of this Decree, if not yet afford the paid use of land for the State shall be debited the amount payable on the land use land use right certificates; land use debit amount is calculated according to the price of the land at the time the certification of land use.
When households, individuals perform the transaction on land use (transfer, lease, mortgage, guarantee, capital contribution by the land use rights), donated to the land use rights for people outside an inheritance under civil law (except in the case specified in clause 2 of the 110 Articles c Land Law) or compensation on the ground when the State revoked the must submit to the State the amount owed. The registered office of land use in the Resource Room and the environment where the soil is responsible corrects remove debt amount was recorded on the land use right certificates in the case of households, individuals have sufficient land use money owed to the State.
Deals on land use rights for land with the land use right certificates also debited the money payable to the State are without legal value.
5. economic organization was State land have the money to invest in land use are paid use of land according to the progress of land recorded in the investment project has been approved ".
5. Amendments, supplements article 17 paragraph 1 as follows: "1. Households, individuals are using which was used from October 1993 to July this Decree has effect, was granted land use right certificate, if owed money to use the land shall continue to be paid and debited the money using the land to the State budget according to the the provisions of paragraph 4 of article 15 of this Decree ".
Article 6. Modify paragraph 1 point b article 19 of Decree No. 187/2004/ND-CP DATED as follows:

"b) holdings business case selection form to calculate land value of land use on the enterprise value holdings as the price of land has been the people's committees of the province, the city of centrally regulated and proclaim; If this price is not yet close to the transfer of land use right market practice in normal conditions at the time of capitalization, the provincial people's Committee, the central cities of specific land price decisions accordingly. The order and delivery procedures of land, paid use of land and land use rights certificates made under the provisions of the current law of the land ".
Article 7. This Decree enforcement provisions have effect after 15 days from the date The report. Repeal of previous regulations contrary to the provisions of this Decree.
The Ministers, heads of ministerial agencies, heads of government agencies, the Chairman of the people's committees of provinces and cities under central authority responsible for the implementation of this Decree.
Ministry of natural resources and environment, the Ministry of Finance shall guide the implementation of this Decree.