Tải về Luật Đất Đai 2013 - văn bản tiếng Anh - the Land Law: TẠI ĐÂY
THE NATIONAL ASSEMBLY
SOCIALIST REPUBLIC OF VIETNAM
Independence - Freedom - Happiness
Law No. 45/2013/QH13
Hanoi, November 29, 2013
Pursuant to the Constitution of the Socialist Republic of Vietnam;
The National Assembly promulgates the Land Law.
Article 1. Scope of regulation
This Law prescribes the regime of land ownership, powers and responsibilities of the State in representing the entire-people owner of land and uniformly managing land, the regime of land management and use, the rights and obligations of land users involving land in the territory of the Socialist Republic of Vietnam.
Article 2. Subjects of application
1. State agencies that exercise the powers and perform the responsibilities of the representative of the entire-people owner of land, and perform the tasks of unified state management over land.
2. The land users.
3. Other subjects involving land management and/or use.
Article 3. Interpretation of terms
In this Law, the following terms are construed as follows:
1. Land parcel means a land area delimited by boundaries determined on the field or described in dossiers.
2. Master plan on land use means the distribution and zoning of land by use space in serve of the objectives of socio-economic development, national defense, security, environmental protection and climate change adaptation based on the land potential and land use demands of all sectors and fields, for each socio-economic region and administrative unit in a defined period of time.
3. Land use plan means the division of a master plan on land use according to periods of time for implementation during the period of the master plan on land use.
4. Cadastral map is a map that shows the land parcels and related geographic elements, and is made according to administrative units of communes, wards or townships, and certified by a competent state agency.
5. Land use status quo map is a map that demonstrates the distribution of various types of land at a specified time, and is made according to each administrative unit.
6. Land use-planning map is a map made at the beginning of a planning period, which demonstrates the distribution of various types of land at the end of that planning period.
7. The State allocates land use rights (below referred to as the State allocates land) means that the State issues decisions on land allocation to hand land use rights to subjects having land use demand.
8. The State leases land use rights (below referred to as the State leases land) means that the State decides to hand land use rights to subjects having land use demand under contracts on land use right lease.
9. The State recognizes land use right means that the State hands land use right to a person that is using stably the land not allocated or leased by the State, through the grant of a certificate of land use right, ownership of houses and other land-attached assets for the first time, for a certain land parcel.
10. Transfer of land use rights means the transfer of land use rights from one person to another by ways of exchange, transfer, inheritance or donation of land use rights, or capital contribution with land use rights.
11. The State recovers land means the State decides to recover land use rights from a person that is allocated land use rights by the State, or from a land user that violates the land law.
12. Land compensation means the State returns the value of land use rights for the recovered land area to land users.
13. Remaining land investment costs include costs for ground fill-up and leveling and other directly related costs that can be proved to have been invested in land and have not been retrieved by the time the State recovers the land.
14. Support when State recovers land means the State provides assistance to persons having land recovered, in order to stabilize their livelihood, production and development.
15. Registration of land, houses and other land-attached assets means the declaration and acknowledgement of the legal status of land use rights, ownership of houses and other land-attached assets, and the land management right over a certain land parcel, in the cadastral records.
16. Certificate of land use rights and ownership of houses and other land-attached assets is a legal certificate in which the State certifies the lawful land use rights and ownership of houses and land-attached assets of the person who has land use rights and ownership of houses and land-attached assets.
17. Land statistics means that the State, based on the cadastral records, sums up and evaluates the land use status at the time of making statistics, and the land-related changes between two statistical times.
18. Land inventory means that the State, based on the cadastral records and on the field, investigates, sums up and evaluates the land use status at the time of conducting inventory, and the land-related changes between two inventory times.
19. Land price means the value of land use rights calculated per unit of land area.
20. Value of land use rights means the monetary value of land use rights over a specified land area in a specified land use term.
21. Land use levy means an amount of money that a land user shall pay to the State when being allocated land with the collection of land use levy by the State, permitted to change the land use purpose, or having land use rights recognized by the State.
22. Land information system means the system consisting of information technology technical infrastructure, software, data and processes and procedures which are developed to collect, store, update, process, analyze, synthesize and track land information.
23. Land database means a collection of land data that are arranged and organized to serve the access to, use, management and update by electronic devices.
24. Land dispute means a dispute over the rights and obligations of land users among two or more parties in a land relationship.
25. Land destruction means acts of topographically deforming land, reducing land quality, polluting the land, causing the loss or reduction of the land usability according to a determined purpose.
26. Public non-business unit means an organization established by a competent state agency or by a political organization or a socio-political organization, having the function of carrying out public services in accordance with law.
27. Economic organizations include enterprises, cooperatives or other economic organizations as prescribed by the civil law, excluding foreign-invested enterprises.
28. Land for construction of underground facilities means a land area used for construction of underground facilities that are not parts of works constructed on the ground.
29. Land-using household means those who share a marital, family or foster relationship as prescribed by the marriage and family law, are living together and have joint land use rights at the time of being allocated land or leased land, or having land use rights recognized by the State; or receiving transfer of land use rights.
30. Household or individual directly engaged in agricultural production means a household or an individual that has been allocated, leased agricultural land, or having agricultural land use rights recognized by the State; or has received transfer of agricultural land use rights, and generates stable income from agricultural production on that land.
Article 4. Land ownership
Land belongs to the entire people with the State acting as the owner’s representative and uniformly managing land. The State shall hand over land use rights to land users in accordance with this Law.
Article 5. Land users
Land users may be allocated land or leased land, have land use rights recognized by the State, or receive transfer of land use rights in accordance with this Law, including:
1. Domestic organizations, including state agencies, people’s armed forces units, political organizations, socio-political organizations, economic organizations, socio-politico-professional organizations, social organizations, socio-professional organizations, public non-business organizations, and other organizations as prescribed by the civil law (below referred collectively to as organizations);
2. Domestic households and individuals (below referred collectively to as households and individuals).
3. Communities, including Vietnamese communities residing in the same village, street quarter or similar residential area sharing the same customs and practices or the same family line.
4. Religious establishments, including pagodas, churches, oratories, shrines, monasteries, abbeys, religious schools, head offices of religious organizations, and other religious establishments.
5. Foreign organizations with diplomatic functions, including diplomatic representative missions, consulates, other foreign representative agencies with diplomatic functions recognized by the Vietnamese Government, representative missions of organizations of the United Nations, inter-governmental agencies or organizations, and representative missions of inter-governmental organizations.
6. Overseas Vietnamese as prescribed by the nationality law.
7. Foreign-invested enterprises, including 100% foreign-invested enterprises, joint-venture enterprises, Vietnamese enterprises in which foreign investors purchase shares, merge or acquire in accordance with investment law.
Article 6. Land use principles
1. Compliance with master plan and plans on land use, and use for proper purposes.
2. Economy, effectiveness, environmental protection, and causing no harm to the legitimate interests of adjacent land users.
3. Land users may exercise their rights and perform their obligations within the land use term in accordance with this Law and other relevant laws.
Article 7. Persons taking responsibility before the State for land use
1. Heads of organizations, foreign organizations with diplomatic functions, or foreign- invested enterprises, shall take responsibilities for the land use by their organizations.
2. The chairpersons of the People’s Committee of communes, wards or townships shall take responsibilities for the use of agricultural land for public purposes; the use of non-agricultural land which is allocated to the People’s Committees of communes, wards or townships (below referred to as commune-level People’s Committees) for the purpose of construction of the People’s Committee offices, public facilities in serve of culture, education, health, physical training and sports, entertainment, recreation, markets, cemeteries, graveyards and other public facilities in the locality.
3. The representatives of resident community, who are the heads of villages or street quarters, or the persons appointed under agreement of resident community, shall be responsible for the use of the allocated or recognized land of the community.
4. Heads of religious establishments shall be responsible for the use of land allocated to the religious establishments.
5. Heads of households shall be responsible for the land use by the households.
6. Individuals and overseas Vietnamese shall be responsible for their land use.
7. The persons who shares, or represents a group sharing, land use rights, shall be responsible for the use of that land.
Article 8. Persons who are assigned management over land for which they shall be responsible before state
1. Heads of organizations shall be responsible for land management in the following cases:
a) Organizations assigned to manage public facilities, including roads, bridges, culverts, sidewalks, water supply and drainage systems, irrigation systems, dikes and dams; squares, statues and monuments, and memorial stela;
b) Economic organizations assigned to manage land used for investment projects in the form of build- transfer (BT) and other forms prescribed by the investment law;
c) Organizations assigned to manage land with water surface of rivers and land with special- use water surface;
d) Organizations assigned to manage the land fund recovered under decisions of competent state agencies.
2. The chairpersons of commune-level People’s Committees shall be responsible for the management over land used for public purposes which they are assigned to manage and land that has not been allocated or leased in the locality.
3. The chairpersons of People’s Committees of provinces or centrally run cites shall be responsible for the management of unused land on uninhabited islands in their localities.
4. The representatives of resident community shall be responsible for land allocated to the resident community for management.
Article 9. Encouragement of investment in land
The State shall promulgate policies to encourage land users to invest labor, materials and capital in, and apply scientific and technological achievements to, the following activities:
1. Land protection, improvement and fertilization.
2. Reclamation of waste and unused land, seaward encroachment, use of empty land, bare hills and unused land with water surface in accordance with master plans, plans on land use.
3. Development of infrastructure to increase land value.
Article 10. Land classification
Depending on use purpose, land is classified into the following types:
1. Agricultural land, including:
a) Land for cultivation of annual crops, including paddy land and land for cultivation of other annual crops;
b) Land for cultivation of perennial trees;
c) Production forest land;
d) Protective forest land;
e) Special-use forest land;
f) Aquaculture land;
g) Salt-production land;
h) Other agricultural land, including land used to build greenhouses and other building types for cultivation purpose, including fanning not directly on the land, or to build breeding facilities for cattle, poultry and other animals as permitted by law; land for cultivation, breeding and aquaculture for the purpose of learning, research or experimentation; land for planting and nursing seedlings and breeders, and land for growing flowers and ornamental plants.
2. Non-agricultural land, including:
a) Residential land, including rural residential land and urban residential land;
b) Land for construction of offices;
c) Land for national defense or security purpose;
d) Land for construction of non-business facilities, including land for construction of offices of non-business organizations; land for construction of cultural, social, health, education and training, physical training and sports, science and technology, and diplomatic facilities and other non-business facilities;
e) Land for non-agricultural production and business, including land for industrial parks, industrial clusters, export processing zones; land for trading and service; land of non-agricultural production establishments; land used for mining activities; and land for production of building materials, and pottery;
f) Land used for public purposes, including land used for transport (including airports, airfields, inland waterway ports, maritime ports, rail system, road system and other transport facilities); irrigation; land with historical-cultural relics or scenic spots; land for community activities or public entertainment and recreation; land for energy facilities; land for post and telecommunications facilities; land for markets; land for waste dumping and treatment, and land for other public facilities;
g) Land used by religious establishments;
h) Land used for cemeteries, graveyards, funeral service centers and cremation centers;
i) Land with rivers, streams, canals, springs and special-use water surface;
k) Other non-agricultural land, including land for motels, tents and camps for workers in production establishments; land for construction of warehouses and houses to store agricultural products, plant protection drugs, fertilizers, machinery and tools for agricultural use, and land for other buildings of land users which are used for non-commercial purposes and not attached to residential land.
3. Unused land, including land of types for which land use purposes have not been determined yet.
Article 11. Bases for determining land types
The determination of a land type must be based on the following grounds:
1. The certificate of land use rights, or certificate of house ownership and residential land use rights which is granted before December 10, 2009; and the certificate of land use rights and ownership of houses and other land-attached assets;
2. Papers on land use rights prescribed in Clauses 1, 2 and 3, Article 100 of this Law, for the cases in which the certificates mentioned in Clause 1 of this Article have not yet been granted.
3. Decisions on land allocation, land lease or permission for change of land use purpose issued by competent state agencies, for the cases in which the certificates mentioned in Clause 1 of this Article have not yet been granted.
4. For the cases in which papers prescribed in Clauses 1, 2 and 3 of this Article are not available, the determination of land type must comply with the Government’s regulations.
Article 12. Strictly prohibited acts
1. Encroaching, occupying or destroying land.
2. Violating publicized master plans and plans on land use.
3. Failing to use land, or using land for improper purposes.
4. Failing to comply with law when exercising the rights of land users.
5. Receiving transfer of agricultural land use rights exceeding the quota set for households and individuals as prescribed by this Law.
6. Using land, exercising land transactions without registration with competent state agencies.
7. Failing to perform or fully performing financial obligations toward the State.
8. Abusing positions and powers to act against land management regulations.
9. Failing to provide land information or providing incorrect land information as prescribed by law.
10. Obstructing, or causing difficulties to, the exercise of the rights of land users as prescribed by law.
RIGHTS AND DUTIES OF THE STATE INVOLVING LAND
SECTION 1. RIGHTS OF THE STATE INVOLVING LAND
Article 13. Rights of the representative of the land owner
1. To decide on master plans, plans on land use.
2. To decide on land use purposes.
3. To prescribe land use quotas and land use terms.
4. To decide on land recovery and land requisition.
5. To decide on land prices.
6. To decide on hand-over of land use rights to land users.
7. To decide on financial policies on land.
8. To prescribe the rights and obligations of land users.
Article 14. The State shall decide on land use purposes
The State shall decide on land use purposes through master plans and plans on land use, and permit the change of land use purposes.
Article 15. The State shall prescribe land use quotas and land use terms
1. The State shall prescribe land use quotas, including allocation quotas for agricultural land, allocation quotas for residential land, recognition quotas for recognition of residential land use rights, and quotas for receiving transfer of agricultural land use rights.
2. The State shall prescribe land use terms in the following forms:
a) Long-term and stable use;
b) Definite-term use.
Article 16. The State shall decide on land recovery or requisition
1. The State shall decide to recover land in the following cases:
a) For the purpose of national defense or security; socio-economic development for the national or public interest;
b) Land recovery due to violations of the land law;
c) Land recovery due to termination of land use in accordance with law, voluntary return of land, or the risk of threatening human life.
4. The State shall decide to requisition land in case of extreme necessity to perform national defense and security tasks, or in cases of war or emergency circumstances, or to prevent and combat natural disasters.
Article 17. The State shall allocate land use rights to land users
The State shall allocate land use rights to land users in the following forms:
1. Decision on allocation of land without the collection of land use levy, and allocation of land with the collection of land use levy.
2. Decision on lease of land with annual rental payment, and lease of land with one-off rental payment for the entire lease period.
3. Recognition of land use rights.
Article 18. The State shall decide on land prices
1. The State shall prescribe the principles and methods for land valuation.
2. The State shall promulgate land price brackets and tables, and decide on specific land prices.
Article 19. The State shall decide on financial policies involving land
1. The State shall decide policies on financial collection and spending involving land.
2. The State shall performs the regulation of the added value from land which does not originate from land user’s investment through tax police, land use levy, land rent, investment in infrastructure, and support policies for persons having land recovered.
Article 20. The State shall prescribe the rights and obligations of land users
The State shall prescribe the rights and obligations of land users in conformity with the forms of land allocation, land lease, recognition of land use rights, land use origin and financial obligations of land users.
Article 21. Exercise of the rights of the land owner representative
1. The National Assembly shall promulgate laws and resolutions on land; decide on national master plans and plans on land use; and exercise the supreme right to supervise over land management and use nationwide.
2. People’s Councils at all levels shall exercise the right to adopt local master plans and plans on land use before submitting them to competent agencies for approval; to adopt land price tables and land recovery to implement socio-economic development projects for the national or public interest in their localities, according to their competence prescribed in this Law; and to supervise the implementation of the land law in their localities.
3. The Government and People’s Committees at all levels shall exercise the rights of the land owner representative according to their competence prescribed in this Law.
SECTION 2. RESPONSIBILITIES OF THE STATE FOR LAND
Article 22. Contents of state management over land
1. Promulgating law normative documents on land management and use and organizing the implementation thereof.
2. Determining administrative boundaries, compiling and managing administrative boundary records and making administrative maps.
3. Surveying, measuring, making cadastral maps, land use status quo maps and land use planning maps; surveying and assessing land resources; and surveying for land pricing.
4. Managing master plans and plans on land use.
5. Managing land allocation, land lease, land recovery and change of land use purposes.
6. Managing compensation, support and resettlement upon land recovery.
7. Land registration, compiling and managing cadastrial records, and granting certificates of land use rights and ownership of houses and other land-attached assets.
8. Making land statistics and inventories.
9. Developing the land information system.
10. Financial management on land and land prices.
11. Managing and supervising the exercise of rights and performance of obligations by land users.
12. Inspecting, examining, supervising, monitoring and assessing the observance of the land law, and handling violations of the land law.
13. Disseminating and educating about the land law.
14. Settling land-related disputes; settling complaints and denunciations involving land management and use.
15. Managing activities of providing land-related services.
Article 23. Responsibilities for state management over land
1. The Government shall perform the unified state management over land nationwide.
2. The Ministry of Natural Resources and Environment shall take responsibility before the Government for the unified state management over land.
Related ministries and ministerial-level agencies shall, within the scope of their respective tasks and powers, assist the Government in performing the state management over land.
3. People’s Committees at all levels shall perform the state management over land in their localities according to their competence prescribed in this Law.
Article 24. Land management agencies
1. The system of land management agencies shall be organized uniformly from central level to local level.
2. The Ministry of Natural Resources and Environment is land administration agency at the central level.
Land management agencies at the local level shall be set up in provinces and centrally run cities, and in districts, towns and provincial cities; land-related public service organizations shall be set up and operate in accordance with the Government’s regulations.
Article 25. Cadastral civil servants in communes, wards and townships
1. Communes, wards and townships must have civil servants performing cadastral work in accordance with the Law on cadres and civil servants.
2. Cadastral civil servants in communes, wards and townships shall assist commune-level People’s Committees in local land management.
Article 26. The State’s guarantees for land users
1. State protects the lawful rights to use land and land-attached assets of land users.
2. State grants the certificates of land use rights and ownership of houses and other land-attached assets to land users who are eligible as prescribed by law.
3. When State recovers land for national defense or security purpose; or for socio-economic development for the national or public interest, land users shall be entitled to compensation, support and resettlement as prescribed by law.
4. State adopts policies in the form of vocational training, change of occupation and job seeking to facilitate for persons directly engaging in agriculture, forestry, aquaculture or salt production and having no land for production due to land use restructuring or economic restructuring.
5. The State does not recognize the reclaim of land which has been allocated to others in accordance with the State’s regulations in the process of implementing the land policy of the State of the Democratic Republic of Vietnam, the Provisional Revolutionary Government of the Republic of South Vietnam and the State of the Socialist Republic of Vietnam.
Article 27. Responsibilities of the State for residential and agricultural land applicable to ethnic minorities
1. To adopt policies on residential land and land for community activities for ethnic minorities in conformity with their customs, practices and cultural identities and the practical conditions of each region;
2. To adopt policies to facilitate for ethnic minorities who are directly engaged in agricultural production in rural areas to have land for agricultural production.
Article 28. Responsibilities of the State for the building up and provision of land information
1. To build up and manage the land information system and guarantee the right to access to the land information system for organizations and individuals.
2. To promptly announce and publicize available information in the land information system for organizations and individuals, except confidential information as prescribed by law.
3. To notify administrative decisions and acts in the field of land administration to organizations and individuals whose lawful rights and interests are affected.
4. Competent state agencies and persons in land administration and use shall facilitate and provide land information for organizations and individuals in accordance with law.
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