Luật Đất Đai 2013 văn bản tiếng Anh - Land Law No. 45/2013/QH13 of Vietnam.
Tải về Luật Đất Đai 2013 - văn bản tiếng Anh - the Land Law: TẠI ĐÂY
THE NATIONAL ASSEMBLY
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SOCIALIST REPUBLIC OF VIETNAM
Independence - Freedom - Happiness |
Law No. 45/2013/QH13
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Hanoi, November 29, 2013
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Pursuant to the Constitution of the
Socialist Republic of Vietnam;
The National Assembly promulgates
the Land Law.
Chapter 1.
GENERAL
PROVISIONS
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.
Chapter 2.
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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