Decree No. 01/2017/ND-CP Amending and supplementing some decrees detailing the implementation of the Land Law

DECREE

Amending and supplementing some decrees detailing the implementation of the Land Law

Pursuant to the Law on Government Organization dated June 19, 2015;

Pursuant to the Land Law dated November 29, 2013;

At the proposal of the Minister of Natural Resources and Environment;

The Government promulgates this Decree amending and supplementing some decrees detailing the implementation of the Land Law.

Article 1. Scope of Regulation

This Decree amends and supplements some Articles of Decree No. 43/2014/NĐ-CP dated May 15, 2014 detailing the implementation of certain provisions of the Land Law, Decree No. 44/2014/NĐ-CP dated May 15, 2014 on land prices, and Decree No. 47/2014/NĐ-CP dated May 15, 2014 on compensation, support, and resettlement when the State requisitions land.

Article 2. Amending and supplementing some Articles of Decree No. 43/2014/NĐ-CP dated May 15, 2014 detailing the implementation of certain provisions of the Land Law

1. Amending and supplementing Article 3 as follows:

"Article 3. Determination of Land Type

1. In cases where land is being used without the documents specified in Clauses 1, 2, and 3 of Article 11 of the Land Law, the land type shall be determined as follows:

a) In cases where land is being used stably and not due to encroachment, illegal change of land use purpose, the land type shall be determined according to the current land use status;

b) In cases where land is being used due to encroachment, illegal change of land use purpose, the land type shall be determined based on the origin, management, and usage history of the land.

2. In cases where the State allocates land, leases land, or permits changes in land use purpose, the determination of land type shall be based on the land use plan, construction plan, urban planning, rural residential area planning, new rural construction planning, and investment projects approved by competent state authorities.

3. For plots of land used for multiple purposes (excluding residential land with gardens and ponds within the same plot), the determination of land type as stipulated in Clauses 1 and 2 of this Article shall be carried out as follows:

a) In cases where the boundaries of land use for different purposes can be identified, the land plot shall be divided according to each purpose and the purpose determined for each plot;

b) In cases where the boundaries of land use for different purposes cannot be identified, the main land use purpose shall be determined according to the land type with the highest price in the land price list issued by the provincial People's Committee.

In cases where apartment buildings have mixed purposes, including part of the floor area used for offices, commercial facilities, and services, the main land use purpose of the land for constructing the apartment building shall be determined as residential land.

4. The authority responsible for determining the land type as stipulated in Clauses 1, 2, and 3 of this Article is the provincial People's Committee for organizations, religious institutions, foreign-invested enterprises, diplomatic organizations of foreign countries, and overseas Vietnamese using land to implement investment projects; it is the district, county, town, and city-level People's Committee (hereinafter referred to as the district-level People's Committee) for households, individuals, community residents, and overseas Vietnamese eligible to own housing under the law on housing. In cases of land requisition, the authority responsible for determining the land type is the authority authorized to requisition land under the law on land.

In cases where a land plot includes both subjects under the jurisdiction of the provincial People's Committee and the district-level People's Committee for determining the land type, the authority responsible for determining the land type is the provincial People's Committee."

2. Supplementing Article 3a as follows:

"Article 3a. Confirmation of Stable Income from Agricultural Production by Households and Individuals Directly Engaged in Agricultural Production as Specified in Clause 30 of Article 3 of the Land Law

When implementing procedures for allocating land, registering the transfer of land use rights, receiving donated land use rights, issuing Certificates of Land Use Rights, Ownership of Housing, and Other Assets Attached to Land, compensation, and support when the State requisitions land, the commune, ward, town People's Committee (hereinafter referred to as the commune-level People's Committee) shall be responsible for confirming that households and individuals directly engaged in agricultural production have stable income from agricultural production as follows:

1. The commune-level People's Committee where the household registration is located shall confirm that households and individuals directly engaged in agricultural production have stable income from agricultural production.

2. In cases where households and individuals use land not in the same location as their permanent residence registration, the commune-level People's Committee where the permanent residence registration is located shall confirm that households and individuals directly engaged in agricultural production have stable income from agricultural production after receiving a confirmation letter about the use of agricultural land from the commune-level People's Committee where the land is located."

3. Transferring Clause 2 to Clause 3, Clause 3 to Clause 4, and supplementing Clause 2 into Article 4 as follows:

"2. Local natural resources and environment agencies, including Departments of Natural Resources and Environment, District Natural Resources and Environment Offices, and Land Registration Offices, shall perform certain tasks in state management of land."

4. Amending and supplementing Point a of Clause 1 of Article 5 as follows:

“a) The Land Registration Office is a public service unit directly under the Department of Natural Resources and Environment established or reorganized by the provincial People's Committee based on the merger of the Land Use Right Registration Office under the Department of Natural Resources and Environment and existing Land Use Right Registration Offices under the District Natural Resources and Environment Offices; it has legal personality, its own office, seal, and bank account as prescribed by law.

The Land Registration Office performs functions such as land registration and registration of assets attached to land; issuing Certificates of Land Use Rights, Ownership of Housing, and Other Assets Attached to Land upon delegation as prescribed; building, managing, updating, surveying, and uniformly adjusting land records and land databases; land statistics and inventory; providing land information as prescribed to organizations and individuals in need; and performing other services based on its functions and tasks in accordance with its capacity as prescribed by law;"

5. Supplementing Article 5a as follows:

"Article 5a. Qualification Conditions for Organizations and Individuals Implementing Land Survey and Evaluation"

1. Organizations and enterprises may conduct land surveys and evaluations when they meet the following conditions:

a) Having the function to carry out land surveys and evaluations for state-affiliated organizations;

b) Having at least five individuals meeting the requirements stipulated in Clause 2 of this Article;

c) Possessing adequate equipment and technology suitable for the methods prescribed by the Minister of Natural Resources and Environment regarding land survey and evaluation techniques.

2. Individuals conducting land surveys and evaluations within organizations with the function of land survey and evaluation must meet the following conditions:

a) Having full capacity for civil acts;

b) Holding a bachelor's degree or higher in land management, cadastral affairs, soil science, pedology, environmental science, or other related fields concerning land survey and evaluation;

c) Having at least 36 months of work experience in land resource management or land survey and evaluation.

3. Organizations conducting soil sample analysis must have a soil analysis laboratory certified by the competent authority.

6. Supplement Article 5b as follows:

"Article 5b. Conditions for organizations and individuals engaged in building land information systems

1. The conditions for organizations and individuals involved in constructing technical infrastructure and software for land information systems shall be carried out in accordance with the laws on managing investment in the application of information technology using state budget funds.

2. Organizations and enterprises may engage in building land databases when they meet the following conditions:

a) Having the function to build land databases for state-affiliated organizations;

b) Having at least ten individuals for county-level land database construction activities, and at least fifteen individuals for provincial or national-level land database construction activities, all meeting the requirements stipulated in Clause 3 of this Article;

c) Possessing infrastructure and technological equipment suitable for building land databases as prescribed by the Minister of Natural Resources and Environment.

3. Individuals may practice land database construction within organizations engaged in land database construction when they meet the following conditions:

a) Having full capacity for civil acts;

b) Holding a bachelor's degree or higher in land management, cadastral affairs, geodesy and cartography, information technology, or other related fields concerning land databases;

c) Having at least 24 months of work experience in land resource management or land database construction.

4. The scope of land database construction includes building land databases at the county, provincial, and national levels.

National-level land database construction can only be carried out after the Ministry of Natural Resources and Environment has reviewed and assessed the organization's qualifications and capabilities according to the provisions of Clause 2 of this Article.

5. The process of reviewing and assessing the conditions and capabilities of organizations building land databases is as follows:

a) State-affiliated organizations and enterprises submit files to the Ministry of Natural Resources and Environment for capability assessment; the application for assessment includes:

- A document detailing the content and volume of tasks planned for land database construction;

- Copies of establishment decisions, business registration certificates, or investment registration certificates in the field of information technology, cadastral surveying, and land management; permits for cadastral surveying operations;

- A list of types and quantities of technological equipment used for land database construction;

- A list of staff registered to participate in implementation, including their educational background, training certificates in land database construction, and work experience;

- A list of land database construction projects and works already completed, ongoing, or participated in (if applicable).

b) Within thirty days from the date of receiving complete and valid files, the Ministry of Natural Resources and Environment completes the review and notifies the results to the state-affiliated organizations and enterprises.

7. Amend and supplement Clause 4 of Article 6 as follows:

"4. The Ministry of Finance shall submit to the Prime Minister for issuance of a model regulation on the management and use of the Land Development Fund; it shall specify the procedures for allocating, accounting, settling accounts, raising, and utilizing funds of the Land Development Fund, and the entrustment mechanism for the local development fund and other financial funds in cases where the independent operation of the Land Development Fund is not established according to the regulations on state budget management and financial funds.

The People's Committee of the province shall base on the provisions of Clauses 1, 2, and 3 of this Article, the Prime Minister's model regulation on the management and use of the Land Development Fund, and other relevant regulations to decide on establishing or adjusting the functions and tasks of the previously established Land Development Fund, and to determine the organizational structure, sources of capital, and operational mechanisms of the Land Development Fund to suit the actual conditions and circumstances of the locality."

8. Transfer Clause 5 to Clause 6 and supplement Clause 5 into Article 7 as follows:

"5. In cases where adjustments are necessary regarding the scale, location, and number of projects and works without changing the land use indicators by type and area of use according to the function in the land use plan at the county level, the Department of Natural Resources and Environment shall compile the land use needs of organizations, households, and individuals and report to the People's Committee of the county. The People's Committee of the county shall report to the Department of Natural Resources and Environment for consideration and approval to implement and update into the annual land use plan of the county for the next year.

In cases where additional projects and works require land acquisition as stipulated in Clause 3 of Article 62 of the Land Law, such actions must be approved by the Provincial People's Council before the People's Committee of the province considers and approves for implementation and updating into the annual land use plan of the county for the next year."

9. Supplement Article 7a as follows:

"Article 7a. On land planning in the planning for new rural areas"

1. The content of the land use plan in the new rural commune construction planning must ensure consistency with the land use plan of the district level.

For new rural commune construction planning that has been approved by competent state agencies before this Decree takes effect, it must be reviewed and adjusted to ensure consistency with the land use plan of the district level.

2. The recovery of land, allocation of land, leasing of land, and permission for changing the purpose of land use to implement the new rural commune construction planning must be based on the annual land use plan of the district level which has been approved by the competent authority.

10. Supplement Clause 6 to Article 9 as follows:

"6. Procedures and formalities for submitting to the Provincial People's Committee for consideration and approval in cases where adjustments are needed regarding the scale, location, and number of projects and works but without changing the land use indicators according to the type and area of land use functions in the district-level land use plan:

a) Within no more than seven days from the date of receiving the proposal for adjustment requests regarding the scale, location, and number of projects and works using land in the annual land use plan at the district level, the Department of Natural Resources and Environment will compile a report to submit to the District People's Committee. The District People's Committee will send the dossier to the Department of Natural Resources and Environment for review and submission to the Provincial People's Committee. The dossier includes: the proposal of the District People's Committee; the list of projects and works requiring adjustment; the map showing the location, boundaries, and areas of projects and works requiring adjustment;

b) Within no more than three days from the date of receiving complete and valid dossiers, the Department of Natural Resources and Environment will submit to the Provincial People's Committee. Within no more than five days from the date of receiving complete dossiers from the Department of Natural Resources and Environment, the Provincial People's Committee will consider and approve the implementation and update it into the annual land use plan of the next year;

c) In cases where additional projects and works require land recovery according to Clause 3, Article 62 of the Land Law, within no more than ten days from the date of receiving complete and valid dossiers, the Department of Natural Resources and Environment will compile a list of projects and works requiring additional land recovery to report to the Provincial People's Committee for submission to the Provincial People's Council for approval."

11. Supplement Clauses 5, 6, and 7 to Article 14 as follows:

"5. In cases where households or individuals have the need to change the purpose of rice cultivation land, protective forest land, special-use forest land to other purposes for implementing investment projects, they must comply with the provisions of Clause 1, Article 58 of the Land Law.

6. For areas of rice cultivation land, protective forest land, special-use forest land that have been approved by the Prime Minister through official documents or resolutions of the Provincial People's Councils for other uses but have not yet received decisions on land recovery, allocation, leasing, or permission to change the purpose of land use for project implementation, such areas can be transferred to implementation in subsequent years but shall not exceed three years as stipulated in Clause 3, Article 49 of the Land Law, and there is no need to reapply for approval from the Prime Minister or submit to the Provincial People's Council for approval according to Clause 1, Article 58 of the Land Law if continuing the project.

7. The conversion of crop structure on rice cultivation land to perennial crops by households or individuals shall be carried out as follows:

a) Households or individuals must register the conversion of crop structure on rice cultivation land with the Commune People's Committee where the land is located;

b) The Commune People's Committee where the land is located will examine and decide on the perennial crops that can be converted. Such conversion should not destroy conditions suitable for returning to rice cultivation, such as not altering the terrain, causing soil pollution or degradation, damaging transportation infrastructure or irrigation facilities serving rice cultivation, and should be consistent with the commune's plan for converting crop structures from rice to perennial crops;

c) Rice cultivation land that meets the requirements set forth in point b of this clause will still be counted as rice cultivation land;

d) The Ministry of Agriculture and Rural Development shall take the lead in coordinating with the Ministry of Natural Resources and Environment to specify the procedures for converting crop structures on rice cultivation land."

12. Supplement points c, d, and e to Clause 2 of Article 15 as follows:

"c) In cases where the non-use of land is identified only during inspection or audit, exceeding twelve consecutive months or delayed progress in land use exceeding twenty-four months, the deadline for extending the land use period by twenty-four months shall be calculated from the date when the competent authority issuing the land allocation or lease decision makes the extension decision. The decision on extending the land use progress made by the competent authority shall be issued within thirty days from the date of receiving the inspection result report or audit conclusion if the land user submits a request for extension;

d) Land users who have not used the land for over twelve months or whose progress in land use has been delayed for over twenty-four months and wish to extend the deadline for putting the land into use must submit a written request to the People's Committee with the authority to allocate or lease land for consideration and decision-making on the extension.

If fifteen days have passed since the state agency issued a document identifying the violation and the land user does not submit a request for extension, the People's Committee with the authority to allocate or lease land will decide to recover the land according to regulations;

e) The Ministry of Finance shall specify in detail the determination of land use fees and land lease fees payable during the twenty-four-month extended land use period as stipulated in point i, Clause 1, Article 64 of the Land Law."

13. Supplement Article 15a as follows:

“Article 15a. Recovery of land for cases where the land user does not fulfill their obligations

The recovery of land for cases where the land user does not fulfill their obligations to the State as stipulated in point g, Clause 1, Article 64 of the Land Law shall be carried out when the land user does not fulfill or fulfills incompletely the obligation to pay land use fees or land lease fees as prescribed by law, and has been compulsorily enforced by competent state agencies but still fails to comply.

14. Supplement Article 15b as follows:

“Article 15b. Recovery of land for cases where investment projects cease operations as prescribed by law on investment

The recovery of land for cases where investment projects cease operations as prescribed by law on investment, except for cases where the State recovers land according to Clause 1, Article 64 and Clause 1, Article 65 of the Land Law, shall be implemented as follows:

1. In cases where the State grants land with payment of land use fees or leases land with payment of lease fees for the entire lease period, the recovery of land shall be handled as follows:

a) The investor may continue to use the land for 24 months from the date the investment project ceases operations as prescribed by law on investment;

b) Within 24 months from the date the investment project ceases operations as prescribed by law, the investor may transfer the right to use the land or sell lawful assets attached to the land to another investor in accordance with the law.

When the extended land use period expires within 24 months and the investor fails to transfer the right to use the land or sell lawful assets attached to the land to another investor, the State will recover the land according to point i, Clause 1, Article 64 of the Land Law.

2. In cases where the State leases land with annual payment of lease fees, the recovery of land shall be handled as follows:

a) The investor may continue to use the land for 24 months from the date the investment project ceases operations as prescribed by law on investment;

b) Within 24 months from the date the investment project ceases operations as prescribed by law, the investor may sell lawful assets attached to the land to another investor in accordance with the law.

The State will recover the land from the seller of the asset attached to the leased land and lease it to the buyer of the asset.

c) When the extended land use period expires within 24 months and the investor fails to sell lawful assets attached to the land to another investor, the State will recover the land according to point i, Clause 1, Article 64 of the Land Law.

15. Supplement Clauses 5, 6, 7, 8, and 9 to Article 16 as follows:

"5. In cases where the area of land for implementing production and business projects includes part of agricultural land used for public purposes or part of land that the current land users do not have the right to transfer, lease, or contribute capital through land use rights as prescribed by law on land, and there are no assets attached to the land, the People's Committee at the appropriate level shall decide to recover the land and lease it to the investor to implement the project for that area of land.

6. In cases where the area of land for implementing production and business projects includes part of land granted by the State for management as prescribed in Article 8 of the Land Law, the People's Committee at the appropriate level shall decide to recover the land and lease it to the investor to implement the project.

7. In cases where land is used to implement investment projects through the purchase of assets attached to the land, receiving transfers, leasing land use rights, or receiving contributions through land use rights with different land use periods, the land use period shall be re-determined according to the project implementation period prescribed in Clause 3, Article 126 of the Land Law; if it does not fall under the scope of investment procedures prescribed by law on investment, the land use period shall be decided by the competent People's Committee granting land or leasing land, but shall not exceed 50 years. In cases where land use rights are transferred for land types intended for long-term stable use, the re-determined land use period shall be long-term stable use.

8. Using land for production and business purposes through the purchase of assets attached to the land, receiving transfers, leasing land use rights, or receiving contributions through land use rights shall only be implemented in cases prescribed in Article 73 of the Land Law.

9. The Ministry of Natural Resources and Environment shall provide detailed regulations for this provision."

16. Amend point c, supplement points d, đ, and e to Clause 2, Article 18 as follows:

"c) Application for registration of rice field land use rights in cases where there are no documents specified in points a and b of this clause.

If there are discrepancies between the time of application and the confirmation time in the application for registration of rice field land use rights, the establishment time of the application shall be calculated based on the earliest time recorded in the application;

d) Documents certifying the registration of land use rights issued by the People's Committee of the commune, district, or province to the land user;

đ) Documents regarding the declaration of house registration confirmed by the People's Committee of the commune, district, or province, which include the area of land with houses;

e) Documents of defense units transferring land to officers and soldiers for housing before October 15, 1993, according to Directive No. 282/CT-QP dated July 11, 1991, of the Minister of National Defense, provided that such land transfer is consistent with the planning for housing for officers and soldiers in the defense land planning approved by the competent authority."

17. Supplement Clause 9 to Article 18 as follows:

"9. The Department of Natural Resources and Environment, the District Office of Natural Resources and Environment shall provide land registers, land survey books established before December 18, 1980, as prescribed in Clause 1 of this Article, which are stored in their offices, to the People's Committee of the commune and the land users to serve the registration and issuance of certificates of land use rights, ownership of houses, and other assets attached to the land."

18. Amend and supplement point a, Clause 5, Article 22 as follows:

"a) In case the land plot has residential buildings, the residential land area shall be recognized as equal to the local residential land recognition standard if the land was stably used before October 15, 1993; the residential land area shall be recognized as equal to the local residential land allocation standard if the land was stably used from October 15, 1993 to before July 1, 2014;"

19. Supplement Clause 6 to Article 23 as follows:

"6. In cases where the person requesting issuance of the Land Use Right Certificate, House Ownership Certificate, and Certificates for Other Assets Attached to the Land for a land plot allocated without proper authority before July 1, 2004, such land does not have disputes, complies with planning but at the time of issuing the certificate there is a house or no house, then such cases shall be considered for issuance of the certificate and must fulfill financial obligations as prescribed."

20. Supplement Article 24a as follows:

“Article 24a. Issuance of the Land Use Right Certificate, House Ownership Certificate, and Certificates for Other Assets Attached to the Land for additional land areas compared to the land use right documents for households and individuals currently using the land

In cases where resurveying results in the actual land plot area being larger than the area recorded on the previously issued Land Use Right Certificate or land use right documents stipulated in Article 100 of the Land Law, Article 18 of this Decree, and the actual boundary of the land plot differs from the boundary at the time of issuance of the Land Use Right Certificate or land use right documents, the issuance of the Land Use Right Certificate, House Ownership Certificate, and Certificates for Other Assets Attached to the Land for the additional land area shall be carried out as follows:

1. In cases where the additional land area is due to transfer, inheritance, or gift of land use rights already certified, it shall be carried out as follows:

a) Carry out the procedures for transferring, inheriting, or gifting the additional land area according to Article 79, Clause 2 Article 82 and the procedure for replacing the Land Use Right Certificate for the original land plot (the land plot without the additional land area) according to Article 76 of this Decree if the original land plot already has a Land Use Right Certificate without requiring the land user to carry out the land consolidation procedure. The Land Registration Office is responsible for confirming on the Application for Reissuance or Replacement of the Land Use Right Certificate, House Ownership Certificate, and Certificates for Other Assets Attached to the Land for the additional land area and sending the cadastral information to the tax authority, processing the issuance of the certificate, updating and amending the cadastral records, land database for the entire currently used land plot, delivering the certificate to the recipient or sending it to the People's Committee of the commune for delivery in cases where the application is submitted to the People's Committee of the commune;

b) Carry out the procedures for transferring, inheriting, or gifting the additional land area according to Article 79, Clause 2 Article 82 and the procedure for issuing the first Land Use Right Certificate for the original land plot according to Article 70 of this Decree if the original land plot has land use right documents stipulated in Article 100 of the Land Law, Article 18 of this Decree. The Land Registration Office is responsible for confirming on the Registration Form, issuing the Land Use Right Certificate, House Ownership Certificate, and Certificates for Other Assets Attached to the Land for the additional land area and sending the cadastral information to the tax authority, processing the issuance of the certificate, updating and amending the cadastral records, land database for the entire currently used land plot, delivering the certificate to the recipient or sending it to the People's Committee of the commune for delivery in cases where the application is submitted to the People's Committee of the commune.

2. In cases where the additional land area is due to transfer, inheritance, or gift of land use rights before July 1, 2014 and the additional land area has land use right documents stipulated in Article 100 of the Land Law, Article 18 of this Decree, it shall be carried out as follows:

a) Carry out the procedures for issuing the first certificate for the additional land area according to Article 70 and the procedure for replacing the Land Use Right Certificate for the original land plot according to Article 76 of this Decree if the original land plot has been issued a certificate. The Land Registration Office is responsible for confirming on the Application for Reissuance or Replacement of the Land Use Right Certificate, House Ownership Certificate, and Certificates for Other Assets Attached to the Land for the additional land area and sending the cadastral information to the tax authority, processing the issuance of the certificate, updating and amending the cadastral records, land database for the entire currently used land plot, delivering the certificate to the recipient or sending it to the People's Committee of the commune for delivery in cases where the application is submitted to the People's Committee of the commune;

b) Carry out the procedures for issuing the first Land Use Right Certificate according to Article 70 of this Decree for the entire land plot if the original land plot has land use right documents stipulated in Article 100 of the Land Law, Article 18 of this Decree.

3. In cases where the additional land area does not have land use right documents stipulated in Article 100 of the Land Law, Article 18 of this Decree, it shall be carried out as follows:

a) In cases where the land user does not violate land laws, the examination and handling and issuance of the Land Use Right Certificate, House Ownership Certificate, and Certificates for Other Assets Attached to the Land for the additional land area shall be carried out according to Article 20 of this Decree;

b) In cases where the additional land area is due to the land user violating land laws before July 1, 2014, the examination and handling and issuance of the Land Use Right Certificate, House Ownership Certificate, and Certificates for Other Assets Attached to the Land for the additional land area shall be carried out according to Article 22 of this Decree;

c) In cases where the additional land area is due to the land user being allocated land beyond their authority before July 1, 2014, the examination and handling and issuance of the Land Use Right Certificate, House Ownership Certificate, and Certificates for Other Assets Attached to the Land for the additional land area shall be carried out according to Article 23 of this Decree;

d) The procedure for issuing the Land Use Right Certificate for additional land area shall be carried out in accordance with Article 70 of this Decree, and the issuance of a new Land Use Right Certificate for the original plot of land shall be conducted in accordance with Article 76 of this Decree if the original plot of land has already been issued a Land Use Right Certificate. The Land Registration Office is responsible for confirming on the Application for Issuance or Replacement of the Land Use Right Certificate for the additional land area and sending the cadastral information to the tax authority, and then issuing the certificate after the land user has completed their financial obligations, updated and corrected the cadastral records and database for the entire currently used plot of land, and delivered the certificate to the recipient or sent it to the People's Committee at the commune level for delivery in cases where the application was submitted to the People's Committee at the commune level.

đ) The procedure for issuing the Land Use Right Certificate for the entire plot of land in accordance with Article 70 of this Decree if the original plot of land has land use rights documents in accordance with Article 100 of the Land Law and Article 18 of this Decree.

21. Supplement Point c to Clause 1 of Article 26 as follows:

“c. In the case of residential buildings combined with office spaces, service facilities, and commercial establishments, if the developer has the need and meets the conditions, they may be granted the Land Use Right Certificate for the right to use land, ownership of housing, and other assets attached to the land for one or more apartments, offices, service facilities, or commercial establishments owned by the developer.”

22. Supplement Clause 4 to Article 32 as follows:

“4. For projects with multiple construction components reflected in the investment project approval decision, investment project decision, investment permit, investment certificate, detailed planning approval certificate, construction permit issued by the competent authority, if the developer has the need and meets the conditions, they may be granted the Land Use Right Certificate for the right to use land, ownership of housing, and other assets attached to the land for each construction component or part of the area of each construction component.”

23. Transfer Clause 3 to Clause 5, supplement Clauses 3 and 4 to Article 37 as follows:

“3. For localities that have established a Land Registration Office, the certification of ownership of houses and other assets attached to the land on the issued certificate shall be carried out by the Land Registration Office or its branch according to the decision of the Provincial People's Committee.

4. The Provincial People's Committee shall base on specific conditions in the locality regarding the organizational structure and material resources of the Land Registration Office to stipulate the authorization for the Department of Natural Resources and Environment to grant the Land Use Right Certificate for the right to use land, ownership of housing, and other assets attached to the land for the cases specified in Clause 1 of this Article.

The cases of granting the Land Use Right Certificate for the right to use land, ownership of housing, and other assets attached to the land stipulated in Clause 1 of Article 105 of the Land Law and this clause shall use the seal of the Department of Natural Resources and Environment.

24. Supplement Article 38a as follows:

“Article 38a. Leasing assets attached to leased land or subleased land paid annually

1. Economic organizations, overseas Vietnamese, foreign-invested enterprises, households, individuals leasing state-owned land paid annually; leasing land or subleasing land in industrial parks, export processing zones, clusters of small and medium-sized enterprises, craft villages paid annually and having been issued a Land Use Right Certificate may lease assets legally established on the land in accordance with the provisions of the law on real estate business if they meet the conditions prescribed by the law on real estate business. The lessee must use the assets on the land in accordance with the purpose determined in the land lease decision of the competent state agency or in the signed land lease contract.

2. Publicly funded organizations operating independently financially leasing state-owned land paid annually; leasing land or subleasing land in industrial parks, export processing zones, clusters of small and medium-sized enterprises, craft villages paid annually and having been issued a Land Use Right Certificate may lease assets attached to the land in accordance with the laws on land and management and use of state assets. The lessee of the assets attached to the land must use the land for the correct purpose.”

25. Supplement Clause 3 to Article 39 as follows:

“3. Foreign-invested enterprises using land through the transfer of investment capital value as the land use right value prescribed in Point b Clause 1 Article 169 of the Land Law shall have the rights and obligations prescribed in Clause 3 Article 183 of the Land Law.”

26. Supplement Article 42a as follows:

“Article 42a. Conditions for transferring land use rights associated with the transfer of a portion or all of an investment project that is not a real estate development project or an infrastructure construction project for transfer or lease

The transfer of land use rights associated with the transfer of a portion or all of an investment project that is not a real estate development project or an infrastructure construction project for transfer or lease must comply with the conditions prescribed by the laws on investment and real estate business and ensure the following conditions:

1. Meeting the conditions prescribed in Clause 1 Article 188 of the Land Law;

2. The investor must complete the financial obligations related to land of the project including land use fees, land rental fees; taxes, fees, and charges related to land (if applicable) as follows:

a) In the case where the investor transfers the entire investment project, they must complete the financial obligations related to land for the entire area of the project;

b) In the case where the investor transfers a portion of the investment project, they must complete the financial obligations related to land for the transferred area.

3. The transferee of the land use rights associated with the transfer of a portion or all of the investment project must meet the conditions prescribed in Article 58 of the Land Law, Article 13 and Article 14 of this Decree and must use the land for the intended purpose.”

27. Amend and supplement Article 43 as follows:

Article 43. Land use in cases of purchase, sale, transfer of shares or equity interests in enterprises; state-owned enterprise shareholding reform

1. The use of land in cases of purchase, sale, transfer of shares or equity interests in enterprises, including the value of land use rights and attached assets, shall be carried out as follows:

a) In cases of purchase, sale, transfer of shares or equity interests in enterprises, including the value of land use rights and attached assets, but without changing the land users or owners of attached assets, there is no need to go through procedures for registering changes in land use rights and attached assets.

b) In cases of purchase, sale, transfer of shares or equity interests in enterprises, including the value of land use rights, if there is a change in the land users or owners of attached assets, within thirty days from the date of purchase, sale, or transfer of shares or equity interests in the enterprise, the enterprise must complete the procedures for transferring land use rights, registering changes in land use rights and attached assets with competent state agencies, and fulfill financial obligations as prescribed. For foreign-invested enterprises, the duration of land use shall be according to the project investment period but not exceeding the period specified in Clause 3, Article 126 of the Land Law.

c) In cases of purchase, sale, transfer of state-owned shares in enterprises, the determination of the value of land use rights included in the capital or shares of the state shall be carried out in accordance with laws on land, laws on management and use of state capital invested in production and business at enterprises, and laws on state-owned enterprise shareholding reform.

Cases of purchase, sale, or transfer of state-owned shares or equity interests as stipulated herein must reassess the value of land use rights based on specific land prices at the time of transfer. The purchase, sale, or transfer of shares or equity interests shall be conducted in accordance with laws on land and laws on management and use of state capital invested in production and business at enterprises.

2. Management and use of land when implementing state-owned enterprise shareholding reform shall be carried out as follows:

a) When conducting state-owned enterprise shareholding reform, the enterprise undergoing shareholding reform has the responsibility to review all managed and used land funds comprehensively to establish a land use plan in accordance with laws on land and laws on reorganization and handling of state-owned real estate, and submit it to competent state agencies for approval before organizing the valuation of the shareholding reform enterprise.

The land use plan of the shareholding reform enterprise is part of the dossier submitted to competent state agencies for approval of the shareholding reform plan and shall be implemented publicly in accordance with the law.

b) Within sixty days from the date of issuance of the first business registration certificate, the shareholding enterprise has the responsibility to complete procedures to obtain land allocation, land lease, and certificates of land use rights, ownership of houses, and other attached assets from the state in accordance with the law.

For land that the state has allocated to state-owned enterprises without collecting land use fees, the shareholding enterprise must switch to leasing land if it falls under the category of land leases permitted by the Land Law; the shareholding enterprise can receive land allocation with land use fees if it falls under the category of land allocation with land use fees. The land price for state land leases and allocations is determined based on specific land prices at the time of the decision to lease or allocate land by competent state agencies. The duration of land use starts from the date of the decision to allocate or lease land to the shareholding enterprise. The shareholding enterprise is responsible for paying land use fees and land lease fees in accordance with the law.

For land that the state has leased to state-owned enterprises annually or for the entire lease period in one payment, and land received by state-owned enterprises through transfers with origins as land leased in one payment to the state, the shareholding enterprise may continue leasing the land for the remaining lease period. The shareholding enterprise must complete the procedures for leasing land and sign new land lease contracts with competent state agencies within sixty days from the date of issuance of the first business registration certificate. The handling of the amount paid or paid by state-owned enterprises to receive land use right transfers is carried out in accordance with laws on land and laws on shareholding reform.

For land that the state has allocated to state-owned enterprises with land use fees, and land received by state-owned enterprises through transfers with origins as land allocated with land use fees, which now fall under the category of land leases as stipulated in the 2013 Land Law, during shareholding reform, the shareholding enterprise must switch to leasing land. The handling of the amount paid by state-owned enterprises when the state allocates land or pays to receive land use right transfers is carried out in accordance with laws on land and laws on shareholding reform.

For land that the state has allocated to state-owned enterprises with land use fees, and land received by state-owned enterprises through transfers with origins as land allocated with land use fees, which now fall under the category of land allocations with land use fees as stipulated in the 2013 Land Law, during shareholding reform, the shareholding enterprise may continue using the land in the form already allocated.

c) The determination of the value of land use rights when conducting state-owned enterprise shareholding reform shall be carried out in accordance with laws on land and laws on state-owned enterprise shareholding reform, but must ensure the principle that the land price for determining the value of land use rights is the specific land price decided by the provincial People's Committee in accordance with Clause 3 and Point d, Clause 4, Article 114 of the Land Law.

The agency responsible for determining the specific land price to calculate the value of the land use right and the land rental price when state-owned enterprises are equitized shall publicly announce the determined land price on the website of the provincial People's Committee, the Ministry of Natural Resources and Environment, and the Ministry of Finance at least 15 days before submitting it to the provincial People's Committee for decision.

3. Handling existing issues for cases where equitized enterprises are using land before this Decree takes effect but have not yet completed the legal procedures regarding land use rights as prescribed:

a) The provincial People's Committee is responsible for directing the inspection and review of land management and usage according to the equitization plan that has been approved to complete the procedures for allocating land, leasing land, and issuing certificates of land use rights, ownership of houses, and other assets attached to the land for the equitized enterprise in accordance with the regulations.

In case violations in land management and usage are discovered, the provincial People's Committee is responsible for organizing inspections and checks to resolve them completely before proceeding with the procedures for allocating land, leasing land, and issuing certificates to the equitized enterprise.

b) The equitized enterprise is responsible for completing the procedures to be allocated land, lease land, and obtain certificates of land use rights, ownership of houses, and other assets attached to the land in accordance with the law. The handling of financial obligations related to land (if any) shall be carried out in accordance with the laws on land use fees, land rental fees, and equitization.

c) The land-related procedures stipulated in points a and b of this clause must be completed within 180 days from the date this Decree takes effect.

4. In cases where state-owned enterprises have been equitized before this Decree takes effect and have already handled land use rights in accordance with the law on land when equitizing state-owned enterprises, they may continue to use the land under the form of land allocation with payment of land use fees or land leasing within the remaining period of land use.

28. Supplement Article 43a as follows:

"Article 43a. Handling land use rights currently leased or mortgaged when the State recovers land

1. Land that is currently leased or mortgaged and is recovered by the State in accordance with Articles 61 and 62 of the Land Law, the lease contracts and mortgage contracts will be terminated. The handling of rights and obligations related to land use rights among the parties in the lease contract and mortgage contract shall be carried out in accordance with civil law.

2. For land that is currently leased and is subject to recovery according to points a, b, c, d, g, h, and i of Clause 1, Article 64 of the Land Law, the lease contract will be terminated and the recovery of land will be carried out as follows:

a) If the land lessor is the party causing the violation of the law on land, the State will recover the land. The land lessor must compensate the lessee for losses in accordance with civil law;

b) If the lessee is the party causing the violation of the law on land, the State will recover the land. The lessee must compensate the lessor for losses in accordance with civil law;

c) If the party causing the violation of the law on land is neither the lessor nor the lessee, the State will recover the land, and the violator will be responsible for compensating the affected party in accordance with the law.

3. When the State recovers land as specified in points a, b, c, d, g, h, and i of Clause 1, Article 64 of the Land Law, and the land use rights are mortgaged, the mortgage contract will be terminated; the mortgagor must repay the loan to the mortgagee in accordance with civil law and other relevant laws.

4. For land leased or mortgaged by individuals who have died without heirs, the State will recover the land, and the State will be responsible for resolving the rights and obligations related to the land plot in accordance with the law; the lease contract and mortgage contract will be terminated, and the land use rights will be resolved as follows:

a) In the case of leasing land, the lessee will continue to be allocated land by the State for the remaining term of the lease contract;

b) In the case of mortgaging land use rights, the land use rights will be handled according to the provisions of the law on secured transactions."

          29. Supplement Article 43b as follows:

"Article 43b. Using agricultural land transferred from households and individuals to implement investment projects

The use of agricultural land transferred from households and individuals, which is not annual land rental land, to implement investment projects is regulated as follows:

1. Economic organizations using agricultural land transferred from households and individuals, except for rice-growing land, protective forest land, and special-use forest land, to implement agricultural production projects without changing the land use purpose, may continue to use the land without converting to rental land; the duration of land use is determined according to the project implementation period specified in Clause 3, Article 126 of the Land Law.

In cases where economic organizations apply for permission to change the land use purpose to another type of agricultural land as stipulated in Clause 1, Article 57 of the Land Law, they must fulfill their financial obligations in accordance with the law, without converting to rental land; the duration of land use is determined according to the project implementation period specified in Clause 3, Article 126 of the Land Law.

2. An economic organization that uses agricultural land obtained through the transfer of land use rights from households or individuals, where such land was leased by the State for a one-time payment covering the entire lease period, except for rice-growing land, protective forest land, and special-use forest land, may continue to use the land under the lease form to implement agricultural production investment projects; the duration of land use shall be determined according to the project's investment term specified in Clause 3, Article 126 of the Land Law.

In cases where an economic organization requests permission to change the purpose of land use to another type of land within the group of agricultural lands as stipulated in Clause 1, Article 57 of the Land Law, it may continue to use the land under the lease form, must fulfill financial obligations as prescribed by law; the duration of land use shall be determined according to the project's investment term specified in Clause 3, Article 126 of the Land Law.

3. For the cases stipulated in Clauses 1 and 2 of this Article, when the land use period expires and there is a need to continue using the land, the competent state agency shall consider extending the land use period, and the land must be converted to lease form as prescribed by law. The procedures for transferring land use rights and changing the purpose of land use shall be carried out in accordance with Articles 69 and 79 of this Decree.

4. An economic organization that uses agricultural land obtained through the transfer of land use rights from households or individuals to change the purpose of land use to implement non-agricultural production and business investment projects must convert to lease form and fulfill financial obligations as prescribed by law. The lease term shall be determined according to the project's investment term specified in Clause 3, Article 126 of the Land Law.

30. Supplement Article 43c as follows:

"Article 43c. Land use by economic organizations, households, and individuals when changing the purpose of land use

1. When an economic organization changes the purpose of land use, except for the cases stipulated in Article 43b of this Decree, the land use regime upon changing the purpose shall be regulated as follows:

a) In cases where the purpose is changed to land use for implementing housing construction projects for sale or sale combined with lease, or infrastructure construction projects for cemeteries and graveyards involving land use right transfers tied to infrastructure, the land may be used under the form of allocating land with land use fee payments and must pay the land use fee when changing the purpose as prescribed;

b) In cases where the purpose is changed from agricultural land, land for residence leased by the State, or non-agricultural land allocated by the State without land use fee payments to non-agricultural production and business purposes, land for constructing public works with commercial purposes, land for implementing housing construction projects for lease, or land for constructing public service works, the land may be used under the form of leasing land with annual rent payments or one-time rent payments for the entire lease period and must pay the land rent when changing the purpose (if applicable) as prescribed;

c) In cases where the purpose is changed from residential land, non-agricultural land not being residential land with origins from land allocation by the State with land use fee payments and land use fees already paid but not originating from the state budget to non-agricultural production and business purposes, land for constructing public works with commercial purposes, land for implementing housing construction projects for lease, or land for constructing public service works, the land may continue to be used under the form of allocating land with land use fee payments and must pay the land use fee when changing the purpose (if applicable) as prescribed;

d) In cases where the purpose is changed within agricultural land that has been allocated by the State with land use fee payments and land use fees already paid but not originating from the state budget, the land may continue to be used under the form of allocating land with land use fee payments and must pay the land use fee when changing the purpose (if applicable) as prescribed;

đ) In cases where the purpose is changed within agricultural land that has been leased, allocated by the State with land use fee payments and land use fees already paid originating from the state budget, or allocated by the State without land use fee payments, the land may be used under the form of leasing land with annual rent payments or one-time rent payments for the entire lease period and must pay the land rent when changing the purpose as prescribed.

2. When households or individuals change the purpose of land use, the land use regime upon changing the purpose shall be regulated as follows:

a) In cases where the purpose is changed from agricultural land that is not leased by the State to commercial and service land, or non-agricultural production bases, the land may be used under the form of allocating land with land use fee payments and must pay the land use fee when changing the purpose as prescribed;

b) In cases where the purpose is changed from agricultural land leased by the State to commercial and service land, or non-agricultural production bases, the land may be used under the form of leasing land with annual rent payments or one-time rent payments for the entire lease period and must pay the land rent when changing the purpose as prescribed;

c) The duration of land use when changing the purpose of land use as stipulated in points a and b of this clause shall be determined according to the project's investment term specified in Clause 3, Article 126 of the Land Law. In cases where there is no investment project, the duration of land use shall not exceed 50 years; for areas with difficult socio-economic conditions or extremely difficult socio-economic conditions, the duration of land use shall not exceed 70 years. The duration of land use shall be calculated from the date the competent authority permits the change of land use purpose.

31. Supplement Article 43d as follows:

"Article 43d. Regulations on the minimum area for subdividing plots

The People's Committee of the province shall specify the minimum area allowed for subdividing plots for each type of land in accordance with the specific conditions of the locality."

          32. Supplement Article 43đ as follows:

"Article 43z. The use of land for production surfaces or non-agricultural service businesses due to compensation and support when the State reclaimed agricultural land from households and individuals before October 1, 2009.

Households and individuals who are entitled to compensation and support in the form of land for production surfaces or non-agricultural service businesses when the State reclaims agricultural land according to Clause 4 and Clause 5 of Article 4 of Decree No. 17/2006/NĐ-CP dated January 27, 2006 of the Government, and Article 30 of Decree No. 84/2007/NĐ-CP dated May 15, 2007 of the Government, but have not implemented the land allocation plan for compensation, support, and resettlement approved by competent state authorities until July 1, 2014 shall be allowed to use the land for a long-term stable purpose for production or non-agricultural service business purposes as determined, without paying land use fees when permitted to convert it to residential land, and shall be compensated for land at the residential land price when the State reclaims the land."

33. Supplement Article 45a as follows:

"Article 45a. Production forest land is natural forest

1. The State allocates production forest land that is natural forest to organizations managing forests for management, protection, and development of forests.

Households, individuals, and community residents currently living within areas of production forest land that is natural forest where there is no organization managing the forest, and who have the need and ability to protect and develop the forest, shall be allocated production forest land that is natural forest by the State without payment of land use fees for the purpose of protecting and developing the forest, and may combine the exploitation of other benefits in accordance with laws on the protection and development of forests.

2. Households and individuals who have been allocated or leased production forest land that is natural forest by the State, and communities that have been allocated production forest land that is natural forest by the State before July 1, 2004, shall continue to use the land for the remaining period. When the land use period expires, if there is a need, they shall be considered for extension of land use rights in accordance with regulations."

          34. Supplement Article 49a as follows:        

"Article 49a. Contributing land use rights and adjusting land use rights to implement investment projects

1. Conditions for applying the method of contributing land use rights and adjusting land use rights to implement investment projects:

a) Belongs to the cases prescribed in Point i, Clause 1, Article 179 of the Land Law;

b) The implementation of the investment project must comply with the land use planning, construction planning, urban planning, housing development programs and plans, rural settlement planning, new rural construction planning, which have been approved by competent state authorities;

c) There must be a plan for contributing land use rights and adjusting land use rights that is agreed upon by land users in the area where the project is expected to be implemented and approved by the Provincial People's Committee;

d) Must ensure the interests of land users in the project area.

2. The Provincial People's Committee shall issue regulations on contributing land use rights and adjusting land use rights to implement investment projects."

35. Repeal Clause 3, transfer Clause 4 to Clause 3, and Clause 5 to Clause 4 of Article 50.

36. Amend and supplement Article 51 as follows:

“Article 51. Industrial zones, export processing zones, industrial clusters, and craft villages land

1. The duration of land use in industrial zones, export processing zones, industrial clusters, and craft villages shall be according to the investment project's term.

In cases where the investment project's term is longer than the remaining land use period of the industrial zone, export processing zone, industrial cluster, or craft village, the enterprise investing in building and operating infrastructure in the industrial zone, export processing zone, industrial cluster, or craft village must request permission from the competent state agency to adjust the land use period appropriately but the total land use period shall not exceed 70 years and must pay for the land use rights fee or land rental fee for the extended land use area.

2. When preparing detailed construction plans for industrial zones, export processing zones, and industrial clusters, the provincial People's Committee shall base on the current status of residential areas in the locality, the housing needs of workers in industrial zones, export processing zones, and industrial clusters, allocate land outside the industrial zones, export processing zones, and industrial clusters in accordance with the land use plan to construct apartment buildings, cultural, social, and service facilities serving the life of workers.

3. The land use regime for craft villages shall be applied as the land use regime in industrial zones, export processing zones, and industrial clusters as stipulated in Clauses 2, 3, 4, and 5 of Article 149 of the Land Law.

4. The provincial People's Committee shall be responsible for organizing the implementation of inspections, audits, and handling of cases of leasing land or subleasing land in industrial zones, export processing zones, industrial clusters, and craft villages that have not been put into use or have delayed progress compared to the land use schedule agreed upon in the land lease or sublease contracts with enterprises investing in infrastructure development.

5. Responsibilities of enterprises investing in infrastructure development in industrial zones, export processing zones, industrial clusters, and craft villages:

a) When signing land lease or sublease contracts, they must clearly define the land use schedule corresponding to the investment project's implementation schedule and measures to handle if the lessee or sublessee does not put the land into use or delays the land use schedule compared to the schedule agreed upon in the contract;

b) Shall be responsible before the State and law for managing and using land in industrial zones, export processing zones, industrial clusters, and craft villages; have the responsibility to inspect, monitor, and urge the lessee or sublessee to put the land into use according to the schedule agreed upon in the contract;

c) Annually, enterprises investing in constructing and operating infrastructure in industrial zones, export processing zones, industrial clusters, and craft villages shall report to the provincial People's Committee, the General Department of Land Management and publicly announce the area of unleased or subleased land in industrial zones, export processing zones, industrial clusters, and craft villages on their website, the provincial People's Committee's website, and the General Department of Land Management's website.

6. In cases where the lessee or sublessee does not put the land into use or delays putting the land into use compared to the schedule agreed upon in the land lease or sublease contract, except for force majeure cases as stipulated in Clause 1 of Article 15 of this Decree, the enterprise investing in infrastructure development in industrial zones, export processing zones, industrial clusters, and craft villages shall be responsible for implementing the following:

a) Request the lessee or sublessee to take measures to put the land into use or have the right to unilaterally terminate the land lease or sublease contract;

b) Compile a list of cases where the land has not been put into use or the land use progress has been delayed, report to the Industrial Zone Management Board, the Provincial Department of Planning and Investment, the Provincial Department of Natural Resources and Environment, the provincial People's Committee, the Ministry of Planning and Investment, and the Ministry of Natural Resources and Environment. The agencies receiving the report and the enterprise investing in infrastructure development in industrial zones, export processing zones, industrial clusters, and craft villages shall be responsible for publicly announcing the list of cases where the land has not been put into use or the land use progress has been delayed on their websites.

7. In cases where the enterprise investing in infrastructure development in industrial zones, export processing zones, industrial clusters, and craft villages has implemented the provisions of Clause 6 of this Article but the lessee or sublessee still does not put the land into use or delays the land use progress, the provincial People's Committee shall, based on the inspection results and audit conclusions, implement the recovery of the land area violated by the lessee or sublessee and transfer it to the investor developing infrastructure in industrial zones, export processing zones, industrial clusters, and craft villages. In cases where there is an investor who needs to use the land, the investor developing infrastructure in industrial zones, export processing zones, industrial clusters, and craft villages shall lease the land to the investor for the land area that the State has recovered.

The handling of rights and obligations related between the investor developing infrastructure in industrial zones, export processing zones, industrial clusters, and craft villages and the lessee or sublessee shall be carried out in accordance with the civil law regulations.

8. For cases of leasing land or subleasing land from the investor developing infrastructure in industrial zones, export processing zones, industrial clusters, and craft villages before the effective date of this Decree, except for force majeure cases as stipulated in Clause 1 of Article 15 of this Decree, the provincial People's Committee shall recover the land in the following cases:

a) Not putting the land into use or delaying the land use by 36 months compared to the land use schedule agreed upon in the land lease or sublease contract;

b) Exceeding the 36-month period from the date of issuance of the Certificate of Conformity for cases where the parties did not agree on the land use schedule in the contract and the land was not put into use or delayed.

9. The provincial People's Committee shall specify the land recovery process for cases where the land is not put into use or delayed in use as stipulated in Clauses 7 and 8 of this Article.

37. Amend Clause 2 of Article 52 as follows:

"2. The land management responsibilities of the High-Tech Zone Management Board shall be regulated as follows:"

a) Coordinate with organizations responsible for compensation, land clearance to implement compensation, support, and resettlement;

b) Submit to the Provincial People's Committee for decision on collecting land lease fees; decide on the amount of exemption and reduction of land lease fees for each project;

c) Reclaim land that has been leased or reassigned in cases where the land user violates laws on land as stipulated in points a, b, c, d, e, g, and i of Clause 1, Article 64 of the Land Law; the land user ceases land use according to the law or voluntarily returns the land as stipulated in points a, b, c, and d of Clause 1, Article 65 of the Land Law. The handling of land lease fees, assets attached to the land, and remaining investment costs shall be carried out as if the State were reclaiming the land according to the provisions of the law on land;

d) Manage the reclaimed land fund for cases specified in point c of this clause;

đ) Decide to reassign land without collecting land use fees for land users in high-tech zones under the circumstances prescribed in Clauses 2 and 3 of Article 54 of the Land Law; decide to extend land use when the reassignment period or lease period expires, in accordance with the project duration;

e) Specify administrative procedures regarding land in high-tech zones;

g) Send decisions on reassigning land, leasing land, extending land use, extracts from cadastral maps or cadastral surveys of land areas to the Land Registration Office for registration in the cadastral file, update the land database, and submit to the competent authority for issuance of the Land Use Right Certificate, House Ownership Certificate, and Certificates for other assets attached to the land;

38. Amend Clause 4 and supplement Clause 5 to Article 52 as follows:

"4. For high-tech zones managed by the central government and decided to assign land before July 1, 2014 by the Provincial People's Committee, the High-Tech Zone Management Board shall be responsible for managing and using land according to the following regulations:

a) Implement the provisions at points a, c, d, đ, e, and g of Clause 2 of this Article; continue implementing the construction planning already approved by the competent authority;

b) Determine specific land prices based on the land price adjustment coefficient method as the basis for calculating land lease fees when leasing land within the high-tech zone, but the specific land price must not be lower than the land price in the provincial land price table;

c) Determine the land price adjustment coefficient, the percentage of the unit lease price, and decide on the amount of land lease fees exempted or reduced for each project according to the Government and Prime Minister's regulations;

d) Determine the amount of land lease fees payable and issue a notice of land lease fees to the lessee according to the regulations.

5. For high-tech zones managed by the provincial people's committee and decided to assign land before July 1, 2014 by the provincial people's committee, the management and use of land shall be implemented according to the following regulations:

a) Management and use of land according to Article 150 of the Land Law, Clauses 1 and 2 of this Article;

b) Continue implementing the construction planning already approved by the competent authority.

39. Supplement Article 57a as follows:

"Article 57a. Special-purpose water surface land is hydroelectric reservoirs and irrigation reservoirs

1. The provincial people's committee and district people's committee decide to lease special-purpose water surface land such as hydroelectric and irrigation reservoirs for combined non-agricultural purposes, aquaculture, and fisheries exploitation according to the authority prescribed in Article 59 of the Land Law.

2. The exploitation and use of special-purpose water surface land such as hydroelectric and irrigation reservoirs for non-agricultural purposes, aquaculture, and fisheries exploitation must ensure that it does not affect the main purpose already determined and must comply with the relevant laws.

3. The term of leasing special-purpose water surface land such as hydroelectric and irrigation reservoirs by the competent people's committee deciding on the lease shall not exceed 50 years.

40. Amend Article 61 as follows:

“Article 61. Time for Administrative Procedures on Land

1. The time for implementing administrative procedures for land allocation, land leasing, and permission to change land use purposes shall be regulated as follows:

a) Land allocation and land leasing shall not exceed 20 days excluding the time for land recovery, compensation, and clearance;

b) Permission to change land use purposes shall not exceed 15 days.

2. The time for implementing administrative procedures for land registration, property registration attached to land; issuance, reissuance, and replacement of Certificates of Land Use Right shall be regulated as follows:

a) Land registration, property registration attached to land, issuance of Certificate of Land Use Right, Certificate of House Ownership, and other properties attached to land shall not exceed 30 days;

b) Registration and issuance of Certificate of Land Use Right, Certificate of House Ownership, and other properties attached to land for the transferee of land use right and house ownership from an organization investing in construction shall not exceed 15 days;

c) Registration and issuance of Certificate of Land Use Right, Certificate of House Ownership, and other properties attached to land when changing attached properties shall not exceed 15 days;

d) Registration of land changes, property changes attached to land in cases of winning auction rights to use land; resolving land disputes, complaints, and denunciations; handling mortgage contracts, capital contribution by land use rights; seizure and sale of land use rights and attached properties for enforcement of judgments; merging, splitting, consolidating organizations, converting companies; agreement on consolidation or division of land use rights and ownership of attached properties among households, spouses, or groups of land users shall not exceed 10 days;

đ) Splitting land parcels, combining land parcels; land registration procedures for cases where the State allocates land for management shall not exceed 15 days;

e) Extension of land use shall not exceed 07 days;

g) Confirmation of continued agricultural land use by households or individuals upon expiration of the land use period shall not exceed 05 days;

h) Registration to establish, change, or terminate restricted land use rights of adjacent parcels shall not exceed 10 days;

i) Registration of changes due to renaming of land users or owners of attached properties, changes in shape, size, area, number, address of land parcels, or changes in restrictions on land use rights, financial obligations, or attached properties compared to registered contents shall not exceed 10 days;

k) Conversion from annual land rental to lump-sum land rental; from State allocation of land without payment of land use fee to land rental; from land rental to land allocation with payment of land use fee shall not exceed 30 days;

l) Conversion, transfer, inheritance, gift, registration of capital contribution by land use rights, ownership of attached properties shall not exceed 10 days;

m) Cancellation of registration of capital contribution by land use rights, ownership of attached properties shall not exceed 03 days;

n) Registration and cancellation of registration of mortgage, lease, sublease of land use rights shall not exceed 03 days;

o) Transfer of land use rights and ownership of attached properties of either spouse to joint ownership of both spouses shall not exceed 05 days;

p) Issuance of new Certificate of Land Use Right, Certificate of House Ownership, Certificate of Construction Ownership shall not exceed 07 days; in cases of simultaneous issuance for multiple land users due to redrawing maps, it shall not exceed 50 days;

q) Reissuance of Certificate of Land Use Right, Certificate of House Ownership, Certificate of Construction Ownership lost shall not exceed 10 days;

r) The time for implementing procedures to correct the Certificate of Land Use Right, Certificate of House Ownership, and other attached properties, Certificate of Land Use Right, Certificate of House Ownership and Land Use Right, Certificate of House Ownership, Certificate of Construction Ownership already issued shall not exceed 10 days.

3. The time for implementing administrative procedures for land dispute mediation and resolution:

a) Mediation of land disputes shall not exceed 45 days;

b) Resolution of land disputes within the jurisdiction of the Chairman of the People's Committee at the district level shall not exceed 45 days;

c) Resolution of land disputes within the jurisdiction of the Chairman of the People's Committee at the provincial level shall not exceed 60 days;

d) Resolution of land disputes within the jurisdiction of the Minister of Natural Resources and Environment shall not exceed 90 days;

đ) Forced execution of decisions to resolve land disputes shall not exceed 30 days.

4. The time specified in Clauses 1, 2, and 3 of this Article shall be counted from the date of receipt of valid files; non-working days and holidays according to the law shall not be counted; the time for accepting files at communes and the time for fulfilling financial obligations by land users shall not be counted; the time for reviewing and processing cases involving violations of laws shall not be counted, nor shall the time for requesting expert appraisals.

In cases where the file is incomplete or invalid, within no more than 03 working days, the agency receiving and processing the file must notify and guide the person submitting the file to supplement and complete the file according to regulations.

For mountainous, island, remote, and extremely difficult economic and social conditions areas, the time for implementing each type of procedure stipulated in this Article shall be increased by 10 days, except for land dispute mediation procedures.

5. The time for simultaneously implementing multiple administrative procedures on land by the Provincial People's Committee shall be regulated but shall not exceed the total time for implementing these procedures as stipulated in this Article.

41. Supplement Clause 4 and Clause 5 to Article 63 as follows:

"4. The time for collecting land use fees for recognizing land use rights is the date when the Land Registration Office sends land information to the tax authority.

The time for the Land Registration Office to send land information to the tax authority shall not exceed 15 days from the date of receiving complete and valid files; the time for the tax authority to notify financial obligations to land users shall not exceed 05 days from the date of receiving land information transferred by the Land Registration Office."

In case the Land Registration Office delays in transferring information or the tax authority delays in determining financial obligations, the time for calculating land use fee revenue shall be determined as the time when the Land Registration Office receives complete and valid files.

5. The determination of land value for calculating financial obligations when reissuing a Certificate that was previously issued incorrectly according to the law shall be carried out as follows:

a) In cases where the issuance of the Certificate was incorrect due to the fault of a state agency, the land value shall be determined at the time the Certificate was previously issued;

b) In cases where the issuance of the Certificate was incorrect due to the fault of the land user, the land value shall be determined at the time of reissuing the Certificate of land use rights, house ownership rights, and other assets attached to the land;

c) The Ministry of Finance shall specify in detail the collection, payment, and refund of financial obligations according to the provisions of this clause.”

42. Amend and supplement Point c Clause 3 Article 65 as follows:

“c) After persuasion and mobilization, if the person whose land is being reclaimed does not comply with the land reclamation decision, then the Department of Natural Resources and Environment shall submit to the Chairman of the People's Committee of the district for issuing a decision to enforce the land reclamation decision;”

43. Amend and supplement Point e Clause 3 Article 65 as follows:

“e) The Chairman of the People's Committee who has issued the enforcement decision shall be responsible for organizing forces to implement the enforcement of the enforcement decision against cases that have been persuaded and mobilized according to the provisions of Point d of this clause but the individual or organization subject to enforcement does not accept the enforcement decision.”

44. Amend and supplement Point a Clause 1 Article 66 as follows:

“a) The natural resources and environment department or the competent state agency shall organize inspections and audits to determine violations under Points c, d, g, h, and i Clause 1 Article 64 of the Land Law;”

45. Add Article 69a as follows:

“Article 69a. Procedures and formalities for adjusting decisions on land recovery, land allocation, land leasing, and permission to change land use purposes made by the Prime Minister before July 1, 2004

1. Within no more than 15 days from the date of receipt of the document from the land user or the document from the competent authority requesting adjustment of the land recovery, land allocation, land leasing, and permission to change land use purpose decisions made by the Prime Minister, the Department of Natural Resources and Environment shall guide the land user to prepare the adjustment decision file for submission to the Provincial People's Committee.

2. Within no more than 5 days from the date of receipt of complete and valid files, the Provincial People's Committee shall issue the decision to adjust the land recovery, land allocation, land leasing, and permission to change land use purpose decisions. If the adjustment requires reporting to the Prime Minister, the Provincial People's Committee shall send the file to the Ministry of Natural Resources and Environment.

3. Within no more than 10 days from the date of receipt of complete and valid files, the Ministry of Natural Resources and Environment shall be responsible for reviewing and submitting to the Prime Minister.

In cases where the adjustment of the Prime Minister's land recovery, land allocation, land leasing, and permission to change land use purpose decisions involves other ministries or sectors, the Ministry of Natural Resources and Environment shall be responsible for soliciting opinions from relevant ministries and sectors before submitting to the Prime Minister. Within no more than 10 days from the date of receipt of the request document from the Ministry of Natural Resources and Environment, relevant ministries and sectors must send their opinions to the Ministry of Natural Resources and Environment.

4. After receiving approval from the Prime Minister, the Provincial People's Committee shall issue the decision to adjust the land recovery, land allocation, land leasing, and permission to change land use purpose decisions.”

46. Amend and supplement Clause 2 Article 72 as follows:

“2. Within no more than 30 days from the date of receipt of complete and valid files, the Department of Natural Resources and Environment shall be responsible for inspecting the current status of land use, housing construction, and existing structures, and the conditions for transferring land use rights and selling houses by the project developer.

After completing the inspection, the Department of Natural Resources and Environment shall notify the project developer about the inspection results; send the notification along with the map of inspected land and housing to the Land Registration Office to process registration for the buyer in cases meeting the legal requirements; publicly announce the inspection results on the website of the Provincial People's Committee and the Department of Natural Resources and Environment.”

47. Add Article 72a as follows:

Article 72a. Procedures and formalities forre-determining residential land area for households and individuals who have been issued a Certificate

The procedures and formalities for re-determining residential land area as stipulated in Point b Clause 5 Article 24 of this Decree shall be implemented as follows:

1. The land user submits one set of application files for re-determining residential land area at the location specified in Article 60 of this Decree.

2. The Land Registration Office shall be responsible for checking the previous certificate issuance files, and if the conditions for re-determining residential land area as stipulated in Clause 5 Article 24 of this Decree are met, it shall submit to the competent authority specified in Article 37 of this Decree for issuing the Certificate of land use rights, house ownership rights, and other assets attached to the land; update and record changes in the land registry and database; hand over the Certificate of land use rights, house ownership rights, and other assets attached to the land to the land user or send it to the Commune People's Committee for delivery in cases where the application is submitted at the commune level.”

48. Add Article 74a as follows:

“Article 74a. Procedures and formalities for extending agricultural land use by religious organizations

Religious organizations using agricultural land wishing to extend the land use period shall follow the provisions below:

1. At least six months before the expiration of the land use period, the religious organization shall submit one set of application files for extending the land use period.”

2. The Department of Natural Resources and Environment shall be responsible for reviewing the land use requirements; in cases where conditions for extension are met, it shall submit to the provincial People's Committee for a decision on extending the land use rights; transfer the file to the Land Registration Office to carry out registration.

3. Religious institutions shall submit the Certificate of Land Use Rights issued for cases of extended land use to the Department of Natural Resources and Environment.

4. The Land Registration Office shall be responsible for confirming the extension of land use on the issued Certificate of Land Use Rights; amend and update changes in the land records and database; hand over the Certificate of Land Use Rights to the religious institution.

5. In cases where conditions for extending land use rights are not met, the Department of Natural Resources and Environment shall notify the land user and proceed with procedures to recover the land in accordance with regulations.

49. Amend and supplement Point a Clause 3 Article 75 as follows:

“a) Conduct cadastral surveying to divide and separate land plots and transfer the new cadastral map of the separated plot to the land user to execute the signing of contracts or transaction documents regarding the use of part of the newly separated plot;"

50. Add Article 79a as follows:

"Article 79a. Procedures and formalities for land registration in cases of land use through acquisition of land use rights for production and business activities

          Procedures and formalities for land registration in cases of land use through acquisition of land use rights through transfer, lease, or contribution of land use rights for implementation of production and business projects according to Article 73 of the Land Law shall be carried out as follows:

1. In cases where the purpose of the project or production and business construction differs from the purpose of the land plot transferred, leased, or contributed, the procedures for handling shall be carried out as follows:

a) For cases where the investor leases land use rights from the current land user, the land user shall complete the procedure for changing the land use purpose before executing the procedure to lease land use rights to the investor;

b) For cases where the investor receives land use rights through capital contribution, the land user shall complete the procedure for changing the land use purpose before executing the procedure for contributing land use rights to the investor or completing the procedure for contributing land use rights after which the investor executes the procedure for changing the land use purpose;

c) For cases where the investor acquires land use rights through transfer from the current land user, the procedure for transferring land use rights shall be completed followed by the procedure for changing the land use purpose.

2. In cases where the purpose of the project or production and business construction does not change compared to the purpose of the transferred, leased, or contributed land use rights, the investor or land user shall follow the procedures stipulated in Article 79 of this Decree.

 3. In cases of acquiring agricultural land use rights for non-agricultural production and business projects, the procedures for transferring, leasing, or contributing land use rights shall be completed after obtaining approval from the competent authority as stipulated in Clause 1, Article 193 of the Land Law.

51. Amend Point a Clause 2 Article 80 as follows:

“a) Confirm the cancellation of leasing, subleasing, or contribution on the Certificate of Land Use Rights as prescribed and hand over to the lessor, sublessor, or contributor. In cases of leasing or subleasing industrial zone land or contributing land use rights where certificates have been issued to the lessee, sublessee, or recipient of contribution, the certificate shall be recovered; the contributor shall be reissued a Certificate of Land Use Rights, ownership of houses, and other assets attached to the land.

In cases where the expiration date of the land use period coincides with the cancellation of leasing, subleasing, or contribution of land use rights, if the land user has no need to continue using the land or does not obtain an extension of the land use period from the competent state agency, the certificate shall be recovered;"

52. Amend and supplement Point a Clause 4 Article 80 as follows:

“a) In cases where the contribution period expires or the parties agree to terminate the contribution, the contributor of land use rights may continue to use the land for the remaining period.

In cases where the land user contributes land use rights and subsequently the investor completes the registration or application for changing the land use purpose, when the contribution period expires, the rights and obligations between the contributor and the recipient of contribution shall be implemented according to the agreement of the parties in accordance with the law; in cases where the land use period has expired and the contributor of land use rights no longer needs to continue using the land, the State shall recover the land."

53. Supplement Point c to Clause 2 and add Clause 3 to Article 81 as follows:

“c) In cases where an organization permitted by law to buy and sell debts purchases a debt secured by land use rights or guaranteed by land use rights under the 2003 Land Law from the creditor or guarantor, that organization shall inherit the rights and obligations of the creditor or guarantor as stipulated in the mortgage or guarantee contract. The debt-buying organization has the right to handle the land use rights secured or guaranteed according to the agreement in the mortgage or guarantee contract.

In cases where such handling cannot be done according to the agreement, the state-owned debt-buying organization shall conduct public auction of the land use rights in accordance with the law; the non-state-owned debt-buying organization has the right to transfer the land use rights secured or guaranteed to another party or request the auction organization to conduct the sale of the land use rights without the consent of the mortgagor or guarantor or initiate legal proceedings at the People's Court as prescribed by law.

3. Handling of land use rights when dealing with collateral assets attached to annually-rented land to recover debts shall be regulated as follows:

a) In case the land user who pays rent annually has mortgaged or guaranteed the immovable property attached to the land according to the Land Law of 2003 and fails to fulfill their obligations towards the mortgagee or guarantor, the State shall recover the land from the mortgagor or guarantor using the immovable property attached to the leased land annually for the buyer of the asset or the person receiving the primary security for leasing the land, except in cases where there is a different agreement. The buyer of the asset or the person receiving the primary security for leasing the land shall negotiate with the mortgagor or guarantor using the immovable property attached to the leased land annually regarding the payment of remaining investment costs in the land up to the time of land recovery. If they cannot reach an agreement, the parties involved have the right to initiate legal proceedings at the court as prescribed by law;

b) The buyer of the asset or the person receiving the primary security for leasing the land shall continue to be granted land lease rights within the remaining period of land use according to the specific land price and must use the land for the purpose already determined. In case there is a need to change the purpose of land use, procedures must be carried out according to the provisions of the Land Law and this Decree;

c) The buyer of the asset must ensure the conditions stipulated in Clause 2, Article 189 of the Land Law.”

54. Amend and supplement Clause 1, Article 82 as follows:

"1. In cases where land is currently being used but not yet issued with a Certificate of Land Use Right, House Ownership and Other Immovable Property Rights and does not fall under the circumstances specified in Clause 2 of this Article, the current land user shall carry out procedures for registering land, issuing the first Certificate of Land Use Right, House Ownership and Other Immovable Property Rights according to the provisions of the Land Law and this Decree without having to go through the procedures for transferring land use rights; the agency receiving the application shall not require the transferee of land use rights to submit a land use rights transfer contract or other relevant documents as prescribed by law:

a) Using land received through transfer or gift of land use rights before January 1, 2008;

b) Using land received through transfer or gift of land use rights from January 1, 2008 to June 30, 2014 and holding land use rights documents as prescribed in Article 100 of the Land Law and Article 18 of this Decree;

c) Using land received through inheritance of land use rights before July 1, 2014.”

55. Supplement Article 83a as follows:

“Article 83a. Procedures and formalities for registering changes in land use rights for households and individualsindividual when transferring land use rights to enterprises

1. In cases where households and individuals have been granted land leases by the State on an annual payment basis, when members of the household or individuals establish an enterprise and continue to use the land for the purpose already approved by the State, the enterprise shall continue to use the land for the remaining period of use and shall be responsible for carrying out the procedures for registering changes in the name of the land user according to Point b, Clause 4, Article 95 of the Land Law and Article 85 of this Decree.

The Land Registration Office shall be responsible for notifying the content of the change to the land user for the People's Committee of the district where the land is located to cancel the land lease contract signed with the household or individual.

The enterprise must sign a Land Lease Contract with the Department of Natural Resources and Environment before proceeding with the procedures for issuing the Certificate of Land Use Right, House Ownership and Other Immovable Property Rights according to the regulations.

The land price for calculating land rent for the enterprise after establishment shall be the land price already calculated for the annual land rent paid by the household or individual if the date of establishment of the enterprise falls within the five-year stable land rent cycle and must be reassessed according to the regulations of the Government.

2. In cases where households and individuals are currently using land that is not land leased on an annual payment basis, when members of the household or individuals establish an enterprise and do not change the purpose of land use, the enterprise shall continue to use the land and shall be responsible for carrying out the procedures for registering changes in land use rights according to the laws on land.

3. In cases where households and individuals are using land with origins of land granted or leased by the State, when establishing an enterprise and changing the purpose of land use, the enterprise must carry out the procedures for changing the purpose of land use and fulfill financial obligations according to the regulations. The enterprise submits the application for changing the purpose of land use together with the application for registering changes in land use rights; the competent authority examines and decides to allow the change in the purpose of land use simultaneously with the registration procedures according to the laws on land.”

56. Amend and supplement Points b and c, Clause 4, Article 87 as follows:

“b) In cases where the competent state agency issues a Certificate of Land Use Right, House Ownership and Other Immovable Property Rights and discovers that the certificate issued does not comply with the provisions of the laws on land, it shall recheck, notify the land user of the reasons and decide to revoke the certificate issued incorrectly;

c) In cases where the land user discovers that the certificate issued does not comply with the provisions of the laws on land, they shall submit a written complaint to the competent state agency issuing the Certificate of Land Use Right, House Ownership and Other Immovable Property Rights. The competent state agency issuing the Certificate of Land Use Right, House Ownership and Other Immovable Property Rights shall be responsible for checking, examining, and deciding to revoke the certificate issued incorrectly according to the laws on land.”

57. Amend and supplement Clause 3, Article 88 as follows:

“3. Within ten days from the date of establishing a successful mediation record, if the disputing parties have written opinions differing from the content agreed upon in the successful mediation record, the Chairman of the Village People's Committee shall organize another meeting of the Mediation Council to consider and resolve the supplementary opinions and must establish a successful mediation record or an unsuccessful mediation record.”

58. Supplement Article 90a as follows:

"Article 90a. Time limit for resolving disputes for the second time and the effect of decisions on resolving land disputes"

1. After receiving the first decision on resolving land disputes from the competent authority, if any party or one of the disputing parties disagrees with the decision, they must submit a request for the second resolution of the dispute to the competent authority. Within thirty days from the date of receipt of the first decision on resolving land disputes, or within forty-five days for mountainous, island, remote, and particularly difficult socio-economic condition areas, if the disputing parties or one of them do not submit a request for the second resolution of the dispute to the competent authority, the first decision on resolving the dispute shall take effect.

2. Within thirty days from the date of receipt of the second decision on resolving land disputes, or within forty-five days for mountainous, island, remote, and particularly difficult socio-economic condition areas, the second decision on resolving land disputes shall take effect.

          59. Amend Clause 2 and supplement Clauses 3, 4, 5, 6, 7, and 8 to Article 91 as follows:

“2. Principles for enforcing decisions on resolving land disputes:

a) Enforcement must be conducted openly, democratically, objectively, ensuring order and safety, in accordance with the provisions of the law;

b) The time to commence enforcement must be during working hours;

c) Enforcement shall not be carried out between 10 PM and 6 AM the following day; on holidays and public holidays as prescribed by law; during the fifteen days before and after Tet (Lunar New Year); on traditional days for policy beneficiaries if they are the persons subject to enforcement; and in other special cases that seriously affect national security, political stability, social order and safety, local customs, and traditions.

3. Enforcement of decisions on resolving land disputes shall be carried out when the following conditions are met:

a) The decision on resolving land disputes has taken effect, but the disputing parties or one of them have not complied with it, despite efforts by the People's Committee of the commune and the Vietnam Fatherland Front Committee at the commune level where the disputed land is located to persuade them to comply;

b) The decision on enforcement of the decision on resolving land disputes has been publicly posted at the People's Committee of the commune and the common community activity location where the disputed land is located;

c) The decision on enforcement of the decision on resolving land disputes has taken effect;

d) The person subject to enforcement has received the Decision on Enforcement.

In case the person subject to enforcement refuses to accept the decision on enforcement or is absent when the decision is delivered, the People's Committee of the commune shall prepare a record.

4. The Chairman of the People's Committee of the district shall issue the decision on enforcement of the decision on resolving land disputes and organize its implementation.

5. Procedures for implementing the decision on enforcement:

a) Before commencing enforcement, the Chairman of the People's Committee of the district shall decide to establish the Enforcement Implementation Board;

b) The Enforcement Implementation Board shall persuade and dialogue with the person subject to enforcement.

If the person subject to enforcement complies with the decision on resolving land disputes, the Enforcement Implementation Board shall prepare a record noting the compliance; the implementation of the contents of the decision on resolving land disputes shall be carried out immediately after the record is prepared under the supervision of the Enforcement Implementation Board;

c) If the person subject to enforcement does not comply with the decision on resolving land disputes after being persuaded, the Enforcement Implementation Board shall organize enforcement and compel the person subject to enforcement to implement the contents of the decision on resolving land disputes.

6. Members of the Enforcement Implementation Board include:

a) The Chairman or Vice-Chairman of the People's Committee of the district shall be the head of the board;

b) Representatives from county-level agencies including inspection, judiciary, natural resources and environment, construction; representatives from the leadership of the People's Committee of the commune where the land is located, and other members as decided by the Chairman of the People's Committee of the district.

7. The People's Committee of the province shall allocate funds for the implementation of enforcement of decisions on resolving land disputes.

8. The People's Committee of the province shall specify this provision.”

60. Supplement Clause 3 and Clause 4 to Article 99 as follows:

“3. For investment projects falling under the circumstances of land recovery by the State according to the Land Law 2003 and guiding documents but not under the circumstances of land recovery by the State according to the Land Law 2013, which have selected investors in accordance with the investment law before July 1, 2014, and are consistent with the annual land use plan of the district, the People's Committee of the province shall compile them into the list of projects requiring land recovery to be submitted to the People's Council for approval before the competent authority decides on land recovery.

The procedures for land recovery in the case provided for in this clause shall be implemented in accordance with Article 69 of the Land Law.

4. For investment projects falling under the circumstances of land recovery by the State according to the Land Law 2003 and guiding documents but not under the circumstances of land recovery by the State according to the Land Law 2013, which have been permitted by the competent provincial People's Committee to negotiate the transfer of land use rights to implement the investment project before July 1, 2014, but the investor has not negotiated the entire area of land of the land users within the scope of the project, the People's Committee of the province shall compile them into the list of projects requiring land recovery to be submitted to the People's Council at the same level for approval before the competent authority decides on land recovery for the undetermined area to grant land use rights or lease land to the investor..”

61. Supplement Article 100a as follows:      

"Article 100a. Handling the application of conditions for granting land use rights, leasing land, changing land use purposes; management and utilization of land"

1. For projects using land on islands and border communes, wards, towns not falling under cases approved by the National Assembly or the Prime Minister, where investment decisions have been made and Investment Certificates issued before July 1, 2014 but without decisions on land allocation, land lease, or permission to change land use purposes as stipulated by laws on land, such projects must be implemented according to Clause 2, Article 58 of the Land Law and Article 13 of this Decree.

2. The conditions for land allocation, land lease, and permission to change land use purposes for individuals or organizations allocated land, leased land, or permitted to change land use purposes to implement investment projects as stipulated in Clause 3, Article 58 of the Land Law and Article 14 of this Decree shall not apply to the following cases:

a) Investment projects that have been approved for investment by competent state agencies, issued with Investment Certificates, or decided upon and approved by the National Assembly or the Prime Minister before July 1, 2014;

b) Investment projects that do not need to be submitted to competent authorities for approval or issuance of Investment Certificates but have had their land use needs assessed by environmental resources management agencies and have been approved for investment before July 1, 2014.

3. When recognizing land use rights for land currently used by social organizations or community residents for non-agricultural purposes, which originated from land allocated by the State without payment of land use fees or with payment of land use fees, or transferred land use rights with funds paid for land use originating from the state budget or land used without land use right certificates, the recognition of land use rights will be carried out in the form of allocating land without payment of land use fees; the duration of land use will be implemented according to Article 126 of the Land Law and calculated from the date of recognition of land use rights.

In cases where land has already been leased by the State or allocated with payment of land use fees, or transferred land use rights with funds paid for land use not originating from the state budget, they may continue to use the land according to the form of land use granted or leased by the State within the remaining period of land use.

4. In cases where economic organizations use land obtained through transfer of land use rights originating from land allocated with payment of land use fees or leased land, with funds paid for the transfer of land use rights not originating from the state budget, they may continue to use the land according to the form of land use granted or leased by the State within the remaining period of land use.

5. In cases where cooperatives are currently using land contributed by members as land use rights into the cooperative, the State recognizes it in the form of allocating land with payment of land use fees without having to convert to leasing; the duration of land use is 50 years from the date of recognition of land use rights. If the land currently being used has a stable long-term usage origin, the duration of land use is stable long-term.

6. For investment projects that have been approved for investment orientation or selected as investors by competent authorities according to investment laws before July 1, 2014 but have not yet been allocated or leased land to investors, and now comply with land use planning and plans, the People's Committee at the appropriate level shall allocate or lease land to investors without having to organize public auctions for land use rights.

7. In cases where households or individuals are currently using land that was improperly allocated or leased before July 1, 2004, and have paid money to the State to use the land or were allocated land without having to fulfill financial obligations, and now the land use complies with land use planning, construction planning, urban planning, rural residential area planning, and new rural construction planning, the State will not reclaim the land.

8. At the end of the annual land use plan at the district level, if the land use indicators in the plan have not been fully implemented, they can still be continued until the annual land use plan of the next year is approved by the competent state agency.

62. Amend and supplement Article 101 as follows:

"Article 101. Authority to adjust decisions of the Prime Minister on land recovery, land allocation, land lease, and permission to change land use purposes before the Land Law comes into effect

In cases where the Prime Minister has decided on land recovery, land allocation, land lease, or permission to change land use purposes before July 1, 2004, and now requires adjustment, the adjustment of the content of the decision on land recovery, land allocation, land lease, or permission to change land use purposes shall be decided by the provincial People's Committee if such adjustment does not alter the land use structure compared to the Prime Minister's decision.

In cases where the adjustment of the Prime Minister's decision on land recovery, land allocation, land lease, or permission to change land use purposes alters the land use structure reflected in the Prime Minister's decision, the provincial People's Committee must report to the Prime Minister before making the adjustment."

Article 3. Amending and supplementing Decree No. 44/2014/NĐ-CP dated May 15, 2014 on land prices

1. Supplement Clause 4 of Article 7 as follows:

"4. The land price within the framework of land price ranges and tables for land with a limited term of use shall be calculated corresponding to a seventy-year term of land use.

For localities where the provincial People's Committee has stipulated a different term of land use for calculating land prices in the land price table from that specified in this clause, such provisions must be adjusted accordingly."

2. Supplement Point e to Clause 3 of Article 11 as follows:

"e) For non-agricultural land used by religious or belief organizations; land for cemeteries; other non-agricultural land, the provincial People's Committee shall base the determination of land prices on the non-agricultural production and business land prices (excluding commercial and service land) already defined in the land price table in nearby areas."

3. Supplement Article 15a as follows:

“Article 15a. Responsibilities for organizing the determination of the initial price for auctioning land use rights

1. The Department of Natural Resources and Environment shall be responsible for organizing the determination of the initial price for auctioning land use rights when the State grants land with payment for land use rights or leases land with payment made in one lump sum for the entire lease period as prescribed in Clause 1 of Article 15 of this Decree.

2. The Department of Finance shall take the lead and coordinate with the Department of Natural Resources and Environment to organize the implementation of the determination of the initial price for auctioning land use rights attached to state-owned assets according to the laws on the management and use of state assets."

4. Amend and supplement Clause 2 and Clause 3 of Article 18 as follows:

“2. Specific land prices are determined using the land price adjustment coefficient method prescribed in Clause 5 of Article 4 of this Decree, applicable to the following cases:

a) Cases prescribed in Points a, b, c, and d of Clause 4 of Article 114, Clause 2 of Article 172, and Clause 3 of Article 189 of the Land Law, determining land prices as the initial price for auctioning land use rights when the State grants land with payment for land use rights or leases land with payment made in one lump sum for the entire lease period, where the plot of land or project area has a value (calculated based on the land price in the land price table) under 30 billion VND for central cities; under 10 billion VND for mountainous and highland provinces; under 20 billion VND for other provinces; determining land prices as the basis for calculating annual land rent when the State leases land with annual rent payments requiring the recalculation of the rental rate for the next cycle; determining land prices as the basis for setting the initial price for auctioning land use rights when the State leases land with annual rent payments;

b) The case prescribed in Point d of Clause 4 of Article 114 of the Land Law for projects with adjacent plots of land having the same purpose of use, profitability, and income from land use, or cases in areas where land recovery does not meet the requirements for information to apply the land valuation methods prescribed in Clauses 1, 2, 3, and 4 of Article 4 of this Decree to determine specific land prices for each plot of land.

3. Annually, the provincial People's Committee shall stipulate the land price adjustment coefficients to be applied to the cases prescribed in Point a of Clause 2 of this Article.

For the case prescribed in Point b of Clause 2 of this Article, the provincial People's Committee shall decide the land price adjustment coefficients for each type of land in the project or area to determine the land price for compensation when the State recovers land."

5. Amend and supplement Point c of Clause 2 of Article 20 as follows:

"c) Having a bachelor's degree or higher in land management, cadastral affairs, real estate, pricing, valuation, economics, finance, accounting, auditing, banking, economic-engineering, engineering, or law."

6. Supplement Clause 3 to Article 20 as follows:

"3. Individuals who are granted a Land Valuation Certificate must meet the following conditions:

a) Meeting the conditions prescribed in Points a, b, c, and d of Clause 2 of this Article;

b) Holding a Certificate confirming completion of a training course on land valuation according to the training program on land valuation issued by the Ministry of Natural Resources and Environment."

Article 4. Amend and supplement Decree No. 47/2014/NĐ-CP dated May 15, 2014 on compensation, support, and resettlement when the State expropriates land.

1. Amend and supplement Article 11 as follows:

"Article 11. Compensation for land when the State expropriates land with origin from being granted without proper authority before July 1, 2004 but has paid money to be entitled to use the land without yet receiving the Land Use Right Certificate.

1. Land with origin from being granted without proper authority before October 15, 1993 and having documents proving payment of money to the agency or organization to be entitled to use the granted land area without yet receiving the Land Use Right Certificate shall be compensated for the area and type of land granted.

2. Land with origin from being granted without proper authority from October 15, 1993 to before July 1, 2004 and having documents proving payment of money to be entitled to use the granted land area without yet receiving the Land Use Right Certificate shall be compensated as follows:

a) In case there are documents proving payment of money to be entitled to use the granted land area according to the prescribed rate under the 1993 Land Law, compensation shall be provided for the area and type of land granted;

b) In case there are documents proving payment of money to be entitled to use the granted land area at a lower rate than the prescribed rate under the 1993 Land Law, compensation shall be provided for the area and type of land granted but must deduct the land use fee payable (if any) according to the Government's regulations on collecting land use fees when issuing the Land Use Right Certificate.

3. Land with origin from being granted without proper authority before July 1, 2004 but without documents proving payment of money to be entitled to use the granted land area shall be compensated for the area and type of land granted but must deduct the land use fee payable (if any) according to the Government's regulations on collecting land use fees when issuing the Land Use Right Certificate."

2. Supplement Article 18a as follows:

"Article 18a. Handling of land use fees, land rental fees already paid, remaining investment costs in land, and fixed assets attached to land when the State expropriates land

1. When the State expropriates land for cases stipulated in point c and point g Clause 1 Article 64, point c Clause 1 Article 65 of the Land Law, the owner of the property shall be refunded the remaining value of the legally established fixed assets attached to the land without origin from the state budget according to the following principle:

a) The refund of the remaining value of the fixed assets attached to the land shall be carried out when the State grants or leases the expropriated land to another person for use;

b) The person to whom the State grants or leases the land shall have the responsibility to refund the remaining value of the fixed assets attached to the land to the person whose land was expropriated;

c) The People's Committee of the province shall examine each specific case to decide on the refund of the remaining value of the fixed assets attached to the land for the cases of expropriation stipulated in this clause;

d) The Ministry of Finance shall specify this clause.

2. When the State expropriates land for cases of organizations being dissolved or bankrupt stipulated in point a Clause 1 Article 65 of the Land Law, the remaining investment costs in land, and fixed assets attached to the land (if any) of the land user shall be handled according to the provisions of the law on dissolution and bankruptcy.

3. When the State expropriates land for cases of land users voluntarily returning land stipulated in point c Clause 1 Article 65 of the Land Law where the land was granted by the State with land use fees, recognized with land use rights with land use fees, leased with land rental fees paid once for the entire lease period, and households or individuals using agricultural land with origin from being granted by the State without land use fees and meeting the conditions for compensation, they shall be refunded the value of the land use right according to the following provisions:

a) The determination of the value of the land use right for refund shall be carried out at the time the State decides to expropriate the land;

b) The value of the land use right for refund shall be calculated based on the land price in the land price list issued by the People's Committee of the province according to the purpose of land use granted, leased, or recognized by the State for the remaining term of land use. In the case of households or individuals directly engaged in agricultural production currently using agricultural land with origin from being granted by the State without land use fees, the full value of the land use right shall be refunded without deducting the value of the land use right for the period already used;

c) The refund of the value of the land use right for voluntary return of land shall be carried out when the State grants or leases the expropriated land to another person for use;

d) The person to whom the land is granted or leased shall have the responsibility to refund the value of the land use right to the person whose land was expropriated;

đ) The Ministry of Finance shall specify this clause.

4. When the State expropriates land due to violation of the law on land stipulated in Clause 1 Article 64 of the Land Law, the land user shall not be refunded the land use fees, land rental fees already paid, remaining investment costs in land (if any), and the remaining value of the fixed assets attached to the land, except in the case stipulated in Clause 1 of this Article.

5. When the State expropriates land due to cessation of land use according to the law stipulated in Clause 1 Article 65 of the Land Law, the land use fees, land rental fees already paid, and remaining investment costs in land shall be handled as follows:

a) Not refunded the land use fees, land rental fees already paid, except in the case stipulated in Clause 3 of this Article;

b) Not refunded the remaining investment costs in land, except in the case stipulated in Clause 2 of this Article.

6. In cases where there has been a violation of land laws prior to July 1, 2014, for which a decision to reclaim land by the competent People's Committee had already been made but the payment for land use rights, land rent, remaining investment costs in the land, and assets invested on the land (if any) had not yet been processed, such cases shall be handled according to the provisions of land laws before July 1, 2014.

3. Supplement Article 18b as follows:

"Article 18b. Handling remaining land rent payments for individuals who have prepaid land rent for multiple years when the State reclaims the land

1. Individuals who have prepaid land rent for multiple years to the State while being granted annual land rent by the State, upon the State reclaiming the land, shall be refunded the remaining prepaid land rent for the unused period calculated from the date of the land reclamation decision.

2. The Ministry of Finance shall guide the source of funds for repayment and the determination of the remaining prepaid land rent to be refunded to the land user as stipulated in Clause 1 of this Article."

4. Supplement Article 18c as follows:

“Article 18c. Handling of assets managed by the State when reclaiming land and situations where organizations reclaim land without compensation for land

1. When the State reclaims land, organizations that suffer losses due to assets managed by the State and must relocate to a new site shall use the asset compensation money to invest at the new site according to the approved investment project by the competent authority.

2. Organizations granted land with land use fees paid in advance or land lease fees paid once for the entire lease period, where the land use fees or lease fees were sourced from the state budget, and organizations granted land without land use fees when the State reclaims the land, shall not be compensated for land but shall receive financial support if they must relocate to a new site decided by the competent state authority; the maximum level of support shall not exceed the amount of land compensation.

3. The Ministry of Finance shall guide the management, allocation, settlement, and finalization of the financial support as stipulated in this Article."

5. Amend and supplement Clause 1 and Clause 2 of Article 19 as follows:

"1. Subjects eligible for stable living and production support include the following cases:

a) Households and individuals granted agricultural land by the State under the following decrees: Decree No. 64/CP dated September 27, 1993 of the Government promulgating Regulations on the grant of agricultural land to households and individuals for long-term stable use for agricultural production purposes; Decree No. 85/1999/NĐ-CP dated August 28, 1999 of the Government amending and supplementing certain articles of the Regulations on the grant of agricultural land to households and individuals for long-term stable use for agricultural production purposes and adding the grant of salt-making land to households and individuals for long-term stable use; Decree No. 02/CP dated January 15, 1994 of the Government promulgating Regulations on the grant of forestry land to organizations, households, and individuals for long-term stable use for forestry purposes; Decree No. 163/1999/NĐ-CP dated November 16, 1999 of the Government on the grant and lease of forestry land to organizations, households, and individuals for long-term stable use for forestry purposes; Decree No. 181/2004/NĐ-CP dated October 29, 2004 of the Government implementing the Land Law and Clause 1 of Article 54 of the Land Law;

b) Agricultural population members within households specified in point a of this clause but born after the date of granting agricultural land to those households;

c) Households and individuals belonging to the category eligible for agricultural land grants as specified in point a of this clause currently using agricultural land obtained through transfer, inheritance, gift, or reclamation in accordance with the law, confirmed by the People's Committee of the commune where the reclaimed land is located as directly engaged in agricultural production on that land;

d) Households and individuals currently using land obtained through lease contracts for agricultural, forestry, or aquaculture purposes (excluding special-use forests and protective forests) from state-owned farms and forestry enterprises, who are current employees or retirees, or those who have ceased work and are receiving disability benefits and are directly engaged in agricultural or forestry production;

đ) Households and individuals currently using land obtained through lease contracts from state-owned farms or forestry companies converted from state-owned farms, who are directly engaged in agricultural production and have stable income from agricultural production on that land;

e) Households and individuals currently using land obtained through lease contracts from agricultural production groups or agricultural cooperatives, who are directly engaged in agricultural production and have stable income from agricultural production on that land;

g) Economic organizations, households, individuals engaged in production and business, foreign-invested enterprises that cease production and business operations when the State reclaims the land shall be supported to stabilize production.

2. Conditions for eligibility for stable living and production support shall be implemented as follows:

a) For households, individuals, economic organizations, and foreign-invested enterprises currently using land as specified in Clause 1 of this Article, who have been issued a Certificate of Land Use Rights or meet the conditions for issuance of a Certificate of Land Use Rights, Ownership Certificate of Housing and Other Assets Attached to Land in accordance with the law on land, except for cases stipulated in Clause 2 of Article 77 of the Land Law and point b of this clause;

b) For households and individuals currently using land obtained through lease contracts for agricultural, forestry, or aquaculture purposes (excluding special-use forests and protective forests) as specified in points d, đ, and e of Clause 1 of this Article, they must have a land lease contract."

6. Amend and supplement Clause 1 of Article 20 as follows:

"1. Households and individuals directly engaged in agricultural production as specified in points a, b, and c of Clause 1, Article 19 of this Decree when the State recovers agricultural land and provides compensation in the form of money; households and individuals currently using land as specified in points d, đ, and e of Clause 1, Article 19 of this Decree (except for cases where households and individuals are former state employees of state-owned forestry and agricultural enterprises, retired or disabled workers from such enterprises, or those who have ceased working and are receiving benefits) when the State recovers agricultural land shall be supported in vocational training, job transition, and employment search according to the following provisions:"

"a) Financial support not exceeding five times the price of the same type of agricultural land in the local land price table for the entire area of recovered agricultural land; the supported area shall not exceed the local limit on agricultural land allocation as stipulated in Article 129 of the Land Law;"

"b) The specific level of support shall be determined by the provincial People's Committee based on the actual conditions of the locality."

7. Supplement point c to Clause 4, Article 30 as follows:

"c. Individuals to whom the State has allocated land with payment for land use rights, or leased land without auctioning the right to use land, and who have prepaid compensation, support, and resettlement costs shall participate in the organization and implementation of compensation, support, and resettlement when the State recovers land."

8. Supplement Clause 6 and Clause 7 to Article 34 as follows:

"6. For investment projects that have received decisions on land recovery and approved compensation, support, and resettlement plans by competent state agencies but had not completed payment of compensation before July 1, 2014, the delayed compensation shall be handled according to the laws on land management prior to July 1, 2014."

"7. For investment projects that have been approved by the Prime Minister with a framework policy on compensation, support, and resettlement before July 1, 2014, but the localities have not yet approved the compensation, support, and resettlement plans, and if the compensation, support, and resettlement policies after July 1, 2014 differ from the approved framework policy, then the ministries and sectors responsible for the investment projects shall report to the Prime Minister for decision. Ministries and sectors with investment projects shall coordinate with the provincial People's Committees where the projects are located to implement after receiving the Prime Minister’s decision."

Article 5.Transitional Provisions

In cases where there are decisions on land recovery and approved compensation, support, and resettlement plans according to the laws on land management before the effective date of this Decree, they shall continue to be implemented according to the approved plans and shall not be subject to the provisions of this Decree.

Article 6.Implementation Provisions

"1. This Decree takes effect from March 3, 2017."

"2. Ministries, ministerial-level agencies, agencies under the Government, and provincial People's Committees shall be responsible for guiding the implementation of the articles and clauses assigned in this Decree and reviewing issued documents to amend, supplement, or replace them in accordance with the provisions of this Decree."

"3. Ministers, heads of ministerial-level agencies, heads of agencies under the Government, Chairpersons of People's Committees at all levels, and other related organizations and individuals shall be responsible for implementing this Decree./."