Decree No. 04/2000/NĐ-CP stipulates the implementation of the Law Amending and Supplementing Certain Provisions of the Land Law, applicable to organizations, households, individuals, and state agencies. Notable points include provisions on authority for land allocation, land leasing, duration of land use, reduction of land use fees, and management of land degradation.
Đối tượng áp dụng
Organizations, households, individuals, and state agencies related to land use under the Land Law.
Các điểm cốt lõi
- The competent authority for land allocation is also the authority for land leasing (Article 2).
- Households and individuals granted land by the State without payment of land use fee have rights such as building houses and transferring land use rights (Article 14).
- Economic organizations granted land by the State with payment of land use fee have rights to transfer, lease land use rights attached to architectural works (Article 16).
- Authority for land allocation and land leasing is implemented according to the provisions of Article 20 of this Decree.
- Reduction of land use fees applies to specific cases such as construction of high-rise residential buildings (Article 9).
🌐 Tác động xã hội từ văn bản này
- Positive impact: Reducing the burden of land use costs for households, individuals, and economic organizations.
- Negative impact: May cause difficulties in managing and controlling land use if regulations are not followed.
- Limitation of citizens' rights when transferring land use rights attached to infrastructure (Article 21).
❓ Câu hỏi thường gặp
Which agency has the authority to allocate land?
The agency authorized to allocate land as specified in Clause 3, Article 23 and Article 24 of the Land Law is also the agency for land leasing (Article 2).
What rights do households and individuals granted land by the State without payment of land use fee have?
Rights such as building houses and transferring, leasing, inheriting, mortgaging land use rights (Article 14).
What obligations do economic organizations granted land by the State with payment of land use fee have?
Compliance with legal regulations on investment and construction management, returning land to the State upon expiration of the use period (Article 17).
How long is the term for land allocation and land leasing?
The term for land allocation and land leasing is specifically defined based on the purpose of land use and does not exceed 50 years for projects (Article 4).
In which cases is the reduction of land use fees applied?
Exemption from land use fees for cases such as construction of charitable houses, housing at sea islands, border areas, mountainous regions, remote areas (Article 8).
Toàn văn
DECREE
Regarding the implementation of the Law Amending and Supplementing Certain Provisions of the Land Law
_______________________
THE GOVERNMENT
Pursuant to the Government Organization Law dated September 30, 1992;
Pursuant to the Land Law dated July 14, 1993 and the Law Amending and Supplementing Certain Provisions of the Land Law dated December 2, 1998;
At the proposal of the Director General of the Land Administration General Department,
DECREE:
PART I
GENERAL PROVISIONS
Article 1. Scope of Regulation.
This Decree stipulates the implementation of the Law Amending and Supplementing Certain Provisions of the Land Law dated December 2, 1998.
Article 2. Authority for Leasing Land.
1. The competent authority for allocating land as prescribed in Clause 3, Article 23 and Article 24 of the Land Law shall be the competent authority for leasing land.
In cases where land is leased for agricultural purposes, aquaculture, salt production, such leasing shall be carried out in accordance with the provisions of Clause 5, Article 1 of Government Decree No. 85/1999/NĐ-CP dated August 28, 1999 on Amending and Supplementing Certain Provisions of the Regulations on Allocating Agricultural Land to Households and Individuals for Stable and Long-Term Use for Agricultural Production Purposes and Supplementing the Allocation of Salt Production Land to Households and Individuals for Stable and Long-Term Use (referred to as Government Decree No. 85/1999/NĐ-CP); in cases where land is leased for forestry purposes, it shall be implemented in accordance with the provisions of Article 16 of Government Decree No. 163/1999/NĐ-CP dated November 16, 1999 on Allocating and Leasing Forestry Land to Organizations, Households, and Individuals for Stable and Long-Term Use for Forestry Purposes (referred to as Government Decree No. 163/1999/NĐ-CP).
2. The procedure for leasing land to implement projects shall follow the procedures for allocating land as prescribed in Articles 19 and 20 of this Decree.
Article 3. Cissuing certificate of land use right.
1. Organizations, households, and individuals currently using land that have one of the types of documents prescribed in Clause 2, Article 3 of Government Decree No. 17/1999/NĐ-CP dated March 29, 1999 on Procedures for Converting, Transferring, Leasing, Subleasing, Inheriting Land Use Rights, and Mortgaging and Contributing Land Use Value as Capital (referred to as Government Decree No. 17/1999/NĐ-CP) shall be issued a certificate of land use right.
In cases where organizations, households, and individuals using land as mentioned in this clause, if such land is within a construction plan approved by the competent state agency but has not yet been decided to be reclaimed for implementing such plan, they shall still be issued a certificate of land use right but must comply with the regulations on construction. When the State reclaims land to implement a construction plan, organizations, households, and individuals must comply with the land reclamation decision of the competent state agency and be compensated for losses related to land and assets on the land according to the law.
2. Organizations, households, and individuals currently using land without the documents mentioned in Clause 1 of this Article, if confirmed by the People's Committee of the commune as having no disputes over the land, may be considered for issuance of a certificate of land use right.
In cases where organizations, households, and individuals using land without the documents mentioned in this clause, if such land is within a construction plan approved by the competent state agency, they shall not be issued a certificate of land use right.
3. The People's Committee of the province shall issue a certificate of land use right to the following entities:
a) Organizations using land;
b) Households and individuals using various types of land in urban areas, central towns, and residential and special-purpose land in townships;
c) Religious temples, pagodas, churches;
d) Community residents using land with structures such as communal houses, shrines, temples, hermitages, ancestral halls, family shrines in urban areas.
4. The People's Committee of the district shall issue a certificate of land use right to the following entities:
a) Households and individuals using land for agricultural, forestry, aquaculture, and salt production purposes in rural areas and townships;
b) Households and individuals using residential and special-purpose land in rural areas;
c) Community residents using land with structures such as communal houses, shrines, temples, hermitages, ancestral halls, family shrines in rural areas.
Article 4. Land for public purposes.
1. Land for public purposes as defined in Point 5 Clause 5 Article 1 of the Law amending and supplementing certain provisions of the Land Law includes land for constructing roads, bridges, culverts, sidewalks, water supply and drainage systems, rivers, lakes, dykes, dams, schools, hospitals, markets, parks, flower gardens, children's playgrounds, squares, sports stadiums, airports, ports.
2. Land for constructing other public works includes land for building power plants, transformer stations, hydroelectric reservoirs, communication lines, power transmission lines, oil and gas pipelines, meteorological and hydrological stations, monitoring stations serving research and public services, irrigation works, boat docks, bus terminals, ferry terminals, railway stations, national parks, rest areas, orphanages, children's care centers, training and exercise facilities for physical education and sports, rehabilitation centers for disabled children, vocational training centers, cultural works, monuments, memorials, clubs, theaters, museums, exhibitions, cinemas, circuses, drug rehabilitation centers, correctional centers, character restoration centers, cemeteries, waste disposal sites, and garbage dumps.
Article 5. Term of land allocation, lease, and term of land use upon transfer of land use rights.
1. Term of land allocation and lease:
a) The term of land allocation and lease for households and individuals to grow annual crops, perennial crops, aquaculture, and salt production shall be implemented according to the provisions of Clause 3 and Clause 5, Article 1 of Decree No. 85/1999/ND-CP of the Government;
The term of land allocation and lease for organizations, households, and individuals to use for forestry purposes shall be implemented according to the provisions of Article 14 of Decree No. 163/1999/ND-CP of the Government.
b) The term of land allocation for households and individuals to build houses is long-term stability, the State will only reclaim the land in cases stipulated in Articles 26 and 27 of the Land Law;
c) The term of land allocation for economic organizations to create capital for infrastructure construction under projects is long-term stability, the State will only reclaim the land in cases stipulated in Articles 26 and 27 of the Land Law;
d) The term of land allocation for economic organizations to construct infrastructure for transferring or leasing land use rights attached to that infrastructure according to the project term approved by competent state authorities shall not exceed 50 years. For projects requiring a longer land use term, it shall be decided by the Prime Minister but not exceeding 70 years; after that term, if the organization still needs to continue using the land, they must go through procedures for the competent state authority to decide.
2. Term of land use upon transfer of land use rights as follows:
a) In the case where households and individuals receive the transfer of residential land and specialized-use land; economic organizations receive the transfer of residential land and specialized-use land from households and individuals, where the payment amount at the time of transfer does not originate from the state budget, then the term of land use received is long-term stability;
b) In the case where economic organizations, households, and individuals receive the transfer of land use rights for land types with specified usage terms without changing the purpose of land use, then the term of land use is the remaining time within that usage term; after that term, if the organization, household, or individual still needs to continue using the land, they must go through procedures for the competent state authority to decide;
c) In the case where economic organizations, households, and individuals receive the transfer of agricultural and forestry land use rights along with changing the purpose of land use approved by the competent state authority, the term of land use shall be calculated according to the project term approved or agreed by the competent state authority but not exceeding 50 years. Specifically, in the case where households and individuals receive the transfer of agricultural and forestry land use rights approved by the competent state authority to change the purpose to residential land, the term of land use is long-term stability.
Article 6. Residential land for households and individuals.
1. Residential land for households and individuals is land used for constructing houses and facilities serving daily life such as kitchens, yards, wells, bathrooms, toilets, pathways, animal sheds, warehouses, storage areas for animal feed, fuel storage areas, and parking spaces for automobiles.
2. Limit on allocating residential land to households and individuals.
a) Limit on allocating residential land to households and individuals in rural areas. Based on the land fund of the locality, the provincial People's Committee decides the amount of land allocated to each household and individual for building houses according to the following regulations:
- For plain communes, not exceeding 300 square meters2;
- For midland, mountainous, and island communes, not exceeding 400 square meters2;
- In cases where there is a custom of multiple generations living together in one household or special natural conditions, the residential land limit may be higher, but shall not exceed twice the prescribed limit for that region.
b) Limit on allocating residential land to households and individuals in urban areas shall be implemented according to investment projects for constructing houses for sale or lease approved by competent state agencies.
In cases where conditions for allocating land according to projects have not been met, the provincial People's Committee shall base on the land fund of the locality to stipulate the amount of land allocated to each household and individual for self-building houses in accordance with urban planning and design standards for urban construction.
3. The limits on allocating land specified in Clause 2 of this Article only apply to new allocations of land for housing purposes, and do not apply to cases where land for residential purposes was already in use before this Decree takes effect.
Article 7. Subjects eligible for land allocation without payment of land use fee.
1. Organizations eligible for land allocation without payment of land use fee include:
a) Organizations managing forest land and land for planting protective forests at the headwaters, windbreaks, sand barriers, sea wave barriers, and environmental protection; organizations managing national parks, nature conservation areas, cultural-historical-environmental forests, which are assigned by the State;
b) State-owned enterprises currently using land allocated by the State before January 1, 1999 for agricultural, forestry, aquaculture, and salt production purposes;
c) State agencies, political organizations, socio-political organizations, people's armed forces units using land for constructing offices, for national defense and security purposes, for constructing facilities in economic, cultural, social, scientific and technological, diplomatic sectors, and organizations managing historical and cultural relics that have been classified;
d) Organizations using land for public purposes as prescribed in Article 4 of this Decree.
2. Households and individuals directly engaged in agriculture, forestry, aquaculture, and salt production using land within the limits prescribed by laws on land for agricultural, forestry, aquaculture, and salt production purposes.
3. Religious organizations currently using land.
Article 8. Subjects eligible for land allocation with payment of land use fee.
1. Households and individuals receiving land from the State for residential purposes.
2. Economic organizations investing in constructing houses for sale or lease.
3. Economic organizations investing in constructing infrastructure for transfer or lease of land use rights attached to that infrastructure.
4. Economic organizations receiving land with payment of land use fee to create capital for constructing infrastructure according to projects decided by the Prime Minister.
Article 9. Subjects eligible for land leasing by the State.
1. Households and individuals with a need to use land for production and business activities.
2. Households using agricultural land exceeding the prescribed quota as stipulated in Point 1, Clause 5, Article 1 of the Law Amending and Supplementing Certain Provisions of the Land Law.
3. Economic organizations using land for production and business activities.
4. Economic organizations investing in infrastructure construction to transfer or lease land use rights attached to that infrastructure in industrial zones, export processing zones, high-tech areas.
Article 10. Exemption and reduction of land use fees and land rental fees.
1. Users of land are exempted from land use fees in the following cases:
a) Using land to construct benevolent houses;
b) Using land to build high-rise apartment buildings for sale or rent; constructing dormitories;
c) Using land at sea islands, border areas, mountainous regions, remote areas for housing;
d) Using land to construct housing due to relocation caused by natural disasters;
đ) Individuals currently using garden or pond land who are permitted by competent state authorities to convert it into residential land within the prescribed land allocation limit, in accordance with planning.
2. Persons who have rendered meritorious service to the revolution using residential land are exempted or reduced from land use fees according to the decision of the Prime Minister.
3. Exemption and reduction of land rental fees:
a) Organizations, households, and individuals renting land when affected by natural disasters or fires impacting their production and business activities;
b) Organizations, households, and individuals renting land to implement investment projects in preferential fields as provided by domestic investment encouragement laws or to lease land for exploiting vacant hills and mountains.
4. Enterprises with factories and workshops located in urban centers, when implementing plans to relocate to industrial zones, are exempted or reduced from land use fees and land rental fees.
Article 11. Management, utilization of idle land and unused land.
For communes, wards, and towns with areas of excavated pits, abandoned plots, dead-end rivers, canals, ditches, embankments, dams, unused roads, newly formed coastal lands, idle lands, and unused lands, the commune-level People's Committee is responsible for managing those land areas.
The authority to allocate land, lease land, and the duration of land use for production and business purposes shall be implemented in accordance with Articles 20, 23, and 24 of the Land Law and Articles 2 and 5 of this Decree.
Chapter II
RIGHTS AND OBLIGATIONS OF ORGANIZATIONS, HOUSEHOLDS, AND INDIVIDUALS RECEIVING LAND FROM THE STATE WITHOUT PAYING LAND USE FEES
Section 1
FOR ORGANIZATIONS
Article 12. Rights of organizations receiving land from the State without paying land use fees.
1. Organizations receiving land from the State without paying land use fees enjoy the rights stipulated in Clauses 1, 2, 4, 5, 6, and 8 of Article 73 of the Land Law. In addition, economic organizations using land as specified in Point d, Clause 1 of this Decree also have the right to mortgage the value of assets they own attached to land use rights to borrow funds from Vietnamese credit institutions in accordance with the law.
2. For state-owned enterprises using agricultural, forestry, aquaculture, salt-making land allocated before January 1, 1999, in addition to the rights stipulated in Clause 1 of this Article, they also have the right to mortgage assets they own attached to land use rights at Vietnamese credit institutions to borrow funds for production and business activities; contribute capital by the value of land use rights to cooperate in production and business activities with domestic organizations and individuals, foreign organizations and individuals to continue using for agricultural, forestry, aquaculture, salt-making purposes, expanding processing industry, services to develop production.
Article 13. Obligations of organizations receiving land from the State without paying land use fees.
1. Organizations receiving land from the State without paying land use fees have obligations stipulated in Clauses 1, 2, 3, 4, 6, and 7 of Article 79 of the Land Law.
2. When organizations using land for public purposes, and economic organizations receiving agricultural, forestry, aquaculture, salt-making land before January 1, 1999, are permitted by competent state authorities to use such land for other purposes, they must switch to leasing land or be allocated land with payment of land use fees.
Section 2
FOR HOUSEHOLDS INDIVIDUALS, PERSONS
Article 14. Rights of households and individuals receiving land from the State without paying land use fees.
Households and individuals receiving land from the State without paying land use fees have the rights stipulated in Clauses 1, 2, 4, 5, 6, and 8 of Article 73 of the Land Law, the right to exchange, transfer, lease, sublease, inherit, and mortgage land use rights in accordance with the law on land, additionally, they also have the right to contribute capital by the value of land use rights during the period of land allocation to cooperate in production and business activities with domestic organizations and individuals; in case of contributing capital by the value of land use rights to cooperate in production and business activities with domestic organizations and individuals to develop processing industry and services, they must obtain permission from the provincial People's Committee and switch to leasing land.
Article 15. Obligations of households and individuals receiving land from the State without paying land use fees.
Households and individuals receiving land from the State without paying land use fees have obligations stipulated in Clauses 1, 2, 3, 4, 6, and 7 of Article 79 of the Land Law and Point 1, Clause 5 of the Law Amending and Supplementing Certain Provisions of the Land Law.
Chapter III
RIGHTS AND OBLIGATIONS OF ECONOMIC ORGANIZATIONS
RECEIVING LAND FROM THE STATE WITH PAYMENT OF LAND USE FEES
Article 16. Rights of economic organizations receiving land from the State with payment of land use fees.
Economic organizations receiving land from the State with payment of land use fees have the rights stipulated in Clauses 1, 2, 4, 5, 6, and 8 of Article 73 of the Land Law, in addition, they also have the right:
1. To transfer land use rights attached to architectural works and infrastructure already constructed on the land;
2. To lease land use rights attached to architectural works and infrastructure already constructed on the land;
3. To mortgage the value of land use rights at Vietnamese credit institutions to borrow funds for production and business activities in accordance with the law;
4. To contribute capital by the value of land use rights together with assets they own attached to the land to cooperate in production and business activities with domestic organizations and individuals, foreign organizations and individuals in accordance with the law.
Article 17. Obligations of economic organizations assigned land with payment for land use rights by the State.
Economic organizations assigned land with payment for land use rights by the State shall fulfill the obligations stipulated in Article 79 of the Land Law, in addition to the following obligations:
1. Comply strictly with the provisions of laws on investment management and construction.
2. Return the land to the State when the term of land use expires.
Chapter IV
ASSIGNING LAND FOR INVESTMENT AND CONSTRUCTION OF HOUSING FOR SALE
OR RENTAL TO CREATE CAPITAL FOR INFRASTRUCTURE DEVELOPMENT
Section 1
ASSIGNING LAND FOR INVESTMENT AND CONSTRUCTION
HOUSING FOR SALE OR RENTAL
Article 18. Planning and land use plans for housing construction.
Land used for investment and construction of housing for sale or rental must be within the residential area development plan or urban development plan that has been approved by competent state authorities.
Article 19. Preparing applications for land allocation, procedures for reviewing land allocation applications.
1. The application for land allocation includes:
a) Application for land allocation;
b) Decision of the competent state authority approving the project for investment and construction of housing for sale or rental;
c) Compensation and resettlement plan;
d) Extract from the cadastral map or cadastral survey of the land plot or land plot map indicating clearly the boundaries and area of the land plot confirmed by the Department of Land Administration or the Department of Land Administration - Real Estate where the land is located.
The application for land allocation shall be prepared in two copies for cases within the authority to allocate land of the provincial People's Committee, and four copies for cases within the authority to allocate land of the Government, and submitted to the Department of Land Administration or the Department of Land Administration - Real Estate where the land is located.
2. Procedures for reviewing land allocation applications:
a) Within twenty days from the date of receipt of complete and valid applications as prescribed in Clause 1 of this Article, the Department of Land Administration or the Department of Land Administration - Real Estate shall complete the following tasks:
- Organize verification and on-site investigation, prepare a verification report on the application for land allocation;
- Prepare a proposal and submit the application for land allocation to the provincial People's Committee for examination and decision.
b) Within ten days from the date of receipt of complete and valid applications submitted by the Department of Land Administration or the Department of Land Administration - Real Estate, the provincial People's Committee shall decide on land allocation for cases within its authority, or prepare a proposal and send it along with two copies of the application for land allocation to the General Department of Land Administration for cases within the authority to allocate land of the Government.
c) Within ten days from the date of receipt of complete and valid applications sent by the provincial People's Committee, the General Department of Land Administration shall review the application for land allocation and submit it to the Prime Minister for decision.
Article 20. Implementation of land allocation decisions.
The implementation of land allocation decisions shall be carried out as follows:
1. After receiving the land allocation decision from the competent state authority, the economic organization allocated land must implement compensation for losses to persons whose land is being reclaimed according to the approved compensation plan and pay the land use fee as prescribed by law;
2. The district People's Committee shall be responsible for organizing compensation for losses and implementing land clearance within its jurisdiction;
3. The Department of Land Administration or the Department of Land Administration - Real Estate shall take the lead in coordinating with the Land Administration Office and the People's Committee of the commune to organize the handover of boundary markers of the land plot on site according to the land allocation decision of the competent state authority to the economic organization.
Article 21. Transfer of land use rights for residential purposes linked to infrastructure.
The transfer of land use rights for residential purposes linked to infrastructure shall be carried out in accordance with the provisions of Articles 13 and 14 of Decree No. 17/1999/NĐ-CP dated March 29, 1999 of the Government. The transferee shall be granted a certificate of land use rights by the State.
Section 2
ASSIGNING LAND TO CREATE CAPITAL
CONSTRUCTING INFRASTRUCTURE ACCORDING TO PROJECTS
Article 22. Establishing and submitting for approval projects using land funds to create capital for constructing infrastructure.
Each year, the provincial People's Committee shall establish and submit to the Prime Minister for approval:
1. List of projects utilizing land funds to create capital for constructing infrastructure.
2. Plan for utilizing land funds to create capital for constructing infrastructure.
Article 23. Procedures for implementing projects using land funds to create capital for constructing infrastructure.
1. Provincial People's Committees shall be responsible for:
a) Directing the establishment and submission to the competent authority for approval of infrastructure construction project plans that have been permitted by the Prime Minister;
b) Organizing bidding to select the investor for the project if multiple units participate, in case only one unit requests to implement the project, tender designation may be allowed;
c) Assigning land or submitting to the Prime Minister for assignment of land for constructing infrastructure projects according to the authority stipulated in Article 23 of the Land Law;
d) Organizing acceptance and determining the value of investment in constructing infrastructure projects according to the provisions of the law;
đ) Valuing the area of land to be paid to the investor who has invested in constructing infrastructure according to the provisions of the law;
e) Guiding the establishment and submission to the competent authority for approval of infrastructure construction project plans on the land returned to the investor and deciding to assign land or submitting to the Prime Minister for assignment of land to the investor according to the authority stipulated in Article 23 of the Land Law.
2. Revenue from land assignment and construction project costs must be fully recorded in the state budget according to the provisions of the law on the state budget.
Article 24. Rights and obligations of economic organizations assigned land by the State to create capital for constructing infrastructure.
1. Economic organizations assigned land by the State to create capital for constructing infrastructure shall have the rights stipulated in Article 16 of this Decree.
2. Economic organizations assigned land by the State to create capital for constructing infrastructure shall have the obligations stipulated in Article 79 of the Land Law, in addition to complying with all regulations on construction projects approved by the competent authority.
Chapter V
RESOLVING CASES
WHERE LAND HAS BEEN ASSIGNED BY THE STATE, RENTED BY THE STATE, OR TRANSFERRED THROUGH ASSIGNMENT OF LAND USE RIGHTS
Article 25. Rights and obligations of households and individuals using specialized land.
Households and individuals currently using specialized land not rented by the State shall have a stable long-term land use period and shall have the rights and obligations of households and individuals assigned land by the State with payment for land use rights.
Article 26. Households and individuals changing the purpose of agricultural, forestry, aquaculture, or salt production land use.
Households and individuals using agricultural, forestry, aquaculture, or salt production land, when permitted by the competent state agency to change the purpose of land use, shall not need to convert to leasehold and may continue to use it according to the prescribed term for such types of land.
Article 27. Economic organizations that have acquired the right to use land through transfer.
1. An economic organization that has legally acquired the right to use residential land or specialized land from another party with funds not originating from the state budget for the acquisition shall be entitled to long-term stable land use without having to convert to leasehold land.
2. An economic organization that has acquired the right to use agricultural or forestry land along with a change in land use purpose approved by competent state authorities, with funds not originating from the state budget for the acquisition and change in land use purpose, shall not have to convert to leasehold land and the duration of land use shall be calculated according to the project duration approved by competent state authorities but shall not exceed fifty years.
3. An economic organization using land as stipulated in Clause 1 and Clause 2 of this Article and an economic organization granted land by the State for a fee when contributing the value of the land use right as capital to form joint ventures with foreign organizations and individuals shall not have to convert to leasehold land.
Article 28. State-owned enterprises leasing land for joint venture capital contribution with foreign entities.
1. A state-owned enterprise that is leased land by the State may use the value of the land rent to contribute as capital for joint ventures with foreign entities.
The value of the land rent is considered as state budget capital provided to the enterprise. The enterprise does not need to record debt and does not have to repay the land rent, but must pay property tax as prescribed by law.
2. The Ministry of Finance and the Land Administration General Department shall provide detailed guidance on increasing capital as stipulated in Clause 1 of this Article for enterprises.
Article 29. Organizations that have been granted land by the State or have acquired the right to use land through transfer where the land use fee and transfer payment funds originate from the state budget.
Organizations that have been granted land by the State or have acquired the right to use land through transfer where the land use fee and transfer payment funds originate from the state budget shall have to convert to leasehold land according to the project duration but shall not exceed fifty years.
Article 30. Organizations and individuals leasing land in export processing zones, industrial parks, high-tech zones.
1. Organizations and individuals leasing land in export processing zones, industrial parks, and high-tech zones shall be issued a certificate of land use rights. For the area of land already issued a certificate of land use rights to organizations and individuals leasing land, the Department of Land Administration or the Department of Land Administration - Real Estate must amend the certificate of land use rights issued to infrastructure business organizations accordingly.
2. The term of leasing land in export processing zones, industrial parks, and high-tech zones shall be according to the investment project duration approved by competent state authorities.
3. Organizations and individuals leasing land who have paid the lease fee for the entire lease period or have prepaid the lease fee for several years, with at least five years remaining in the payment period, shall have the right:
a) To mortgage the value of the leased land use right and assets belonging to them on the leased land at a Vietnamese credit institution;
b) To transfer the leased land use right and assets belonging to them on the leased land during the lease period;
c) To contribute the value of the leased land use right as capital to cooperate and form joint ventures with domestic organizations and individuals; with foreign organizations and individuals in accordance with the provisions of the law;
d) In addition to the rights stipulated in points a, b, and c of this clause, individual lessees in export processing zones, industrial parks, and high-tech zones also have the right to inherit the land use right during the lease period.
4. Organizations and individuals leasing land in export processing zones, industrial parks, and high-tech zones who pay the annual lease fee only have the right to transfer and mortgage assets belonging to them attached to the leased land use right.
Chapter VI
IMPLEMENTING PROVISIONS
Article 31. Responsibilities of Ministries, ministerial-level agencies, government-affiliated agencies, people's committees at all levels, and land users.
The Ministers, Heads of ministerial-level agencies, Heads of government-affiliated agencies, Chairpersons of people's committees at all levels, and land users shall be responsible for implementing this Decree.
Article 32. Effectiveness.
This Decree takes effect fifteen days from the date of signature. All previous provisions contrary to this Decree are hereby abolished.
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