Decree No. 148/2020/ND-CP Amending and Supplementing Certain Decrees detailing the implementation of the Land Law

DECREE

AMENDMENTS AND SUPPLEMENTS TO SOME DECREES PROVIDING DETAILED REGULATIONS FOR IMPLEMENTATION OF THE LAND LAW

Pursuant to the Law on Organization of the Government dated June 19, 2015; the Law Amending and Supplementing Certain Provisions of the Law on Organization of the Government and the Law on Organization of Local Administration dated November 22, 2019;

The Government issues this Decree on management and development of industrial clusters.

Pursuant to the Law on Bidding dated November 26, 2013;

Pursuant to the Planning Law dated November 24, 2017;

Pursuant to the Law Amending and Supplementing Several Articles of 37 Related Laws on Planning dated November 20, 2018;

Pursuant to Resolution No. 82/2019/QH14 dated June 14, 2019 of the National Assembly;

Pursuant to Resolution No. 751/2019/UBTVQH14 dated August 16, 2019 of the Standing Committee of the National Assembly;

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

The Government promulgates this Decree amending and supplementing some decrees providing detailed regulations for implementation of the Land Law.

Article 1. Amending and supplementing certain provisions of the Governmental Decree No.

1. Amend and supplement Point c Clause 1 Article 5 as follows:

“c) Operating expenses of the Land Registration Office shall be implemented in accordance with the laws applicable to public service units.

When the Land Registration Office provides services, the person requesting such services shall be responsible for paying the costs for the services provided. For registration procedures and issuance of land use right certificates, house ownership certificates, and certificates for other assets attached to the land, the person requesting the service shall be responsible for paying the fee for reviewing the application and assessing the conditions for registration and issuance of land use right certificates, house ownership certificates, and certificates for other assets attached to the land; and paying the cost for the remaining procedures according to the price of public services provided by the provincial People's Committee.”

"3. During the implementation process, if any difficulties arise, organizations and individuals involved should report to the Ministry of Industry and Trade for timely guidance and resolution."

“3. Service activities in the field of land include:

a) Land surveying and evaluation; land improvement;

b) Preparation of land use planning and plans;

c) Surveying, mapping, establishing land records, building land databases, registering, and preparing certificates for land use rights, house ownership, and other assets attached to the land;

d) Consulting on land valuation;

đ) Auctioning land use rights;

e) Compensation, support, and resettlement;

g) Provision of land information and data, market information on land use rights, and other land-related information;

h) Acceptance of applications and delivery of results for administrative procedures related to land according to the time and location requirements of the service requester;

i) Other services according to functions and tasks.”

3. Amending and supplementing Article 7 as follows:

“Article 7. Preparation and adjustment of land use planning and plans

1. Responsibilities for determining land use needs in the preparation and adjustment of national land use planning and plans are stipulated as follows:

a) Ministries and sectors determine land use needs for projects under their jurisdiction at the provincial administrative level; Provincial People's Committees determine land use needs for their localities;

b) Ministries and sectors, and provincial People's Committees submit land use needs to the Ministry of Natural Resources and Environment within 45 days from the date they receive the Ministry of Natural Resources and Environment's request for registration of land use needs;

c) The Ministry of Natural Resources and Environment compiles, balances land use needs, and proposes national land use indicators to each economic and social region and provincial administrative unit.

2. Responsibilities for determining land use needs in the preparation and adjustment of provincial land use plans:

a) Departments determine land use needs for projects using provincial land use indicators at the district administrative level; District People's Committees determine land use needs for their localities;

b) Departments and district People's Committees submit land use needs to the Department of Natural Resources and Environment within 30 days from the date they receive the Department of Natural Resources and Environment's request for registration of land use needs;

c) The Department of Natural Resources and Environment proposes the allocation of provincial land use indicators in the national land use plan to each district administrative unit; compiles, balances land use needs, and proposes the allocation of provincial land use indicators to each district administrative unit;

d) In cases where it is necessary to change the scale, location, and number of projects and works within the same type of land without changing the land use indicators and areas according to the functional use in the approved provincial land use plan, the provincial People's Committee is responsible for submitting to the provincial People's Council for approval before deciding to update the district land use planning and plan to organize its implementation.

3. District-level land use planning and plans:

a) Responsibilities for determining land use needs in the preparation and adjustment of district-level land use planning and plans:

District offices determine land use needs and propose projects using district-level land use indicators at the commune administrative level; Commune People's Committees determine land use needs for their localities.

District offices and commune People's Committees submit land use needs to the District Natural Resources and Environment Office within 30 days from the date they receive the District Natural Resources and Environment Office's request for registration of land use needs.

The District Natural Resources and Environment Office determines provincial land use indicators and projects in the provincial land use plan allocated to the district to each commune administrative unit; compiles, balances land use needs, and proposes the allocation of district-level land use indicators to each commune administrative unit;

b) Indicators for land use in district-level land use planning include land use indicators by land type and land use indicators by functional zones.

Land use indicators by land type include land use indicators by land type already determined in the provincial land use plan and land use indicators by land type determined by the district and commune levels. Land use indicators by land type determined by the district and commune levels include other agricultural land; construction material production land, pottery production land; county and commune-level infrastructure development land; community living land, public recreational and entertainment land; religious land; river, stream, canal, brook, and specialized water surface land; and other non-agricultural land.

The land use indicators according to functional zones include areas dedicated to rice cultivation; areas for perennial industrial crops; protective forest areas, special-use forests, production forests; industrial zones, industrial clusters; new urban areas, urban-commercial-service areas; tourist areas; residential areas, craft villages, non-agricultural production areas in rural areas;

c) In cases where it is necessary to adjust the scale, location, and number of projects or construction works or the land use needs of households and individuals without changing the land use indicators according to the type of land and the functional area usage in the land use plan at the district level, the Department of Natural Resources and Environment shall compile the land use needs of organizations, households, and individuals and submit them to the People's Committee at the district level for reporting to the Department of Natural Resources and Environment. The Department of Natural Resources and Environment shall submit to the People's Committee at the provincial level for consideration, decision-making, and updating in the annual land use plan at the district level.

In cases where additional projects or construction works require land acquisition as stipulated in Clause 3, Article 62 of the Land Law, such actions must be approved by the Provincial People's Council or the People's Council of a centrally-administered city before the People's Committee at the provincial level considers, decides, and updates in the annual land use plan at the district level.

4. During the process of organizing the national defense and security land use plan, the Ministry of National Defense and the Ministry of Public Security have the responsibility to coordinate with the People's Committee at the provincial level to determine the areas and acreage of land used for national defense and security purposes and the locations and acreage of national defense and security land handed over to local management.

5. The Ministry of Natural Resources and Environment shall specify technical guidelines for the preparation and adjustment of the national land use plan; the preparation and adjustment of the provincial land use plan; the preparation and adjustment of the district-level land use planning and land use plan.

"Article 8. Liquidity ratio, in case microfinance organizations have a risk of losing the ability to pay, losing the ability to pay

Article 8. Soliciting Opinions on the District-Level Land Use Plan

1. Documents for soliciting opinions on the district-level land use plan include:

a) A summary report on the land use plan, including land use indicators, locations, and areas of land expected to be reclaimed and changed in purpose during the planning period;

b) Maps of the land use plan.

2. The consolidated report, incorporating public opinions on the land use plan, shall be publicly disclosed on the website of the People's Committee at the district level.

5. Amend and supplement Article 9 as follows:

Article 9. Procedures and Formalities for Reviewing and Approving the Provincial Land Use Plan; District-Level Land Use Planning and Plans; National Defense Land Use Plan; Security Land Use Plan

1. Procedures and formalities for reviewing and approving the provincial land use plan:

a) The People's Committee at the provincial level sends the land use plan documents to the Ministry of Natural Resources and Environment for review;

b) Within five days from the date of receiving complete and valid documents, the Ministry of Natural Resources and Environment has the responsibility to send the land use plan documents to the members of the Land Use Plan Review Board to solicit their opinions. If the documents are not valid, within five days from the date of receipt, the Ministry of Natural Resources and Environment has the responsibility to notify in writing the agency that submitted the documents;

c) If necessary, within ten days from the date of receiving complete and valid documents, the Land Use Plan Review Board organizes inspections and surveys of areas proposed for land use change, especially areas for converting paddy fields, protective forests, and special-use forests;

d) Within fifteen days from the date of receiving complete and valid documents, the members of the Land Use Plan Review Board send their written comments to the Ministry of Natural Resources and Environment;

đ) Within ten days from the end of the comment solicitation period, the Ministry of Natural Resources and Environment has the responsibility to convene the Land Use Plan Review Board meeting and send the results of the review to the People's Committee at the provincial level;

e) Within fifteen days from the date of receiving the review results, the People's Committee at the provincial level completes the land use plan documents and submits them to the Ministry of Natural Resources and Environment for submission to the Prime Minister for approval;

g) Within ten days from the date of receiving complete and valid documents, the Ministry of Natural Resources and Environment submits the provincial land use plan for approval by the Prime Minister. If the documents are not valid, within five days from the date of receipt, the Ministry of Natural Resources and Environment has the responsibility to notify in writing the People's Committee at the provincial level.

2. Content of the review of the provincial land use plan:

a) The degree of conformity of the land use plan with the national land use plan, the provincial planning;

b) The degree of conformity of the land use plan with the socio-economic development plan: Ensuring national food security, protecting the ecological environment, ensuring national defense and security; the ability to meet the demand for land use to serve the development of various industries and sectors;

c) The implementation results of the previous land use plan; the economic, social, and environmental effectiveness of projects and programs implemented in the previous land use plan;

d) The feasibility of the land use plan: The suitability of solutions with the actual situation of the locality; resources and the ability to mobilize capital to implement the plan.

3. Procedures and formalities for reviewing and approving the district-level land use plan:

a) The People's Committee at the district level sends the land use plan documents to the Department of Natural Resources and Environment for review;

b) Within five days from the date of receiving complete and valid documents, the Department of Natural Resources and Environment has the responsibility to send the land use plan documents to the members of the Land Use Plan Review Board to solicit their opinions. If the documents are not valid, within five days from the date of receipt, the Department of Natural Resources and Environment has the responsibility to notify in writing the agency that submitted the documents;

c) In case of necessity, within ten days from the date of receiving complete and valid files, the Planning Land Use Appraisal Council shall organize on-site inspection and survey of areas proposed for land use purpose change, especially areas for paddy field conversion, protective forest land, special-use forest land, and natural production forest land;

d) Within fifteen days from the date of receiving complete and valid files, members of the Planning Land Use Appraisal Council shall submit their written comments to the Department of Natural Resources and Environment;

đ) Within ten days from the end of the period for soliciting comments, the Department of Natural Resources and Environment shall be responsible for convening the Council to appraise the land use plan and notify the results of the appraisal to the People's Committee at the district level;

e) The People's Committee at the district level shall complete the land use plan file, submit it to the People's Council at the district level for approval, and send the land use plan file to the Department of Natural Resources and Environment for approval;

g) Within ten days from the date of receiving complete and valid files, the Department of Natural Resources and Environment shall submit the land use plan at the district level to the People's Committee at the provincial level for approval; if the file is not valid, within five days from the date of receipt, the agency receiving the file shall be responsible for notifying the agency submitting the file in writing;

4. The procedures and steps for appraising and approving adjustments to the provincial land use plan shall be carried out according to the provisions of Clause 1 and Clause 2 of this Article; the procedures and steps for appraising and approving adjustments to the district-level land use plan shall be carried out according to the provisions of Clause 3 of this Article;

5. Adjustments to the provincial land use plan may only be implemented when one of the bases prescribed in Clause 1 of Article 6 of the Law amending and supplementing certain articles of 37 related laws concerning planning is met, and must ensure the following principles:

a) Not changing the national land use indicators allocated to the province;

b) Not changing the purpose and structure of various types of land according to their functions in the land allocation and zoning plan in the approved provincial planning;

6. Procedures and steps for appraising and approving the annual land use plan at the district level:

a) In the third quarter of each year, the People's Committee at the district level shall submit the annual land use plan file for the following year to the Department of Natural Resources and Environment for appraisal;

b) Within five days from the date of receiving complete and valid files, the Department of Natural Resources and Environment shall be responsible for sending the annual land use plan file at the district level to the members of the Land Use Plan Appraisal Council to solicit opinions. If the file is not valid, within five days from the date of receipt, the Department of Natural Resources and Environment shall be responsible for notifying the People's Committee at the district level in writing;

c) Within fifteen days from the date of receiving complete and valid files, members of the Land Use Plan Appraisal Council shall submit their written opinions to the Department of Natural Resources and Environment;

d) Within five days from the end of the opinion solicitation period, the Department of Natural Resources and Environment shall be responsible for convening the Land Use Plan Appraisal Council, sending the notification of the results of the land use plan appraisal to the People's Committee at the district level to complete the file;

đ) The Department of Natural Resources and Environment shall be responsible for compiling the list of projects requiring land acquisition as stipulated in Clause 3 of Article 62 of the Land Law to report to the People's Committee at the provincial level for submission to the Provincial People's Council for approval simultaneously with the decision on the state budget capital for compensation and clearance at the final session of the Provincial People's Council;

e) Based on the completed annual land use plan file at the district level and the Resolution of the Provincial People's Council, the Department of Natural Resources and Environment shall submit the plan to the People's Committee at the provincial level for approval to be completed before December 31;

7. Procedures and steps for appraising and approving the defense land use plan and security land use plan:

a) The Ministry of National Defense and the Ministry of Public Security shall submit the land use plan file to the Ministry of Natural Resources and Environment for review;

b) Within five days from the date of receiving complete and valid files, the Ministry of Natural Resources and Environment shall be responsible for sending the file to the members of the Land Use Plan Appraisal Council to solicit review opinions; if the file is not valid, within five days from the date of receipt, the agency receiving the file shall be responsible for notifying the agency submitting the file in writing;

c) Within fifteen days from the date of receiving the file, members of the Land Use Plan Appraisal Council shall submit their written review opinions to the Ministry of Natural Resources and Environment;

Within five days from the end of the opinion solicitation period, the Ministry of Natural Resources and Environment shall be responsible for compiling and notifying the results of the land use plan review to the Ministry of National Defense and the Ministry of Public Security to complete the file;

d) In case of necessity, the Ministry of Natural Resources and Environment shall convene the Land Use Plan Appraisal Council and notify the results of the land use plan review to the Ministry of National Defense and the Ministry of Public Security;

đ) Within fifteen days from the date of receiving the notification of the results of the review, the Ministry of National Defense and the Ministry of Public Security shall complete the land use plan file and submit it to the Prime Minister for approval of the defense land use plan; security land use plan;

6. Supplement Article 9a as follows:

"Article 9a. Responsibility for organizing the establishment of land allocation and zoning plans by functional zones and land types down to each district administrative unit in the provincial planning

1. The agency assigned to establish the provincial planning shall be responsible for sending the following documents and data results to the Department of Natural Resources and Environment to organize the construction of the land allocation and zoning plan by functional zones and land types down to each district administrative unit in the provincial planning (hereinafter referred to as the provincial land allocation and zoning plan):

a) The provincial planning task file that has been approved;

b) Report on the results of collecting and processing documents and data; land use needs of sectors, fields, and districts;

c) Results of analysis, evaluation, and forecasting on specific factors and conditions for local development;

d) Results of evaluating the current status of economic and social development, the current status of urban and rural systems;

đ) Orientation on viewpoints and development goals of the province; directions for developing important industries within the provincial territory;

e) Layout plans for key projects and constructions, conservation areas determined at national and regional master plans on the provincial territory; draft plans to connect the provincial infrastructure system with the national and regional infrastructure systems; draft plans to organize spatial activities for economic and social development, defense, security, and environmental protection at the provincial and inter-district levels;

2. The Department of Natural Resources and Environment shall be responsible for organizing the construction of land allocation and zoning plans at the provincial level:

a) To compile, analyze, and evaluate land usage needs of various sectors and fields and of district People's Committees;

b) To analyze and evaluate the current status of land usage; results of implementing previous land usage planning and potential of land resources;

c) To develop land usage orientation for the province with a vision of 30 years;

d) To construct land allocation and zoning plans at the provincial level;

To determine land usage indicators according to land types, including indicators allocated by the national land usage plan and indicators based on provincial land usage needs as stipulated in the Government Decree detailing implementation of certain provisions of the Law on Planning;

To determine land usage indicators for functional zones such as agricultural production areas, forestry areas, tourism areas, natural conservation areas and biodiversity areas, industrial development areas, urban areas, commercial-service areas, and rural residential areas;

To determine land usage indicators for each administrative unit at the district level;

To determine the area of land required to be reclaimed for implementing projects and works as specified in Articles 61 and 62 of the Land Law during the planning period for each administrative unit at the district level;

To determine the area of land required to change land usage purposes during the planning period as specified in points a, b, c, d, and e of Clause 1, Article 57 of the Land Law for each administrative unit at the district level;

To determine the area of unused land to be put into use during the planning period for each administrative unit at the district level;

To prepare maps of provincial land usage planning schemes;

3. The budget for the Department of Natural Resources and Environment to organize the construction and solicitation of opinions on provincial land allocation and zoning plans shall be determined within the provincial planning budget.";

7. Supplement Article 9b as follows:

"Article 9b. Soliciting Opinions on Provincial Land Allocation and Zoning Plans Before Integration into Provincial Master Plan

1. The provincial People's Committee shall submit the provincial land allocation and zoning plan files to the Ministry of Natural Resources and Environment for soliciting opinions before integrating them into the provincial master plan.

2. Within thirty days from the date of receiving complete and valid files, the Ministry of Natural Resources and Environment shall issue an opinion letter on the provincial land allocation and zoning plan and send it to the provincial People's Committee.

In case of necessity, the Ministry of Natural Resources and Environment may send letters requesting opinions from experts, scientists, and related ministries and agencies on the provincial land allocation and zoning plan.

3. Contents of the opinion letter of the Ministry of Natural Resources and Environment on the provincial land allocation and zoning plan include:

a) Legal basis for establishing the provincial land allocation and zoning plan;

b) Consistency of the provincial land allocation and zoning plan with approved planning tasks;

c) Degree of consistency of the provincial land allocation and zoning plan with the socio-economic development strategy, national master plan, regional master plan, and provincial master plan;

d) Compliance with national land usage indicators allocated by the Prime Minister on the provincial territory;

đ) Ability to meet land usage needs for serving the development of various sectors and fields within the provincial territory."

8. Amending and supplementing Article 10 as follows:

"Article 10. Conditions for Organizations Engaged in National Land Usage Plan Preparation, Provincial Land Usage Plan Preparation, and District Land Usage Planning and Planning

1. Public institutions and enterprises can engage in national land usage plan preparation, provincial land usage plan preparation, and district land usage planning and planning when they meet the following conditions:

a) Having the function of preparing land usage planning and plans;

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

2. Individuals engaged in land usage planning and plan preparation in organizations with the function of preparing land usage planning and plans must meet the following conditions:

a) Holding a bachelor's or postgraduate degree in land management, cadastral affairs, or other relevant majors related to land usage planning and plans;

b) Having at least twenty-four months of work experience in land usage planning and related specialized planning and having directly participated in at least one land usage planning or plan preparation at the same or higher level."

9. Amend and supplement Article 11 as follows:

"Article 11. Implementation of Land Usage Planning and Plans

1. Ministries, sectors, provincial and district People's Committees have the responsibility to review and adjust sectoral and local planning and plans using land to ensure consistency with land usage planning and plans decided and approved by competent state authorities.

2. The provincial People's Committee shall direct and inspect district and commune People's Committees to specifically identify the area and boundaries of rice cultivation land, special-use forest land, protective forest land, and naturally produced timber forest land through field surveys.

The provincial People's Committee shall be responsible to the Prime Minister for protecting rice cultivation land, special-use forest land, protective forest land, and naturally produced timber forest land identified in the land usage planning and plans."

3. The Ministry of Natural Resources and Environment shall be responsible for inspecting the implementation of land usage targets in national land planning and land utilization plans at provincial level, and supervising localities and ministries, sectors in the implementation of land planning and utilization plans.

4. In cases where land usage targets in the current land planning period have not been fully implemented by the end of the planning period, they may continue to be implemented until the next land planning period is approved.

If the provincial planning has not yet been approved, the district-level land utilization plan shall be established concurrently with the provincial planning. If the district-level land utilization plan is completed and reviewed before the provincial planning, it shall be submitted to the Provincial People's Committee for approval beforehand. After the provincial planning is approved, if there are inconsistencies between the district-level land utilization plan and the provincial planning, adjustments must be made to ensure consistency.

If the provincial land utilization plan has not yet been approved, the District People's Committee shall base on the approved district-level land utilization plan to organize the annual land utilization plan for submission to the Provincial People's Committee for approval and integration into the provincial land utilization plan to ensure uniformity and synchronization.

5. Handling land usage when investment project proposals are terminated according to point i, Clause 2, Article 2 of Resolution No. 82/2019/NQ-CP dated June 14, 2019 of the National Assembly without a decision on land allocation, land lease, or permission to change land usage purpose:

a) When terminating an investment project proposal that falls under the State's land recovery as stipulated in Articles 61 and 62 of the Land Law, and there is a notification of land recovery, a decision on land recovery, a decision approving compensation, support, and resettlement plans, and such plans have been implemented, the land recovery area shall be managed by the Land Development Fund according to regulations. If only part of the compensation, support, and resettlement payments have been made, the Land Development Fund or the Compensation, Support, and Resettlement Council shall continue to implement the remaining payments according to the approved compensation, support, and resettlement plan. The State shall refund the advance payment made by the investor for compensation, support, and resettlement (if any) when another investor is selected.

If there is a decision on land recovery and a decision approving the compensation, support, and resettlement plan but no compensation, support, and resettlement payments have been made, the Land Development Fund or the Compensation, Support, and Resettlement Council shall continue to implement the approved compensation, support, and resettlement plan according to regulations.

If there is a notification of land recovery but no decision on land recovery or a decision approving the compensation, support, and resettlement plan, the notification of land recovery and the project name in the approved annual district land utilization plan shall become invalid from the date of termination of the investment project proposal.

b) When terminating an investment project proposal using agricultural land transferred for non-agricultural projects, if the investor has not yet transferred the land use rights according to regulations, the permit for the investor to transfer land use rights shall become invalid from the date of termination of the investment project proposal.

6. The Provincial People's Committee shall be responsible for directing the organization to implement the approved land planning and utilization plans based on the current land usage status and socio-economic conditions of the locality, and reviewing land usage at locations where there are notifications terminating investment project proposals as stipulated in Clause 5 of this Article.

10. Amend and supplement Clause 1 of Article 14 as follows:

"1. Investment projects using land without business purposes shall not apply the conditions stipulated in Clause 3 of Article 58 of the Land Law."

11. Supplement Article 14a as follows:

"Article 14a. Allocation and leasing of small plots of land managed by the State

1. Small plots of land managed by the State that meet the criteria set out in this Article shall be allocated and leased according to the following criteria:

a) They belong to the land fund recovered according to decisions of competent state agencies, unallocated land, unleased land, or land being managed according to point d, Clause 1 and Clause 2 of Article 8 of the Land Law;

b) Their area and shape do not meet the minimum standards for parcel division as prescribed by the Provincial People's Committee;

c) They are consistent with land utilization plans or detailed urban construction plans, rural residential area construction plans, or new rural commune construction plans already approved by competent authorities;

d) They are not within areas designated for projects or works already determined in approved land utilization plans and publicly announced;

đ) The land intended for allocation or leasing does not involve disputes, complaints, or violations, or if there are disputes, complaints, or violations, they have been resolved according to the law;

2. Principles of land allocation and leasing:

a) Prioritize the use of small plots of land managed by the State for public purposes. If they cannot be used for public purposes, allocate and lease them to adjacent land users with payment for land use;

b) Allocate and lease land through public auction of land use rights for cases involving two or more adjacent land users who need to use small plots of land; allocate and lease land without public auction for cases involving only one land user;

c) Allocation and leasing of small plots of land to adjacent land users shall be carried out after the People's Committees at all levels have organized reviews, publicly announced, and solicited opinions from local residents;

d) Allocation and leasing of small plots of land shall be based on applications for land allocation and leasing from adjacent land users and must be conducted openly, transparently, and democratically;

đ) After being allocated or leased by the State, adjacent land users must complete the procedures for consolidating land parcels according to regulations.

e) Ensuring limited rights of use for adjacent land plots in accordance with laws on land and civil laws; no disputes or complaints regarding land shall arise.

3. The term of land use when the State allocates or leases small land plots to adjacent land users shall be determined uniformly with the term of use of the land plot that the adjacent land user is currently using. In cases where allocating or leasing small land plots is tied to changing the purpose of use of adjacent land plots, the term of land use shall be determined in accordance with Articles 125 and 126 of the Land Law.

4. The land price for calculating land use fees and land lease fees when the State allocates or leases land without going through public auction of land use rights; the starting price for auctioning land use rights when allocating or leasing land is the specific land price decided by the provincial People's Committee in accordance with Article 114 of the Land Law and detailed implementing regulations.

5. The provincial People's Committee shall specify the procedures for reviewing and publicly announcing the list of small land plots directly managed by the State, soliciting public opinions, and publicly disclosing the allocation or leasing of small land plots at the local level for public purposes or allocating or leasing to adjacent land users.

12. Supplement Article 14b as follows:

“Article 14b. Allocation and leasing of land for cases exempt from land use fees and land lease fees.

In cases where certain years or the entire period of land use are exempted from land use fees and land lease fees for investment projects in preferential fields or areas, the competent authority shall implement land allocation or leasing without going through public auction of land use rights or bidding for projects using land, except for the following cases:

1. Exemption from land use fees and land lease fees is only allowed during the construction phase of the project.

2. Using land for commercial or service purposes.

3. Using land to implement investment projects for constructing commercial housing.”

13. Amend and supplement Article 16 as follows:

“Article 16. Use of land to implement investment projects through the purchase of assets attached to land, receiving transfer, leasing land use rights, or receiving capital contribution in the form of land use rights.

The use of land to implement investment projects through the purchase of assets attached to land, receiving transfer, leasing land use rights, or receiving capital contribution in the form of land use rights must comply with the following principles:

1. Consistent with the annual land use plan of the district which has been approved and announced.

2. On the territory, there is no remaining land that has been cleared for implementing suitable investment projects, except for projects in encouraged investment fields or areas.

3. In cases where economic organizations receive transfer, capital contribution, or lease agricultural land use rights to implement non-agricultural investment projects, they must submit a document to the Department of Natural Resources and Environment according to Model No. 01 issued together with this Decree. Within no more than 15 days from the date of receipt of the request document, the Department of Natural Resources and Environment shall submit it to the provincial People's Committee. Within no more than 10 days from the date of receipt of the dossier submitted by the Department of Natural Resources and Environment, the provincial People's Committee shall examine and issue a written approval or respond to the economic organization regarding the transfer, capital contribution, or lease of land use rights.

The approval document of the provincial People's Committee stipulated in this clause shall have an implementation period of 36 months from the date of signing the approval document.

4. In cases where the land area for implementing investment projects includes parts of land that the current land users do not have the right to transfer, lease, or contribute capital in the form of land use rights as prescribed by the law on land but have assets attached to the land, the investor may negotiate to purchase the assets attached to the land from the current land users, and the State shall carry out land recovery, allocate land, or lease land to the investor without going through public auction of land use rights or bidding for projects using land, change the purpose of land use to implement the investment project, and must determine the specific land price to calculate land use fees and land lease fees as prescribed. The content of the asset sale contract must clearly state that the seller voluntarily returns the land for the State to recover the land and allocate land, and lease the land to the buyer.

5. In cases where the land area for implementing investment projects includes parts of land allocated by the State for management as prescribed in Article 8 of the Land Law, agricultural land used for public welfare purposes, land that the current land users do not have the right to transfer, lease, or contribute capital in the form of land use rights as prescribed by the law on land and do not have assets attached to the land, and these parts of land are interwoven with the parts of land that have been transferred, leased land use rights, or received capital contributions in the form of land use rights, the following provisions shall apply:

a) In cases where the land area meets the conditions to be separated into an independent project, the competent People's Committee shall decide to recover the land to allocate or lease land to implement that independent project through public auction of land use rights as prescribed. The organization of the public auction of land use rights shall not be later than 90 days from the date the State decides to recover the land;

b) In cases where the land area does not meet the conditions to be separated into an independent project, the provincial People's Committee shall base on the current land use status and socio-economic conditions of the locality to organize reviews, specifically determine the scale of the project, the location of investment, and decide to recover the land to allocate or lease land to implement the investment project without going through public auction of land use rights or bidding for projects using land, and must determine the specific land price to calculate land use fees and land lease fees as prescribed;

c) The recovery of land, compensation, support, and resettlement stipulated in points a and b of this clause shall be implemented in accordance with the provisions applicable to cases of recovering land for use in economic and social development for national interests or public interests.

d) The provincial People's Committee shall specify in detail the conditions, criteria, scale, and ratio for separating into independent projects as provided in points a and b of this clause.

6. In cases where land is used to implement investment projects through the purchase of assets attached to land, acquisition of transfer rights, lease of land use rights, or contribution of land use rights as capital, and such land has different usage periods, the land usage period shall be re-determined according to the project's duration as stipulated in Clause 3, Article 126 of the Land Law; if not subject to investment procedures under laws on investment, the land usage period shall be decided by the competent People's Committee granting land use rights or leasing land but shall not exceed fifty years. In cases of acquiring transfer rights for land that is intended for long-term stable use, the land usage period shall be re-determined as long-term stable use.

7. The use of land to implement investment projects through the purchase of assets attached to land, acquisition of transfer rights, lease of land use rights, or contribution of land use rights as capital shall only apply to cases specified in Article 73 of the Land Law."

14. Amend and supplement point a of Clause 1, Article 31 as follows:

“a) Construction permit for housing or construction permit for housing with a term for cases required to obtain a construction permit under laws on construction.

In cases where housing has been constructed contrary to the issued construction permit, there must be a written opinion from the competent authority issuing the construction permit confirming that the area constructed contrary to the permit does not affect the safety of the structure and now complies with the approved urban planning scheme;"

15. Amend and supplement point a of Clause 1, Article 32 as follows:

“a) Construction permit for works or construction permit for works with a term for cases required to obtain a construction permit under laws on construction.

In cases where works have been constructed contrary to the issued construction permit, there must be a written opinion from the competent authority issuing the construction permit confirming that the area constructed contrary to the permit does not affect the safety of the structure and now complies with the approved urban planning scheme;"

16. Amend and supplement Clause 4, Article 35 as follows:

“4. Housing or works constructed after the announcement prohibiting construction; construction encroaching upon the boundaries protecting technical infrastructure facilities and historical and cultural relics already classified; assets attached to land created after the approval of the planning scheme by the competent state authority, if such assets are not in accordance with the approved planning scheme at the time of issuance of the Certificate of Land Use Right, Ownership of Housing and Other Assets Attached to Land, except in cases where the owner of housing or non-residential construction works, as stipulated in Articles 31 and 32 of this Decree, holds a construction permit with a term as prescribed by laws on construction.”

17. Amend and supplement Article 41 as follows:

“Article 41. Conditions for transferring land use rights in investment projects for constructing and selling residential houses or selling combined with renting

1. Conditions for investment projects for constructing and selling residential houses or selling combined with renting to transfer land use rights in the form of subdividing plots and selling land lots include:

a) The investor of the project must complete the investment in infrastructure including service works, technical infrastructure, and social infrastructure according to the detailed urban planning scheme at a scale of 1/500 which has been approved; ensuring connectivity with the common infrastructure system of the area before implementing the transfer of land use rights for people to build their own houses; ensuring the provision of essential services including electricity, water supply, drainage, and waste collection;

b) The investor must fulfill all financial obligations related to land of the project including land use fees, land lease fees; taxes, fees, and charges related to land (if any);

c) The project must be located in areas and types of cities allowed to transfer land use rights in the form of subdividing plots and selling land lots as provided in Clause 2 of this Article;

d) Other conditions as prescribed by laws on urban planning, construction, urban development, real estate business, and housing.

2. Investors of projects for constructing and selling residential houses or selling combined with renting may transfer land use rights in the form of subdividing plots and selling land lots in areas outside the districts of special-class and class-I centrally-administered cities; areas with high requirements for architectural landscape, central areas, and around key architectural structures in cities; frontages of regional-level roads and main scenic roads in cities.

3. Provincial People's Committees shall organize the public announcement of areas where investment projects for constructing and selling residential houses or selling combined with renting can transfer land use rights in the form of subdividing plots and selling land lots before implementing such investment projects.

4. Households or individuals receiving the transfer of land use rights to build their own houses must construct houses in accordance with the construction permit, complying with the approved detailed urban planning and design."

18. Amend and supplement Article 55 as follows:

"Article 55. Civil Aviation Airports and Ports

1. Based on the approved civil aviation airport and port planning, the Ministry of Transport shall take the lead and coordinate with the Ministry of Natural Resources and Environment and the Ministry of Defense to determine the boundaries of the areas exclusively used for civilian activities and those jointly used for civilian and military activities managed by either the military or civilians.

2. For new civil aviation airport and port investment projects implemented under the Public-Private Partnership (PPP) model, the competent authority shall grant land use rights or lease land after obtaining the Prime Minister's approval for the investment proposal."

3. For land areas currently being used but not yet issued with a Certificate of Land Use Right, Cảng vụ hàng không shall be responsible for reviewing, measuring, declaring, and completing procedures to request the provincial People's Committee to issue a Certificate of Land Use Right in accordance with regulations. As for land areas that are no longer needed, procedures for transferring the land back to the provincial People's Committee shall be carried out in accordance with regulations.

4. For civil airports and airfields where the provincial People's Committee has allocated land to the Cảng vụ hàng không, the Cảng vụ hàng không shall implement land allocation, land leasing, and determination of land use periods according to the following provisions:

a) Land used for purposes specified in points a and b of Clause 1, Article 156 of the Land Law shall be allocated without payment of land use fees for a stable long-term period;

b) Land used for purposes specified in points c and d of Clause 1, Article 156 of the Land Law shall be leased with a determined term based on the investment project or the application for land lease, but not exceeding the term stipulated in Clause 3, Article 126 of the Land Law. Upon expiration of the lease term, the current land user may be considered for extension of the lease if there is a need to continue using the land.

For new investment projects to construct civil airports or airfields, or new constructions at civil airports or airfields implemented under the public-private partnership (PPP) model, the lease term shall be determined according to the investment project contract term but not exceeding the term stipulated in Clause 3, Article 126 of the Land Law.

For land with existing facilities currently operating stably and in compliance with approved airport planning, the Cảng vụ hàng không shall lease the land based on the application for land lease, but not exceeding the term stipulated in Clause 3, Article 126 of the Land Law.

For land with existing facilities currently operating stably but no longer in compliance with approved airport planning, the Cảng vụ hàng không shall lease the land based on the application for land lease, with the lease term set annually until the land is reclaimed by the State in accordance with the law.

c) For land already having existing facilities constructed before the Cảng vụ hàng không was allocated the land or recognized the right to use the land, the Cảng vụ hàng không shall implement land allocation and leasing after obtaining the Certificate of Land Use Right. The time for calculating land rent is the time when the Cảng vụ hàng không decides to lease the land.

The land user shall be responsible for paying the corresponding annual land rent from the start of land use to the time when the Cảng vụ hàng không decides to lease the land in accordance with the law. The Ministry of Finance shall take the lead and coordinate with the Ministry of Transport to guide the collection of the corresponding annual land rent as stipulated herein.

The Ministry of Transport shall be responsible for coordinating with the provincial People's Committee to determine the start date of land use as the basis for determining financial obligations in accordance with the law.

d) For land for new construction or expansion of facilities, the time for calculating land rent is the time when the Cảng vụ hàng không decides to lease the land.

5. The provincial People's Committee shall decide the land lease price at civil airports and airfields in accordance with the law on land.

6. The Cảng vụ hàng không shall be responsible for the land area allocated by the provincial People's Committee as follows:

a) Managing and using land in accordance with its purpose and effectively;

b) Inspecting land use and financial obligations related to land for organizations and individuals allocated or leased land by the Cảng vụ hàng không;

c) Deciding to reclaim land in cases where land is allocated by the Cảng vụ hàng không and falls under the circumstances specified in points a, b, e, g, and i of Clause 1, Article 64 and points a, b, c, and d of Clause 1, Article 65 of the Land Law. Deciding to terminate the land lease contract in cases of violation of the lease contract by the Cảng vụ hàng không.

7. Inspection, handling complaints, accusations, and disputes over land in civil airports and airfields shall be carried out in accordance with the law on complaints and accusations and the law on land.

19. Amend and supplement Article 60 as follows:

"Article 60. Submission of documents and issuance of results for administrative procedures regarding land

1. The agency receiving documents and issuing results for land allocation, leasing, and changing land use purposes shall be as follows:

a) The Department of Natural Resources and Environment shall receive documents and issue results for cases stipulated in Clause 1, Article 59 of the Land Law;

b) The District Office of Natural Resources and Environment shall receive documents and issue results for cases stipulated in Clause 2, Article 59 of the Land Law.

2. The agency receiving documents and issuing results for land registration, other assets attached to land; issuance, reissuance, and replacement of Certificates of Land Use Right shall be the Land Registration Office or Branches of the Land Registration Office.

Based on specific conditions in the locality, the provincial People's Committee shall promulgate regulations on the receipt, circulation, processing, and issuance of results for land registration, other assets attached to land; issuance, reissuance, and replacement of Certificates of Land Use Right to ensure the time stipulated by law, transparency of administrative procedures, and selection of submission locations at the Land Registration Office or one of the Branches of the Land Registration Office within the province or at locations according to the needs of land users and owners of assets attached to land.

In cases where the Land Registration Office or Branches of the Land Registration Office carry out the receipt of documents and issuance of results for land registration, other assets attached to land; issuance, reissuance, and replacement of Certificates of Land Use Right according to the needs of land users and owners of assets attached to land, the time and location for receipt of documents and issuance of results for procedures shall be agreed upon between the party requesting the service and the Land Registration Office or Branches of the Land Registration Office but shall not exceed the time stipulated by the provincial People's Committee.

Where land registration offices have not been established, the provincial land registration office shall accept applications from organizations, religious institutions, overseas Vietnamese implementing investment projects, foreign organizations, foreign individuals, and foreign-invested enterprises; the district-level land registration office shall accept applications from households, individuals, community groups, and overseas Vietnamese owning houses attached to residential land in Vietnam.

In cases where households, individuals, and community groups wish to submit applications at the commune-level People's Committee, the People's Committee of the locality where the land is located shall accept the application and issue the result. In cases of registering changes in land status, immovable property attached to land, issuing, reissuing, or exchanging certificates, within three days from the date of receiving complete applications, the commune-level People's Committee must transfer the applications to the land registration office or branch thereof.

3. Where localities have organized a single-window department to handle the acceptance of applications and issuance of results for administrative procedures according to the Government’s regulations, the agencies specified in Clause 1 and Clause 2 of this Article shall implement the acceptance of applications and issuance of results through the single-window department according to the Decision of the provincial People's Committee, except for situations where applications and results for land registration procedures, other immovable properties attached to land, issuance, reissuing, or exchanging certificates are handled at locations outside the land registration office or branch thereof based on the needs of land users and owners of immovable properties attached to land.

4. The High-Tech Zone Management Board, Economic Zone Management Board, and Civil Aviation Port Authority shall be responsible for receiving applications and issuing results for administrative procedures related to land in high-tech zones, economic zones, civil aviation ports, and airports.

5. The issuance of results for administrative procedures shall be carried out as follows:

a) Results of administrative procedures must be delivered to land users and owners of immovable properties attached to land within no more than three days from the date of completion of the procedure, except in the case provided for in Point b of this Clause;

b) In cases where financial obligations related to administrative procedures need to be fulfilled, the issuance of certificates of land use rights, ownership of houses, and other immovable properties attached to land shall be conducted after the land user or owner of immovable properties has submitted proof of completion of financial obligations according to regulations; in cases of annual land lease payments, the results will be issued after the land user signs the land lease contract; in cases where financial obligations related to administrative procedures are exempted, the results will be issued upon receipt of a document from the competent authority confirming the exemption of financial obligations;

c) In cases where the application does not meet the conditions for processing, the agency receiving the application shall be responsible for returning the application and clearly informing the reasons why it does not meet the conditions for processing.

6. Based on specific conditions regarding technical infrastructure for land information technology and land databases under management, the agencies responsible for accepting applications and issuing results for land-related administrative procedures as stipulated in this Article shall organize the acceptance of applications and issuance of results for administrative procedures electronically according to the Government’s regulations.”

20. Amend and supplement Point b of Clause 1 of Article 68 as follows:

“b) Within no more than fifteen days from the date of receiving complete valid applications, the natural resources and environment authority shall send a review letter to the investor to prepare the application for land allocation, land leasing, and change of land use purpose.

The time limit set forth in this point does not include the time required for procedures to approve the change of land use purpose from rice cultivation land, protective forest land, special-use forest land to implement investment projects as stipulated in Clause 2 of this Article;"

21. Amend and supplement Point d of Clause 5 of Article 68 as follows:

"d) After the successful bidder has completed their financial obligations, the natural resources and environment authority shall submit the application for issuance of certificates and signing of land lease contracts to the competent authority for the case of land leasing; organize the handover of land on-site and delivery of certificates; direct the updating and correction of land database and cadastral records.

If the successful bidder fails to pay or does not fully pay the bid price according to the auction plan, the competent People's Committee at the appropriate level shall cancel the decision recognizing the auction result according to the provisions of the law."

22. Amend and supplement Article 72 as follows:

"Article 72. Procedures and requirements for registering and issuing certificates of land use rights, ownership of houses, and other immovable properties attached to land for persons receiving transferred land use rights, purchasing houses, and construction works in housing development projects

1. After completing the construction project, the developer of the housing development project shall be responsible for submitting the following documents to the Department of Natural Resources and Environment:

a) Certificate of land use right or decision on land allocation or land leasing issued by the competent authority; proof of fulfillment of financial obligations by the project developer, if there is a change in financial obligations, then proof of completion of financial obligations for that change must be submitted (except in cases of exemption or delayed payment according to the law);

b) Diagrams of houses and land constructed, which are either final floor plans or design floor plans with dimensions of each apartment sold consistent with the actual construction and signed contracts; Construction permit (if applicable); Notification from the specialized agency about construction allowing the developer to inspect the project or approving the completion inspection report for the project put into use according to construction laws; list of apartments and construction works (including apartment number, land area, construction area, and common and individual usage areas for each apartment; for apartment buildings, the diagram must show the scope (dimensions, area) of common land used by apartment owners, building floor plans, and floor plans of each floor and each apartment;

c) Report on the implementation of the project.

2. Within thirty days from the date of receiving valid documents, the Department of Natural Resources and Environment shall be responsible for inspecting the current land use status, housing, and constructed works, and the conditions for transferring land use rights, selling houses, and constructing buildings by the project investors.

After completing the inspection, the Department of Natural Resources and Environment shall notify the project investor about the inspection results; send the notification along with the plan of inspected houses and lands to the Land Registration Office to process registration for the buyer in cases meeting the legal requirements; publicly announce the inspection results on the electronic information website of the provincial People's Committee and the Department of Natural Resources and Environment where the land is located.

3. The project investor is responsible for submitting one set of registration documents to issue the Certificate of Land Use Right, House Ownership, and Other Property Rights Attached to the Land on behalf of the transferee of land use rights, house purchaser, or construction work buyer, or provide the documents to the buyer for self-registration. The documents include:

a) Application for land registration, property attached to land, issuance of the Certificate of Land Use Right, House Ownership, and Other Property Rights Attached to the Land;

b) Contract on transfer of land use rights, sale of houses, and construction works as prescribed by law;

c) Handover record of houses, lands, and construction works.

4. The Land Registration Office shall be responsible for performing the following tasks:

a) Checking legal documents in the file; confirming whether the conditions for issuing the Certificate of Land Use Right, House Ownership, and Other Property Rights Attached to the Land are met or not;

b) Sending cadastral data to the tax authority to determine financial obligations (if any);

c) Updating information into the cadastral file and land database (if any);

d) Preparing files to submit to the competent authority for issuing the Certificate of Land Use Right, House Ownership, and Other Property Rights Attached to the Land as stipulated in Article 37 of this Decree;

đ) Requesting the project investor to submit the issued Certificate of Land Use Right, House Ownership, and Other Property Rights Attached to the Land for updating into the cadastral file and land database;

e) Delivering the Certificate of Land Use Right, House Ownership, and Other Property Rights Attached to the Land to the applicant.

5. The Land Registration Office shall accept files, process registration procedures, and issue Certificates for the transferee of land use rights, house purchasers, and construction work buyers in housing development projects if they have submitted complete files as prescribed in Clause 3 of this Article.

23. Supplement Article 75a as follows:

"Article 75a. Conditions for dividing land plots, merging land plots, and minimum area for dividing land plots

The provincial People's Committee shall base on land planning, land use plans, detailed urban planning, and specific conditions at the locality to specify the conditions for dividing land plots, merging land plots, and the minimum area for dividing land plots for each type of land."

24. Amend and supplement Point c Clause 1 Article 76 as follows:

"c) Due to re-measurement to determine the area and dimensions of the land plot;"

25. Amend and supplement Clause 5 and Clause 6 Article 78 as follows:

"5. Households and individuals using land shall submit application documents for the Certificate of Land Use Right.

6. The Land Registration Office shall be responsible for performing the following tasks:

a) Checking the documents and confirming the changed contents in the application for the Certificate of Land Use Right;

b) Preparing files for the Department of Natural Resources and Environment to submit to the People's Committee of the district for issuing the Certificate of Land Use Right to those who have completed the "land consolidation and adjustment" according to the approved plan;

c) Establishing or updating, adjusting the cadastral file and land database; organizing the delivery of the Certificate of Land Use Right, House Ownership, and Other Property Rights Attached to the Land to the land user at the commune, ward, town where the land is located.

In case the land user is mortgaging the land use right and property attached to the land at a credit institution, the land user shall submit a copy of the mortgage contract instead of the issued Certificate of Land Use Right to process the new certificate. The Land Registration Office shall be responsible for notifying the list of cases applying for the Certificate of Land Use Right to the credit institution accepting the mortgage; confirming the mortgage registration on the Certificate of Land Use Right after it has been signed and issued by the competent authority. The delivery of the Certificate of Land Use Right shall be conducted simultaneously among three parties including the Land Registration Office, the land user, and the credit institution; the land user signs and receives the new Certificate of Land Use Right from the Land Registration Office to deliver to the credit institution currently holding the mortgage; the credit institution is responsible for delivering the old Certificate of Land Use Right being mortgaged to the Land Registration Office for management."

26. Amend and supplement Clause 4 and Clause 5 Article 87 as follows:

"4. The recovery of the issued Certificate of Land Use Right that does not comply with the provisions of the Law on Land at Point d Clause 2 Article 106 of the Law on Land shall be carried out as follows:

a) In case the People's Court with jurisdiction over land disputes issues a judgment or decision with legal effect, which includes a conclusion on the recovery of the issued Certificate of Land Use Right, the recovery of the Certificate of Land Use Right shall be carried out according to that judgment or decision;

b) In case the inspection agency issues a conclusion that the issued Certificate of Land Use Right does not comply with the provisions of the Law on Land, the competent state agency shall be responsible for reviewing, if the conclusion is correct, then deciding to recover the issued Certificate of Land Use Right; in case the review determines that the issued Certificate of Land Use Right complies with the provisions of the Law on Land, it must be reported back to the inspection agency."

c) In case the competent state agency issuing the Land Use Right Certificate, House Ownership Certificate, and Certificates for Other Assets Attached to the Land as stipulated in Article 105 of the Land Law and Clause 37 of this Decree discovers that the issued Certificate does not comply with the provisions of the land laws, it shall re-examine, notify the land user of the reasons, and decide to revoke the incorrectly issued Certificate.

d) In case the land user or owner of assets attached to the land discovers that the issued Certificate does not comply with the provisions of the land laws, they shall submit a written petition to the competent state agency issuing the Land Use Right Certificate, House Ownership Certificate, and Certificates for Other Assets Attached to the Land. The competent state agency issuing the Land Use Right Certificate, House Ownership Certificate, and Certificates for Other Assets Attached to the Land shall be responsible for examining, considering, and deciding to revoke the incorrectly issued Certificate according to the land laws.

đ) The authority revoking the Certificate as specified in points a, b, c, and d of this clause is the authority issuing the Certificate at the time of revocation.

e) The Land Registration Office shall carry out the revocation and manage the revoked Certificate according to the decision to revoke the Certificate made by the competent state agency.

g) In case the land user or owner of assets attached to the land disagrees with the resolution of the competent state agency as specified in points b, c, and d of this clause, they have the right to appeal according to the law on appeals.

5. The State will not revoke the Certificate issued illegally as provided in point d, Clause 2, Article 106 of the Land Law if the certificate holder has completed the procedures for transferring, selling, inheriting, donating, or contributing land use rights and ownership of assets attached to the land, and such procedures have been resolved according to the law.

Handling damages caused by the illegal issuance of the Certificate shall be carried out according to the decision or judgment of the People's Court. The person who violates the law leading to the illegal issuance of the Certificate shall be dealt with according to Articles 206 and 207 of the Land Law.”

27. Amend and supplement point b, Clause 1, Article 88 as follows:

“b) Establish a Dispute Resolution Council to mediate disputes. The Council consists of: the Chairman or Vice-Chairman of the People's Committee as the Chairman of the Council; representatives from the Vietnam Fatherland Front at the commune, ward, town level; the head of the residential group in urban areas; the village head or team leader in rural areas; persons of prestige within the family lineage, place of residence, or workplace; persons with legal knowledge and social awareness; village elders, religious dignitaries, or persons familiar with the case; representatives of households living long-term in the commune, ward, town who are knowledgeable about the origin and usage history of the plot of land; cadres in charge of land administration and judicial affairs at the commune, ward, town level. Depending on specific cases, representatives from the Farmers' Association, Women's Union, Veterans' Association, and Ho Chi Minh Communist Youth Union may also be invited;”

28. Supplement Clause 5, Article 88 as follows:

“5. The Ministry of Finance shall specify the details of financial support for resolving land disputes as provided in this Article.”

29. Supplement Section 5, Chapter VII as follows:

“Section 5

PROCEDURES AND REQUIREMENTS FOR RECLAIMING LAND, ALLOCATING LAND, LEASING LAND, AND EXTENDING THE USE OF LAND AT AIRPORTS AND CIVIL AIRPORTS

Article 91a. Procedure for reclaiming land due to termination of land use according to the law or voluntary return of land at civil airports and airfields

1. The Civil Aviation Authority shall carry out the procedure for reclaiming land due to termination of land use according to the law or voluntary return of land in the following cases:

a) Receiving a document returning the land from organizations or individuals to whom the Civil Aviation Authority has granted land without payment of land use fees or leased land, now moving to another location, reducing or no longer having a need to use the land;

b) Receiving a decision on dissolution or bankruptcy from the competent authority concerning organizations to which the Civil Aviation Authority has granted land without payment of land use fees or leased land;

c) Receiving a death certificate or a decision declaring a person dead according to the provisions of the law and a confirmation document from the competent authority that there is no heir concerning individuals to whom the Civil Aviation Authority has leased land.

2. Within no more than five days from the date of receiving the documents specified in Clause 1 of this Article, the Civil Aviation Authority shall be responsible for reviewing and verifying on-site; issuing a decision to reclaim land according to Model No. 07 prescribed in the Appendix issued together with this Decree.

3. Within no more than five days from the date of the decision to reclaim land, the Civil Aviation Authority shall be responsible for sending the decision to reclaim land, extracts or measurements of the cadastral map of the reclaimed land area to the Land Registration Office to update and amend the cadastral records, land database.

Article 91b. Procedure for reclaiming land due to violation of the law at civil airports and airfields

1. In cases where land must be reclaimed due to violation of the law, when the administrative penalty statute of limitations expires according to the law on handling administrative violations, the authorized penalty authority shall be responsible for establishing an administrative violation record as the basis for the decision to reclaim land.

In cases of land law violations not subject to administrative penalties under the law on administrative penalties in the field of land, the inspection and supervision authority shall establish a violation record to determine the violation act as the basis for the decision to reclaim land.

2. Within no more than seven days from the date of establishing the violation record, the inspection and supervision authority shall be responsible for sending the violation record to the Civil Aviation Authority.

3. Within no more than five days from the date of receipt of the violation record, the Civil Aviation Authority shall be responsible for reviewing, verifying on-site, and issuing a decision to reclaim land according to Model No. 08 prescribed in the Appendix issued together with this Decree.

4. Within no more than five days from the date of the decision to reclaim land, the Civil Aviation Authority shall be responsible for sending the decision to reclaim land, extracts or measurements of the cadastral map of the reclaimed land area to the Land Registration Office to update and amend the cadastral records, land database.

Article 91c. Procedure for granting and leasing land at civil airports and airfields

1. Basis for the Civil Aviation Authority to grant and lease land:

a) Certificate issued by the Provincial People's Committee to the Civil Aviation Authority;

b) Classification and form of land grant and lease according to the provisions of Clause 1 and Clause 3 of Article 156 of the Land Law;

c) Airport planning approved by the competent authority;

d) Project investor of the airport or construction project at the airport determined according to the law;

đ) Land use needs and land use period reflected in the approved investment project, application for land grant or lease;

e) Application documents for land grant or lease according to regulations.

2. Organizations or individuals requiring land use shall submit one set of application documents for land grant or lease directly or through the postal system or other means to the Civil Aviation Authority. The application documents for land grant or lease include:

a) Application for land grant or lease according to Model No. 02 prescribed in the Appendix issued together with this Decree;

b) Investment project description;

c) Extracts or measurements of the cadastral map of the plot of land confirmed by the competent authority according to regulations;

d) Photocopies from the original book or photocopies presented with the original for comparison or certified photocopies (in case of direct submission or submission via postal service) of the approval document for the investment proposal or investment registration certificate (if any) or investment approval document or project approval document or bidding result confirmation document of the competent authority according to the law.

3. Within no more than ten days from the date of receipt of valid documents, the Civil Aviation Authority shall notify in writing the reasons for refusing land grant or lease to the requesting organization or issue a decision to grant land according to Model No. 03 prescribed in the Appendix issued together with this Decree; organize the handover of land on-site and prepare a handover record according to Model No. 06 prescribed in the Appendix issued together with this Decree.

For lease cases, within no more than ten days from the date of receipt of complete documents as prescribed, the Civil Aviation Authority shall issue a decision to lease land according to Model No. 04 prescribed in the Appendix issued together with this Decree. Within thirty days from the date of receipt of the request document from the Civil Aviation Authority accompanied by the lease land decision and the lease land application documents stipulated in Clause 2 of this Article, the authorized person shall be responsible for issuing the lease price. The lessee pays the land lease fee according to the notification of the tax authority.

Within three days from the date of receipt of the lease price, the Civil Aviation Authority shall sign the land lease contract according to Model No. 05, proceed with the handover of land on-site, and prepare a handover record according to Model No. 06 prescribed in the Appendix issued together with this Decree.

4. Within no more than three days from the date of on-site handover of land, the Civil Aviation Authority shall be responsible for sending the decision to grant or lease land, extracts or measurements of the cadastral map of the plot of land to the local Land Registration Office to update and amend the cadastral records, land database.

5. For existing facilities currently in operation and stable usage but lacking any of the documents specified in Points b, c, and d of Clause 2 of this Article, the owner of the facility shall be responsible for working with the Civil Aviation Port Authority to organize confirmation of the current land use status and conduct cadastral surveying of the current land use status to complete the application dossier for land allocation and land lease, and they will not need to submit the documents specified in Points b, c, and d of Clause 2 of this Article.

Article 91d. Extension of Land Lease at Civil Airports

1. The extension of the land lease period shall be based on the approved civil airport master plan and the land use needs of organizations and individuals using the land.

2. At least six months before the end of the minimum lease term, organizations and individuals using the land shall submit one set of the application dossier for extending the land lease period directly or through the postal service or other appropriate means to the Civil Aviation Port Authority. The dossier includes:

a) Application for extension of the land lease period;

b) A copy from the original record or a certified copy presented with the original for verification or a notarized copy (in case of direct submission or submission via postal service) of the decision on land lease, land lease contract; proof of completion of financial obligations regarding land according to the latest legal provisions;

c) Document from the competent authority adjusting the project investment contract under the PPP form (if applicable);

d) Document from the competent authority extending the project investment term (if applicable).

3. Within no more than seven days from the date of receiving the complete dossier as prescribed, the Civil Aviation Port Authority shall decide on the extension of the land lease according to Model No. 07 stipulated in the Appendix issued together with this Decree. Within thirty days from the date of receiving the request document from the Civil Aviation Port Authority along with the decision on the extension of the land lease and the application dossier for extending the lease period as prescribed in Clause 2 of this Article, the authorized person according to regulations shall issue the land rent price. The lessee shall pay the land rent according to the notification of the tax authority.

4. Within three working days from the date of receipt of the land rent price, the Civil Aviation Port Authority shall sign the land lease contract according to Model No. 05 stipulated in the Appendix issued together with this Decree.

Article 2. Amend and supplement some articles of Decree No.

1. Amend and supplement Clauses 3, 4, 5, 6, and 7 of Article 19 as follows:

“3. Support for stabilizing the living conditions for the subjects specified in Points a, b, c, d, đ, and e of Clause 1 of this Article (supplemented by Clause 5 of Article 4 of Decree No. 01/2017/ND-CP dated January 6, 2017) shall be implemented as follows:

a) If 30% to 70% of the area of agricultural land currently being used is reclaimed, then support will be provided for a period of six months if there is no relocation and twelve months if relocation is required; in cases where relocation is to areas with difficult economic and social conditions or extremely difficult economic and social conditions, the maximum support period is twenty-four months.

In cases where more than 70% of the area of agricultural land currently being used is reclaimed, support will be provided for a period of twelve months if there is no relocation and twenty-four months if relocation is required; in cases where relocation is to areas with difficult economic and social conditions or extremely difficult economic and social conditions, the maximum support period is thirty-six months;

b) The area of land reclaimed as specified in Point a of this clause shall be determined according to each land reclaim decision of the People's Committee with competent authority;

c) The level of support for one individual as specified in Points a and b of this clause shall be calculated in money equivalent to thirty kilograms of rice per month according to the average market price at the time of support in the locality.

4. Support for stabilizing production shall be implemented as follows:

a) Households and individuals who are compensated with agricultural land shall be supported to stabilize production, including: provision of crop seeds, livestock breeds for agricultural production, agricultural advisory services, forestry advisory services, plant protection services, veterinary services, cultivation techniques, animal husbandry techniques, and technical services for production and business services;

b) Organizations, households, and individuals engaged in production and business, foreign-invested enterprises belonging to the subjects specified in Point g of Clause 1 of this Article shall be supported to stabilize production in the form of money, with the highest amount equal to thirty percent of one year's post-tax income, based on the average income of the three consecutive years prior to that.

Post-tax income shall be determined according to the laws on personal income tax and corporate income tax.

5. For households and individuals currently using land allocated for agricultural, forestry, aquaculture, and salt-making purposes, belonging to the subjects specified in Points d, đ, and e of Clause 1 of this Article, they shall be supported to stabilize their living conditions and production in the form of money.

6. Workers hired by organizations, households, and individuals engaged in production and business, foreign-invested enterprises belonging to the subjects specified in Point g of Clause 1 of this Article shall be entitled to apply for unemployment benefits according to the labor laws, but the benefit period shall not exceed six months.

7. The Provincial People's Committee shall decide on the level of support, the support period, and the payment schedule for support in accordance with local realities.”

2. Supplement Article 19a as follows:

"Article 19a. Support for leasing land to continue production and business operations in cases where the State reclaims land for national defense, security purposes; economic and social development for national interests, public interest, and the user does not receive compensation for the land

1. When the State reclaims non-agricultural production facilities of users who have been leased land with annual land rent payments, the land users shall be considered for support to lease land to continue production and business operations.

2. Forms of support:

a) Support to lease land again in industrial parks, export processing zones, clusters of small and medium-sized enterprises, craft villages within the province or centrally governed city."

b) The competent People's Committee shall examine and lease land on an annual payment basis without going through a public auction for the right to use land in cases where localities have conditions regarding land funds that have been cleared.

3. Conditions for support in leasing land to continue production and business operations

a) Individuals who have had their land reclaimed and wish to continue leasing land for production and business purposes;

b) The remaining period of land use, calculated from the time of the decision to reclaim land by the competent state agency, must be at least one-third of the lease term specified in the land lease contract;

c) The reclamation of such land affects the livelihoods and employment of many direct producers in non-agricultural production establishments;

d) At the time of notification of land reclamation by the competent state agency, the production establishment of the land user, which was leased by the State, is operating stably;

d) The land lessee meets the conditions stipulated in Clause 3 of Article 58 of the Land Law.

4. Procedures for transferring land and leasing land shall be carried out in accordance with the provisions of Clause 3 of Article 68 of Decree No. 43/2014/NĐ-CP.

5. The land price for calculating the annual rent is the specific land price as prescribed in Point c Clause 4 of Article 114 of the Land Law.

6. Annually, the provincial People's Committee shall compile a list of projects that the State leases land on an annual payment basis without going through a public auction for the right to use land as prescribed in this Article and submit it to the Prime Minister for consideration and approval within the scope of authority.

Article 3. Amending and supplementing Decree No.

1. Amending and supplementing Clause 14 of Article 2 (supplementing Clause 3 of Article 15b) as follows:

“3. In the cases provided for in Clauses 1 and 2 of this Article, if the land user does not have the right to transfer the right to use land and does not have immovable property attached to the land, then the State shall reclaim the land.”

2. Amending and supplementing Clause 36 of Article 2 (supplementing Clause 10 of Article 51 of Decree No. 43/2014/NĐ-CP) as follows:

“10. Publicly funded organizations with financial autonomy, authorized by competent authorities to act as project investors for the construction and operation of technical infrastructure in industrial zones, export processing zones, and clusters in areas with difficult socio-economic conditions as prescribed by investment laws, may be leased land to implement projects, and may sublease land after investing in infrastructure, subject to compliance with the provisions of this Article.”

3. Amending and supplementing Clause 49 of Article 2 as follows:

“49. Amending and supplementing Point a of Clause 3 of Article 75 as follows:

a) Conducting cadastral survey to divide plots of land and preparing new plot records based on the results of the cadastral survey to transfer to the land users for signing contracts or transaction documents concerning the use of part of the newly divided plot;”

Article 4. Transitional Provisions

1. For cases using land for production and business purposes as stipulated in Article 16 of Decree No. 43/2014/NĐ-CP, where the area of land managed by the State for allocation, agricultural land used for public welfare purposes, and can be separated into independent projects but the State has already decided to reclaim and allocate land or lease land to investors before the effective date of this Decree, the investor may continue to use the land until the end of the allocated or leased period. For cases where there is a decision to reclaim land but no decision to allocate or lease land, the provisions of this Decree shall apply.

For cases where the provincial People's Committee approved the transfer, capital contribution, or lease of agricultural land rights for non-agricultural investment projects before the effective date of this Decree, but the approval document exceeded 36 months from the date of signature and the investor has not yet implemented agreements with land users and the land use for the project is consistent with the approved land use plan, the investor must reapply for approval according to the provisions of this Decree.

2. If the competent state agency issues a Certificate of Land Use Right, House Ownership, and Other Immovable Property Rights and discovers that the issued certificate does not comply with the law, and has notified the land user of the reasons for revoking the certificate before the effective date of this Decree but has not yet issued a decision to revoke the certificate, the certificate shall be revoked according to the provisions of this Decree.

3. Publicly funded organizations with financial autonomy that were leased land by the State to invest in constructing technical infrastructure in industrial zones, export processing zones, and clusters before the effective date of this Decree may continue to use the land for the remaining period and may sublease land after investing in infrastructure according to the regulations.

4. For housing development projects for sale or sale combined with lease in central urban districts that have been permitted by the provincial People's Committee under the law to transfer land use rights through subdivision and sale of plots before the effective date of this Decree, they may continue to implement.

5. For cases where the competent authority has allocated or leased land without going through a public auction for the right to use land for those exempted from land use fees as stipulated in Point b Clause 2 of Article 118 of the Land Law before the effective date of this Decree, they may continue to use the land.

Article 5. Implementation Provisions

1. This Decree takes effect from February 8, 2021.

2. This Decree abolishes Clause 4 of Article 41 of Decree No. 43/2014/NĐ-CP; Clauses 8, 10, 15, 31, 46, and 56 of Article 2 of Decree No. 01/2017/NĐ-CP.

3. Remove the phrase "consolidation and land exchange" in Clause 4 of Article 76 of Decree No. 43/2014/NĐ-CP.

Article 6. Responsibilities for Implementation

1. Ministries and provincial People's Committees are responsible for guiding the implementation of the provisions assigned in this Decree and reviewing issued documents to amend, supplement, or replace them in accordance with the provisions of this Decree.

2. The Ministers, Heads of ministerial-level agencies, Heads of government agencies, Chairpersons of People's Committees at all levels, and other related organizations and individuals are responsible for implementing this Decree./

ANNEX

(Attached to Decree No. 148/2020/NĐ-CP dated December 18, 2020 of the Government)

Form No. 01

Respectfully submitted to: People's Committee ² …………………………

1. Organization proposing to implement the project ³ ……………………………………………………………..

2. Legal representative ⁴ ………………………………………………………………………..

3. Address/main office: …

4. Contact address: …

5. Location of the land proposed for approval to acquire transfer, contribution, or lease of agricultural land use rights to implement non-agricultural investment projects ⁵: ……………………………

6. Area (m²): Total area⁶: …, including:

- Agricultural land area of organizations, households, and individuals with the right to transfer, lease, or contribute capital according to the law …

- Agricultural land area of organizations, households, and individuals without the right to transfer, lease, or contribute capital according to the law (if any): …

- Agricultural land area currently managed by organizations and state agencies according to the law (if any) …

7. Purpose of land use after acquiring transfer, contribution, or lease of agricultural land use rights (Purpose of land use according to land classification): …

8. Duration of land use after acquiring transfer, contribution, or lease of agricultural land use rights: …

9. Information about the feasibility of implementing the project after acquiring transfer, contribution, or lease of agricultural land use rights:

a) Financial capacity information of the organization: estimated total investment amount …, owned capital …, raised capital … from organizations and individuals …, capital from the state budget ……. (if any) …

b) Information about the investment project of the organization currently using land allocated or leased by the State: name, scale, location, progress, whether there has been any violation of land laws during the period of land use that has been resolved

c) Information about the ability to successfully negotiate with agricultural land users to acquire transfer, contribution, or lease of agricultural land use rights to implement the project …

d) Information about registration of land demand to implement the project when competent authorities establish or adjust land use plans and plans (if any)…

10. Commitments:

a) Not to implement the project if the organization … cannot agree with agricultural land users to acquire transfer, contribution, or lease of agricultural land use rights to implement the project: …

b) To use the land for its intended purpose, comply with all provisions of the land law, pay land use fees/land lease fees (if applicable) fully and on time: …

c) Other commitments (if any)

__________________________

¹ Write clearly the name of the economic organization according to legal documents at establishment, registration...

² Write clearly the name of the provincial People's Committee where the land is located.

³ Write clearly the name and information according to documents on establishment/business registration/investment certificate…

⁴ Write clearly the name, personal information of the legal representative of the economic organization (ID number, date/month/year, issuing authority of ID card or passport...).

⁵ Write: (1) name of the administrative unit at commune/district/provincial level; (2) write village/hamlet/ward/ethnic village/settlement name (if any); (3) land plot information according to the cadastral file (if any).

⁶ Write: (1) total area of the land plot taken from which source (such as land use rights certificates of land users, cadastral files, annual land use plans at district level, measurements by relevant individuals or organizations); (2) area of each type of agricultural land (annual crop land, perennial crop land, aquaculture land, production forest land, protective forest land...) if available.

Form No. 02

SOCIALIST REPUBLIC OF VIET NAM
Independence - Freedom - Happiness
---------------

..., day ... month ... year ...

APPLICATION¹....

Respectfully submitted to: Civil Aviation Regional Office ² ………………….

1. Organization or individual applying for land allocation/leasing ³ ………………………………………………………..

2. Address/main office: …

3. Contact address: …

4. Location of the land plot: …

5. Area (m²): …………………………………………………………………………………………

6. For the purpose of:⁴ …………………………………………………………………………

7. Duration of use: …

8. Commitment to use the land for its intended purpose, comply with all provisions of the land law, pay land use fees/land lease fees (if applicable) fully and on time;

Other commitments (if any) …

9. Attached documents:⁵ …………………………………………………………………………………

____________________________

¹ Write clearly the application for land allocation or leasing.

² Write clearly the name of the Civil Aviation Regional Office authorized to allocate or lease land.

³ Write clearly the name and personal information of the organization or individual applying for land allocation or leasing, along with personal information for individuals (ID number, date/month/year, issuing authority of ID card, citizen identification card or passport...); organizational information for organizations (decision on establishment of agency/organization, investment certificate for enterprises/economic organizations...).

⁴ Write clearly the purpose of land use according to the approval document of the competent state authority such as investment intention document, decision approving the investment project, investment registration certificate... issued by the competent authority.

⁵ Write clearly the list of attached documents as required by this Decree.

Model No. 03

Pursuant to …;

Regarding …

CIVIL AVIATION REGIONAL OFFICE …

The Government issues this Decree on management and development of industrial clusters.

Pursuant to the Civil Aviation Law of Vietnam dated June 29, 2006;

Based on the Law Amending and Supplementing Certain Provisions of the Civil Aviation Law of Vietnam dated November 21, 2014;

Pursuant to Decree No. 43/2014/NĐ-CP dated May 15, 2014 of the Government detailing implementation of certain provisions of the Land Law;

Pursuant to Decree No. ……/NĐ-CP dated … month … year … of the Government on management and operation of civil aviation airports;

Considering the proposal of the Department …

DECISION:

Article 1. Allocate to ... (write the name and address of the organization or individual receiving the land) ... m² land at Civil Aviation Airport, Airfield …, commune/district/town …, district/county/municipality/city under province ..., province/city directly under the central government ... for the purpose of…

Duration of land use: Long-term.

The location and boundaries of the land plot are determined according to the cadastral map extract (or cadastral survey map extract) at scale ... prepared on ... month ... year ... and have been reviewed by ….

Form of land allocation: Without payment of land use fee.

Restrictions on the rights of the land user: Not allowed to convert, transfer, gift, lease, mortgage, or contribute land use rights as capital.

Article 2. Assign …organization to carry out the following tasks:

1. Specify the boundary markers and hand over the land to organizations and individuals who have been allocated land on-site.

2. Adjust the cadastral map of the airport and make amendments and supplements to the land management files at the airport.

Article 3. This Decision takes effect from the date of signature.

The Directors of the relevant departments and organizations and individuals named in Article 1 shall be responsible for implementing this Decision.

Form number 04

Pursuant to …;

Regarding …

DIRECTOR OF THE AIRPORT AUTHORITY OF THE … REGION

The Government issues this Decree on management and development of industrial clusters.

Pursuant to the Civil Aviation Law of Vietnam dated June 29, 2006;

Based on the Law Amending and Supplementing Certain Provisions of the Civil Aviation Law of Vietnam dated November 21, 2014;

Pursuant to Decree No. 43/2014/NĐ-CP dated May 15, 2014 of the Government detailing implementation of certain provisions of the Land Law;

Pursuant to Decree No. …/ND-CP dated … month … year … of the Government on the management and operation of airports;

Considering the request of (name of organization or individual requesting extension of lease) …

Considering the proposal of the Department …

DECISION:

Article 1. Grant … (name and address of the organization or individual leasing the land) the lease of …m² of land at the airport ..., commune/district/city/town ..., district/province/city directly under the central government ..., for the purpose of …

The term of the land lease is …, from … month … year … to … month … year …

The location and boundaries of the leased land are determined according to the extract of the cadastral map (or land survey extract) No. …, scale … prepared on … month … year … and has been reviewed by …

Form of land lease: Annual payment of rent.

Rent price for land: Determined by the competent authority in accordance with current laws.

Restrictions on rights of organizations and individuals using the land: Not allowed to transfer, assign, gift, sublet, mortgage, or contribute land use rights as capital.

Article 2. Assign …the responsibility to organize the implementation of the following tasks:

1. Specify the boundary markers and hand over the land on-site.

2. Notify the organization or individual leasing the land about cooperation with the competent authority to determine the rental price according to current laws and sign the land lease contract after determining the rental price.

3. Adjust the cadastral map of the airport and make amendments and supplements to the land management files at the airport.

Article 3. This Decision takes effect from the date of signature.

The Directors of the relevant departments and organizations and individuals named in Article 1 shall be responsible for implementing this Decision.

Form number 05

SOCIALIST REPUBLIC OF VIET NAM
Independence - Freedom - Happiness
---------------

..., day ... month ... year ...

LAND LEASE CONTRACT

The Government issues this Decree on management and development of industrial clusters.

Pursuant to the Civil Aviation Law of Vietnam dated June 29, 2006;

Based on the Law Amending and Supplementing Certain Provisions of the Civil Aviation Law of Vietnam dated November 21, 2014;

Pursuant to Decree No. 43/2014/NĐ-CP dated May 15, 2014 of the Government detailing implementation of certain provisions of the Land Law;

Pursuant to Decree No. …/ND-CP dated … month … year … of the Government on the management and operation of airports;

Pursuant to Decision No. …dated …month …year…of the Airport Authority of the … Region on granting land lease;

Pursuant to document No. …dated …month …year…issued by …(clearly state the issuing agency of the unit price for land lease) regarding the determination of the unit price for land lease;

Pursuant to the field land handover record …;

Today, on … month … year … at …, we include:

I. Land Lessor:

……………………………………………………………………………………………………..

II. Land Lessee is:

……………………………………………………………………………………………………..

(For individuals, clearly state the name of the individual, registered domicile address, ID number, bank account if any; for organizations, clearly state the name of the organization, headquarters address, full name and position of the representative, bank account…).June 2024; for individuals, record the individual's name, address of permanent household registration, citizen identification number, and bank account (if any); for organizations, record the organization's name,, amended and supplemented by Decree No. 109/2025/NĐ-CP and Decree No. 193/2025/NĐ-CP organization's name,, amended and supplemented by Decree No. 109/2025/NĐ-CP and Decree No. 193/2025/NĐ-CP organization's headquarters address,"b) In addition to the lists of public services issued according to the provisions of Clause 2, Article 4 of this Decree, specialized agencies under provincial People's Committees shall report to the provincial People's Committee for decision-making on amending, supplementing, or issuing the list of public services funded by the state budget within their jurisdiction and consistent with the local budget capacity within the approved budget by the Provincial People's Assembly, and send it to the Ministry of Finance and relevant ministries and sectors for supervision during implementation."headquarters address, the full name and position of the representative,No. and bank account...).

III. Both Parties agree to enter into a land lease contract with the following terms and clauses:

Article 1. The Land Lessor leases the land to the Land Lessee as follows:

1. Area of land …m² (clearly state in figures and in words, unit is square meters)

At … (clearly state the name of the airport, commune/district/city/town; district/province/city directly under the central government where the leased land is located).

2. The location and boundaries of the leased land are determined according to the extract of the cadastral map (or land survey extract) No. …, scale …prepared on … month … year … and has been reviewed by …

3. Term of land lease … (clearly state the number of years or months of lease in figures and in words consistent with the lease term)from … month … year … to … month … year …

4. Purpose of land use: …

Article 2. The Land Lessee is responsible for paying the land rent according to the following provisions:

1. The land price for calculating rent is … dong/m²/year, (clearly state in figures and in words).

2. Rent is calculated from … month … year …

3. Method of paying rent: …

4. Place of paying rent: …

5. The lease of land does not affect the rights of the State as the owner of the land and all resources beneath it.

Article 3. The use of land on the leased area must comply with the purpose of land use stated in Clause 1 of this Contract.

Article 4. Rights and obligations of the parties

1. The Land Lessor ensures the use of land by the Land Lessee during the contract period, except in cases where the Land Lessee's land is reclaimed according to the Land Law and this Decree.

2. During the contract period, the Land Lessee has the rights and obligations stipulated by the laws on land.

In case the Land Lessee changes due to division, merger, business conversion, sale of assets attached to the leased land, the organization or individual legally formed after the change of the Land Lessee will continue to enjoy the rights and obligations of the Land Lessee for the remaining time of this Contract if there is a need, but must go through the procedures for requesting land lease again to determine the lessee object according to regulations.

In case the Land Lessee changes due to planning changes of the airport that have been approved by the competent authority, the Land Lessee must return the land to the Airport Authority and cooperate with the Airport Authority and related agencies to implement the plan for clearing the land according to the law.

3. Within the validity period of the contract, if the Land Lessee returns the entire or part of the leased land before the end date, they must notify the Land Lessor at least one month in advance. The termination date of the contract is the date of handover of the site.

4. Other rights and obligations agreed upon by both parties (if any)¹ ……………………………

Article 5. The land lease contract terminates in the following cases:

1. Expiration of the lease term without renewal;

2. By the request of one party or all parties involved in the contract and approved by the competent state authority leasing the land;

3. The Land Lessee goes bankrupt or has its assets auctioned or dissolved;

4. The Land Lessee is reclaimed by the competent state authority according to the laws on land.

Article 6. The resolution of assets attached to the land after the termination of this Contract shall be carried out in accordance with the law.

Article 7. Both Parties commit to comply with the provisions of this Contract, and if either Party fails to comply, they must compensate for the breach of contract according to the law.

Other commitments (if any)² ……………………………………………………………………….

Article 8. This Contract is established in eight (08) copies having equal legal force, each Party retains three (03) copies and sends the remaining copies to the tax authority and the state treasury where the land lease payment is collected.

This Contract shall take effect from the date...

__________________________

¹ Must ensure compliance with the provisions of the Land Law and other relevant laws.

² Must ensure compliance with the provisions of the Land Law and other relevant laws.

Form number 06

SOCIALIST REPUBLIC OF VIET NAM
Independence - Freedom - Happiness
---------------

FIELD DELIVERY RECORD OF THE LAND

Implementing Decision number... dated... month... year... of the Civil Aviation Port Authority of Region... regarding the transfer/leasing of land, today on... month... year..., at..., the parties involved include:

I. The party transferring/leasing the land - Representative of the Civil Aviation Port Authority of Region...:

………………………..………………………..………………………..………………………..

II. The party receiving the land on-site:

………………………..………………………..………………………..………………………..

III. The parties proceed with the delivery of the land as follows:

1. Delivering plot number... sheet number... at... to (name of organization/person using the land) for use for the purpose...

2. Delivering land according to boundary markers, plot boundaries, area...m² on-site determined according to the extract of the cadastral map (or cadastral survey extract) number..., scale... prepared on... month... year... and approved by..., including:...

3. This record was made at... hours... minutes on the same day, read aloud to all attending parties who agreed and signed below.

This record is established in... copies having equal value, sent.../.

Form No. 07

Pursuant to …;

Regarding …

DIRECTOR OF THE CIVIL AVIATION PORT AUTHORITY OF REGION...

The Government issues this Decree on management and development of industrial clusters.

Pursuant to the Civil Aviation Law of Vietnam dated June 29, 2006;

Based on the Law Amending and Supplementing Certain Provisions of the Civil Aviation Law of Vietnam dated November 21, 2014;

Pursuant to Decree No. 43/2014/NĐ-CP dated May 15, 2014 of the Government detailing implementation of certain provisions of the Land Law;

Pursuant to Decree number.../NĐ-CP dated... month... year... of the Government on management and exploitation of civil aviation airports;

Pursuant to Decision number.../QĐ-CVM... dated... month... year... of the Civil Aviation Port Authority of Region... concerning the leasing of land to... (write the name of the organization or individual being leased land);

Considering the proposal of... (write the name of the organization or individual proposing the extension of the land lease);

Considering the proposal of the Department …

DECISION:

Article 1. Grant … (write the name and address of the organization or individual whose lease is extended) continues to lease...m² of land at the airport ..., commune/district/city/town ..., district/province/city directly under the central government ..., for the purpose of …

The lease term is..., from... month... year... to... month... year...

The location and boundaries of the land parcel are determined according to the extract of the cadastral map (or cadastral survey extract) number..., scale... prepared on... month... year... and approved by the Civil Aviation Port Authority of Region... in the Decision on Leasing Land number...

Form of land lease: Annual payment of rent.

Rent price for land: Determined by the competent authority in accordance with current laws.

Restrictions on rights of organizations and individuals using the land: Not allowed to transfer, assign, gift, sublet, mortgage, or contribute land use rights as capital.

Article 2. Assigns... the responsibility to notify the organization or individual whose lease is extended about the need to cooperate with the competent authority to determine the land lease price according to current laws and sign the land lease contract after determining the lease price.

Article 3. This Decision takes effect from the date of signature.

The Heads of Department... and the organizations or individuals named in Article 1 are responsible for implementing this Decision./.

Form No. 08

Pursuant to …;

Regarding the recovery of land¹ ………………

CIVIL AVIATION PORT AUTHORITY OF REGION...

The Government issues this Decree on management and development of industrial clusters.

Pursuant to Decree No. 43/2014/NĐ-CP dated May 15, 2014 of the Government detailing implementation of certain provisions of the Land Law;

Pursuant to Decree number.../NĐ-CP dated... month... year... of the Government on management and exploitation of civil aviation airports;

Considering the proposal of the Department... in the Memorandum number... dated... month... year...

DECISION:

Article 1. Recover...m² of... (write the name of the organization or individual whose land is recovered), belonging to plot number... (part or whole of the plot), located on sheet number... at Civil Aviation Port/Airport..., commune/district/town..., district/city of province..., province/city...

Reason for recovering the land:... ²

Article 2. Assign tasks to agencies and organizations to carry out the recovery of land as follows:

1. Office/Department... is responsible for delivering this decision to the organization or individual...³

2. The Office of the Civil Aviation Port Authority of Region... is responsible for publishing this Decision on the electronic information website of the Civil Aviation Port Authority of Region...

Article 3.

1. This Decision takes effect from... month... year...

2. The organization or individual named in Article 2 above and the Heads of the Office, Department... are responsible for implementing this Decision./.

__________________________

¹ Clearly state the purpose of recovering the land... (according to Articles 64 and 65 of the Land Law).

² Clearly state the reason for recovering the land as (1).

³ In case the organization or individual... does not accept this decision or is absent, a record must be made; the decision must be posted at the office of the Civil Aviation Port Authority of Region...