Law Amending and Supplementing Certain Provisions of the Land Law (Number: 25/2001/QH10) stipulates the framework for land prices, land use planning, authority to allocate and lease land, procedures for converting land use rights, and compensation when the State recovers land. This Law applies to the Government, People's Committees at all levels, economic organizations, households, and individuals using land. Notable points include the determination of the framework for land prices by the Government and the implementation of land allocation and leasing according to specific authorities of each level of government.
Scope of application
The Government, People's Committees at all levels, economic organizations, households, and individuals using land.
Key points
- The Government sets the framework for land prices for each region and period, while the People's Committee of provinces and centrally-administered cities set specific prices based on local conditions (Article 12).
- National land use planning is established by the Government and submitted to the National Assembly for approval; local People's Committees establish plans at their respective levels, and the Ministries of Defense and Public Security establish plans for defense and security purposes (Article 16).
- Authority to allocate and lease land is specifically divided between the Government and People's Committees at various levels (Articles 19, 24, 27, 31, 80).
- The Government prescribes procedures for converting land use rights in rural and urban areas (Article 36).
- The State compensates individuals whose land is recovered for national defense, security projects, or public interest (Article 27).
🌐 Social impact of this document
- Positive impact: Improving the process of allocating and leasing land and procedures for converting land use rights enhances land utilization efficiency. Strengthening compensation when the State recovers land.
- Negative impact: May increase costs for citizens during the implementation of land-related procedures.
❓ Frequently asked questions
How does the Government set the framework for land prices?
The Government sets the framework for land prices for each region, period, and according to principles and methods for determining prices (Article 12).
Who decides on allocating and leasing land for non-agricultural purposes?
The Government decides in specific cases; the People's Committee of provinces and centrally-administered cities decide for economic organizations and households, and individuals in urban areas (Article 24).
What is the authority to allocate and lease land for agricultural purposes?
The People's Committee of provinces and centrally-administered cities decide on allocating and leasing land for economic organizations; the People's Committee of districts, towns, and cities under provinces decide for households and individuals (Article 24).
How does the State compensate when recovering land?
Individuals whose land is recovered are compensated or supported according to Government regulations; if the recovery decision is not implemented, the competent authority may enforce it (Article 27).
How can economic organizations, households, and individuals using land mortgage the value of their land use rights?
According to the Land Law, economic organizations, households, and individuals may mortgage or guarantee the value of their land use rights with credit institutions operating in Vietnam (Article 78g).
Full text
LAW
Amending and supplementing certain Articles of the Land Law
Based on the Constitution of the Socialist Republic of Vietnam in 1992;
This Law amends and supplements certain Articles of the Land Law adopted by the National Assembly of the Socialist Republic of Vietnam on July 14, 1993, which has been amended and supplemented according to the Law amending and supplementing certain Articles of the Land Law adopted by the National Assembly of the Socialist Republic of Vietnam on December 2, 1998.
Article 1. Amending and supplementing certain Articles of the Land Law:
1. Clause 12 shall be amended and supplemented as follows:
"Article 12
1. The Government shall establish a framework for land prices for each region, at different times, and the principles and methods for determining land prices.
2. Based on the Government's regulations on the framework for land prices and the principles and methods for determining land prices, The provincial people's councils and municipal people's councils under the central government shall establish land prices suitable to the actual conditions in their localities for calculating land transfer taxes; collecting fees when allocating land, changing land use purposes, paying rent for land, and stamp duties; and assessing property values when allocating land and compensating when the State recovers land.”
2. Article 16 is amended and supplemented as follows:
“Article 16
1. The Government shall prepare land use planning and plans nationwide to be submitted to the National Assembly for decision.
2. People's Councils at all levels shall prepare land use planning and plans in their respective localities to be submitted to the same-level People's Councils for approval before submitting them to competent state agencies for review.
3. The Ministry of Defense and the Ministry of Public Security shall prepare land use planning and plans based on their tasks and authorities, to be submitted to the Government for review.
4. Central and local land management agencies shall cooperate with relevant agencies to assist the Government and People's Councils at all levels in preparing land use planning and plans.”
3. Article 18 shall be amended and supplemented as follows:
"Article 18
Competent authority to decide and review land use planning and plans:
1. The National Assembly decides on long-term land use planning and five-year land use plans nationwide, consistent with the five-year national plan presented by the Government;
2. The Government reviews land use planning of The provincial people's councils and municipal people's councils under the central government; five-year land use plans and annual adjustment and supplementation plans of The provincial people's councils and municipal people's councils under the central government; land use planning and plans for defense and security purposes;
3. The higher-level people's councils review annual land use planning and plans of The directly subordinate lower-level people's councils;
4. The state agency with the authority to decide and review land use planning and plans has the right to approve adjustments and supplements to those plans.”
4. Article 19 is amended and supplemented as follows:
"Article 19
The bases for deciding to allocate land and lease land:
1. Land use planning and plans that have been reviewed and approved by competent state agencies;
2. Land use requirements recorded in investment projects and designs that have been reviewed and approved or accepted in writing by competent state agencies regarding location and area of land or requests for allocation and leasing of land.”
5. Article 23 shall be amended and supplemented as follows:
"Article 23
Competent authority to allocate land and lease land for non-agricultural, forestry, and salt-making purposes is stipulated as follows:
1. The Government decides to allocate land in the following cases:
a) Allocating land with payment for land use to create capital for infrastructure construction according to a project;
b) Allocating land for use in defense and security purposes.
2. The provincial people's councils and municipal people's councils under the central government decide to allocate land and lease land to the following entities:
a) Organizations using land;
b) Households and individuals using land in urban areas.
3. The district people's councils, town people's councils, and municipal people's councils under provinces decide to allocate land and lease land to households and individuals, except for the cases specified in point b, Clause 2 of this Article.”
6. Article 24 is amended and supplemented as follows:
"Article 24. Competent authority to allocate land and lease land for agricultural, forestry, and salt-making purposes is stipulated as follows:
1. The provincial people's councils and municipal people's councils under the central government decide to allocate land and lease land to economic organizations using land;
2. The district people's councils, town people's councils, and municipal people's councils under provinces decide to allocate land and lease land to households and individuals;
3. The commune people's councils, ward people's councils, and town people's councils lease land belonging to communal public welfare funds.”
7. Supplementing Article 24a as follows:
“Article 24a.
1. The decision to allow persons currently using land to change the purpose of agricultural land, forestry land, salt-making land, residential land, and specialized-use land to another purpose must be based on the land use planning and plans that have been reviewed and approved by competent state agencies.
2. The authority to decide on changing the purpose of agricultural land, forestry land, salt-making land, residential land, and specialized-use land to another purpose is defined as follows:
a) The People's Committee of provinces and centrally governed cities shall decide on the change of land use purpose for economic organizations, households, and individuals using land within urban areas and town centers;
b) The People's Committee of districts, towns, and cities under provinces shall decide on the change of land use purpose for households and individuals, except for cases stipulated in point a of this clause.
8. Supplement Article 24b as follows:
“Article 24b.
1. The decision to allow persons currently using paddy fields to change to aquaculture or long-term crop planting, or persons currently using long-term crop planting land to change to annual crop planting must be based on the land use planning and plans that have been reviewed and approved by competent state agencies.
2. The authority to decide on changing the purpose of land use from paddy fields to aquaculture or long-term crop planting, or from long-term crop planting land to annual crop planting is defined as follows:
a) The People's Committee of provinces and centrally governed cities shall decide on the change of land use purpose for economic organizations using land;
b) The People's Committee of districts, towns, and cities under provinces shall decide on the change of land use purpose for households and individuals using land.
9. Article 27 is amended and supplemented as follows:
“Article 27.
1. In cases of real necessity, the State may reclaim land being used by land users for national defense, security, national interests, or public interest purposes. Persons whose land is reclaimed shall be compensated or supported according to regulations set forth by the Government.
2. The State has policies to stabilize the lives of people whose land is reclaimed. If the person whose land is reclaimed must move their residence, they can purchase housing from the State or be allocated land with payment for land use rights to build housing.
In cases where the compensation plan has been approved by competent state agencies, publicly announced, and become effective according to the law, but the person whose land is reclaimed does not comply with the land reclamation decision, the agency deciding on the land reclamation may issue a compulsory execution decision. In cases where the Government decides on land reclamation, the People's Committee of provinces and centrally governed cities shall issue the compulsory execution decision.
3. When communities construct public utility works according to planning using funds contributed by the people or partially supported by the State, the compensation or support for the land users whose land is used for construction shall be agreed upon between the community and the land users.
10. Article 31 is amended and supplemented as follows:
"Article 31.
1. Procedures for converting land use rights in rural areas shall be conducted at the People's Committee of communes; in urban areas, procedures shall be conducted at the People's Committee of districts, towns, and cities under provinces.
2. Procedures for transferring land use rights shall be conducted at the People's Committee of districts, towns, and cities under provinces.
3The Government shall specify detailed procedures for leasing, subleasing, inheritance of land use rights, and mortgaging or contributing land value as capital."
11. Article 36 is amended and supplemented as follows:
"Article 36.
Issuance of certificates of land use rights shall be carried out according to the following provisions:
1. Certificates of land use rights shall be issued by central land management agencies;
2. The People's Committees of provinces and centrally governed cities shall issue certificates of land use rights to organizations using land and those entities determined by the Government to be granted land. People's Committees of districts, towns, and cities under provinces shall issue certificates of land use rights to households and individuals;
3. In cases where a plot of land is used by multiple individuals who are not part of the same household or organization, certificates of land use rights shall be issued to each organization, household, or individual separately."
12. Supplement Article 78g as follows:
"Article 78g. Economic organizations, households, and individuals using land have the right to mortgage the value of land use rights according to the Land Law, and may mortgage or guarantee by the value of land use rights and assets attached to the land at credit institutions permitted to operate in Vietnam.
13. Article 80 is amended and supplemented as follows:
"Article 80.
1. The People's Committee of provinces and centrally governed cities shall decide on leasing land for the following cases:
a) Diplomatic missions, consular offices, and other foreign agencies with diplomatic functions in Vietnam;
b) Agencies and organizations of the United Nations; government-related agencies and organizations, and agencies representing international governmental organizations in Vietnam.
2. The authority to lease land to foreign organizations and individuals, and overseas Vietnamese investing in Vietnam shall be implemented according to regulations set forth by the Government.
3. Rights and obligations of foreign organizations and individuals, international organizations, and overseas Vietnamese granted land leases by the State shall be implemented according to regulations set forth by The the Standing Committee of the National Assembly.
In cases where overseas Vietnamese return to invest in Vietnam for a long term and require housing during the investment period; those who have made significant contributions to the country; cultural and scientific figures requiring regular activities in Vietnam to serve the country's development; and those requiring stable living conditions in Vietnam, they may purchase housing attached to residential land use rights according to regulations set forth by the Government."14. The phrase "economic and technical justification" in Article 63 and Clause 2 of Article 81 of the Land Law shall be replaced by the phrase "investment project"; the phrase "compensation for damage" in Article 73, the phrase "compensation for loss" in Article 28, and the phrase "compensation" in Article 79 of the Land Law shall be replaced by the phrase "compensation".
1. This Law shall take effect from October 1, 2001.
Article 2.
This Law shall take effect from October 1, 2001.
2. The Government shall amend and supplement the detailed regulations and guidance on the implementation of the Land Law to be consistent with this Law.
This Law was adopted by the Ninth Session of the Tenth National Assembly of the Socialist Republic of Vietnam on June 29, 2001.
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