Decree No. 66/2001/ND-CP Amending and Supplementing Certain Provisions of Decree No. 04/2000/ND-CP dated February 11, 2000 on Implementing the Law Amending and Supplementing Certain Provisions of the Land Law

DECREE OF THE GOVERNMENT

Amending and supplementing some articles of Decree No. 04/2000/NĐ-CP

dated February 11, 2000 on the implementation of the Law Amending and Supplementing Certain Articles of the Land Law

THE GOVERNMENT

Pursuant to the Government Organization Law dated September 30, 1992;

Pursuant to the Land Law dated July 14, 1993; the Law Amending and Supplementing Certain Articles of the Land Law dated December 2, 1998 and the Law Amending and Supplementing Certain Articles of the Land Law dated June 29, 2001;

At the proposal of the Director General of the Land Administration General Department,

DECREE:

Article 1Amending and supplementing some articles of Decree No. 04/2000/NĐ-CP dated February 11, 2000 on the implementation of the Law Amending and Supplementing Certain Articles of the Land Law (hereinafter referred to as Decree No. 04/2000/NĐ-CP) as follows:

1. Economic organizations conducting foreign exchange trading agency activities; economic organizations conducting foreign currency receipt and payment service provision activities; economic organizations conducting border country currency exchange agency activities.

Article 1. Scope of Regulation.

This Decree stipulates the implementation of the Law Amending and Supplementing Certain Articles of the Land Law dated December 2, 1998 and the Law Amending and Supplementing Certain Articles of the Land Law dated June 29, 2001 (hereinafter referred to as the Land Law).

4. State Bank Branch in Border Province is the State Bank Branch in provinces sharing borders with China, Laos, and Cambodia.

Article 2. Competence for land allocation and land leasing.

The competence for land allocation and land leasing is prescribed as follows:

1. Competence for land allocation and land leasing for non-agricultural, forestry, and salt production purposes shall be implemented in accordance with Articles 23 and 80 of the Land Law as follows:

a) The Government decides on land allocation in the following cases:

Allocation of land with payment for land use rights to create capital for infrastructure construction according to projects;

Allocation of land for national defense and security purposes.

b) Within 10 working days from the date of receipt of the dossier as mentioned in Sub-clause b, Clause 1, Article 3 above, the Ministry of Foreign Affairs will review and submit to the competent authority for decision (Issues exceeding the Ministry of Foreign Affairs' jurisdiction will be referred to the Prime Minister for consideration and decision).Provincial People's Committees, municipal People's Committees under the central government decide on land allocation and leasing to the following entities:

Organizations using land;

Households and individuals using land in urban areas;

Diplomatic agencies, consular agencies, other agencies with diplomatic functions of foreign countries in Vietnam; agencies of international organizations; intergovernmental agencies, agencies of intergovernmental organizations in Vietnam;

Foreign organizations and individuals and overseas Vietnamese investing in Vietnam.

c) Within 10 working days from the date of receipt of the dossier as mentioned in Sub-clause b, Clause 1, Article 3 above, the Ministry of Foreign Affairs will review and submit to the competent authority for decision (Issues exceeding the Ministry of Foreign Affairs' jurisdiction will be referred to the Prime Minister for consideration and decision).District People's Committees, town People's Committees, city People's Committees under provinces decide on land allocation and leasing to households and individuals, except for cases provided for in point b of this clause.

2. Competence for land allocation and leasing for agricultural, forestry, and salt production purposes shall be implemented in accordance with Article 24 of the Land Law as follows:

a) Within 10 working days from the date of receipt of the dossier as mentioned in Sub-clause b, Clause 1, Article 3 above, the Ministry of Foreign Affairs will review and submit to the competent authority for decision (Issues exceeding the Ministry of Foreign Affairs' jurisdiction will be referred to the Prime Minister for consideration and decision).Provincial People's Committees, municipal People's Committees under the central government decide on land allocation and leasing to economic organizations using land;

b) Within 10 working days from the date of receipt of the dossier as mentioned in Sub-clause b, Clause 1, Article 3 above, the Ministry of Foreign Affairs will review and submit to the competent authority for decision (Issues exceeding the Ministry of Foreign Affairs' jurisdiction will be referred to the Prime Minister for consideration and decision).District People's Committees, district-level city People's Committees, city People's Committees under provinces decide on land allocation and leasing to households and individuals;

c) Within 10 working days from the date of receipt of the dossier as mentioned in Sub-clause b, Clause 1, Article 3 above, the Ministry of Foreign Affairs will review and submit to the competent authority for decision (Issues exceeding the Ministry of Foreign Affairs' jurisdiction will be referred to the Prime Minister for consideration and decision).Commune People's Committees, ward People's Committees, town People's Committees lease land belonging to the communal public land fund of communes, wards, towns.

3. In cases where organizations, households, and individuals have already been allocated land or leased land before October 1, 2001 by competent state agencies and there are adjustments or supplements, the authority to adjust or supplement the decision on land allocation or leasing shall be carried out in accordance with the authority for land allocation and leasing prescribed in Clause 1 and Clause 2 of this Article.

3. Supplementing Article 2a as follows:

Article 2a. Competence for approving location and area of land for investment projects not using state budget funds as stipulated in Article 19 of the Land Law.

The agency with the authority to approve the location and area of land for investment projects not using state budget funds to serve as the basis for decisions on land allocation and leasing is the state agency with the authority to allocate and lease land as prescribed in Clause 2 of this Article.

4. Clause 3 and Clause 4 of Article 3 are amended and supplemented as follows:

3. Within 10 working days from the date of receipt of the dossier as mentioned in Sub-clause b, Clause 1, Article 3 above, the Ministry of Foreign Affairs will review and submit to the competent authority for decision (Issues exceeding the Ministry of Foreign Affairs' jurisdiction will be referred to the Prime Minister for consideration and decision).Provincial People's Committees, municipal People's Committees under the central government issue certificates of land use rights to the following entities:

a) Domestic organizations using land;

b) Pagodas, churches, religious shrines;

c) Foreign organizations and individuals using land in Vietnam.

4. District People's Committees, district-level city People's Committees, city People's Committees under provinces issue certificates of land use rights to the following entities:

a) Households and individuals using land;

b) Communities using land with facilities such as temples, shrines, altars, hermitages, ancestral halls, family shrines, or other facilities serving the common interests of the community;

c) Overseas Vietnamese permitted to purchase houses attached to residential land use rights in Vietnam.

5. Point c of Clause 2 of Article 5 is supplemented as follows:

c) In cases where economic organizations, households, and individuals receive the transfer of agricultural land use rights, aquaculture land use rights, forestry land use rights, salt production land use rights, along with the change of land use purpose approved by competent state agencies, the duration of land use shall be calculated based on the duration of the project approved or agreed upon by competent state agencies but shall not exceed 50 years. For individual households and individuals receiving the transfer of agricultural land use rights, forestry land use rights and being allowed by competent state agencies to change the land use purpose to residential land or specialized land, the duration of land use is permanent.

As for the excess area of agricultural land beyond the household limit due to the transfer of land use rights as stipulated in Article 22 of the Land Law, the lease term shall be implemented according to the land lease contract but shall not exceed 20 years for annual crop cultivation land and aquaculture land, and 50 years for perennial crop cultivation land.

6. Article 11 shall be amended and supplemented as follows:

Article 11. Management and use of land that has been abandoned or not yet utilized.

For communes, wards, and towns with areas of excavated pits, abandoned ponds, dead-end rivers, canals, ditches, dykes, dams, roads, drying yards, warehouses, factories, livestock farms, and other specialized lands that are not being used, newly accreted land along rivers and coasts, abandoned land, and unused land, the commune people's committee shall be responsible for managing such land areas to put them into use according to the land use planning and plans.

The authority to allocate land and lease land for production and business purposes, housing construction shall be carried out in accordance with the provisions of Clause 2 of this Article; the duration of land use shall be determined based on the investment project or the application for land allocation and lease.

7. Article 12 is amended and supplemented as follows:

Article 12. Rights of organizations allocated land by the State without payment of land use fee.

1. Organizations allocated land by the State without payment of land use fee shall enjoy the rights stipulated in Clauses 1, 2, 4, 5, 6, and 8 of Article 73 of the Land Law. For economic organizations using land as prescribed in Point d Clause 1 of Decree No. 04/2000/NĐ-CP dated February 11, 2000 of the Government, they also have the right to mortgage or guarantee with assets belonging to them that are attached to the land use rights to borrow capital from credit institutions permitted to operate in Vietnam.

2. For state-owned enterprises using agricultural land, forestry land, aquaculture land, salt-making land allocated by the State before January 1, 1999, in addition to the rights stipulated in Clause 1 of this Article, they also have the right to mortgage assets belonging to them that are attached to the land use rights at credit institutions permitted to operate in Vietnam to borrow capital for production and business; contribute capital with the value of land use rights to cooperate in production and business with domestic organizations and individuals, foreign organizations and individuals to continue using it for agricultural, forestry, aquaculture, salt-making purposes, expanding processing industry, services to develop production.

8. Article 14 is amended and supplemented as follows:

Article 14. Rights of households and individuals allocated land by the State without payment of land use fee.

Households and individuals allocated land by the State without payment of land use fee shall enjoy the rights stipulated in Clauses 1, 2, 4, 5, 6, and 8 of Article 73 of the Land Law, have the right to exchange, transfer, lease, sublease, inherit, mortgage, or guarantee with the value of land use rights according to the laws on land, in addition, they also have the right to contribute capital with the value of land use rights within the period granted to cooperate in production and business with domestic organizations and individuals; in case of contributing capital with the value of land use rights to cooperate in production and business with domestic organizations and individuals and changing the purpose of land use, they must obtain permission from the competent state agency prescribed in Article 24a of the Land Law and pay the land use change fee, without having to convert to lease land; if they do not pay the land use change fee, they must convert to lease land.

9. Clause 3 of Article 16 is amended and supplemented as follows:

3. Mortgage or guarantee with the value of land use rights, assets belonging to them that are attached to the land at credit institutions permitted to operate in Vietnam.

10. Points c and e of Clause 1 of Article 23 are amended and supplemented as follows:

c) Submit to the Government for allocation of land to build infrastructure works, implement investment projects using land to create capital for building infrastructure;

e) Guide the preparation of investment projects on the land returned to investors according to approved planning and submit to the Government for allocation of land to the investor.

11. Article 26 is amended and supplemented as follows:

Article 26. Households and individuals transferring the purpose of using agricultural land, forestry land, aquaculture land, or salt-making land.

Households and individuals using agricultural land, forestry land, aquaculture land, or salt-making land, when permitted by state agencies with competent authority as stipulated in Article 24a of the Land Law to transfer the purpose of use, shall not be required to switch to leasehold but must pay the land use change fee as prescribed by law; in cases where the land use change fee is not paid, they must switch to leasehold.

The amount of fees for changing the purpose of use from agricultural land, forestry land, aquaculture land, or salt-making land to specialized purposes shall be implemented according to the provisions at point a and point b Clause 1, Article 6 of Decree No. 38/2000/NĐ-CP dated August 23, 2000 of the Government on collecting land use fees for the entire area of land permitted to change the purpose of use.

12. Amend and supplement Clause 2 and add Clause 4 to Article 27 as follows:

Article 27. Economic organizations that have received the transfer of land use rights and changed the purpose of land use.

2. Economic organizations receiving the transfer of agricultural land use rights, forestry land use rights, aquaculture land use rights, or salt-making land use rights, where the transfer payment does not originate from the state budget, when permitted by state agencies with competent authority to use for specialized purposes, shall not be required to switch to leasehold but must pay the land use change fee as prescribed by law; in cases where the land use change fee is not paid, they must switch to leasehold.. The period of land use shall be calculated according to the project investment period approved by state agencies with competent authority but shall not exceed 50 years.

4. Economic organizations that have been allocated land by the state without paying land use fees for agricultural production, forestry production, aquaculture, or salt-making purposes, when permitted Within 10 working days from the date of receipt of the dossier as mentioned in Sub-clause b, Clause 1, Article 3 above, the Ministry of Foreign Affairs will review and submit to the competent authority for decision (Issues exceeding the Ministry of Foreign Affairs' jurisdiction will be referred to the Prime Minister for consideration and decision).by the provincial People's Committee to change the purpose of use, shall implement the following regulations:

a) In cases of constructing houses for sale or rent, they must pay land use fees as prescribed by law;

b) In cases of production and business activities, they must switch to leasehold and the lease term shall be according to the project investment period approved by state agencies with competent authority but shall not exceed 50 years, except for cases of changing the purpose of use to public purposes as stipulated in Article 4 of Decree No. 04/2000/NĐ-CP.

13. Point a Clause 3 Article 30 is amended and supplemented as follows:

a) Mortgage or guarantee by the value of leased land use rights and assets belonging to them on leased land at credit institutions authorized to operate in Vietnam to borrow capital for production and business activities as prescribed by law;

14. The phrase "compensation for losses" in Article 3 and Article 20, and the phrase "compensation" in Article 19 of Decree No. 04/2000/NĐ-CP shall be replaced by the phrase "compensation".

Add the phrase "rural post and culture center" after the phrase "cultural works" in Clause 2 Article 4 of Decree No. 04/2000/NĐ-CP.

Article 2. Responsibilities of the National Land Administration

The National Land Administration shall guide the dossier and procedures for allocating land; leasing land; changing the purpose of land use; transferring paddy rice cultivation land to aquaculture or perennial crop planting, or transferring perennial crop planting land to annual crop planting.

Article 3. Responsibilities of Ministries, ministerial-level agencies, government agencies, Within 10 working days from the date of receipt of the dossier as mentioned in Sub-clause b, Clause 1, Article 3 above, the Ministry of Foreign Affairs will review and submit to the competent authority for decision (Issues exceeding the Ministry of Foreign Affairs' jurisdiction will be referred to the Prime Minister for consideration and decision).people's committees at all levels and land users,

Ministers, Heads of ministerial-level agencies, Heads of government agencies, Chairmen Within 10 working days from the date of receipt of the dossier as mentioned in Sub-clause b, Clause 1, Article 3 above, the Ministry of Foreign Affairs will review and submit to the competent authority for decision (Issues exceeding the Ministry of Foreign Affairs' jurisdiction will be referred to the Prime Minister for consideration and decision).people's committees at all levels and land users shall be responsible for implementing this Decree.

Article 4. Effective date

This Decree takes effect from October 1, 2001. All previous provisions contrary to this Decree are abolished./.