Decree No. 88-CP on Management and Use of Urban Land

DECREE

On the management and use of urban land

THE GOVERNMENT

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

Pursuant to the Land Law dated July 14, 1993;

At the proposal of the Minister of Construction and the Director General of the Land Administration Bureau;

DECREE:

PART I

GENERAL PROVISIONS

Article 1

Urban land is land within the inner city, inner town, and town as defined in Article 55 of the Land Law.

Land outside the city center, town that has been planned and approved by competent state agencies for urban development shall also be managed as urban land.

Article 2

Based on the main purpose of use, urban land is classified into the following types:

1- Land used for public purposes.

2- Land used for national defense and security.

3- Residential land.

4- Special-purpose land.

5- Agricultural land, forestry land.

6- Unused land.

Article 3

Public land:

1- The State allocates land to organizations based on the planning and plans approved by competent state agencies and the specific functions and tasks of those organizations.

Any change in the purpose of use or transfer of land use rights must be decided by the state agency that allocated the land.

2- The heads of organizations allocated land are responsible for registering land administration procedures and implementing laws on land and urban construction.

3- Organizations allocated this type of land do not have to pay land use fees and land use taxes.

Article 4

Management and use of land for national defense and security must comply with the Government's decree on national defense and security land and the provisions of this Decree regarding planning, architecture, landscape protection, and environmental protection.

Article 5

Management and use of residential land must comply with Government Decree No. 60-CP dated July 5, 1994, concerning ownership of housing and residential land use rights in urban areas.

Article 6

Management and use of special-purpose land in urban areas must comply with separate Government decrees and the following provisions:

1- The State considers allocating land to organizations, households, and individuals for long-term stable use based on approved urban planning and current land use status in localities.

2- Those allocated land must register land administration and comply with all legal regulations and obligations to the State regarding the allocated land.

3- For special-purpose land used for business purposes, the State will determine the financial obligations of the land users according to the Decree on special-purpose land based on the nature of the business and the usage process.

, Clause 1, Clause 2 Article 7a of this Regulation.

Management and use of agricultural and forestry land in urban areas must comply with Government Decrees No. 64-CP dated September 27, 1993, and No. 2-CP dated January 15, 1994. Organizations and individuals using agricultural and forestry land in urban areas must comply with regulations on environmental protection, urban hygiene, urban aesthetics, and urban management.

The scope, boundaries, and duration of use of agricultural and forestry land in urban areas must be determined in approved urban planning.

Article 8

When processing initial land allocation procedures after the promulgation of the 1993 Land Law, organizations and individuals using land and competent state management agencies (Provincial People's Committees, municipalities directly under the Central Government, Ministries, and government agencies) must review the land use requirements of each organization and individual. Excess land must be reclaimed, and land used illegally or not for its intended purpose must be handled according to the law.

Article 9

The Chairmen of Provincial People's Committees, municipalities directly under the Central Government, and the Chairmen of urban People's Committees are responsible for managing unused land in urban areas.

The use and exploitation of unused land must be decided by competent state agencies according to the provisions of the Land Law.

PART II

STATE MANAGEMENT OF URBAN LAND

Article 10

Contents of urban land management and use:

1- Surveying, mapping, measuring, creating land administration maps, and valuing various types of urban land.

2- Urban construction planning and urban land use plans.

3- Allocation and leasing of urban land.

4- Acquisition for urban construction.

5- Issuing policies and plans for infrastructure construction when using urban land.

6- Registering and issuing certificates of urban land use rights.

7- Processing transfers of urban land use rights.

8- Inspecting, resolving disputes, handling complaints and accusations, and dealing with violations related to urban land.

Article 11

The Government exercises unified state management over urban land nationwide.

People's Committees at all levels implement state management over urban land in their respective localities according to the authority prescribed by the Land Law.

Central and local land administration agencies are responsible to the Government and People's Committees at all levels for urban land management.

Central and local urban construction management agencies are responsible to the Government and People's Committees at all levels for preparing urban construction plans and land use plans.

Article 12

Management and use of urban land must comply with urban construction plans, approved land use plans, this Decree, and other relevant legal documents.

Article 13

Urban construction planning includes general and detailed planning established and approved according to urban planning management regulations.

Article 14

Based on approved urban construction plans, the People's Committee of centrally-administered cities, provincial cities, towns, and townships establish urban land use plans for 5-10 year periods and annually.

Contents of urban land use plans include:

1- Determining the need for urban land, delineating land areas, and specifying the use of each type of land during each planning period, accompanied by conditions for exploitation during use.

2- Adjusting urban land use plans to fit actual urban renovation, construction, and development processes.

Article 15

1- Authority to approve and adjust urban land use plans as stipulated in Article 18 of the Land Law.

2- People's Committees at all levels, according to their assigned powers and responsibilities, direct specialized agencies to organize land surveying, valuation, allocation, leasing, acquisition, clearance, and infrastructure development to serve urban renovation and construction according to approved urban construction plans and land use plans.

3- The Chief Architect or the Department of Construction (for cities without a Chief Architect) is responsible for recommending construction sites and issuing planning certificates to prepare investment projects according to urban construction management regulations.

CHAPTER III

GRANTING AND LEASING OF URBAN LAND

Article 16

Organizations and individuals requiring urban land use must prepare an application for land grant.

The application for land grant includes:

1- Application form for land grant.

2- Investment project for construction (economic and technical justification) approved by competent state agencies.

3- Land registry map or current status map of the area to be granted at a scale of 1/200 to 1/1000.

4- Compensation plan.

The above documents shall be submitted to the same-level land administration agency for review and forwarded to the People's Committee of the province or centrally governed city for decision.

In cases within the authority to grant land of the Government, the General Department of Land Administration and the People's Committee of the province or centrally governed city shall submit to the Government for decision.

Article 17

The time limit for reviewing and deciding on applications for land grant is twenty-five days from the date of receipt of all documents.

If not resolved within this period, the agency receiving the application must inform the applicant of the reasons.

Article 18

The implementation of decisions on granting urban land is regulated as follows:

1- The People's Committee of cities under provinces, districts, and towns is responsible for organizing the clearance of land and guiding compensation for losses when land is recovered within their jurisdiction.

2- The provincial land administration agency shall handle the recovery of land, organize the granting of land on-site according to the land grant decision, establish management files, and monitor changes in the urban land fund.

Article 19

1- On-site handover of land can only be carried out when organizations and individuals applying for land grant have received the land grant decision, paid the land use fee and land administration fees, and completed the required compensation procedures.

2- The recipient of the land grant must declare and register land use with the People's Committee of the commune, ward, or town managing the area.

3- After receiving the land, the recipient must immediately proceed with construction preparation and building permit procedures.

In case of changes in land use purpose, the recipient of the land grant must submit to the land-granting agency for examination and resolution.

4- The use of land after grant must comply with the progress stipulated in the investment construction project approved by competent state agencies.

If within twelve months from the date of receiving the land, the recipient does not commence use without permission from competent state agencies, the land grant decision will lose its validity.

Article 20

Organizations and individuals requiring the State to lease urban land must submit an application for land lease:

1- The application for leasing urban land solely for surface use without constructing fixed structures includes:

a) Application for land lease.

b) Preliminary layout design of the leased land area accompanied by explanatory notes.

c) Land registry map of the leased land area.

d) Introduction of the location by the Chief Architect of the city or the Construction Department (for cities without a Chief Architect).

2- Procedures and requirements for leasing land for fixed structures are regulated in Articles 16, 17, 18, and 19 of this Decree.

Article 21

The State allows organizations and individuals in Vietnam to lease urban land for the following purposes:

1- Organizing surface areas for construction of projects in urban areas.

2- Using surface areas for storage facilities.

3- Organizing social activities such as camping, fairs, and festivals.

4- Constructing fixed structures according to investment development projects for production, business, services, and housing.

Leasing land to foreigners is conducted according to separate regulations of the State.

Article 22

The provincial land administration agency reviews and examines the application for land lease and forwards it to the competent state agency for decision.

The time limit for reviewing and resolving applications for leasing land for surface use is twenty days from the date of receipt of all documents.

Article 23

After the lease decision is made, the authorized state agency shall sign a lease contract with the lessee.

The lessee has the obligation to:

1- Use the land for the intended purpose.

2- Pay the land lease fee and land administration fees as prescribed by law.

3- Comply with the terms of the lease contract.

4- At the end of the lease term, for surface use cases, the lessee must restore the surface to its original condition, refrain from damaging related infrastructure facilities, and return the land to the lessor.

"d) Within no more than one working day from the date of receiving the dossier submitted for administrative procedures by the specialized agency assigned by the Provincial People's Committee, the Chairman of the Provincial People's Committee shall issue a notification of the result of the inspection of plant-based food exports or a certificate at the request of the importing country."

For land outside the inner city, town, or township boundaries but already planned or constructed as an urban area and approved by competent state agencies, during the period of non-use for urban development, the People's Committee of the province or centrally governed city may consider granting or leasing the land for a limited period, ensuring that land use does not hinder urban development.

Article 25

The Ministry of Finance regulates the collection and use of land administration fees and planning certificate fees.

PART IV

CONSTRUCTION OF INFRASTRUCTURE WHEN USING URBAN LAND

Article 26

1- Urban land must be developed with infrastructure when used.

2- The State invests in improving and constructing common infrastructure for the entire urban area for projects unable to directly recover capital, while assigning enterprises to construct infrastructure for projects capable of directly recovering capital through bidding or tendering.

3- Organizations and individuals must develop infrastructure on land granted by the State according to the approved planning and investment projects by competent state agencies.

Article 37

The use of land funds to build infrastructure and the granting of land to enterprises for developing infrastructure according to projects in urban areas is regulated by the Prime Minister.

CHAPTER V

RECOVERY OF LAND FOR URBAN DEVELOPMENT

Article 28

Recovery of land for urban development is specifically regulated as follows:

1- When recovering land currently in use for public infrastructure construction, common benefit projects, and urban renovation and other large-scale investment projects approved, there must be a decision to recover land issued by a competent state agency.

2- Before recovering land, the competent state agency must notify the current land users about the reasons for recovery, relocation plans, and compensation schemes for land and attached assets.

Compensation for losses suffered by land users due to land recovery is regulated separately by the Government.

3- Land users whose land is being recovered must strictly comply with the state's land recovery decision.

In case the landowner refuses to comply with the land expropriation decision issued by the competent state agency, they shall be forcibly relocated from the land area.

Article 29

When expropriating land for new urban construction or new urban areas, the People's Committees of provincial cities, towns, districts, and counties must establish and implement relocation projects, clearance projects, and create necessary living conditions and stabilize the lives of those whose land is being expropriated.

Article 30.

For cases where organizations and individuals voluntarily transfer, inherit, or gift land, or where there is a lawful change in ownership of houses and land use rights, compensation, relocation, and clearance shall be agreed upon by both parties. The State shall handle the procedures for land expropriation and allocation according to the law.

Chapter VI

REGISTRATION AND ISSUANCE OF LAND USE RIGHT CERTIFICATES FOR URBAN LAND

Article 31

1- All organizations and individuals using urban land must register to obtain a land use right certificate in accordance with the Land Law of 1993.

2- Individuals using land in a commune, ward, or town must register at the People's Committee of that commune, ward, or town.

3- Land attached to houses or construction works must be registered in the land registry. Individuals using such land will be granted a land use right certificate attached to the ownership of the house or construction work, architectural structures.

Article 32

The issuance of land use right certificates to current land users is regulated as follows:

1- Individuals currently using land who meet one of the following conditions shall be considered for issuance of a land use right certificate:

a) Individuals using land have valid documents issued by the competent authorities of the Democratic Republic of Vietnam, the Socialist Republic of Vietnam, or the Provisional Revolutionary Government of the Republic of South Vietnam.

b) Individuals currently using land have valid documents issued by the competent authorities under the old regime, without disputes over land use rights, and the land being used does not fall within the scope of land to be returned to others due to implementation of policies by the Vietnamese State or the Provisional Revolutionary Government of the Republic of South Vietnam.

c) Individuals have fulfilled or committed to fulfilling financial obligations to the State regarding land use.

2- Individuals currently using urban land with legitimate origins as stipulated in Clause 1 of this Article, if they lose their valid documents but meet the conditions set out in Article 33 of this Decree, shall also be considered for issuance of a land use right certificate.

3- Organizations meeting the conditions set out in Clauses 1 and 2 of this Article requesting issuance of a land use right certificate shall be decided by the People's Committee of the province or centrally-administered city after completing the procedures specified in Article 8 of this Decree.

4- Organizations already allocated land by the State for the purpose of constructing public utility works as stipulated in Article 58 of the Land Law shall have their land use right certificates issued by the People's Committee of the province or centrally-administered city after completing the procedures specified in Article 8 of this Decree.

Article 33

Current urban land users without valid documents as mentioned in Article 32 of this Decree, if they meet the following conditions, shall also be considered for issuance of a land use right certificate:

1- Complying with the urban construction plan approved by the competent state authority.

2- Without disputes or decisions on land expropriation by the competent state authority.

3- Not violating public infrastructure facilities and technical urban construction protection zones.

4- Not encroaching on land belonging to historical, cultural, or religious sites recognized by the State.

5- Paying land use fees and committing to fulfill financial obligations to the State regarding land use.

Article 34

If current land users are not granted a land use right certificate, they must comply with the land expropriation decision issued by the competent state authority.

Article 35

The application for issuance of a land use right certificate is regulated as follows:

1- Application for issuance of a land use right certificate.

2- Valid documents proving land use rights; in cases where there are no valid documents regarding land use rights, the agency receiving the application must continuously announce in local newspapers, and if there is no objection within thirty days, the competent state authority shall consider and resolve the matter.

3- Sketch map of the plot of land for which a land use right certificate is requested.

Article 36

The General Department of Land Administration shall provide detailed guidance on the issuance of urban land use right certificates.

Chapter VII

PROCEDURES FOR TRANSFER OF URBAN LAND USE RIGHTS

Article 37

1- Procedures for converting urban land use rights are handled by the People's Committee of provincial cities, towns, districts, and counties.

2- Procedures for transferring urban land use rights are handled by the People's Committee of the province or centrally-administered city.

3- Individuals transferring urban land use rights must pay taxes and other payments as prescribed by law.

Article 38

The transfer of urban land use rights belonging to multiple owners must be agreed upon in writing by all land users.

Chapter VIII

IMPLEMENTATION

Article 39

Those violating regulations on management and use of urban land shall be subject to disciplinary action, administrative penalties, or criminal prosecution depending on the severity of the violation.

Article 40

This Decree replaces Decree No. 47-CP dated March 15, 1972 of the Council of Ministers and takes effect from October 15, 1993. Previous regulations contrary to this Decree are abolished.

The Ministry of Construction and the General Department of Land Administration are responsible for guiding and supervising the implementation of this Decree.

Article 41

Ministers of Ministries, Heads of agencies equivalent to ministries, and Chairmen of People's Committees of provinces and centrally-administered cities are responsible for implementing this Decree./.