Land Law 2024 (31/2024/QH15)

Pursuant to the Constitution of the Socialist Republic of Vietnam;

The National Assembly promulgates the Land Law.

Chapter I. GENERAL PROVISIONS

Article 1. Scope of regulation

This law stipulates the regime of land ownership, the powers and responsibilities of the State representing the owner of all the people regarding land and unified land management, the regime of land management and use, and the rights and obligations of citizens and land users in relation to land within the territory of the Socialist Republic of Vietnam.

Article 2. Subjects of application

1. State agencies exercise the powers and responsibilities of representing the ownership of all the people over land, performing the tasks of unified state management of land.

2. Land users.

3. Other subjects related to the management and use of land.

Article 3. Interpretation of terms

In this Law, the terms below are understood as follows:

1. A cadastral map is a map showing land parcels and related geographical objects, compiled according to the commune-level administrative unit or the district-level administrative unit where no commune-level administrative unit is established, and confirmed by the competent state agency.

2. A current land use map is a map showing the distribution of land types at a specific point in time, compiled according to each administrative unit at different levels, according to each socio-economic region.

3. A land use planning map is a map compiled at the beginning of a planning period, showing the content of the distribution of land types at the end of that planning period.

4. Protecting, improving, and restoring land is the application of management, technical, mechanical, biological, and organic measures to the land to treat contaminated land and restore degraded land.

5. Land compensation is when the State returns the value of land use rights for the reclaimed land area to the person whose land is reclaimed.

6. Individuals directly engaged in agricultural production are individuals who have been allocated land, leased land, recognized for agricultural land use rights by the State; or have received the transfer of agricultural land use rights and have income from agricultural production on that land according to Government regulations.

7. Remaining investment costs in the land are reasonable costs that the land user has directly invested in the land in accordance with the land use purpose but have not yet been fully recovered at the time the State reclaims the land.

8. Land use targets are the land area of each type of land determined in land use plans and schemes at various levels by competent state authorities for allocation in the process of developing land use plans and schemes.

9. Encroachment on land is the use of land managed by the State without the permission of competent state authorities or the use of land of another lawful land user without that person's consent.

10. An investor of a land-use investment project (hereinafter referred to as the investor) is an investor under investment law and related laws who has been selected to carry out a land-use investment project and is allocated land, leased land, or given approval to change the land use purpose in accordance with this Law.

11. Change of land use purpose is the act of a land user being allowed to change the use of land from one purpose to another in accordance with the provisions of this Law.

12. Transfer of land use rights is the transfer of land use rights from one person to another through forms of exchange, transfer, inheritance, donation of land use rights, or capital contribution by land use rights.

13. A residential community is a community of Vietnamese people living in the same hamlet, village, hamlet, village, bon, buôn, phum, sóc, neighborhood group, or similar settlement with the same customs, traditions, or common ancestry on the territory of the Socialist Republic of Vietnam.

14. The national land database is a collection of land databases in which data is arranged and organized to be accessed, exploited, shared, managed, and updated through electronic means.

15. Land and assets registration attached to land is when the land user, the owner of the assets attached to the land, or the person assigned to manage the land declares the land use rights and ownership of assets attached to the land to the competent state authority to be recorded in accordance with the provisions of this Law.

16. Land under dispute means a land plot that is currently in dispute and is in the process of being resolved by the competent authority.

17. Adjustment of land use term is the act of the competent state authority allowing the change of the land use term during the land use process.

18. Extension of land use is the act of the competent state authority allowing continued use of the land when the term expires according to the current purpose of use in accordance with the provisions of this Law.

19. Land price is the value of land use rights calculated in money per unit of land area.

20. The value of land use rights is the monetary value of the land use rights for a parcel of land, of a certain land type at the time it is determined with the defined usage period.

21. The certificate of land use rights and ownership of assets attached to the land is a legal document for the State to recognize the legal land use rights and ownership of assets attached to the land of the person with land use rights and ownership of assets attached to the land. Assets attached to the land for which a certificate of land use rights and ownership of assets attached to the land is issued include houses and constructions attached to the land in accordance with the provisions of the law. Certificates regarding land use rights, ownership of houses, and other assets attached to the land under the provisions of relevant laws shall be implemented in accordance with the provisions of this Law and have legal value equivalent to the certificate of land use rights and ownership of assets attached to the land prescribed in this Law.

22. Contributing capital by land use rights is an agreement between the parties on the transfer of land use rights through contributing land use rights to form the charter capital of an economic organization, including contributing capital to establish an economic organization or contributing additional charter capital of an already established economic organization.

23. The national land information system is a system that integrates elements of technical infrastructure, information technology software, and data into a centralized, unified system nationwide to manage, operate, update, and exploit land information.

24. Support when the State recovers land is a policy of the State aimed at assisting those whose land is recovered and the owners of assets attached to the land to stabilize their life, production, and development in addition to the amounts already compensated under the provisions of this Law.

25. A household using land consists of people who have marital, blood, or foster relationships as prescribed by the law on marriage and family, are living together, and have joint land use rights at the time the State allocates land, leases land, recognizes land use rights, or receives the transfer of land use rights before this Law comes into effect.

26. Production and business cooperation using land use rights is an agreement between parties, whereby the land user uses their land use rights to cooperate in production and business activities without changing the land use rights of the land user.

27. Land degradation is the act of distorting terrain, reducing soil quality, and causing soil pollution, resulting in the loss or reduction of the land's usability for its designated purpose.

28. A land use plan is the phased allocation of land use planning over time for implementation.

29. Land inventory is the State's organization of surveys, compilation, and assessment based on cadastral records and field conditions regarding the current land use at the time of inventory and land changes between two inventory periods.

30. Reclamation from the sea is the expansion of land area from the line of the lowest average sea level over many years toward the sea within the territory of Vietnam's waters.

31. Land encroachment is when a land user moves land markers or plot boundaries to expand the land area in use without permission from the competent state authority or without consent from the lawful user of the encroached land area.

32. The State leasing land use rights (hereinafter referred to as the State leasing land) is the act of a competent State agency issuing a decision to lease land to an entity in need of land use.

33. The State recognizing land use rights is the act of a competent State agency issuing a Certificate of Land Use Rights and Ownership of Land-Attached Assets for the first time to a person who is stably using the land for a specific land plot as prescribed by this Law.

34. The State assigning land use rights (hereinafter referred to as the State assigning land) is the act of a competent State agency issuing a decision to assign land to an entity in need of land use.

35. The State recovering land is the act of a competent State agency issuing a decision to reclaim land use rights from the land user, or reclaim land from someone currently using it, or reclaim land that is being assigned and managed by the State.

36. Land use planning is the allocation of land use quotas and the zoning of land for purposes of socio-economic development, national defense, security, environmental protection, and climate change adaptation based on land potential and land use demand of sectors and fields for each administrative unit for a specified period.

37. The leasehold right in a land lease contract is the right of the land user arising when the State leases land for an annual land rent. The land user is entitled to transfer the leasehold right in the land lease contract; the transferee of the leasehold right in the land lease contract inherits the rights and obligations of the land user in accordance with this Law and other relevant legal provisions.

38. Stable land use is using land for a specific main purpose from the time the land is first used for that purpose until the competent state authority reviews the stable use of the land.

39. Resettlement is the State's act of compensating with residential land or housing in a resettlement area or another suitable location for people whose land is recovered, or providing residential land or resettlement housing to individuals who do not meet the conditions for land compensation under this Law but no longer have any other place to live.

40. Land degradation is the condition in which land changes its original characteristics and properties in a negative direction due to the impact of natural or human factors.

41. Land statistics is the process by which the State synthesizes and evaluates cadastral records regarding the current land use at the time of the statistics and the changes in land between two statistical periods.

42. A land plot is a portion of land area bounded by boundaries described in cadastral records or identified on the ground.

43. A standard land plot is a plot with characteristics of area, shape, and dimensions representative of land plots in the value zone, selected as a standard plot to appraise other plots in the value zone.

44. Land use fees are the amount of money that land users must pay to the State when the State allocates land with land use fees, allows changes in land use purpose, or in cases where land use requires payment of land use fees according to legal regulations.

45. Land rent is the amount of money that land users must pay to the State when the State leases land, allows a change in land use purpose to lease land, or in cases of land use where land rent must be paid according to legal regulations.

46. An economic organization with foreign investment is an economic organization that must meet the conditions and carry out investment procedures prescribed for foreign investors under the Investment Law in order to implement a project that uses land.

47. Land dispute is a dispute over the rights and obligations of land users between two or more parties in land relations.

48. Value zone is an area of adjacent land plots with the same land use purpose and having similar factors in terms of location, profitability, infrastructure conditions, and other factors affecting land prices.

49. The surrounding area is the land adjacent to transportation connection points and transportation routes with potential for development according to planning.

Article 4. Land users

Land users are those who are allocated land by the State, leased land, recognized for land use rights; are using land stably and meet the conditions for issuance of the Certificate of Land Use Rights, Ownership of Assets Attached to Land but have not yet been issued by the State the Certificate of Land Use Rights, Certificate of Ownership of House and Land Use Rights, Certificate of Land Use Rights, Ownership of House and Other Assets Attached to Land, Certificate of Land Use Rights, Ownership of Assets Attached to Land; receive land use rights; lease land back according to the provisions of this Law, including:

1. Domestic organizations including:

a) State agencies, agencies of the Communist Party of Vietnam, people's armed units, the Vietnam Fatherland Front, political-social organizations, socio-political-professional organizations, social organizations, social-professional organizations, public service units, and other organizations as prescribed by law;

b) Economic organizations as prescribed by the Investment Law, except for the cases stipulated in Clause 7 of this Article (hereinafter referred to as economic organizations);

2. Religious organizations, subordinate religious organizations;

3. Domestic individuals, Vietnamese residing abroad who are Vietnamese citizens (hereinafter referred to as individuals);

4. Residential communities;

5. Foreign organizations with diplomatic functions include diplomatic representative offices, consular offices, other foreign representative offices with diplomatic functions recognized by the Government of Vietnam; representative offices of United Nations organizations, intergovernmental bodies or organizations, representative offices of intergovernmental organizations;

6. Overseas Vietnamese;

7. Economic organizations with foreign investment.

Article 5. Principles of land use

1. Use land for its proper purpose.

2. Sustainable, economical, and efficient use of land and resources on the surface and underground.

3. Protect the land, protect the environment, adapt to climate change, and do not abuse pesticides or chemical fertilizers that cause pollution or land degradation.

4. Exercise the rights and obligations of the land user within the land use term in accordance with the provisions of this Law and other relevant legal regulations; do not infringe upon the lawful rights and interests of adjacent and surrounding land users.

Article 6. Persons responsible to the State for land use

1. The legal representative of a domestic organization, an economic organization with foreign investment; the head of a foreign organization with diplomatic functions is responsible for the use of land by their organization.

2. The Chairman of the commune-level People's Committee regarding the use of agricultural land for public purposes; non-agricultural land allocated to the commune-level People's Committee for use in building the People's Committee office, public works serving cultural, educational, medical, sports, recreational, entertainment activities, markets, cemeteries, and other public works of the commune, ward, or town; religious land and belief land that has not been allocated for management or use.

3. The representative of the community is the head of the village, hamlet, quarter, or similar residential area, or a person appointed by agreement of the community.

4. The representative of the religious organization or affiliated religious organization regarding the use of land by the religious organization or affiliated religious organization.

5. Individuals of Vietnamese origin residing overseas regarding the use of their own land.

6. Persons with shared land use rights or representatives for groups of persons with shared land use rights concerning the use of that land.

Article 7. Persons responsible to the State for the land assigned for management

1. Representatives of organizations are responsible for land management in the following cases:

a) Domestic organizations assigned to manage public works and safety protection corridors of the works as prescribed by law;

b) Domestic organizations assigned to manage land with river water surfaces and land with specialized water surfaces;

c) Domestic organizations assigned to manage land funds that have been recovered according to the decision of competent state agencies;

d) Economic organizations assigned to manage land areas to carry out investment projects in accordance with the law.

2. The chairman of the commune-level People's Committee, the chairman of the district-level People's Committee in places where a commune-level administrative unit has not been established, is responsible for the management of land used for public purposes that has been assigned to them, as well as land that has not been assigned or leased in the locality.

3. The Chairman of the Provincial People's Committee is responsible for managing unused land on islands that has not been assigned to district- or commune-level administrative units.

4. The representative of the community is responsible for land allocated to the community for management.

Article 8. Encouraging investment in land use

1. Improve the efficiency of land use.

2. Protect, rehabilitate, and increase the fertility of the soil; treat polluted soil and water-covered land, restore degraded land.

3. Reclaim land from the sea, put idle land, bare hills, alluvial land along rivers and coasts, and wasteland with water into use according to the provisions of this Law.

4. Concentrate land for large-scale agricultural and forestry production.

5. Develop infrastructure to increase land value and develop underground works.

6. Develop culture, healthcare, education and training, physical education and sports, science and technology, and the environment.

Article 9. Land Classification

1. Based on the purpose of use, land is classified into agricultural land, non-agricultural land, and unused land.

2. Agricultural land includes the following types of land:

a) Annual crop land, including rice land and other annual crop land;

b) Perennial crop land;

c) Forestry land, including special-use forest land, protection forest land, and production forest land;

d) Aquaculture land;

e) Concentrated livestock land;

f) Salt production land;

g) Other agricultural land.

3. Non-agricultural land includes the following types of land:

a) Residential land, including rural residential land and urban residential land;

b) Land for constructing office headquarters;

c) Land used for defense and security purposes (hereinafter referred to as defense and security land);

d) Land for the construction of public service works, including: land for the construction of cultural, social, medical, educational and training, physical training and sports, science and technology, environment, meteorology and hydrology, diplomacy facilities, and other public service works or land for the construction of headquarters of other public service units;

d) Land for non-agricultural production and business, including: land in industrial zones, industrial clusters; land for trade and services; land for non-agricultural production facilities; land used for mining activities;

e) Land used for public purposes, including: land for transportation works; land for irrigation works; land for water supply and drainage works; land for disaster prevention and control works; land with historical and cultural relics, scenic spots, natural heritage; land for waste treatment works; land for energy works, public lighting; land for postal, telecommunications, and information technology infrastructure; land for local markets and wholesale markets; land for public playgrounds, entertainment areas, and community activities;

g) Land used for religious activities (hereinafter referred to as religious land); land used for belief activities (hereinafter referred to as belief land);

h) Land for cemeteries, funeral homes, cremation facilities; land for storing cremated remains;

i) Land with specialized water surface;

k) Other non-agricultural land.

4. Unused land is land whose purpose has not been determined and has not been allocated or leased.

5. The government shall stipulate in detail the types of land specified in this Article.

Article 10. Determination of land type

1. The determination of land type is based on one of the following grounds:

a) Land use right certificate; House ownership and residential land use right certificate; Certificate of land use rights, house ownership, and other assets attached to land; Certificate of land use rights and ownership of assets attached to land;

b) Documents on land use rights as prescribed in Article 137 of this Law in cases where the certificates specified in point a of this clause have not been issued;

c) Decision on land allocation, land lease, or permission to change the land use purpose by competent state agencies in cases where the certificates specified in point a of this clause have not been issued.

2. In cases where there are no documents specified in clause 1 of this Article, and in cases where the type of land specified in the issued documents differs from the land classification under this Law or differs from the actual land use status, the determination of the land type shall be carried out in accordance with the regulations of the Government.

Article 11. Acts Prohibited in the Field of Land

1. Encroaching on land, occupying land, destroying land.

2. Violating the provisions of the law on state management of land.

3. Violating land policies applicable to ethnic minority communities.

4. Exploiting positions or powers to act contrary to the provisions of the law on land management.

5. Failing to provide information or providing inaccurate land information, not meeting the legally required deadlines.

6. Failing to prevent or handle violations of land law.

7. Not complying with legal regulations when exercising the rights of land users.

8. Using land or conducting transactions on land use rights without registering with the competent authority.

9. Failing to fulfill or incompletely fulfilling financial obligations to the State.

10. Obstructing or causing difficulties in the use of land and in the exercise of the rights of land users according to the provisions of law.

11. Gender discrimination in the management and use of land.

Chapter II. POWERS AND RESPONSIBILITIES OF THE STATE, RIGHTS AND DUTIES OF CITIZENS REGARDING LAND

Section 1. POWERS AND RESPONSIBILITIES OF THE STATE AS THE REPRESENTATIVE OF LAND OWNERSHIP

Article 12. Land Ownership

Land belongs to the entire people and is represented by the State as the owner and managed uniformly. The State grants land use rights to land users in accordance with the provisions of this Law.

Article 13. Rights of the State as the representative of land ownership

1. Deciding on land use planning.

2. Determining land use purpose through land use planning, land use plans, allocation of land, leasing of land, recognition of land use rights, and permitting change of land use purpose.

3. Regulations on land use limits include limits on the allocation of agricultural land, limits on the allocation of residential land, limits on the recognition of residential land, and limits on acquiring the transfer of agricultural land use rights.

4. Decision on the land use term.

5. Decision on land recovery.

6. Decision on land requisition.

7. Decision to allocate land without collecting land use fees, allocation of land with collection of land use fees.

8. Decision to lease land with annual rent collection, lease land with one-time rent collection for the entire lease period.

9. Recognition of land use rights.

10. Regulate principles and methods of land valuation; issue land price lists and decide specific land prices.

11. Deciding financial policies regarding land; regulating the increase in land value that does not result from the investment of the land user.

12. Prescribing the rights and obligations of land users in accordance with the forms of land allocation, land lease, recognition of land use rights, origin of land use, and financial obligations of land users.

Article 14. The State exercises the rights of the owner of land

The State exercises the rights of the owner of land within the authority prescribed by this Law and other relevant laws through the following agencies:

1. The National Assembly, the Standing Committee of the National Assembly issues laws, ordinances, resolutions on land; decides on national land use planning; exercises the right of supervision over land management and use nationwide;

2. People's Councils at all levels shall exercise the right to approve the land use planning of their locality before submitting it to the competent authorities for approval; approve the land acquisition for the implementation of socio-economic development projects for the national and public interests of the locality within their authority; approve the conversion of land use purposes for rice land, special-use forest land, protection forest land, and production forest land within the authority prescribed by this Law; decide on the land price table; supervise the implementation of land law in the locality;

3. The Government and People's Committees at all levels shall exercise the rights of land ownership representation within the authority prescribed by this Law and other relevant laws.

Article 15. The State's responsibility towards land users

1. Implement policies to facilitate direct agricultural producers who do not have land for production due to the process of land use restructuring and economic restructuring to receive vocational training, career transition, and job seeking.

2. Issue Certificates of land use rights and ownership of assets attached to the land for land users when they meet the conditions prescribed by land law.

3. Carry out compensation, support, and resettlement according to the provisions of the law for landowners whose land is recovered when the State acquires land for national defense, security purposes; or for socio-economic development for national and public interests.

4. Propagate, disseminate, guide, and provide legal assistance according to the provisions of the law to land users in implementing policies, laws, and administrative procedures on land, and in exploiting information in the national land database.

5. Settling land disputes; handling complaints and denunciations about land.

Article 16. State responsibility for land regarding ethnic minority people

1. There are policies to ensure land for community activities for ethnic minority people in accordance with customs, habits, beliefs, cultural identity, and the actual conditions of each region.

2. There are policies to support land allocation for the first time to individuals who are ethnic minorities and belong to poor or near-poor households in areas with ethnic minority populations and mountainous regions, in accordance with customs, habits, beliefs, cultural identity, and the actual conditions of each region to ensure stable livelihoods as follows:

a) Allocate residential land within the limit and exempt or reduce land use fees;

b) Allowing the conversion of land use purposes to residential land within the allocated residential land limit and being exempted or reduced from land use fees for land originated from state allocation, lease, recognition, inheritance, donation, or transfer of land use rights in accordance with legal regulations;

c) Allocating agricultural land within the limit without collecting land use fees;

d) Leasing non-agricultural land that is not residential land for production and business purposes and being exempted or reduced from land lease fees;

đ) The area of land allocation and allowing the conversion of land use purposes specified in points a and b of this clause is counted toward the total area of land allocated by the State and the land allowed for conversion in the process of implementing land policies for ethnic minorities.

3. There is a policy to support land to ensure the stability of life for individuals who are ethnic minorities and have been allocated land or leased land by the State as stipulated in clause 2 of this Article, but now no longer have land or have insufficient land compared to the land limit and belong to poor or near-poor households in ethnic minority and mountainous areas as follows:

a) In cases where there is no residential land left, additional residential land shall be allocated, the conversion of land use purpose to residential land within the residential land allocation limit shall be allowed, and land use fees shall be exempted or reduced. In cases where there is insufficient residential land, the conversion of land use purpose to residential land within the residential land allocation limit shall be allowed, and land use fees shall be exempted or reduced;

b) In cases where there is no agricultural land or insufficient agricultural land, additional agricultural land shall be allocated within the limit without charge, or non-agricultural land that is not residential land shall be leased for production and business purposes, and the land lease fees shall be exempted or reduced.

4. Land for implementing the policies specified in Clauses 1, 2, and 3 of this Article shall be allocated from the land fund managed by state agencies or organizations, or from the land fund recovered according to the provisions in Clause 29, Article 79 of this Law.

5. The provincial-level People's Committee, based on the actual situation and the local land fund, shall decide the area of land to be allocated or leased to implement the land support policy for individuals who are ethnic minorities according to the provisions in Clause 3 of this Article.

6. The provincial-level People's Committee shall submit to the corresponding People's Council to promulgate local land policies for ethnic minorities living in the area in accordance with the local actual conditions and organize their implementation.

7. Annually, the commune-level People's Committee shall review and report to the district-level People's Committee on cases where there is no more, insufficient, or no land to allocate or lease according to the provisions in clauses 2 and 3 of this Article; cases of violations of land policies regarding ethnic minorities; cases where land has been allocated or leased by the State according to the provisions in clause 3 of this Article but is no longer needed for use, requiring land recovery to continue implementing land policies for ethnic minorities as stipulated in this Article.

8. The funds for implementing compensation, support, and resettlement for land recovery as prescribed in Clause 29, Article 79 of this Law; funds for surveying, making cadastral records, issuing Certificates of land use rights, ownership of assets attached to land, and other costs for implementing land policies for ethnic minorities shall be allocated from the state budget and other lawful sources according to the provisions of law.

9. The Government shall provide detailed regulations on this.

Article 17. State guarantees for land users

1. The State protects the land use rights and lawful assets attached to the land of land users.

2. The State does not recognize the reclamation of land that has been allocated by the State for others to use during the implementation of land policies of the Democratic Republic of Vietnam, the Provisional Revolutionary Government of the Republic of South Vietnam, and the Socialist Republic of Vietnam.

Article 18. State responsibility in providing land information

1. Ensure the access rights of land users and other organizations and individuals to the National Land Information System in accordance with the law; priority shall be given to choosing forms suitable to the customs, practices, and traditional culture of each ethnic group and each region.

2. Timely announce and publicly disclose information belonging to the National Land Information System to land users and other organizations and individuals, except for information classified as state secrets according to legal regulations.

3. Notify administrative decisions and administrative acts in the field of land management to land users and other organizations and individuals whose legal rights and interests are affected.

Article 19. Role and responsibility of the Vietnam Fatherland Front and its member organizations in land management and use

1. The Central Committee of the Vietnam Fatherland Front participates in lawmaking, conducts social criticism on draft legal documents on land, draft planning, national land use plans, and projects using land approved by the National Assembly and the Prime Minister as long as the investment policy is approved.

2. The Vietnam Fatherland Front Committees at all levels have the following responsibilities:

a) Participate in the formulation of laws; carry out social oversight of draft legal documents on land, draft land use plans at the same level, and land use projects decided by the People's Council, People's Committee at the same level, approving investment policies;

b) Give opinions on cases of land recovery, compensation, support, resettlement plans, and cases of coercion during land recovery;

c) Give opinions and supervise the process of constructing land price tables and the implementation of land price tables;

d) Participate in mediating land disputes in accordance with the law;

e) Supervise the implementation of policies and laws on land recovery, land requisition; on compensation, support, and resettlement; on land allocation, land lease, conversion of land use purposes; on the issuance of certificates of land use rights and ownership of assets attached to the land.

3. The Vietnam Fatherland Front and its member organizations are responsible for propagating and disseminating policies and laws on land to the people, and mobilizing the people to implement and comply well with policies and laws on land.

Section 2. STATE MANAGEMENT OF LAND

Article 20. Contents of state management of land

1. Issue and organize the implementation of legal normative documents on land management and use.

2. Propagate, disseminate, educate, train, conduct scientific research, develop technology, and engage in international cooperation in land management and use.

3. Determine the boundaries of administrative units, and establish and manage records of administrative unit boundaries.

4. Surveying, adjusting, compiling cadastral maps, current land use maps, land use planning maps, and specialized maps for land management and use.

5. Investigating, assessing, protecting, improving, and restoring land.

6. Developing, adjusting, and managing land use plans and planning.

7. Allocating land, leasing land, reclaiming land, recognizing land use rights, requisitioning land, and changing the purpose of land use.

8. Investigating, establishing land price tables, specific land prices, and managing land prices.

9. Managing land-related finances.

10. Compensation, support, and resettlement when the State recovers or requisitions land.

11. Developing, managing, and exploiting the land fund.

12. Land registration, compiling and managing cadastral records; issuing, correcting, reclaiming, and canceling certificates.

13. Land statistics and inventory.

14. Building, managing, operating, and exploiting the National Land Information System.

15. Manage and supervise the exercise of rights and obligations of land users.

16. Resolve land disputes; handle complaints and denunciations regarding land.

17. Provide and manage public service activities related to land.

18. Inspect, examine, supervise, monitor, and evaluate compliance with land law regulations and handle violations of land law.

Article 21. Duties and powers of the Government, the Prime Minister, Ministries, ministerial-level agencies, and local authorities at all levels

1. The Government unifies state management of land nationwide.

2. The Prime Minister performs state management tasks on land in accordance with the provisions of this Law.

3. The Ministry of Natural Resources and Environment is the focal agency to assist the Government and the Prime Minister in performing state management of land.

4. Ministries and ministerial-level agencies, within the scope of their duties and powers, are responsible for assisting the Government and the Prime Minister in state management of land.

5. Local authorities at all levels are responsible for state management of land in their localities according to the authority prescribed by this Law.

In district-level administrative units where there is no establishment of commune-level administrative units, the People's Council and the People's Committee at the district level shall perform the duties and exercise the powers of the People's Council and the People's Committee at the commune level as prescribed by this Law.

Article 22. Agencies with land management functions and civil servants performing land administration work at the commune level

1. The system of agencies with land management functions is organized uniformly at both central and local levels.

2. The agency with state management functions over land at the central level is the Ministry of Natural Resources and Environment.

3. Agencies with land management functions at the local level are established at the provincial and district levels.

4. Organize public services related to land, including organizing land registration, organizing the development of the land fund, and other public service organizations established and operating according to the regulations of the Government.

5. The commune-level People's Committee has civil servants working in land administration in accordance with the Law on Cadres and Civil Servants. Civil servants working in land administration are responsible for assisting the commune-level People's Committee in managing land in the locality.

Section 3. RIGHTS AND OBLIGATIONS OF CITIZENS REGARDING LAND

Article 23. Rights of citizens to land

1. Participate in building, contributing opinions, and supervising the improvement and implementation of policies and laws on land.

2. Participate in state management, provide feedback, discuss and make recommendations, reflect to state agencies on the management and use of land.

3. The right to equality, gender equality in the management and use of land.

4. Participate in land use right auctions, tender selection of investors to carry out projects using land in accordance with the law; propose that the State allocate land, lease land without auctioning land use rights, without tendering to select investors to carry out projects using land in accordance with the law.

5. Receive transfer, receive donation, inherit, receive capital contribution, lease land use rights; buy, sell, receive transfer of shares, capital contributions as the value of land use rights in accordance with the law.

6. Exercise the rights of land users as prescribed by this Law.

Article 24. Right to access land information

1. Citizens have the right to access the following land information:

a) Land use planning, plans, and other planning related to land use that have been decided and approved by the competent state authorities;

b) Results of land statistics and land inventory;

c) Land allocation and land lease;

d) Land price table that has been announced;

e) Compensation, support, and resettlement plans when the State recovers land that have been approved by the competent authorities;

f) Results of inspection, examination, and resolution of land disputes; results of handling complaints and denunciations about land, results of handling violations of land laws;

g) Administrative procedures regarding land;

h) Legal normative documents on land;

i) Other land information as prescribed by law.

2. Access to land information shall be carried out in accordance with the provisions of this Law, the law on information access, and other relevant legal regulations.

Article 25. Citizens' obligations regarding land

1. Comply with the provisions of the law on land.

2. Preserve, protect, and develop land resources.

3. Respect the land use rights of other land users.

Chapter III. RIGHTS AND OBLIGATIONS OF LAND USERS

Section 1. GENERAL PROVISIONS

Article 26. General rights of land users

1. To be granted a Certificate of land use rights and ownership of assets attached to the land when meeting the conditions prescribed by land law.

2. To enjoy the fruits of labor and the results of investment on legally used land.

3. To enjoy benefits when the State invests in protecting, rehabilitating, and developing agricultural land.

4. To be guided and assisted by the State in the renovation and recovery of agricultural land.

5. To be protected by the State when others infringe upon their lawful land rights and interests.

6. To have the right to change the land use purpose according to the provisions of this Law and other relevant legal regulations.

7. To be compensated, supported, and resettled when the State recovers land in accordance with the provisions of this Law.

8. Complaining, denouncing, filing lawsuits regarding acts that violate one's lawful land use rights and other acts that violate land laws.

Article 27. The right to exchange, transfer, lease, sublease, inherit, donate land use rights; mortgage, contribute capital with land use rights

1. Land users are entitled to exercise the rights to exchange, transfer, lease, sublease, inherit, donate land use rights; mortgage, contribute capital with land use rights in accordance with the provisions of this Law and other relevant laws.

2. The group of people who share land use rights shall have the following rights and obligations:

a) The group of land users, including household members and individuals, shall have the rights and obligations as the rights and obligations of individuals according to the provisions of this Law.

In the case where a member of the group of land users is an economic organization, it has the rights and obligations as the rights and obligations of an economic organization according to the provisions of this Law;

b) In the case of a group of land users where the land use rights can be divided by portion for each member of the group, if each member of the group wishes to exercise the rights over their portion of land use rights, they must carry out registration of changes or land plot separation according to regulations, complete the procedures for the issuance of the Land Use Rights Certificate, ownership of assets attached to the land, and be allowed to exercise the rights and obligations of land users in accordance with the provisions of this Law.

In cases where the land use rights of a group of land users cannot be divided by portion, the members shall jointly exercise or authorize a representative to exercise the rights and obligations of the group of land users.

3. The notarization and authentication of contracts and documents to exercise the rights of land users shall be carried out as follows:

a) Contracts for transfer, donation, mortgage, or contribution of capital by land use rights, land use rights and assets attached to the land must be notarized or authenticated, except in cases specified in point b of this clause;

b) Contracts for leasing, subleasing land use rights, land use rights and assets attached to the land, contracts for converting agricultural land use rights; contracts for transferring, contributing capital with land use rights, land use rights and assets attached to the land, assets attached to the land where one or more parties participating in the transaction are real estate business organizations, notarized or certified at the request of the parties.

c) Documents regarding inheritance of land use rights, land use rights and assets attached to the land, notarized or certified according to civil law;

d) Notarization and certification are carried out in accordance with the provisions of the law on notarization and certification.

Article 28. Acquiring land use rights

1. Persons receiving land use rights are stipulated as follows:

a) Individuals allowed to receive the conversion of land use rights as specified in point b, clause 1, Article 37 of this Law;

b) Economic organizations and individuals are allowed to receive the transfer of land use rights;

c) Economic organizations with foreign investment, Vietnamese people residing abroad who are permitted to enter Vietnam are allowed to receive the transfer of land use rights in industrial zones, industrial clusters, and high-tech zones;

d) Economic organizations with foreign investment are allowed to receive the transfer of investment capital in the form of the value of land use rights according to the provisions of the Government;

dd) Economic organizations, economic organizations with foreign investment receiving capital contributions in the form of land use rights;

e) Domestic organizations, individuals, and community residences are allowed to receive donated land use rights according to the provisions of this Law;

g) Domestic organizations, individuals, and community residences are allowed to receive inherited land use rights;

h) Vietnamese people residing abroad who are allowed to enter Vietnam can buy or lease-purchase houses attached to residential land use rights, receive residential land use rights in housing development projects; inherit residential land use rights and other types of land within the same plot of land with a house in accordance with civil law; receive gifts of houses attached to residential land use rights from persons entitled to inherit according to civil law;

i) Domestic organizations, individuals, residential communities, religious organizations, subordinate religious organizations, and Vietnamese people residing abroad can be allocated land by the State; economic organizations with foreign investment can be allocated land by the State to implement housing construction projects for sale or for sale combined with rental.

k) Economic organizations, public service units, religious organizations, affiliated religious organizations, individuals, Vietnamese expatriates, foreign-invested economic organizations, foreign organizations with diplomatic functions allowed by the State to lease land;

l) Domestic organizations, individuals, residential communities, religious organizations, and religious organizations under the State-recognized land use rights for land that is being used stably;

m) Domestic organizations, individuals, and people of Vietnamese origin residing abroad are allowed to enter Vietnam, foreign-invested economic organizations are permitted to receive land use rights according to the results of successful mediation of land disputes recognized by the competent-level People's Committee; agreements in mortgage contracts for debt settlement; decisions of competent state authorities on resolving land disputes, complaints, denunciations regarding land, judgments, decisions of the Court, enforcement decisions of the enforcement agency that have been executed; decisions or rulings of the Vietnam Commercial Arbitration; documents recognizing the results of land use rights auctions in accordance with the law; documents regarding the division or separation of land use rights in accordance with the law for a group of land users who share land use rights;

n) Residential communities, religious organizations, and affiliated religious organizations may receive land use rights according to the results of reconciliation of land disputes recognized by the People's Committee of the competent authority; decisions of competent state agencies on resolving land disputes, complaints, denunciations about land, court judgments and decisions, enforcement decisions of the execution agency that have been carried out; decisions or awards of the Vietnam Commercial Arbitration;

o) Domestic organizations that are new legal entities formed through division, separation, merger, consolidation, or organizational model conversion according to the decision of a competent authority or organization, or documents regarding the division, separation, merger, consolidation, or organizational model conversion of an economic organization in accordance with the law, may receive land use rights from the organizations that are legal entities being divided, separated, merged, consolidated, or converted.

2. Domestic organizations and individuals receiving the transfer of land use rights under the provisions of law are not dependent on their place of residence or the location of their head office, except in cases specified in Clause 8, Article 45, and Article 48 of this Law.

3. For areas with restricted access to land, the acquisition of land use rights prescribed in clauses 1 and 2 of this Article shall be carried out according to the procedures and processes prescribed by the Government.

Article 29. Rights concerning adjacent land plots

1. Rights concerning adjacent land plots include rights related to passage; water supply and drainage; irrigation and drainage in cultivation; gas supply; installation of electricity lines, telecommunications, and other necessary needs as prescribed by law.

2. Establishing, changing, or terminating rights concerning adjacent land plots shall be carried out in accordance with civil law regulations; at the same time, registration must be performed in accordance with Article 133 of this Law in cases involving rights to passage; water supply and drainage; irrigation and drainage in cultivation.

Article 30. The right to choose the form of land lease payment

1. Economic organizations, public service units, individuals, Vietnamese-origin people residing abroad, and economic organizations with foreign-invested capital that are currently leased land by the State with annual land rental payments, but fall under the cases where the State leases land with a one-time land rental payment for the entire lease period as prescribed by this Law, may choose to switch to paying land rent in a one-time payment for the remaining lease period. The land price must be re-evaluated to calculate the land rent at the time of the decision allowing the switch to a one-time payment for the entire lease period as prescribed by this Law.

2. Economic organizations, individuals, Vietnamese nationals residing abroad, and economic organizations with foreign-invested capital that are currently leased land by the State with a one-time land rent payment for the entire lease period may choose to switch to annual land rent payments. The land rent already paid will be deducted from the annual land rent payable as prescribed by the Government.

3. Public service units assigned land by the State without land use fees, but that need to use part or all of the allocated area for production, business, or service provision, may choose to switch to the form of State-leased land with annual land rent payment for that area.

Article 31. General obligations of land users

1. Use land for the correct purpose, within the correct land plot boundaries, in accordance with regulations on underground usage depth and above-ground height, protect public works underground, and comply with other relevant legal regulations.

2. Perform land registration declarations; complete all procedures when converting, transferring, leasing, subleasing, inheriting, gifting land use rights, mortgaging, or contributing capital with land use rights as prescribed by law.

3. Fulfill financial obligations concerning land in accordance with legal regulations.

4. Implement measures to protect the land; handle, rehabilitate, and restore land in areas polluted or degraded due to one's actions.

5. Comply with environmental protection regulations, and do not harm the property and lawful interests of related land users.

6. Comply with legal regulations regarding finding objects underground.

7. Return the land when the State has a decision to recover the land according to the provisions of the law.

Section 2. RIGHTS AND OBLIGATIONS OF DOMESTIC ORGANIZATIONS, RELIGIOUS ORGANIZATIONS, AFFILIATED RELIGIOUS ORGANIZATIONS USING LAND

Article 32. Rights and obligations of domestic organizations, religious organizations, and affiliated religious organizations granted land by the State without paying land use fees

1. Domestic organizations, religious organizations, and affiliated religious organizations granted land by the State without paying land use fees have the rights and obligations generally prescribed in Articles 26 and 31 of this Law.

2. Domestic organizations, religious organizations, and affiliated religious organizations granted land by the State without paying land use fees do not have the right to convert, transfer, donate, lease land use rights, mortgage, or contribute capital with land use rights.

Article 33. Rights and obligations of domestic organizations granted land by the State with land use fees or leased land with a payment of land rent in a lump sum for the entire lease term

1. Economic organizations granted land by the State with payment of land use fees or leased land with a payment of land rent in a lump sum for the entire lease term have the following rights and obligations:

a) General rights and obligations prescribed in Articles 26 and 31 of this Law;

b) Transferring the right to use land and assets owned by oneself attached to the land;

c) Leasing the right to use land and assets owned by oneself attached to the land in cases where the State allocates land with land use levy; subleasing the right to use land and assets owned by oneself attached to the land in cases where the State leases land with a one-time land lease payment for the entire lease term;

d) Donating the right to use land to the State; donating the right to use land to the community to build works serving the common interest of the community or expanding traffic roads according to the planning; donating the right to use land to build gratitude houses, charity houses, solidarity houses attached to the land as prescribed by law;

d) Mortgage the land use rights and assets owned by itself attached to the land at credit institutions allowed to operate in Vietnam, at other economic organizations, or individuals according to the provisions of law;

e) Contribute capital with land use rights and assets owned by itself attached to the land to domestic organizations, individuals, overseas Vietnamese, or economic organizations with foreign-invested capital according to the provisions of law.

2. Public service units that are leased land by the State with a one-time payment for the entire lease period to invest in building and operating industrial park infrastructure, industrial clusters as prescribed in Clause 2, Article 202 of this Law shall have the rights and obligations prescribed in Clause 1 of this Article.

3. Domestic organizations allocated land by the State with land use fees, or leased land with a one-time payment for the entire lease term but exempted or reduced in land use fees or land lease fees, shall have the following rights and obligations as prescribed:

a) In cases where the State allocates land for the implementation of social housing projects, housing for the people's armed forces, or projects for renovating and rebuilding apartment buildings, and the land use fees are exempted or reduced, the rights and obligations are the same as in cases where the land use fees are not exempted or reduced;

b) Domestic organizations granted land by the State with land use fees, or renting land with a one-time payment for the entire lease period to carry out an investment project for business purposes, and are exempted or reduced land use fees or land lease fees, shall have rights and obligations as in the case of not being exempted or not being reduced land use fees or land lease fees; in the case of transferring or contributing capital through land use rights, they must pay the State an amount corresponding to the land use fees or land lease fees that have been exempted or reduced at the time of land allocation, lease, or land use purpose conversion, except where relevant laws provide otherwise.

Article 34. Rights and obligations of economic organizations, public service units, religious organizations, and subordinate religious organizations using land leased from the State with annual land use fees.

1. Economic organizations, religious organizations, and affiliated religious organizations that are leased land by the State and pay annual land rent have the following rights and obligations:

Amended and supplemented provisions:

a) General rights and obligations prescribed in Articles 26 and 31 of this Law;

b) Mortgage their own assets attached to the land at credit institutions permitted to operate in Vietnam, at other economic organizations, or individuals according to the provisions of the law;

c) Sell their own assets attached to the land, sell their own assets attached to the land and lease rights in a land lease contract when meeting the conditions specified in Article 46 of this Law. The buyer of assets attached to the land and lease rights in the land lease contract may continue to lease the land for the designated purpose and for the remaining land use term, and inherit the rights and obligations of the land user in accordance with the provisions of this Law and other relevant legal regulations;

d) Contribute capital using assets owned by oneself attached to the land during the land lease term; the person receiving the capital contribution with assets will continue to be leased land by the State for the purpose determined within the remaining term;

d) Lease assets owned by oneself attached to the land and the lease rights in the land lease contract;

e) Sublease land use rights in the form of annual land lease payments for land where infrastructure has been completed in cases where it is allowed to invest in building business infrastructure for industrial parks, industrial clusters, and high-tech zones; the sublessee must use the land for the correct purpose and fulfill financial obligations as prescribed by law.

2. Public non-business units that are leased land by the State and pay annual land rent, and are not cases of using land for investing and constructing industrial park or industrial cluster infrastructure as prescribed in Clause 2, Article 202 of this Law, shall have the rights and obligations stipulated in Clause 1 of this Article, except for the right to sell, the right to mortgage, the right to contribute capital with assets attached to the land, and the right to lease in the land lease contract. The exploitation and use of land funds that have been leased by the State in combination with other purposes shall be carried out according to the following provisions:

a) For land of public service units that is leased from the State, they are allowed to proactively exploit and use it for multiple purposes according to a plan approved by the governing authority, in accordance with the provisions of this Law and relevant laws; in case of investment in construction works on the land, it must comply with construction law. The exploitation and use of land for multiple purposes must be accounted for in accordance with legal regulations;

b) For land currently used by public service units that have the need to lease, form joint ventures, or cooperate with economic organizations, a proposal for the use of public assets for the purpose of leasing, joint ventures, or cooperation must be approved by the competent authority in accordance with the law on management and use of public assets.

3. Economic organizations and public service units that use land leased from organizations and individuals outside industrial zones, industrial clusters, and high-tech parks have rights and obligations in accordance with civil law provisions.

Article 35. Rights and obligations of economic organizations receiving the transfer of land use rights or changing the purpose of land use

1. Economic organizations receiving the transfer of land use rights or changing the purpose of land use have the general rights and obligations stipulated in Articles 26 and 31 of this Law.

2. Economic organizations receiving the transfer of land use rights originating from land allocated by the State with land use fees or land leased by the State with a one-time payment for the entire lease term have the rights and obligations stipulated in Clause 1 and Clause 3, Article 33 of this Law.

3. Economic organizations receiving the transfer of agricultural land use rights under the provisions of the law have the following rights and obligations:

a) In the case of receiving a land transfer without changing the land use purpose, there are the rights and obligations prescribed in Clause 1 and Clause 3 of Article 33 of this Law;

b) In the case of receiving a land transfer and changing the land use purpose, if it falls under the case of land allocated by the State with land use levy or leased land with a one-time land rental payment for the entire lease period, there are the rights and obligations prescribed in Clause 1 and Clause 3 of Article 33 of this Law;

c) In the case of receiving a land transfer and changing the land use purpose, if it falls under the case of land leased by the State with annual land rental payment, there are the rights and obligations prescribed in Clause 1 of Article 34 of this Law.

4. The rights and obligations of an economic organization using land allowed by the competent state authority to change the land use purpose from land without land use levy to land with land use levy or leased land are stipulated as follows:

a) In the case where the State allocates land with land use fee collection or leases land collecting the land rent in a one-time payment for the entire lease period, it shall have the rights and obligations prescribed in Clause 1 and Clause 3 of Article 33 of this Law;

b) In the case where the State leases land with annual land rent collection, it shall have the rights and obligations prescribed in Clause 1 of Article 34 of this Law.

Article 36. Rights and obligations of economic organizations receiving capital contribution in the form of land use rights; land use rights of economic organizations upon dissolution or bankruptcy

1. Economic organizations receiving capital contribution in the form of land use rights from individuals or other economic organizations shall have the rights and obligations prescribed in Article 33 of this Law in the following cases:

a) Land of an economic organization contributing capital that originates from being allocated by the State with land use fees or being leased by the State with a one-time land rental fee for the entire lease term, or from acquiring land use rights through transfer;

b) Land of individuals contributing capital that is not land leased by the State with annual land rental fees.

2. The land use rights of cooperatives and cooperative unions upon dissolution or bankruptcy shall be implemented according to the following provisions:

a) For land allocated by the State without land use fees; land allocated by the State with land use fees, leased land, land acquired through purchasing assets attached to the land, or acquiring lawful land use rights from others, if the land use fees, rental fees, the payment for assets attached to the land, or the payment for acquiring land use rights are subsidized by the State, then the State shall recover that land according to the provisions of this Law and the laws on cooperatives;

b) For land allocated by the State with land use fees, leased land with payment for the lease for the entire lease term, purchased land-attached assets, or legally transferred land use rights from others where the land use fees, lease fees, purchase fees of assets attached to land, and fees for the transfer of land use rights do not originate from State support; land contributed to cooperatives or cooperative unions by members, the State shall not recover the land, and the land use rights belong to the cooperatives or cooperative unions and shall be handled according to the charter of the cooperatives or cooperative unions and the resolutions of the members' assembly.

3. The land use rights of an economic organization that is a business when it is dissolved or bankrupt are handled in accordance with the provisions of the law on enterprises, the law on bankruptcy, and other relevant legal provisions.

Section 3. RIGHTS AND OBLIGATIONS OF INDIVIDUALS AND COMMUNITY RESIDENTS USING LAND

Article 37. Rights and obligations of individuals using land

1. Individuals using agricultural land allocated by the State within the limits; land allocated by the State with land use fees, leased land with a one-time rental fee for the entire lease period, and land recognized by the State with land use rights; land received through conversion, transfer, donation, or inheritance have the following rights and obligations:

a) General rights and obligations prescribed in Articles 26 and 31 of this Law;

b) Exchange agricultural land use rights with other individuals;

c) Transfer land use rights, and assets owned by themselves attached to the land according to the law;

d) Lease land use rights and assets owned by themselves attached to the land to organizations, other individuals, or overseas Vietnamese investing in Vietnam;

d) Individuals using land have the right to inherit land use rights and assets owned by themselves attached to their land according to a will or according to the law.

In the case where the heir is a person of Vietnamese origin residing abroad who falls under the subjects specified in Clause 1, Article 44 of this Law, they shall be entitled to inherit the land use rights; if they do not fall under the subjects specified in Clause 1, Article 44 of this Law, they shall be entitled to the value of that inheritance portion;

e) Donate the land use rights to the State; donate the land use rights to the community for the construction of works serving the common interests of the community or to expand traffic roads according to the planning; donate the land use rights to build gratitude houses, charity houses, or great solidarity houses attached to the land according to the provisions of law; donate the land use rights, property owned by oneself attached to the land to individuals or Vietnamese people residing abroad who fall under the subjects specified in Clause 1, Article 44 of this Law;

g) Mortgage the land use rights, property owned by oneself attached to the land at credit institutions permitted to operate in Vietnam, at other economic organizations, or individuals in accordance with the provisions of law;

h) Contributing capital through land use rights, assets owned by oneself attached to the land to an organization, contributing land use rights to an individual or to a Vietnamese person residing abroad for cooperation in production or business.

2. Individuals who are leased land by the State with annual land rent have the following rights and obligations:

a) General rights and obligations prescribed in Articles 26 and 31 of this Law;

b) Sell assets owned by oneself attached to the land, sell assets owned by oneself attached to the land and lease rights under the land lease contract when meeting the conditions prescribed in Article 46 of this Law. The buyer of assets attached to the land and lease rights under the land lease contract is entitled to continue leasing the land for the already determined purpose and for the remaining land use term according to the already determined purpose; to inherit the rights and obligations of the land user in accordance with the provisions of this Law and relevant laws;

c) To inherit or donate assets owned by oneself attached to land and lease rights in a land lease contract; the inheritor or the recipient of the donated assets and lease rights in the land lease contract shall be allowed by the State to continue leasing the land for the previously determined purpose;

d) To lease assets owned by oneself attached to land, or sublease the lease rights in the land lease contract;

đ) To mortgage assets owned by oneself attached to land at credit institutions permitted to operate in Vietnam, or at other economic organizations or individuals in accordance with the law;

e) To contribute capital with assets owned by oneself attached to land during the land lease term to organizations, individuals, or Vietnamese-origin people residing abroad; the recipient of the capital contribution using these assets shall be allowed by the State to continue leasing the land for the previously determined purpose during the remaining lease term.

3. Individuals who lease land within industrial parks, industrial clusters, or high-tech zones have the following rights and obligations:

a) In the case of land lease or sublease with a one-time payment for the entire lease period, they have the rights and obligations prescribed in Clause 1 of this Article;

b) In the case of land lease or sublease with annual lease payments, they have the rights and obligations prescribed in Clause 2 of this Article.

4. Individuals allocated land or leased land by the State who are exempted or reduced in land use fees or land lease fees have rights and obligations as in the case of those who are not exempted or reduced in land use fees or land lease fees.

5. Individuals using land leased from organizations or individuals not prescribed in Clause 3 of this Article have rights and obligations according to civil law regulations.

Article 38. Rights and obligations of individuals converting land use purpose from land without land use fee to land with land use fee or leased land

1. Individuals are allowed to convert land use purpose from land allocated by the State without land use fee to land allocated by the State with land use fee or leased land by the State with the rights and obligations as prescribed in Articles 26 and 31 of this Law.

2. Individuals using land who are permitted by competent state authorities to convert land use purpose from land allocated by the State without land use fee to land allocated by the State with land use fee or leased land by the State have the following rights and obligations:

a) In the case of land allocation with land use fee or land lease with a one-time payment for the entire lease period, they have the rights and obligations stipulated in Clause 1, Article 37 of this Law;

b) In cases where the State leases land and collects annual land rental fees, they shall have the rights and obligations stipulated in Clause 2, Article 37 of this Law.

Article 39. Rights and obligations of local communities using land

1. Local communities using land have the general rights and obligations prescribed in Articles 26 and 31 of this Law.

2. Local communities using land have the rights and obligations similar to the rights and obligations of individuals with corresponding forms of land use, except the right to inheritance.

In cases where local communities are allocated land by the State without paying land use fees or recognized as having land use rights in the form of land allocation without paying fees, they do not have the right to convert, transfer, donate, lease land use rights, or use them as collateral or contribute as capital using land use rights.

Section 4. RIGHTS AND OBLIGATIONS OF FOREIGN ORGANIZATIONS WITH DIPLOMATIC FUNCTIONS, VIETNAMESE CITIZENS RESIDING ABROAD, AND ECONOMIC ORGANIZATIONS WITH FOREIGN INVESTMENT USING LAND

Article 40. Rights and obligations of foreign organizations with diplomatic functions

1. Foreign organizations with diplomatic functions using land in Vietnam have the following rights and obligations:

a) General rights and obligations prescribed in Articles 26 and 31 of this Law;

b) Construct buildings on the land according to permits from competent Vietnamese state agencies;

c) Own buildings they construct on leased land during the lease term;

d) The return of land or transfer of land use rights by foreign organizations with diplomatic functions when they no longer need to use the land for the purpose for which it was leased shall be conducted in accordance with international treaties, international agreements, and provisions of the law.

2. In cases where an international treaty to which the Socialist Republic of Vietnam is a member provides otherwise, foreign organizations with diplomatic functions shall have rights and obligations according to that international treaty.

Article 41. Rights and obligations of Vietnamese people residing abroad, foreign-invested economic organizations using land to implement investment projects in Vietnam

1. Vietnamese people residing abroad who invest in Vietnam shall be allocated land with land use fee by the State and have the rights and obligations prescribed in Clause 1, Article 33 of this Law.

2. Vietnamese people residing abroad and foreign-invested economic organizations shall be leased land with annual land rental payments by the State and have the following rights and obligations:

a) General rights and obligations prescribed in Articles 26 and 31 of this Law;

b) Mortgage assets owned by themselves attached to the land at credit institutions permitted to operate in Vietnam;

c) Contribute capital through assets owned by oneself attached to the land during the land lease term; the recipient of the capital contribution through assets shall continue to be leased land by the State according to the purpose specified during the remaining term;

d) Sell assets owned by oneself attached to the land, sell assets owned by oneself attached to the land and the lease rights in the land lease contract when meeting the conditions prescribed in Article 46 of this Law. The buyer of the assets attached to the land and the lease rights in the land lease contract shall continue to lease the land according to the specified purpose and remaining land use term, having the rights and obligations of land users as stipulated by this Law and the relevant laws;

d) Lease assets owned by oneself attached to the land and the lease rights in the land lease contract;

e) Subleasing land use rights in the form of annual land lease payments for land where infrastructure has been completed, in cases where investment in infrastructure construction for business purposes on industrial zones, industrial clusters, and high-tech zones is permitted; the subleasee must use the land for the proper purpose and fulfill financial obligations according to regulations.

3. Vietnamese nationals residing abroad, and foreign-invested economic organizations granted land by the State with a one-time land lease payment for the entire lease period; foreign-invested economic organizations allocated land by the State with land use fees to implement a project have the following rights and obligations:

a) General rights and obligations prescribed in Articles 26 and 31 of this Law;

b) Transfer land use rights and assets owned by themselves attached to the land within the land use period;

c) Lease or sublease the right to use land and assets owned by oneself attached to the land for the duration of the land use term;

d) Mortgage the right to use land and assets owned by oneself attached to the land at credit institutions permitted to operate in Vietnam;

d) Contribute capital by the right to use land and assets owned by oneself attached to the land.

4. An economic organization with foreign investment that uses land formed from foreign investors purchasing shares or capital contributions shall have the rights and obligations stipulated in Clauses 2 and 3 of this Article corresponding to the forms of paying land use fees or paying land rent.

5. Overseas Vietnamese, and foreign-invested economic organizations using land to implement investment projects in Vietnam, which are allocated land by the State or lease land with a one-time payment for the entire lease term but are exempted or reduced in land use fees or land rental fees, shall have the rights and obligations prescribed in Clause 3, Article 33 of this Law.

Article 42. Rights and obligations of foreign-invested economic organizations currently using land by contributing capital in the form of land use rights

1. Foreign-invested economic organizations that receive capital contributions in the form of land use rights originating from land allocated by the State with land use fees, or land leased with a one-time payment for the entire lease term, shall have the rights and obligations prescribed in Clause 3, Article 41 of this Law.

2. Economic organizations with foreign investment converted from joint venture enterprises where the Vietnamese side contributes capital in the form of land use rights shall have the following rights and obligations:

a) The rights and obligations prescribed in Clause 2, Article 41 of this Law for cases where the land use rights received as a capital contribution previously are not subject to being used for implementing housing investment projects for sale, and foreign-invested economic organizations are leased land by the State with annual land rent payment in accordance with the provisions of this Law;

b) The rights and obligations prescribed in Clause 3, Article 41 of this Law for cases where the land use rights received as a capital contribution previously are not subject to being used for implementing housing investment projects for sale, and foreign-invested economic organizations are leased land by the State with a one-time payment for the entire lease period in accordance with the provisions of this Law;

c) The rights and obligations stipulated in Clause 3, Article 41 of this Law in the case where the land use rights received as capital contribution earlier are used to implement housing investment projects for sale, and foreign-invested economic organizations are allocated land by the State with land use fees according to the provisions of this Law.

3. State-owned enterprises that were leased land by the State before July 1, 2004, and use the value of land use rights as part of the state budget allocated to the enterprise, without having to record a debt and without having to repay land rental fees under the provisions of land law, as capital contribution to a joint venture with a foreign organization or foreign individual, then the joint venture enterprise has the rights and obligations stipulated in Clauses 1 and 3, Article 33 of this Law. The value of land use rights is the portion of capital contributed by the State to the joint venture enterprise.

Article 43. Rights and obligations of overseas Vietnamese and foreign-invested economic organizations using land in industrial zones, industrial clusters, and high-tech zones

1. Overseas Vietnamese who acquire the transfer of land use rights in industrial zones, industrial clusters, and high-tech zones have the rights and obligations stipulated in Clause 1 and Clause 3 of Article 33 of this Law.

2. Overseas Vietnamese and foreign-invested economic organizations that lease or sublease land in industrial zones, industrial clusters, and high-tech zones have the following rights and obligations:

a) In the case of paying the land lease fee in a lump sum for the entire lease term, or paying the sublease fee in a lump sum for the entire sublease term, they have the rights and obligations stipulated in Clause 1 and Clause 3 of Article 33 of this Law;

b) In the case of annual land lease payments or land sublease, they have the rights and obligations prescribed in Clause 1, Article 34 of this Law.

Article 44. Rights and obligations regarding the use of residential land of overseas Vietnamese are allowed to own houses in Vietnam; foreigners or overseas Vietnamese who are not in the subject group are not entitled to own houses attached to the use rights of residential land in Vietnam.

1. Overseas Vietnamese permitted to enter Vietnam are allowed to own houses attached to the use rights of residential land in Vietnam; they have the right to use residential land acquired through the transfer of land use rights in housing development projects.

2. Overseas Vietnamese falling within the subjects specified in Clause 1 of this Article have the following rights and obligations:

a) General rights and obligations prescribed in Articles 26 and 31 of this Law;

b) Transfer the right to use residential land when selling, giving away, bequeathing, or exchanging housing to organizations, individuals, or Vietnamese-origin people settled abroad who are eligible to own houses in Vietnam; giving away houses attached to the right to use residential land to the State, communities, or as charitable houses, benevolent houses, or solidarity houses. In cases of giving away or bequeathing to subjects who are not allowed to own houses in Vietnam, these subjects are only entitled to the value of the house attached to the right to use residential land and are not issued a Certificate of Land Use Rights and Ownership of Assets Attached to the Land;

c) Transfer, lease, gift, bequeath, contribute capital using residential land use rights in accordance with the provisions of this Law;

d) Mortgaging a house attached to the right to use residential land at a credit institution authorized to operate in Vietnam.

3. In the case where all heirs of the right to use land, ownership of houses, and other assets attached to the land are foreigners or overseas Vietnamese who are not eligible to own houses attached to residential land in Vietnam as prescribed in Clause 1 of this Article, the heirs shall not be granted a Certificate of Land Use Rights and Ownership of Assets Attached to Land but may transfer or be gifted the inherited land use rights according to the following provisions:

a) In the case of transferring land use rights, the transferor in the land use rights transfer contract shall be the heir;

b) In the case of donating land use rights, the recipient must be an entity specified in Point e, Clause 1, Article 37 of this Law and must comply with the provisions of the law on housing, where the heir can be the donor in the contract or the donation commitment document;

c) In the case where the land use rights have not yet been transferred or donated, the heir or the authorized representative with a written authorization submits the inheritance application to the land registration office for updating in the Land Register.

4. In the case where among the heirs there is a person of Vietnamese origin residing abroad who is not eligible to own a house attached to the right to use land in Vietnam, while the other people are eligible to inherit land use rights under the provisions of land law and the land use rights have not been divided among the heirs, the heirs or their authorized representative in writing shall submit a file on inheritance at the land registration organization to update it in the Land Registry.

After resolving the inheritance division, the Certificate of land use rights and ownership of assets attached to the land shall be issued to individuals eligible to receive the Certificate of land use rights and ownership of assets attached to the land; for Vietnamese-origin individuals residing abroad who are not eligible to own houses attached to land use rights in Vietnam, the inheritance portion shall be settled in accordance with the provisions of Clause 3 of this Article.

5. Heirs in the cases specified in Point c, Clause 3 and Clause 4 of this Article may authorize in writing other persons to take care of or temporarily use the land and fulfill obligations in accordance with land law and other relevant legal provisions.

Section 5. CONDITIONS FOR EXERCISING THE RIGHTS OF LAND USERS

Article 45. Conditions for exercising the rights to convert, transfer, lease, sublease, inherit, or donate land use rights; to mortgage, contribute capital with land use rights; to receive the transfer or donation of land use rights

1. Land users are entitled to exercise the rights to convert, transfer, lease, sublease, inherit, or donate land use rights; to mortgage, contribute capital with land use rights when the following conditions are fully met:

a) Having a land use rights certificate or a certificate of house ownership and land use rights, or a certificate of land use rights, house ownership, and other assets attached to the land, or a certificate of land use rights and ownership of assets attached to the land, except in cases of inheritance of land use rights, conversion of agricultural land when consolidating fields, exchanging plots, gifting land use rights to the State, the local community, and cases prescribed in Clause 7, Article 124 and Point a, Clause 4, Article 127 of this Law;

b) Land that is not in dispute, or disputes that have been resolved by a competent state authority, court judgments or decisions, decisions or awards of arbitration that have entered into legal effect;

c) Land use rights that are not under seizure or subject to other measures to ensure the enforcement of judgments according to the provisions of civil judgment enforcement law;

d) Within the land use term;

d) The right to use land is not subject to temporary emergency measures under the provisions of the law.

2. In the case where the investor transfers the right to use land that has technical infrastructure in a real estate project, in addition to the conditions specified in paragraph 1 of this Article, other conditions must also be met in accordance with the provisions of the Law on Real Estate Business and the Law on Housing.

3. When land users exercise the rights to convert, transfer, lease, sublease, inherit, or donate the land use rights; mortgage, or contribute capital with land use rights, in addition to the conditions specified in paragraph 1 of this Article, they must also meet the conditions according to the following cases:

a) In the case of buying or selling assets attached to land, the lease rights in the land lease contract granted by the State with annual land rental payment must meet the conditions specified in Article 46 of this Law;

b) In the case of transferring agricultural land use rights, the conditions specified in Article 47 of this Law must be met;

c) In the case of exercising land use rights of individuals who are ethnic minorities and have been allocated or leased land in accordance with paragraph 3 of Article 16 of this Law, the conditions specified in Article 48 of this Law must be met.

4. In the case of inheriting land use rights, the heir is entitled to exercise the rights when holding a Land Use Rights Certificate or a House Ownership and Residential Land Use Rights Certificate, or a Certificate of Land Use Rights, House Ownership, and Other Assets Attached to Land, or a Certificate of Land Use Rights and Ownership of Assets Attached to Land, or meeting the conditions to be issued a Certificate of Land Use Rights and Ownership of Assets Attached to Land according to the provisions of this Law.

5. In cases where the land user is allowed to delay the fulfillment of financial obligations or have their financial obligations recorded as debt, they must complete their financial obligations before exercising the rights to convert, transfer, lease, sublease, gift the land use rights, mortgage, or contribute capital using the land use rights.

6. An economic organization receiving the transfer of agricultural land use rights must have an agricultural land use plan approved by the district-level People's Committee. The agricultural land use plan must include the following main contents:

a) Location, area, and purpose of land use;

b) Agricultural production and business plan;

c) Investment capital;

d) Land use term;

e) Land use schedule.

7. Individuals who do not directly engage in agricultural production and receive a transfer or gift of land use rights for rice land exceeding the limits prescribed in Article 176 of this Law must establish an economic organization and have a plan for using the rice land, including the contents prescribed in Clause 6 of this Article, and must be approved by the District People's Committee, except in cases where the gift recipient is an heir.

8. Cases that are not allowed to receive land use rights transfers or gifts are as follows:

a) Economic organizations are not allowed to receive transfers of protection forest land or special-use forest land from individuals, except in cases where land use purpose is converted according to land use planning and plans approved by the competent authority;

b) Individuals who do not reside in the protection forest or special-use forest areas are not allowed to acquire by transfer or gift the land use rights of residential land and other land within protection forest areas, in the strictly protected sub-zone, or in the ecological restoration sub-zone of the special-use forest;

c) Organizations, individuals, community populations, religious organizations, affiliated religious organizations, Vietnamese people residing abroad, and economic organizations with foreign-invested capital that are not permitted by law to acquire by transfer or gift land use rights.

Article 46. Conditions for selling assets attached to land, the right to lease in land lease contracts where the State leases land for annual land rent

1. Economic organizations, individuals, Vietnamese people residing abroad, and economic organizations with foreign-invested capital are allowed to sell assets attached to land leased by the State for annual land rent when they meet the following conditions:

a) The assets attached to leased land are legally established and have been registered in accordance with the provisions of the law;

b) Construction has been completed in accordance with the approved detailed construction plan and investment project (if any), except in cases where compliance with a court judgment, decision, or enforcement order by the civil judgment enforcement agency, or a conclusion from a competent state agency regarding inspection or examination is required.

2. Economic organizations, individuals, overseas Vietnamese, and foreign-invested economic organizations granted annual land lease rights by the State are allowed to sell assets attached to the land and lease rights in the lease contract when the following conditions are met:

a) Conditions stipulated in Clause 1 of this Article;

b) Advance payments for compensation, support, and resettlement have been made but have not yet been fully deducted from the land rent payable.

3. The buyer of assets attached to the land or the buyer of assets attached to the land and the leasehold in a land lease contract shall continue to use the land for its intended purpose during the remaining land use term, and shall continue to deduct the advance payments that have not yet been deducted as prescribed in Point b, Clause 2 of this Article, and must carry out land registration procedures in accordance with the provisions of this Law.

4. In case of selling assets attached to the land that are construction works and meet the conditions for parcel separation, the parcel may be separated to issue a Land Use Right Certificate and a Certificate of Ownership of Assets Attached to the Land.

5. In case the State leases land with annual lease payments for carrying out infrastructure construction projects, it is allowed to sell assets attached to the land when meeting the conditions prescribed in Clause 1, Article 45 of this Law and other conditions as stipulated by the Law on Real Estate Business.

Article 47. Conditions for converting agricultural land use rights

Individuals using agricultural land that is allocated by the State, transferred, received through inheritance, or received as a gift of legal land use rights from others are only allowed to transfer agricultural land use rights to other individuals within the same provincial administrative unit and are not required to pay income tax from the transfer of land use rights or registration fees.

Article 48. Cases of exercising land use rights with conditions

1. Individuals who are ethnic minorities and are allocated land or leased land by the State pursuant to clause 3, Article 16 of this Law may inherit, gift, or transfer land use rights to persons who are heirs as stipulated in clause 2, Article 16 of this Law.

In the case where the land user dies without having an heir in the order of inheritance specified in Clause 2, Article 16 of this Law, the State shall recover the land and compensate for assets attached to the land to the heir according to the provisions of law; in the case where the land user moves away from the provincial area where the land is located to live elsewhere or no longer needs to use it without gifting or transferring the land use rights to a person in the order of inheritance specified in Clause 2, Article 16 of this Law, the State shall recover the land and compensate for assets attached to the land according to the provisions of law for the person whose land is recovered. The area of recovered land is to be continued to be allocated or leased to other individuals who are ethnic minorities in accordance with the policy specified in Article 16 of this Law.

2. Individuals who are ethnic minorities and are allocated land or leased land by the State in accordance with the provisions of Clause 3, Article 16 of this Law are allowed to mortgage the land use rights at policy banks.

3. Individuals who are ethnic minorities and are allocated land or leased land by the State in accordance with the provisions of Clause 3, Article 16 of this Law are not allowed to transfer, contribute capital, give as a gift, inherit, or mortgage the land use rights, except in cases prescribed in Clauses 1 and 2 of this Article.

4. The commune-level People's Committee is responsible for managing the recovered land area in accordance with the provisions of Clause 1 of this Article.

Chapter IV. ADMINISTRATIVE UNIT BOUNDARIES, BASIC LAND SURVEY

Section 1. ADMINISTRATIVE UNIT BOUNDARIES, CADASTRAL MAPS

Article 49. Administrative unit boundaries

1. The boundaries of administrative units are established according to commune-level, district-level, and provincial-level administrative units. The records of administrative unit boundaries display information on the establishment, merger, division, adjustment of administrative unit boundaries, as well as boundary markers and boundary lines of those administrative units.

2. The Ministry of Home Affairs guides the relevant provincial People's Committees in determining the boundaries of provincial-level administrative units; the directly superior People's Committees direct and guide the relevant subordinate People's Committees in determining administrative unit boundaries on the ground and preparing records of administrative unit boundaries within the local area.

3. The scope of land management on land is determined according to the administrative boundary lines of each administrative unit as prescribed by law.

4. In cases where the scope of provincial-level land management cannot be determined due to the administrative boundaries of units not being defined, the Ministry of Home Affairs shall take the lead in coordinating with the Ministry of Natural Resources and Environment and the relevant localities to prepare a file to submit to the Government.

5. In cases where the scope of district-level or commune-level land management cannot be determined due to the administrative boundaries of districts or communes not being defined, the immediate higher-level People's Committee shall direct the relevant lower-level People's Committees to coordinate and resolve the issue; during the period when there is no decision on defining the administrative boundaries of districts or communes, the immediate higher-level People's Committee shall perform the state management responsibilities for land in the area not yet unified. In cases where a resolution cannot be agreed upon, the provincial People's Committee shall prepare a file to submit to the Government.

6. The government is responsible for guiding the resolution of cases where there is no consensus on the boundaries of administrative units; organizing the resolution of cases where there is no consensus on the boundaries of administrative units as stipulated in Clause 4 and Clause 5 of this Article.

7. The Ministry of Home Affairs shall regulate the establishment and management of records on administrative unit boundaries.

Article 50. Surveying and mapping cadastral maps

1. Cadastral maps serve as a basis for state management of land and for building the national land database. Surveying and mapping of cadastral maps shall be detailed down to each land plot according to commune-level administrative units; where commune-level administrative units are not established, the mapping shall follow the district-level administrative units.

2. Cadastral maps must be updated when there are changes in the shape, size, area of the land plot, and other factors related to the content of the cadastral map and must simultaneously be updated in the national land database.

3. The provincial-level People's Committee is responsible for organizing the implementation of surveying, compiling, revising, and managing cadastral maps in the locality and updating them into the national land database.

4. The Government shall provide detailed regulations on this Article.

Chapter 2. LAND SURVEY, EVALUATION AND PROTECTION, RECLAMATION, RESTORATION

Article 51. Principles of land survey, evaluation, and protection, reclamation, restoration

1. Ensure timeliness and objectivity, accurately reflecting the actual state of land resources.

2. Conduct nationwide, across economic-social regions, provincial administrative units, ensuring continuity and inheritance.

3. The State shall ensure funding for land survey and evaluation; encourage organizations and individuals to jointly implement land protection, reclamation, and restoration with the State.

4. Timely provision of information and data to serve the state management of land and the demand for land information for economic, social, national defense, security activities, scientific research, education and training, and other needs of the State and society.

Article 52. Land survey and assessment activities

1. Land survey and assessment includes:

a) Surveying and assessing soil quality and land potential;

b) Surveying and assessing land degradation;

c) Surveying and assessing soil pollution;

d) Monitoring soil quality, land degradation, and soil pollution;

e) Surveying and assessing land according to thematic topics.

2. Thematic land survey and assessment is conducted to survey and assess soil quality, land potential, land degradation, and soil pollution for specific land types as required by state management of land at a certain point in time.

3. Land investigation and assessment activities specified in points a, b, and c of clause 1 of this Article shall be carried out periodically every 5 years. Land investigation and assessment activities on specific topics specified in point d of clause 1 of this Article shall be carried out as required to serve state land management tasks.

Article 53. Contents of land investigation and assessment

1. The contents of land quality and land potential investigation and assessment include:

a) Zoning, determining the location, area, and grading of land quality for agricultural land and unused land based on soil characteristics, terrain, physical properties, chemical properties, biological properties, and other conditions;

b) Zoning, determining the location, area, and grading of land potential for agricultural land, non-agricultural land, and unused land based on land quality grading and land use efficiency according to economic, social, and environmental objectives;

c) Demarcate areas of land that need protection, treatment, improvement, and restoration;

d) Create soil quality maps, land potential maps; develop and update soil quality and land potential data into the national land database.

2. The contents of land degradation investigation and assessment include:

a) Delimit and determine the location and area of degraded land for agricultural land and unused land according to the types of degradation, including: land with reduced fertility; eroded land; land affected by drought, desertification, and desert spread; land with hardpan, calcrete; saline land; acid sulfate land;

b) Determine trends, causes, and predict risks of land degradation;

c) Demarcate areas of degraded land that need treatment, improvement, and restoration;

d) Create a set of land degradation maps; develop and update land degradation data into the national land database.

3. The contents of land pollution investigation and assessment include:

a) Delimit and identify the location and area of land contaminated according to pollution types, including heavy metal contamination, pesticide contamination, and contamination by other toxic substances for types of agricultural land, unused land, and land planned for urban and rural residential area development;

b) Determine trends and sources of pollution and forecast, warn about the risk of soil pollution;

c) Delimit areas of contaminated land that need treatment, rehabilitation, and restoration;

d) Prepare a set of maps of contaminated land; build and update soil pollution data into the national land database.

4. The content of monitoring soil quality, land degradation, and soil pollution includes:

a) Establish a network of fixed monitoring points throughout the country;

b) Determine indicators and monitoring frequency;

c) Monitor soil quality changes, land degradation, soil pollution, and forecast and provide early warnings of abnormal changes;

d) Update soil quality, land degradation, and soil pollution monitoring data into the environmental resource monitoring database and the national land database.

Article 54. Protection, improvement, and restoration of land

1. The contents of land protection, improvement, and restoration include:

a) Classify land areas that have been zoned in accordance with the provisions at point c, clause 1; point c, clause 2; and point c, clause 3 of Article 53 of this Law;

b) Aggregate and determine the scope and level of land protection, improvement, and restoration required for each land area classified in point a of this clause;

c) Develop plans and implementation schedules for land protection, improvement, and restoration for the land areas identified in point b of this clause;

d) Identify technical measures, economic and social solutions along with analyses to select the optimal option and decide on the implementation option;

e) Prepare a report on the results of soil protection, improvement, and restoration;

f) Monitor and control the process of soil treatment, protection, improvement, and restoration.

2. Prepare maps of areas where soil protection, improvement, and restoration have been carried out; build and update data on soil protection, improvement, and restoration into the national land database.

3. Control areas of degraded or polluted land that have not been protected, improved, or restored according to the provisions in Clause 1 of this Article, including zoning, warning, prohibiting, or restricting activities on the land to minimize negative impacts on the soil.

Article 55. Responsibilities of organizations in conducting land surveys, assessments, protection, improvement, and restoration.

1. The government shall stipulate in detail the investigation and assessment of land, protection, reclamation, restoration of land, and the competencies required of organizations providing land investigation and assessment consulting services.

2. The Ministry of Natural Resources and Environment is responsible for leading and coordinating with relevant ministries to carry out the following tasks:

a) Regulate the techniques for land investigation and assessment; techniques for land protection, reclamation, and restoration;

b) Build and maintain a monitoring system;

c) Organize the implementation, approval, and publication of the results of land investigation and assessment nationwide, in socio-economic regions, and by specific topics;

d) Issue and organize the implementation of plans for land protection, reclamation, and restoration for heavily degraded land areas across regions and provinces; plans for land protection, reclamation, and restoration for areas of particularly severe land pollution.

3. The provincial-level People's Committees have the following responsibilities:

a) Organize the implementation, approval, and publication of local land investigation and assessment results; develop and implement plans for the protection, improvement, and restoration of land in areas where land is degraded or polluted in the locality; update into the national land database;

b) Compile statistics and announce polluted land areas; organize bidding to select contractors for treating, improving, and restoring land in polluted areas in the locality.

4. Activities for land investigation, assessment; protection, improvement, and restoration of land are carried out using environmental protection service funds and other funds in accordance with legal regulations.

5. The results of land investigation and assessment must be approved within the year the land inventory is conducted, to serve as the basis for preparing land use plans at all levels. The Ministry of Natural Resources and Environment, and the provincial land management authority, are responsible for publicly announcing the results of land investigation and assessment within 30 days from the date of approval by the competent authority.

Section 3. LAND STATISTICS AND INVENTORY

Article 56. Principles of land statistics and inventory

1. Honest, objective, accurate, and timely, reflecting fully the current status and structure of land use.

2. Public, transparent, independent in professional and technical matters.

3. Consistent in professional procedures, methods of land statistics and inventory, and reporting regime.

4. Ensure that land statistics and inventory indicators are unified and synchronized from the central to local levels; the land statistics and inventory data system is aggregated from lower levels to immediate higher levels.

5. Provide timely data to serve the state management of land and the land information needs for economic, social, national defense, security activities, scientific research, education and training, and other needs of the State and society.

Article 57. Scope and subjects of land statistics and inventory

1. Land statistics and inventory are conducted at the administrative unit level of communes, districts, provinces, and nationwide.

2. The time for conducting land statistics and inventory is as follows:

a) Land statistics are carried out annually, up to December 31 of the statistical year, except for years in which a land inventory is conducted;

b) Land inventory is conducted once every five years, up to December 31 of the year ending in 4 or 9.

3. Specialized land inventory is carried out according to the requirements of state management of land in each period as decided by the Minister of Natural Resources and Environment and the Chairman of the Provincial People's Committee.

Article 58. Indicators, content, and activities of land statistics and inventory

1. Indicators of land statistics and inventory for the types of land specified in Article 9 of this Law include:

a) Area;

b) Land users;

c) Entities assigned to manage the land.

2. The basis for determining land statistics and inventory indicators includes:

a) Land statistics indicators are determined according to cadastral records at the time of statistics;

b) Land inventory indicators are determined according to cadastral records and the actual land use at the time of inventory.

3. The content of land statistics and inventory by commune-level, district-level, provincial-level administrative units and nationwide scope includes: determining the total area of different land types, the structure of area by each land type, land users, land management entities; the area of land allocated, leased, or converted for other purposes.

4. Land statistical activities are carried out as follows:

a) Collecting records, documents, maps, and data related to land changes during the statistical period; land inventory data from the previous period or land statistics carried out in the previous year;

b) Reviewing, updating, and adjusting land changes in the statistical year;

c) Processing, aggregating data and compiling land statistics tables by administrative units at all levels;

d) Analyzing and evaluating the current state of land use, land changes during the statistical period, and proposing solutions to strengthen management and improve land use efficiency;

d) Prepare land statistical reports.

5. Land inventory activities are carried out as follows:

a) Collect dossiers, documents, maps, and data related to land changes during the land inventory period; dossiers of the previous land inventory results and annual land statistical results during the land inventory period;

b) Survey, review, update, and adjust land changes during the inventory period;

c) Process, aggregate data, and prepare land inventory tables according to administrative units at all levels; prepare explanatory reports on the current land use status;

d) Prepare current land use maps; prepare explanatory reports on current land use maps;

e) Prepare land inventory result reports.

Article 59. Responsibilities for organizing the implementation of land statistics and inventory

1. People's Committees at all levels organize the implementation and approve the statistics and land inventory of the locality.

2. The People's Committees at the commune and district levels shall report to the immediate higher-level People's Committee on the results of land statistics and inventory.

3. The Provincial People's Committee is responsible for publishing the results of land statistics and reporting to the Ministry of Natural Resources and Environment before March 31 of the following year, except in land inventory years.

4. The Provincial People's Committee is responsible for reporting the results of the land inventory to the Ministry of Natural Resources and Environment before June 30 of the year following the land inventory year.

5. The Ministry of National Defense and the Ministry of Public Security are responsible for leading and coordinating with the Provincial People's Committee in conducting statistics and inventory of defense and security land.

6. The Ministry of Natural Resources and Environment shall compile the annual national land statistics results and publish them before June 30 each year; compile and report to the Prime Minister and publish the results of the 5-year national land inventory before September 30 of the year following the land inventory year.

7. The Minister of Natural Resources and Environment and the Chairperson of the Provincial People's Committee decide on the content and activities of thematic land inventory.

8. The Minister of Natural Resources and Environment shall provide detailed regulations on land statistics, land inventory, and the preparation of land use status maps.

9. The funding for conducting land statistics and inventory is ensured by the state budget and allocated according to the provisions of the law.

Chapter V. LAND PLANNING AND LAND USE PLANS

Article 60. Principles for land use planning and plan formulation

1. The formulation of land use plans at all levels must comply with the principles and the relationship between different types of planning as prescribed by the Law on Planning.

Land use plans at all levels must synthesize and balance the land use demands of sectors and fields that require land.

2. National land use planning must ensure specificity and regional linkage; ensure a balance between the land use needs of sectors, fields, and localities, and be appropriate to the country's land potential in order to use land economically and efficiently.

3. Land use planning and plans prepared at the national, provincial, and district levels must meet the requirements of implementing a fast and sustainable socio-economic development strategy; ensure national defense and security.

4. Ensure consistency and synchronization; the land use planning of the higher level must meet the land use needs of the lower level; the land use planning of the lower level must conform to the land use planning of the higher level; district-level land use planning must specify land use content down to the commune level; land use plans must conform to the land use planning of the same level that has been decided and approved by the competent authority.

5. The content of land use planning must combine land use indicators associated with space, land use zoning, and natural ecosystems.

6. Use land economically and efficiently; exploit natural resources rationally and protect the environment; adapt to climate change; ensure national food security and forest cover; conserve, restore, and promote the value of historical-cultural relics and scenic spots.

7. Ensure continuity, inheritance, stability, specificity, and connectivity of socio-economic regions; balance harmoniously among sectors, fields, localities, and generations; suitable for land conditions and potential.

8. The preparation of land use planning and plans at all levels must ensure the participation of political-social organizations, communities, and individuals; ensure openness and transparency.

9. Land use planning at all levels is prepared simultaneously; higher-level land use planning must be decided and approved before lower-level land use planning. When the land use planning period ends and the land use planning for the next period has not been decided and approved by a competent authority, the land use targets that have not been fully implemented will continue to be executed until the land use planning for the next period is decided and approved by the competent state agency.

10. The land use plan is prepared simultaneously with the formulation or adjustment of the land use planning at the same level. The land use plan for the first year of a district-level land use plan is prepared simultaneously with the preparation of the district-level land use plan.

Article 61. System of land use planning and planning

1. The system of land use planning and planning includes:

a) National land use planning and planning;

b) Provincial land use planning and planning;

c) District-level land use planning, annual district-level land use planning;

d) National defense land use planning;

e) Security land use planning.

2. National land use planning, national defense land use planning, and security land use planning belong to the national planning system, implemented according to the provisions of this Law and the laws on planning.

3. Provincial land use planning and district land use planning are technical, specialized plans that elaborate on national planning, regional planning, and provincial planning.

Article 62. Planning periods and land use plans

1. The period and vision for national land use planning, defense land use planning, and security land use planning shall comply with the provisions of the Planning Law.

2. The period and vision for provincial land use planning shall be consistent with the period and vision of provincial planning.

3. The period for district land use planning is 10 years. The vision for district land use planning is 20 years.

4. The period for national and provincial land use plans is 5 years; annual district land use plans are prepared yearly.

Article 63. Funding for planning activities

The funds for preparing, adjusting, appraising, deciding, approving, and publishing land use plans and zoning are ensured by the state budget from the economic development fund.

Article 64. National Land Use Planning and Plan

1. The basis for preparing the national land use planning includes:

a) Socio-economic, national defense, and security development strategies; overall national planning; sectoral and field development strategies;

b) Natural, economic, and social conditions;

c) Current land use status, land changes, soil quality, land potential, and results of implementing the national land use planning in the previous period;

d) Demand and the capacity for land use of sectors, fields, and localities;

e) Scientific and technological advancements related to land use.

2. The content of the national land use planning is carried out in accordance with the provisions of the law on planning.

3. The basis for preparing the national land use plan includes:

a) National land use planning;

b) Socio-economic development plans, and the medium-term public investment plan of the whole country;

c) The demand for and ability to use land of sectors, fields, and localities;

d) Results of implementing the land use plan of the previous 5-year period;

dd) Investment capacity and mobilization of resources.

4. The content of the national land use plan determines the area of different types of land according to the land use quotas in the national land use planning for each 5-year land use plan period.

5. Constructing and updating the national land use planning and planning data into the national land database.

Article 65. Provincial Land Use Planning

1. The basis for developing provincial land use planning includes:

a) National land use planning and planning;

b) National-level plans, regional plans; technical and specialized plans using national or inter-provincial land;

c) Provincial plans;

d) Natural, economic, and social conditions of the provincial-level administrative unit;

d) Current land use status, land fluctuations, soil quality, land potential, and results of implementing the previous land use planning of the province;

e) Demand for and capacity to use land by sectors, fields, and localities; public investment resources and other resources;

g) Scientific and technological advancements related to land use.

2. The content of provincial land use planning includes:

a) Land use orientations determined in the provincial planning, with a vision that meets socio-economic development requirements; ensures national defense and security; protects the environment, and adapts to climate change;

b) Determining land use indicators allocated in the national land use planning and land use indicators according to provincial land use demand;

c) Determining land use indicators specified in point b of this clause for each district-level administrative unit;

d) Determine the boundaries, location, and area of land reclamation areas for use for agricultural and non-agricultural purposes;

d) Delimit areas of land use that require strict management, including: rice land, special-use forest land, protection forest land, production forest land that is natural forest;

e) Plan land use by phases for each five-year plan period according to the contents specified in points b, c, d, and đ of this clause;

g) Solutions and resources for implementing land use planning.

3. Prepare a provincial land use planning map; build and update provincial land use planning data into the national land database.

4. Provinces that are not centrally-run cities are not required to make a provincial land use plan but must phase the land use planning for each five-year plan as prescribed in point e, Clause 2 of this Article.

Amended Clause

5. Centrally-run cities that have an approved general plan under the law on urban planning are not required to make a provincial land use plan but shall base their provincial land use plan on the general plan.

In cases where the general plan is approved after the approval of the provincial land use plan and alters the land use targets in the provincial land use plan, it is not necessary to adjust the provincial land use plan, but the provincial land use plan shall be based on the general plan.

6. The Government shall regulate the details of this Article.

Article 66. District-level land use planning

1. The basis for preparing the district-level land use plan includes:

a) Provincial planning, provincial-level land use planning; urban planning of centrally governed cities in cases where provincial-level land use planning is not prepared;

b) Technical and specialized plans;

c) District-level socio-economic development plan;

d) Natural, economic, and social conditions of the district administrative unit;

e) Current land use status, land changes, land potential, and the results of implementing previous district-level land use plans;

f) Land use demand and capacity of sectors, fields, and commune-level People's Committees; for determining residential land, urban land, and rural residential land demand, it is based on population forecasts, infrastructure conditions, landscape, and environment according to the provisions of construction law;

g) Land use norms, scientific and technological advances related to land use.

2. The content of district-level land use planning includes:

Amended Clause

a) Land use orientation, with a vision meeting the requirements of socio-economic development; ensuring national defense and security; protecting the environment, adapting to climate change; ensuring consistency and synchronization between land use planning and transportation planning, construction planning, urban planning, and rural planning;

b) Determining land use indicators that have been allocated in the provincial land use plan and presenting this information to the commune-level administrative units;

c) Determining land use indicators based on the land use needs of the district and commune levels;

d) Determine the area and demarcate the zones for which land use quotas have been allocated in the provincial land use planning according to point b and point đ, clause 2, Article 65 of this Law, including determining the area of types of land to ensure land support policies for ethnic minorities;

d) Determine the boundaries, locations, and areas of reclaimed land regions for agricultural and non-agricultural purposes;

e) Phase the 5-year district-level land use planning according to points b, c, d, and đ of this clause;

g) Solutions and resources for implementing land use planning.

3. Prepare the district-level land use planning maps; develop and update annual district-level land use planning and plans into the national land database.

Amended Clause

4. Districts, cities, and towns under centrally governed cities, as well as cities and towns under provinces that have an approved general plan or detailed plan according to the provisions of the urban planning law, are not required to prepare a district-level land use plan but shall base it on the general plan or detailed plan and the land use indicators allocated from the provincial land use plan and the local land use indicators to prepare the annual district-level land use plan.

Amended Clause

5. For areas not specified in Clause 4 of this Article that already have an approved construction plan, urban plan, or rural plan, the preparation of the district-level land use plan must update the land use spatial orientation and the technical and social infrastructure system according to the planning period of land use.

Article 67. Annual district-level land use plan

1. The basis for preparing the annual district-level land use plan includes:

Amended Clause

a) Provincial land use plan; district-level land use plan; construction plan; urban planning in cases where a district-level land use plan does not need to be prepared;

b) Current land use status; results of the previous year's land use plan implementation;

c) Demand and land use capacity of sectors, levels, and organizations; projects and works that have received investment policy approval;

d) Investment capacity and mobilization of resources to implement the land use plan.

2. Criteria for selecting priority projects in the annual district-level land use plan include:

a) Ensuring national defense and security;

b) Economic, social, and environmental efficiency;

c) Feasibility of implementation.

3. Contents of the annual district-level land use plan include:

a) The area of land types that have been allocated in the district-level land use plan and the area of land types according to the land use demand of the district and commune levels in the planned year, determined down to each commune-level administrative unit;

b) List of works and projects expected to be implemented in the year; projects allocating residential land and production land for ethnic minorities (if any); land area for land use right auctions, land recovery projects during the year, resettlement projects, and production land expected to be compensated for people whose land is recovered;

c) The area of land types, and the list of works and projects identified in the previous planned year that continue to be implemented according to the provisions of Clause 7, Article 76 of this Law;

d) Determination of the area of land types that need to be converted for purposes for types of land requiring permission, except for the case specified in Clause 5, Article 116 of this Law;

đ) Solutions and resources for implementing the land use plan.

4. Projects that are not included in the annual land use plan at the district level fall under one of the following cases and may be implemented without having to be added to the annual land use plan at the district level:

a) Projects that have an investment decision pursuant to the law on public investment under the authority of the National Assembly, the Prime Minister, the head of a Ministry or central agency, or the provincial People's Council;

b) Projects that have an investment project approval decision under the law on investment through public-private partnership (PPP) under the authority of the National Assembly, the Prime Minister, the head of a Ministry or central agency, or the provincial People's Council.

c) There has been a decision approving the investment policy, a decision approving the investment policy while simultaneously approving the investor, a decision approving the investor in accordance with the investment law within the authority of the National Assembly or the Prime Minister to decide on investment policy.

d) Projects that use land for land recovery as stipulated in Clause 3, Article 82 of this Law.

5. Constructing and updating the annual land use plan data at the district level into the national land database.

Article 68. Defense land use planning, security land use planning

1. Defense land use planning and security land use planning are national sectoral plans.

2. The basis for establishing defense land use planning and security land use planning includes the bases prescribed by the planning laws and the following bases:

a) National master planning, national marine spatial planning, national land use planning;

b) Natural, economic, and social conditions of the nation;

c) Current land use status and results of implementing defense land use planning and security land use planning in the previous period;

d) Demand and capacity for defense and security land use.

3. The content of defense land use planning and security land use planning is implemented in accordance with the provisions of the law on planning.

4. The Ministry of National Defense and the Ministry of Public Security shall take the lead, in coordination with the provincial People's Committees, in the process of developing national defense land use planning and security land use planning to ensure they are suitable with socio-economic development requirements and in order to strengthen national defense and security; review and determine the location, area, and boundaries of land used for national defense and security purposes; determine the location, area, and boundaries of national defense and security land that is no longer needed for use to hand over to local management and use.

Article 69. Responsibility for organizing the preparation of land use planning and plans

Article 69. Responsibility for organizing the development of land use planning and plans

1. The Government shall organize the development of national land use planning and plans. The Ministry of Natural Resources and Environment is responsible for taking the lead in assisting the Government in developing national land use planning and plans.

2. The provincial People's Committees shall organize the development of provincial land use planning and plans.

The provincial-level land management agency is responsible for presiding over and assisting the Provincial People's Committee in preparing provincial land use planning and plans.

3. The district-level People's Committee organizes the preparation of district land use planning and annual district land use plans.

The district-level land management agency is responsible for presiding over and assisting the District People's Committee in preparing district land use planning and annual district land use plans.

4. Land use planning is to be approved in the first year of the planning period.

5. Land use planning and plans of localities with seas include land reclamation areas.

Article 70. Collecting opinions on land use planning and plans

1. Collecting opinions on national land use planning, national defense land use planning, and security land use planning is carried out in accordance with the provisions of the law on planning.

2. The solicitation of opinions on provincial-level land use planning is regulated as follows:

a) The provincial land use planning authority is responsible for obtaining opinions from relevant departments and agencies, the Provincial Vietnam Fatherland Front Committee, district-level People's Committees, relevant agencies, organizations, communities, and individuals regarding land use planning. The solicitation of opinions is carried out through the form of publicizing information about the content of the land use plan on the electronic information portal of the provincial land use planning authority. The content for soliciting opinions includes an explanatory report and a system of maps regarding land use planning;

b) The process of aggregating, receiving, explaining opinions, and finalizing the land use planning proposal is carried out before submitting it to the Land Use Planning Appraisal Council and must publicly disclose the contributed opinions and the reception and explanations of contributed opinions on the electronic information portal of the provincial land use planning authority.

c) The period for soliciting opinions on provincial-level land use planning is 45 days from the date of public disclosure of the information regarding the content of the consultation.

3. The solicitation of opinions on district-level land use planning and the annual district-level land use plan is regulated as follows:

a) The district-level land use planning agency shall consult relevant departments, branches, the Vietnam Fatherland Front Committee at the district level, the People's Committees at the commune level, relevant agencies, organizations, communities, and individuals regarding the land use plan. The consultation shall be conducted through publicly disclosing information about the contents of the land use plan on the electronic information portals of the district-level land use planning agency and the commune-level People's Committee, and publicly posting it at the premises of the commune-level People's Committee, residential areas, posting and displaying it at village, hamlet, and neighborhood cultural houses, organizing conferences, workshops, and distributing questionnaires to households and individuals representing communes, wards, and townships. The content for consultation includes explanatory reports and a system of maps on land use planning;

b) The compilation, acceptance, explanation of opinions, and finalization of the land use planning and plan are carried out before submitting for appraisal and approval of the land use planning and plan, and the contributions and the reception and explanation of those contributions must be publicly announced on the electronic information page of the district-level land use planning authority, and the annual district-level land use plan;

c) The period for collecting opinions on district-level land use planning is 30 days, and for the annual district-level land use plan is 20 days from the date of publicizing the information on the content for which opinions are sought.

4. Opinions on land use planning and plans must be fully and accurately compiled, and must be received, explained objectively, transparently, seriously, and thoroughly.

Article 71. Appraisal of land use planning and plans

1. The authority to establish the Council for appraisal of land use planning and plans is regulated as follows:

a) The authority to establish the Appraisal Council for the national land use planning, defense land use planning, and security land use planning shall be conducted in accordance with the provisions of the law on planning;

b) The Prime Minister decides on the establishment of the Appraisal Council for the national land use plan.

The Ministry of Natural Resources and Environment is responsible for assisting the Appraisal Council in the process of appraising the national land use plan;

c) The Minister of Natural Resources and Environment shall establish the Appraisal Council for provincial land use planning and assign units under the Ministry of Natural Resources and Environment to assist the Appraisal Council in the process of appraising provincial land use planning;

d) The Chairman of the Provincial People's Committee shall establish the Appraisal Council for provincial land use plans for centrally governed cities that are not required to prepare provincial land use planning; establish the Appraisal Council for district-level land use planning; assign units under the Provincial People's Committee to assist the Appraisal Council in the process of appraising provincial land use plans and district-level land use planning.

2. The contents of the appraisal of provincial and district-level land use planning include:

a) Legal basis, scientific basis for developing land use planning;

b) The level of conformity of the land use plan with the content of the plan approved by the competent authority;

c) Economic, social, and environmental effectiveness;

d) The feasibility of the land use plan.

3. The content of the appraisal of the land use plan includes:

a) Basis and content for preparing the land use plan;

b) The level of conformity of the land use plan with the land use planning and urban planning;

c) The feasibility of the land use plan.

4. The appraisal council for provincial- and district-level land use planning, and for national- and provincial-level land use plans, is responsible for appraising and sending the appraisal result notifications of the plans and land use plans to the agency organizing the preparation of the plans and land use plans as prescribed in Article 69 of this Law; the agency organizing the preparation of the plans and land use plans directs the planning agency to receive feedback and provide explanations according to the content of the appraisal result notifications of the plans and land use plans.

If necessary, the appraisal council for provincial- and district-level land use planning, and for national- and provincial-level land use plans, organizes on-site inspections and surveys of the areas proposed for land use conversion, especially regarding the conversion of rice land, protection forest land, and special-use forest land.

5. The appraisal of national land use planning, defense land use planning, and security land use planning shall be carried out in accordance with the provisions of the law on planning.

Article 72. Authority to decide and approve land use planning and plans

1. The authority to decide and approve national land use planning, defense land use planning, and security land use planning shall be carried out in accordance with the provisions of the Law on Planning.

2. The Government shall approve the national land use plan.

3. The Prime Minister shall approve provincial land use planning and provincial land use plans for centrally-run cities that are not required to develop provincial land use planning.

4. The Provincial People's Committee shall approve district-level land use planning and annual district-level land use plans.

5. Before approving the annual land use plan at the district level, the provincial People's Committee shall submit to the provincial People's Council for approval the list of projects and works that require land recovery, including projects that require land recovery for the purpose of auctioning land use rights, tendering to select investors to implement projects that use land; projects that require changing the land use purpose and involve areas of rice land, special-use forest land, protection forest land, or production forest land according to the planning, except in cases specified in Clause 4, Article 67 of this Law.

Article 73. Reviewing and adjusting land use planning and plans

1. The adjustment of land use planning and plans shall be carried out according to the following principles:

a) The adjustment of land use planning and plans must be decided or approved by the competent authority that decides or approves the land use planning and plans;

b) The competent authority responsible for organizing the land use planning and plan preparation is responsible for organizing the adjustment of land use planning and plans;

c) The adjustment of land use planning and plans does not change the objectives of the land use planning and plans;

d) The adjustment of land use planning and plans does not change the land use indicators that have been determined and allocated by the superior land use planning;

đ) Comply with the procedures and processes prescribed by this Law.

2. The competent authority responsible for organizing the planning shall periodically review the land use planning every 5 years to adjust it in accordance with the socio-economic development situation in each period.

3. The review and adjustment of national land use planning, defense land use planning, and security land use planning shall be carried out in accordance with the provisions of the law on planning.

4. The basis for adjusting provincial-level land use planning includes:

a) Due to adjustments in national-level planning, regional planning, provincial planning, technical or specialized planning that uses national or inter-provincial land, which changes the land use structure at the provincial level;

b) Due to the establishment, merger, division, or adjustment of administrative boundaries of provincial-level administrative units and their subordinate units;

c) Due to the impact of natural disasters, war, or the need to ensure national defense and security, which changes the purpose, structure, location, and area of land use.

5. The basis for adjusting district-level land use planning includes:

a) Due to adjustments in the directly higher-level planning that change the land use structure at the district level;

b) Due to the establishment, merger, division, or adjustment of local administrative boundaries;

c) Due to war or the need to ensure national defense and security, which changes the purpose, structure, location, and area of land use.

d) Due to the impact of natural disasters, environmental incident responses that change land use purposes; the implementation of planning negatively affecting social welfare, ecological environment, and affecting the community;

e) There are fluctuations in resources for plan implementation, the formation of key projects serving national interests and public interests that change land use orientation.

6. Planning adjustments are made when there is one of the grounds prescribed in Clauses 4 and 5 of this Article and are decided or approved for adjustment by the competent authority.

7. Adjustments to the land use plan are carried out when there are adjustments to the land use planning, urban planning, or changes in the feasibility of implementing the land use plan.

8. The adjustment of land use planning and plans is carried out in accordance with the provisions of Articles 64, 65, 66, 67, 68, 69, 70, 71, 72, and 75 of this Law.

9. The state agency or the competent authority that decides and approves the land use planning and plan at a certain level has the authority to decide and approve adjustments to the land use planning and plan at that level.

Article 74. Selection of consultancy for making land use planning and plans

1. The selection of consultancy for making national land use planning, defense land use planning, and security land use planning is carried out in accordance with the provisions of the law on planning.

2. The selection of consultants for the preparation of national land use plans, provincial land use plans, district land use plans, and annual district land use plans shall be carried out in accordance with Government regulations.

Article 75. Public announcement of land use plans

1. The public announcement of national land use plans shall be carried out in accordance with the law on planning.

2. National land use plans; provincial land use plans; district land use plans, and annual district land use plans, after being decided or approved by competent state authorities, must be publicly announced.

3. Responsibilities for publicly announcing land use plans are prescribed as follows:

a) The Ministry of Natural Resources and Environment is responsible for publicly announcing the national land use planning and plans at the ministry's headquarters and on the Ministry of Natural Resources and Environment's electronic portal;

b) The provincial People's Committee is responsible for publicly announcing the provincial land use planning and plans at the committee's headquarters and on the provincial People's Committee's electronic portal;

c) The district People's Committee is responsible for publicly announcing the district land use planning and the annual district land use plans at the committee's headquarters, on the district People's Committee's electronic portal, and publicly announcing the content of the district land use planning and annual district land use plans related to communes, wards, and townships at the commune People's Committee's headquarters; the commune People's Committee is responsible for publicly announcing them to the residents and land users in the commune.

4. Timing and deadlines for publicly announcing land use planning and plans according to the following regulations:

a) No later than 15 days from the date the competent state agency decides or approves, the land use planning and plans must be publicly announced;

b) Land use planning and plans must be made public throughout the land use planning period.

5. Documents for public announcement of land use planning and plans include:

a) The document approving the land use planning and plans;

b) An explanatory report on the approved land use planning and plans;

c) A map of the approved land use planning.

Article 76. Organization for the implementation of land use planning and plans

1. The Government organizes the implementation of national land use planning and plans.

The Prime Minister allocates land use quotas to provincial-level administrative units, the Ministry of National Defense, and the Ministry of Public Security based on the national land use quotas approved by the National Assembly.

2. The Ministry of National Defense is responsible for organizing the implementation of national defense land use planning; the Ministry of Public Security is responsible for implementing security land use planning.

3. Provincial-level People's Committees and district-level People's Committees are responsible for organizing the implementation of local land use planning and plans.

4. In cases where the land use plan has been publicly announced but the annual land use plan at the district level has not yet been made, land users are allowed to continue using the land and exercise their rights as land users in accordance with the provisions of this Law.

5. For projects falling under the case stipulated in Clause 4, Article 67 of this Law that require land recovery, the People's Committee of the district where the project is located must publicly announce the scope of land recovery according to the project's schedule to the land users.

6. For areas of land that must be recovered or whose land use purpose must be changed in the annual district-level land use plan, or must be recovered or whose use must be changed as stipulated in Clause 4, Article 67 of this Law, the land users are allowed to continue exercising their rights as land users but are not allowed to construct new houses, works, or plant new perennial trees; land users are allowed to construct according to temporary construction permits, renovate, or repair existing houses and works in accordance with the provisions of construction law and related laws.

7. Land areas identified in the annual land use plan at the district level that have been approved by the competent authority for recovery to implement projects or require a change in land use purpose, but after 2 consecutive years are still identified in the annual land use plan at the district level without a decision on land recovery or without permission to change land use purpose, the competent authority approving the annual land use plan at the district level must consider, evaluate, adjust, cancel, and publicly announce the adjustment or cancellation of land recovery or the cancellation of the change in land use purpose for the land areas identified in the annual land use plan at the district level.

In cases where the competent authority approves the annual land use plan at the district level but does not adjust or cancel it, or adjusts or cancels it but does not publicly announce it, land users are not restricted in their land use rights as prescribed by law.

8. Annually, the Provincial People's Committee is responsible for organizing the review, handling, and public announcement of land recovery, change of land use purpose, adjustment, or cancellation of land recovery and change of land use purpose for land recorded in the annual district-level land use plan on the Provincial People's Committee's electronic information page; and sending information to the Ministry of Natural Resources and Environment, the District People's Committee, and the Commune People's Committee.

9. The Government regulates the principles and criteria for allocating land use quotas at the provincial level and land use quotas at the district level.

10. The Government shall provide detailed regulations on this Article and on the formulation, appraisal, adjustment, consultation, approval, and publication of the national land use plan, provincial land use planning, district land use planning, and annual district land use plans.

Article 77. Responsibility for reporting the results of land use planning and plans

1. The district-level People's Committee shall report the results of implementing land use planning and plans to the provincial-level People's Committee before October 15 each year.

2. The provincial-level People's Committee shall report the results of implementing land use planning and plans to the Ministry of Natural Resources and Environment before October 15 of the final year of the land use planning period and planning cycle.

3. The Ministry of National Defense shall report the results of implementing defense land use planning, and the Ministry of Public Security shall report the results of implementing security land use planning to the Ministry of Natural Resources and Environment before October 15 of the final year of the 5-year land use planning cycle and the final year of the land use planning period.

4. The Ministry of Natural Resources and Environment shall aggregate the results of land use planning implementation nationwide and submit them to the Government for reporting to the National Assembly in the final year of the land use planning period.

Chapter VI. LAND RECOVERY, LAND REQUISITION

Article 78. Land recovery for national defense and security purposes

The State recovers land for national defense and security purposes in the following cases:

1. To serve as military barracks or office headquarters;

2. To establish military bases;

3. To construct national defense works, battlefields, and special defense and security works;

4. To build military and security transport stations, ports, and communication works;

5. To construct industrial, scientific and technological, cultural, and sports works directly serving national defense and security;

6. To establish warehouses for the people's armed forces;

7. To build shooting ranges, training grounds, weapon testing grounds, and weapon disposal grounds;

8. To establish training facilities, training and professional development centers, rest, recovery, and rehabilitation facilities, and medical examination and treatment facilities for the people's armed forces;

9. To build official housing for the people's armed forces;

10. Detention facilities; temporary detention and custody facilities; compulsory educational institutions; reform schools and labor, rehabilitation, vocational orientation, and training centers for prisoners, detainees, and students managed by the Ministry of National Defense and the Ministry of Public Security.

Article 79. Land recovery for socio-economic development due to national and public interests

The State shall recover land when truly necessary to implement socio-economic development projects for national and public interests in order to promote land resources, improve land use efficiency, develop socio-economic infrastructure in a modern direction, implement social welfare policies, protect the environment, and preserve cultural heritage in the following cases:

1. Construction of transportation works, including: expressways, roads, urban roads, rural roads including bypass roads, rescue roads and roads across fields serving the general travel needs of people, bus stops, passenger pick-up and drop-off points, toll stations, warehouse works, car parking lots; ferry terminals, bus stations, rest stops; types of railways; railway stations; types of bridges, tunnels serving transportation; inland waterway works, maritime works; aviation works; cable car routes and cable car stations; fishing ports, dry ports; office buildings, service business facilities within stations, ports, bus terminals; safety protection corridors for transportation works requiring land acquisition for airspace clearance; other structures serving transportation.

2. Construction of irrigation works, including: dikes, embankments, sluices, dams, spillways, reservoirs, hydraulic tunnels, water supply systems, drainage, irrigation, and water discharge, including protective corridors of irrigation works where land must be used; key irrigation works, including office buildings, warehouses, production facilities, repair, and maintenance of irrigation works within the scope of irrigation projects;

3. Construction of water supply and drainage works, including: water plants; pumping stations; water tanks, towers; water supply and drainage pipelines; regulation ponds; water, sludge, and sediment treatment facilities, including office buildings, warehouses, production facilities, repair, and maintenance of water supply and drainage works;

4. Construction of waste treatment works, including: transfer stations; landfills; integrated treatment areas, treatment areas, waste treatment facilities, hazardous waste, including office buildings, warehouses, production facilities, repair, and maintenance of waste treatment works;

5. Construction of energy and public lighting works, including: power plants and auxiliary works of power plants; dams, embankments, reservoirs, water conduits for hydropower plants; electric transmission line systems and substations; business service, repair, and maintenance works within the scope of the power plant; public lighting systems;

6. Construction of oil and gas works, including: production rigs, facilities supporting extraction, oil and gas processing, petrochemical plants, gas processing plants, biofuel production plants; crude oil storage, storage facilities, gasoline, oil, gas pumping stations, pipeline systems, safety protection corridors of the works to ensure technical safety; business service, repair, and maintenance works within the scope of facilities supporting extraction, oil and gas processing, petrochemical plants, gas processing plants, biofuel production plants;

7. Construction of postal, telecommunications, and information technology infrastructure, including: houses, stations, antenna towers, cable-hanging poles, culverts, tanks, cable pipes, trenches, technical tunnels, and other related technical infrastructure works for installing telecommunications equipment and equipment installed therein for telecommunications purposes; data centers; including safety protection corridors for works to ensure technical safety without being used for other purposes; courier operation facilities and postal service points; post office - community culture points; service business, repair, and maintenance works within the scope of postal, telecommunications, and information technology works;

8. Construction of local markets and wholesale markets;

9. Construction of religious works, including: communal houses, temples, shrines, small temples, and other legal religious works;

10. Construction of religious works, including: headquarters of religious organizations, subordinate religious organizations; pagodas, churches, chapels, temples, sanctuaries; training schools for people specializing in religious activities; statues, steles, towers, and other legal religious works;

11. Construction of public recreational and entertainment areas, community activities, including: parks, flower gardens, beaches, and areas designated for other public recreational activities; meeting and other activity works appropriate to the customs and habits of the local community;

12. Construct headquarters for the Communist Party of Vietnam agencies, state agencies, the Vietnam Fatherland Front, political-social organizations, socio-political-professional organizations, social-professional organizations, social organizations, and other organizations established under the law that are assigned tasks by the State, and support their regular operational funding;

13. Construct headquarters or representative offices for public service units under the Communist Party of Vietnam agencies, state agencies, and political-social organizations;

14. Construction of cultural facilities, historical-cultural relics, and scenic spots, including: conference centers, theaters, cultural houses, cultural centers, cultural palaces, clubs, cinemas, circuses; relic works; works with symbolic or artistic value, children's palaces, youth houses, youth activity centers, museums, exhibition halls, libraries, literary creation facilities, art creation facilities, art display houses, headquarters of art troupes; works for expansion, renovation, restoration, preservation, and promotion of the value of historical-cultural relics and scenic spots that have been ranked or included by the Provincial People's Committee in the inventory list of relics in accordance with the law on cultural heritage; other cultural facilities established or permitted to operate by the State;

15. Establish medical facilities and social service facilities established or permitted to operate by the State, including: medical examination and treatment facilities; rehabilitation facilities; preventive health facilities; population facilities; testing facilities; calibration and inspection facilities; medical examination and evaluation facilities; forensic examination facilities; drug manufacturing facilities; medical equipment manufacturing facilities; social work service centers, social protection facilities; centers for treatment, education, and social labor; nursing centers for persons with meritorious services; child support facilities; consultation and advisory facilities for elderly care, persons with disabilities, children in special circumstances, people living with HIV/AIDS, and people with mental illnesses; drug rehabilitation facilities; nursing facilities for the elderly and children in special circumstances;

16. Establish educational and training institutions that are either established by the State or permitted to operate, including: nurseries, kindergartens, preschools, general education institutions, continuing education institutions, specialized schools, higher education institutions, vocational education institutions;

17. Establish physical education and sports facilities that are either established by the State or permitted to operate, including: sports complexes, training centers, sports athlete training facilities; stadiums, competition venues, and training facilities for sports;

18. Establish scientific and technological facilities that are either established by the State or permitted to operate, including: research, development, and scientific and technological service organizations; organizations supporting innovative startup activities; technology incubators, scientific and technological business incubators; science and technology parks; science museums; metrology systems;

19. Constructing diplomatic facilities, including: headquarters of embassies, consulates, representative offices of foreign diplomatic organizations, non-governmental organizations with diplomatic functions; diplomatic corps facilities managed by the State;

20. Construct career projects on environmental treatment, biodiversity conservation, meteorology, hydrology, inspection, animal and plant quarantine;

21. Implement investment projects for the construction of social housing, housing for the people's armed forces, except in cases of agreement on receiving land use rights; investment projects for the construction of official housing; investment projects for the renovation and reconstruction of apartment buildings, except if apartment owners agree to transfer land use rights to the investor to implement renovation and reconstruction projects according to the Housing Law; resettlement projects;

Amended and supplemented provisions:

22. Implement industrial park projects, industrial clusters; high-tech zones; high-tech application agriculture zones; centralized information technology zones; high-tech application forestry zones; non-tariff zones in economic zones;

23. Implement projects for the production and processing areas of agricultural, forestry, aquaculture, and seafood products on a large scale, centrally concentrated with synchronized shared infrastructure from production to processing of agricultural, forestry, aquaculture, and seafood products serving across districts, provinces, or regions; projects for planting and conserving medicinal plant genes to develop traditional medicine;

24. Conduct land reclamation activities from the sea;

25. Mining activities that have been licensed by competent state authorities, including construction works serving the mining and processing of minerals associated with the mining area and safety protection corridors for mining that require land recovery;

26. Projects in the surrounding areas of transportation connection points and transportation routes with development potential;

27. Implement investment projects to construct urban areas with mixed-use functionality, synchronizing technical infrastructure and social infrastructure with housing in accordance with the law on construction for building new or renovating and embellishing urban areas; rural residential projects;

28. Cemeteries, funeral homes, crematoriums, and facilities for storing ashes;

29. Implement projects to allocate residential land and production land for ethnic minorities to carry out land policies for ethnic minorities in accordance with the provisions of this Law;

30. Construct above-ground works to serve the operation, exploitation, and use of underground works;

31. Implement projects approved by the National Assembly or the Prime Minister, with investment policies decided in accordance with the law;

32. In cases of land recovery for projects and works for national and public interest that do not fall under the cases specified from Clause 1 to Clause 31 of this Article, the National Assembly shall amend and supplement the cases of land recovery in this Article in a shortened procedure.

Article 80. Grounds and conditions for land recovery for national defense and security purposes; socio-economic development for national and public interest

1. Land recovery for national defense and security purposes; socio-economic development for national and public interest must be based on the provisions of Article 78 or Article 79 of this Law, and must fall under one of the following cases:

a) Projects included in the annual land use plan at the district level approved by the competent authority;

b) The project has an investment decision in accordance with the provisions of the law on public investment, and an investment project approval decision in accordance with the provisions of the law on investment under the public-private partnership method;

c) The project has a decision approving the investment policy, a decision approving the investment policy simultaneously approving the investor, or a decision approving the investor according to the provisions of the investment law for investment projects under the authority of the National Assembly or the Prime Minister to approve the investment policy;

d) There is a document from the competent state agency specified in Article 84 of this Law in case of land recovery related to national defense and security.

2. In case the project specified in Clause 1 of this Article has a phased land use schedule, the land recovery shall follow the progress of the investment project as determined in the document approving or deciding the investment policy of the project.

3. The condition for land recovery for national defense, security purposes, or socio-economic development for national and public interest is that the approval of the compensation, support, and resettlement plan as well as the resettlement arrangement must be completed as prescribed by this Law.

4. Land recovery according to the provisions in Clause 26 and Clause 27 of Article 79 of this Law must meet the conditions specified in Clauses 1, 2, and 3 of this Article and be used to create land funds invested, managed, exploited, or allocated, leased by the State to investors in accordance with the law.

Article 81. Cases of land recovery due to violations of land law

1. Using land not in accordance with the purpose allocated, leased, or recognized by the State, and having been administratively sanctioned for using land for the wrong purpose but continuing to violate.

2. Land users who destroy land and have been administratively sanctioned for destroying land but continue to violate.

3. Land allocated or leased to the wrong subjects or without proper authority.

4. Land acquired through transfer or donation from individuals who are allocated land or leased land by the State, where the individuals allocated or leased the land are not allowed to transfer or donate the land according to the provisions of this Law.

5. Land allocated to be managed by the State but is encroached upon or occupied.

6. Land users do not fulfill financial obligations to the State.

7. Annual crop land, aquaculture land that has not been used for a continuous period of 12 months, perennial crop land that has not been used for a continuous period of 18 months, forest land that has not been used for a continuous period of 24 months and has been administratively sanctioned but has not been put into use within the time limit prescribed in the administrative sanction decision;

8. Land allocated, leased by the State, allowed to change its use purpose, recognized for land use rights, or acquired for land use rights transfer for investment projects that is not used within 12 consecutive months from the date of physical handover of the land, or if the land use progress is delayed by 24 months compared to the progress stated in the investment project; in case the land is not put into use or the progress of land use is delayed compared to the progress stated in the investment project, the investor may be granted an extension of use for no more than 24 months and must pay the State an additional amount equivalent to the land use fee or land lease fee for the extended period; upon expiration of the granted extension period, if the investor still has not put the land into use, the State shall recover the land without compensation for the land, assets attached to the land, and the remaining investment costs in the land.

9. The cases specified in Clauses 6, 7, and 8 of this Article do not apply in the event of force majeure.

10. The Government shall provide detailed regulations on this Article.

Article 82. Land reclamation due to termination of land use according to the law, voluntary return of land, threats to human life, or inability to continue use

1. Cases of land reclamation due to the termination of land use under the law include:

a) Organizations allocated land by the State without paying land use fees that are dissolved, bankrupt, or have their operation terminated in accordance with the law;

b) Individuals using land who die without heirs after fulfilling property obligations under civil law;

c) Land allocated or leased by the State for a fixed term but not extended for use;

d) Land recovery in the case of termination of an investment project in accordance with investment law regulations;

d) Land recovery in cases where the forest has been recovered according to the provisions of forestry law.

2. Land users reduce or no longer need to use the land and voluntarily submit a request to return the land.

3. Cases of land recovery due to threats to human life or inability to continue use include:

a) Residential land in areas polluted with environmental hazards threatening human life; other land in areas polluted with environmental hazards that can no longer be used for the designated purpose;

b) Residential land at risk of landslides, subsidence, or affected by other natural disasters threatening human life; other land affected by landslides, subsidence, or other natural disasters that can no longer be used.

4. Land recovery in cases where land must be recovered as stipulated in Clause 1, Article 48, and points d and đ, Clause 1, Article 181 of this Law.

5. The land recovery in the cases stipulated in Clauses 1, 2, and 3 of this Article must be based on the following grounds:

a) A document from the competent authority that has legal effect for the case specified in Point a, Clause 1 of this Article;

b) A death certificate or a decision declaring a person dead in accordance with the law for the case specified in Point b, Clause 1 of this Article;

c) A land allocation decision, land lease decision, Certificate of Land Use Rights, Certificate of House Ownership and Land Use Rights, Certificate of Land Use Rights, House Ownership and Other Assets Attached to Land, Certificate of Land Use Rights and Ownership of Assets Attached to Land for the case specified in Point c, Clause 1 of this Article;

d) A document terminating an investment project for the case specified in Point d, Clause 1 of this Article;

d) Document on forest land recovery for the case specified in point d, clause 1 of this Article;

e) Document of land return from the land user for the case specified in clause 2 of this Article;

g) Document from the competent authority determining the level of environmental pollution, landslide, land subsidence, impacted by other natural disaster phenomena for the case specified in clause 3 of this Article.

6. The Government shall regulate the details of this Article.

Article 83. Authority to recover land and handle cases of land recovery, assets attached to land that are public assets

1. The provincial People's Committee shall decide to recover land from domestic organizations, religious organizations, affiliated religious organizations, overseas Vietnamese individuals, foreign organizations with diplomatic functions, and foreign-invested economic organizations in cases specified in Articles 81 and 82 of this Law.

2. The district People's Committee shall decide to recover land in the following cases:

a) Recovery of land in cases specified in Articles 78 and 79 of this Law, regardless of the land user, organization, or individual currently managing or occupying the land;

b) Recovery of land from households, individuals, and community groups in cases specified in Articles 81 and 82 of this Law.

3. In cases where land use rights and assets attached to land are public assets that fall under the categories of land recovery according to the provisions of this Law, it is not necessary to reorganize or handle public assets in accordance with the law on management and use of public assets.

Article 84. Cases of land recovery related to national defense and security

1. In cases of land recovery for national defense and security that is already included in the national defense land use plan or security land use plan, and is to be transferred to local authorities for the implementation of socio-economic development projects for national and public interest as prescribed in Article 79 of this Law, agreement must be obtained from the Minister of National Defense for defense land, and from the Minister of Public Security for security land. In the case of disagreement, the Provincial People’s Committee is responsible for reporting to the Prime Minister for consideration and decision.

2. In cases where land must be recovered to carry out national defense and security tasks but is not yet included in the national defense land use plan or the security land use plan, the Minister of National Defense and the Minister of Public Security shall consult with the Ministry of Natural Resources and Environment and the Provincial People's Committee where the land is located to report to the Prime Minister for consideration and approval of the land recovery, and it must be updated when reviewing and adjusting the plan in accordance with the law after implementation.

3. In cases where national defense or security land, and assets attached to the land, must be recovered to be transferred to local authorities for socio-economic development projects for national and public interests, but the area of the land to be recovered has not been identified in the national defense land use plan or the security land use plan as land transferred to the local authorities, the following provisions shall apply:

a) For projects under the authority of the National Assembly to decide and approve the investment policy in accordance with the law on public investment, the law on investment under the public-private partnership method, and investment law, after the National Assembly decides and approves the investment policy, the Prime Minister shall consider and approve the recovery of land for defense, security, and assets attached to the land for the implementation of the project;

b) For projects under the authority of the Prime Minister to decide and approve the investment policy in accordance with the law on public investment, the law on investment under the public-private partnership method, and investment law, the Prime Minister shall consider and approve the recovery of defense, security land, and assets attached to the land for the implementation of the project along with the consideration to decide, approve, and accept the investment policy.

c) Public investment projects, investment projects under the public-private partnership model that do not fall under the cases specified in points a and b of this clause, shall have the Provincial People's Committee coordinate with the Ministry of National Defense regarding defense land, and with the Ministry of Public Security regarding security land to report to the Prime Minister for consideration and approval of the recovery of defense and security land, and assets attached to the land to implement the project before deciding on investment in accordance with the laws on public investment and investment under the public-private partnership model;

d) The land area belonging to the projects specified in points a, b, and c of this clause, after being recovered, must be updated when reviewing and adjusting the planning according to legal regulations.

4. The Government shall provide detailed regulations on this Article.

Article 85. Notification of land recovery and compliance with the decision on land recovery for national defense, security purposes; socio-economic development for the national and public interest

1. Before issuing a land recovery decision, the competent state agency must send a notice of land recovery to the person whose land is being recovered, the owner of assets attached to the land, and persons with related rights and obligations (if any) no later than 90 days for agricultural land and 180 days for non-agricultural land. The content of the land recovery notice includes: the reason for land recovery; the area and location of the land to be recovered; the schedule of land recovery; the plan for investigation, survey, measurement, and counting; the plan for relocating residents from the land recovery area; and the plan for compensation, support, and resettlement.

2. In the case that the land user, the owner of assets attached to the land, or persons with related rights and obligations in the land acquisition area agree to allow the competent state authority to recover the land before the deadline specified in Clause 1 of this Article, the competent People's Committee shall decide to recover the land without waiting until the expiry of the deadline specified in Clause 1 of this Article.

3. Persons whose land is recovered and the owners of assets attached to the land are responsible for cooperating with the units or organizations performing the tasks of compensation, support, and resettlement during the process of investigation, survey, measurement, counting, and constructing the plan for compensation, support, and resettlement.

4. When the decision on land recovery comes into effect and the compensation, support, and resettlement plan has been approved by the competent authority and publicly announced, the landholder whose land is recovered, the owner of assets attached to the land, and persons with related rights and obligations must comply with the land recovery decision.

5. The validity of the land recovery notice is 12 months from the date of issuance of the land recovery notice.

Article 86. Agencies, units, and organizations responsible for carrying out tasks of compensation, support, resettlement; management, exploitation, and use of the recovered land fund

1. The district-level People's Committee is responsible for directing and organizing the implementation of compensation, support, and resettlement tasks in accordance with the provisions of this Law.

2. Units and organizations carrying out tasks of compensation, support, and resettlement include one or more of the following units and organizations:

a) Land fund development organizations;

b) Other units or organizations with the function of carrying out compensation, support, and resettlement tasks;

c) The council for compensation, support, and resettlement.

The compensation, support, and resettlement council is established for each project by the decision of the Chairman of the District-level People's Committee, including: the Chairman or Vice Chairman of the District-level People's Committee as the Chairman; representatives from the financial agency, the agency in charge of land management, the Commune-level People's Committee where the land is to be acquired; representatives of the land users whose land is to be acquired; and several other members as decided by the Chairman of the District-level People's Committee to suit local conditions. Representatives of the People's Council, the Vietnam Fatherland Front Committee at the district level, and representatives of other political-social organizations are invited to attend the meetings of the compensation, support, and resettlement council for supervision.

3. Units and organizations responsible for carrying out compensation, support, and resettlement tasks coordinate with the District-level People's Committee to carry out compensation, support, and resettlement work according to their assigned functions and duties.

4. The Chairman of the Provincial People's Committee shall direct and monitor the organization and implementation of compensation, support, and resettlement work by the District People's Committee; promptly resolve difficulties that are beyond the district's authority.

5. Land that has been recovered in accordance with Articles 78 and 79 of this Law but has not yet been handed over or leased for use in urban areas shall be assigned to the land fund development organization for management, exploitation, and use; in rural areas, it shall be assigned to the Commune People's Committee for management.

Article 87. Procedures and processes for compensation, support, resettlement, and land recovery for national defense and security purposes; socio-economic development for national and public interest

1. Before the land acquisition notice is issued, the People's Committee of the commune where the land is located shall preside and coordinate with the Vietnam Fatherland Front Committee at the same level, units, organizations performing the tasks of compensation, support, resettlement, and relevant agencies to hold a meeting with the landowners in the area to be acquired to disseminate and receive feedback on the following contents:

a) The purpose, significance, and importance of the project or construction to be implemented on the proposed land to be acquired;

b) State regulations on policies of compensation, support, and resettlement when land is acquired;

c) The proposed content of the compensation, support, and resettlement plan;

d) The proposed resettlement area in case the landowners subject to acquisition are arranged for resettlement.

2. The implementation of the land acquisition plan, investigation, survey, measurement, and enumeration is stipulated as follows:

a) The competent People's Committee to acquire the land shall issue a land acquisition notice;

b) The commune-level People's Committee where the land is being recovered shall send a land recovery notice to each person whose land is being recovered, the owner of assets attached to the land, and persons with related rights and obligations (if any). At the same time, it shall post the land recovery notice and the list of people whose land is being recovered in the management area at the office of the commune-level People's Committee and at the communal activity locations of the residential area where the land is being recovered throughout the period of compensation, support, and resettlement.

In cases where it is not possible to contact or send a land recovery notice to the person whose land is being recovered, the owner of assets attached to the land, or persons with related rights and obligations (if any), the notice shall be published in one of the daily newspapers of the central or provincial level for 03 consecutive issues and broadcast on the central and provincial radio or television stations 03 times over 03 consecutive days; posted at the headquarters of the commune-level People's Committee, at the common activity locations of the residential area where the land is being recovered, and uploaded to the electronic portal of the district-level People's Committee throughout the period of compensation, support, and resettlement without the need to resend the land recovery notice.

c) The commune-level People's Committee where the land to be recovered is located shall coordinate with the unit or organization responsible for implementing compensation, support, and resettlement tasks, as well as relevant agencies and the persons whose land is being recovered, to conduct investigation, survey, record the current status, measure, take inventory, make statistics, classify the area of recovered land and assets attached to the recovered land; determine the origin of the recovered land and assets attached to the recovered land;

d) The commune-level People's Committee where the land to be recovered is located shall coordinate with the unit or organization responsible for implementing compensation, support, and resettlement tasks to investigate, determine, and make full statistics of the actual damages to land use rights and assets attached to the recovered land; identify the persons with related rights and obligations; income from the use of land and assets attached to the recovered land; and the aspirations for resettlement and career change;

d) In the case where the person whose land is being recovered does not cooperate in investigation, surveying, measuring, and listing, the commune-level People's Committee shall take the lead, in coordination with the commune-level Vietnam Fatherland Front Committee where the land is being recovered and the unit or organization implementing the task of compensation, support, and resettlement, to encourage and persuade in order to create consensus in the implementation.

The organization of mobilization and persuasion shall be carried out within 15 days and must be documented in writing. If, within 10 days from the date the mobilization and persuasion ends, the landowner still does not cooperate with investigation, survey, measurement, or inventory, the Chairman of the District People's Committee shall issue a compulsory inventory decision. The landowner is responsible for implementing the compulsory inventory decision; if they do not comply, the Chairman of the District People's Committee shall issue a decision to enforce the implementation of the compulsory inventory decision and organize the enforcement in accordance with the provisions of Article 88 of this Law.

3. The preparation, appraisal, and approval of the compensation, support, and resettlement plan is regulated as follows:

a) The unit or organization responsible for carrying out compensation, support, and resettlement tasks is responsible for preparing a compensation, support, and resettlement plan and coordinating with the People's Committee at the commune level where the land is to be recovered to publicly post the compensation, support, and resettlement plan at the office of the commune-level People's Committee and at the common activity area of the residential area where the land is to be recovered within 30 days. Immediately after the public posting period ends, the organization collects opinions on the compensation, support, and resettlement plan by organizing direct meetings with residents in the area where the land is to be recovered. In cases where landowners or property owners do not attend the direct meeting for a valid reason, they may submit their opinions in writing.

The organization of collecting opinions must be recorded in minutes, clearly stating the number of opinions in agreement, the number of opinions in disagreement, and the number of other opinions regarding the compensation, support, and resettlement plan; responses and explanations of the feedback; with confirmation from the representative of the Commune People's Committee and representatives of the landowners concerned.

Within 60 days from the date of collecting opinions, the unit or organization responsible for compensation, support, and resettlement must coordinate with the Commune People's Committee where the land is recovered to organize a dialogue in case there are still disagreements regarding the compensation, support, and resettlement plan; the unit or organization responsible for compensation, support, and resettlement must respond to and explain the feedback on the draft compensation, support, and resettlement plan; and finalize the plan to submit to the competent authority.

b) The compensation, support, and resettlement plan must be appraised before being submitted to the competent People's Committee for a decision on land recovery;

c) The competent People's Committee deciding on land recovery shall approve the compensation, support, and resettlement plan.

4. Units and organizations performing the task of compensation, support, and resettlement are responsible for the following:

a) Coordinating with the commune-level People's Committee to publicize and post publicly the decision approving the compensation, support, and resettlement plan at the office of the commune-level People's Committee and at the common activity areas of the residential community where the land is recovered;

b) Send the compensation, support, and resettlement plan that has been approved by the competent authority to each person whose land is being recovered, the owner of assets attached to the land, and persons with related rights and obligations, clearly stating the level of compensation, support, arrangement of houses or resettlement land (if any), the time and place of payment of compensation and support; the time to arrange houses or resettlement land (if any), and the time to hand over the recovered land to the unit or organization performing the compensation, support, and resettlement tasks;

c) Implement compensation, support, and resettlement according to the compensation, support, and resettlement plan approved by the competent authority.

5. The People's Committee at the competent level shall issue a land recovery decision within 10 days from the date of:

a) Approving the compensation, support, and resettlement plan for cases where resettlement arrangement is not required;

b) Land users whose land is recovered are arranged for on-site resettlement and agree to receive compensation for temporary accommodation costs;

c) Land users whose land is recovered have been assigned land and handed over land on the ground by the competent authority to self-build resettlement houses;

d) Land users whose land is recovered have been handed over resettlement houses by the competent state authority;

đ) Land users whose land is recovered have been handed over residential land attached to resettlement houses by the competent state authority;

e) Land users whose land is recovered agree and have received compensation to arrange their own housing;

g) Land users whose land is recovered voluntarily hand over the land to the State and have been arranged temporary accommodation or received payment for temporary accommodation costs.

6. In case the competent state authority organizes the implementation of the compensation, support, and resettlement plan approved by the competent authority, but the land user does not agree or does not cooperate, the following shall be carried out:

a) The commune-level People's Committee shall take the lead, in coordination with the commune-level Vietnam Fatherland Front Committee where the land is to be recovered and the unit or organization responsible for compensation, support, and resettlement, in mobilizing and persuading to create consensus in implementation;

b) The mobilization and persuasion process must be conducted within 10 days and must be documented in writing. If, after 10 days from the end of mobilization and persuasion, the person whose land is to be recovered still does not agree or does not cooperate, the competent-level People's Committee shall issue a land recovery decision.

7. In cases where the person whose land is to be recovered, the owner of assets attached to the land, or persons with related rights and obligations do not hand over the land to the unit or organization performing the tasks of compensation, support, and resettlement, the following measures shall be taken:

a) The commune-level People's Committee shall preside and coordinate with the commune-level Vietnam Fatherland Front Committee where the land is being recovered and with the unit or organization performing the duties of compensation, support, and resettlement to mobilize and persuade the landowner, the owner of assets attached to the land, and those with related rights and obligations to hand over the land to the unit or organization performing the duties of compensation, support, and resettlement;

b) The mobilization and persuasion must be carried out within 10 days and must be documented in writing. If, after 10 days from the end of the mobilization and persuasion period, the landowner still does not comply with handing over the land to the unit or organization performing the duties of compensation, support, and resettlement, the Chairman of the district-level People's Committee shall issue a decision to forcibly recover the land and organize the enforcement of the recovery in accordance with the provisions of Article 89 of this Law.

8. In organizing the development of the land fund, the Commune-level People's Committee is responsible for managing land that has been recovered but has not yet been allocated or leased in accordance with the provisions of Clause 5, Article 86 of this Law.

9. The Government shall provide detailed regulations on this.

Article 88. Forcible execution of the compulsory inventory decision

1. The forcible execution of the compulsory inventory decision must ensure the following principles:

a) Conducted openly, transparently, democratically, and objectively, ensuring order, safety, and compliance with the law;

b) The starting time for the forcible execution must be during working hours.

2. The forcible execution of the compulsory inventory decision is carried out when all of the following conditions are met:

a) The person whose land is being recovered, the owner of assets attached to the land, and persons with related rights and obligations do not comply with the mandatory inventory decision after the Commune People's Committee, the Commune-level Vietnam Fatherland Front Committee where the land is recovered, and the units or organizations performing compensation, support, and resettlement tasks have persuaded and advised them;

b) The decision to enforce the mandatory inventory decision has been publicly posted at the office of the Commune People's Committee, at the common activity location of the residential area where the land is recovered, and has been announced on the commune-level broadcasting system;

c) The decision to enforce the mandatory inventory decision has taken legal effect;

d) The person being enforced has received the decision to enforce the mandatory inventory decision that has taken legal effect.

In cases where the person subjected to coercion refuses to receive the coercion decision or is absent when the coercion decision is delivered, the commune-level People's Committee shall make a record.

3. The Chairman of the District-level People's Committee shall issue a decision to enforce the compulsory inventory decision and organize the enforcement of the coercive decision.

4. The implementation of the coercive decision to carry out the compulsory inventory decision shall be conducted according to the following sequence and procedures:

a) The organization assigned to carry out the enforcement shall mobilize, persuade, and dialogue with the person subject to coercion;

b) In the case where the person subject to coercion complies with the enforcement decision, the organization assigned to carry out the enforcement shall draw up a record noting the compliance and conduct investigation, survey, measurement, and inventory.

In the case where the person subject to coercion does not comply with the enforcement decision, the organization assigned to carry out the enforcement shall execute the coercive decision.

5. The police force is responsible for maintaining order and safety during the process of organizing the enforcement of the coercive decision to carry out the compulsory inventory decision.

6. The Government shall regulate the details of this Article.

Article 89. Enforcement of the land recovery decision

1. The enforcement of the land recovery decision must ensure the following principles:

a) Conducted openly, transparently, democratically, and objectively, ensuring order, safety, and compliance with the law;

b) The time to start the enforcement must be carried out during working hours. Enforcement shall not be carried out from 10:00 PM of the previous day to 6:00 AM of the following day; on public holidays and weekends as prescribed by law, traditional holidays of ethnic minorities; within 15 days before and after the Lunar New Year holiday, and in other special cases that seriously affect local security, politics, order, social safety, customs, and traditions;

c) The enforcement of the land recovery decision shall be carried out with the land user, the owner of assets attached to the land, and other related parties involved with the recovered land (if any).

2. The enforcement of the land recovery decision is carried out when the following conditions are met:

a) The land recovery decision has taken effect, but the landholder does not comply with it after the commune-level People's Committee, the commune-level Vietnam Fatherland Front Committee where the land is recovered, and the competent land management agency or the unit/organization responsible for compensation, support, and resettlement have mobilized and persuaded them;

b) The enforcement decision of the land recovery decision has been publicly posted at the office of the commune-level People's Committee and at the common activity location of the residential area where the land is recovered;

c) The enforcement decision of the land recovery decision has taken effect;

d) The person subject to enforcement has received the enforcement decision of the land recovery decision that has taken effect.

In the case where the person subject to coercion refuses to receive the coercion decision or is absent when the coercion decision is delivered, the commune-level People's Committee shall make a written record.

3. The Chairman of the district-level People's Committee shall issue a coercion decision to implement the land recovery decision and organize the implementation of the coercion decision.

The coercion decision must be enforced within 10 days from the date the person subject to coercion receives the coercion decision or from the date the commune-level People's Committee makes a written record of the person subject to coercion being absent or refusing to receive the coercion decision, except in cases where the coercion decision stipulates a longer time limit.

4. The implementation of the decision to enforce the decision on land recovery shall follow the following order and procedures:

a) Before carrying out the enforcement, the Chairman of the District People's Committee shall decide to establish the Land Recovery Enforcement Committee, including: the Chairman or Vice Chairman of the District People's Committee as the head of the committee; representatives of agencies with inspection, judicial, natural resources and environment, and construction functions; units and organizations responsible for compensation, support, and resettlement tasks; representatives of the leadership of the Communal People's Committee where the land is recovered as members, and other members as decided by the Chairman of the District People's Committee;

b) The Land Recovery Enforcement Committee shall mobilize, persuade, and engage in dialogue with the person subject to enforcement; if the person subject to enforcement complies, the Land Recovery Enforcement Committee shall make a record documenting the compliance. The handover of the land shall be carried out no later than 30 days from the date the record is made.

In the case where the person subject to enforcement does not comply with the enforcement decision, the Land Recovery Enforcement Committee shall organize the enforcement;

c) The Land Recovery Enforcement Committee has the right to require the person subject to enforcement and related persons to leave the enforced land plot and remove their assets from the enforced land plot; if they do not comply, the Land Recovery Enforcement Committee is responsible for moving the person subject to enforcement and related persons along with their assets out of the enforced land plot.

In the case where the person subject to enforcement refuses to receive the property, the Land Recovery Enforcement Committee must make a record, organize the preservation of the property in accordance with the law, and notify the person who owns the property to reclaim the property;

d) The Land Recovery Enforcement Committee shall invite a representative of the Vietnam Fatherland Front Committee at the district level to participate in supervising the land recovery enforcement.

5. Responsibilities of agencies, organizations, and individuals in implementing the enforcement of land recovery decisions are as follows:

a) The district-level People's Committee is responsible for organizing the enforcement, handling complaints related to enforcement according to the law on complaints; ensuring necessary conditions and means for enforcement; allocating funds for land recovery enforcement;

b) The land recovery enforcement committee is responsible for presiding over the preparation of the enforcement plan and estimating the budget for enforcement activities to submit to the district-level People's Committee for approval; handing over the land to the unit or organization responsible for compensation, support, and resettlement tasks.

In case there are assets on the recovered land, the preservation of assets shall be carried out according to the Government's regulations; the cost of preserving such assets shall be paid by the owner.

c) The police force is responsible for protecting order and safety during the process of enforcing the decision to carry out the land recovery enforcement decision;

d) The People's Committee of the commune where the land is recovered is responsible for coordinating with relevant agencies and units to organize the implementation of public posting of the decision to enforce the land recovery decision; participating in the enforcement; coordinating with the Land Recovery Enforcement Committee to seal and move the assets of the person subject to land recovery enforcement;

d) Other relevant agencies, organizations, and individuals are responsible for coordinating with the Land Recovery Enforcement Committee to carry out land recovery enforcement when requested by the Land Recovery Enforcement Committee.

6. The funding for the forced land recovery, guaranteed by the state budget, is included as an item in the compensation, support, and resettlement expenses.

7. The Government shall provide detailed regulations on this Article.

Article 90. Land requisition

1. The State shall requisition land in cases of genuine necessity for the performance of national defense and security tasks or in situations of war, emergency, or disaster prevention and control.

2. The decision to requisition land must be in writing and shall take effect from the date of issuance.

In an emergency where a decision cannot be made in writing, the competent authority may decide to requisition land verbally, and it takes effect immediately; the authority who decides on the requisition must issue a written confirmation of the land requisition at the time of requisition and hand it to the person whose land is being requisitioned. No later than 48 hours from the time the verbal land requisition decision is made, the agency of the person who made the verbal land requisition decision is responsible for confirming the land requisition in writing and sending it to the person whose land is being requisitioned.

3. The Minister of National Defense, the Minister of Public Security, the Minister of Transport, the Minister of Agriculture and Rural Development, the Minister of Health, the Minister of Industry and Trade, the Minister of Natural Resources and Environment, the Minister of Finance, the Chairman of the Provincial People's Committee, and the Chairman of the District People's Committee have the authority to decide on land requisition and to decide on the extension of land requisition. The person authorized to decide on land requisition or to decide on the extension of land requisition is not allowed to delegate this authority.

4. The land requisition period shall not exceed 30 days from the effective date of the land requisition decision. In cases where the land requisition period expires but the purpose of the requisition has not been fulfilled, an extension may be granted, but not exceeding 30 days. The decision to extend the land requisition must be made in writing and sent to the land requisitioned person and the owner of the property attached to the requisitioned land before the expiration of the requisition period.

In the case of a state of war or a state of emergency, the requisition period is calculated from the date of the decision until no more than 30 days from the date of the termination of the state of war or the state of emergency.

5. The person whose land is requisitioned, or the owner of assets attached to the requisitioned land, must comply with the land requisition decision. In cases where the land requisition decision has been carried out in accordance with the provisions of the law but the person whose land is requisitioned does not comply, the person who made the land requisition decision shall issue a decision to enforce it and organize enforcement, or entrust the Chairman of the Provincial People's Committee or the Chairman of the District People's Committee where the requisitioned land is located to organize enforcement.

6. The person authorized to requisition land is responsible for handing over the land to organizations or individuals to manage and use the requisitioned land properly and effectively; returning the land when the requisition period expires; and compensating for damages caused by the land requisition.

7. Compensation for damages caused by land requisition shall be implemented in accordance with the following provisions:

a) In the case of requisitioned land being destroyed, compensation is made in cash according to the market transfer price of land use rights at the time of payment;

b) In cases where income is damaged due to the direct requisition of land, the compensation amount is determined based on the actual income loss calculated from the date the land is requisitioned to the date the land is returned as stated in the decision on the return of requisitioned land. The actual income loss level must correspond to the income that the requisitioned land would normally generate before the time of requisition;

c) In cases where assets are damaged due to the direct requisition of land, the compensation for damage is determined according to the market transfer price of the asset at the time of payment;

d) The Chairman of the Provincial People's Committee and the Chairman of the District People's Committee where the expropriated land is located shall establish a Council to determine the level of compensation for damages caused by land expropriation based on the land user’s declaration document and cadastral records. Based on the level of damage compensation determined by the Council, the Chairman of the Provincial People's Committee or the Chairman of the District People's Committee shall decide the compensation amount;

d) Compensation money for damages caused by land expropriation shall be paid by the state budget in a single payment directly to the person whose land is expropriated, the owner of assets attached to the expropriated land, within no more than 30 days from the date of land return.

8. The Government shall provide detailed regulations on this Article.

Chapter VII. COMPENSATION, SUPPORT, AND RESETTLEMENT WHEN THE STATE RECOVERS LAND

Section 1. GENERAL PROVISIONS

Article 91. Principles of compensation, support, and resettlement when the State recovers land

1. Compensation, support, and resettlement when the State recovers land must ensure democracy, objectivity, fairness, publicity, transparency, timeliness, and compliance with legal regulations; for the common good, sustainable, civilized, and modern development of the community and the locality; with attention to social policy beneficiaries and direct agricultural producers.

2. Land compensation is carried out by allocating land with the same use purpose as the recovered land. In cases where there is no land for compensation, it will be compensated in cash according to the specific land price of the recovered land type decided by the competent People's Committee at the time of approving the compensation, support, and resettlement plan. In cases where the person whose land is recovered is compensated with land or housing but wishes to be compensated in cash, they will be compensated in cash according to the registered wish when preparing the compensation, support, and resettlement plan.

For people whose land is recovered, if they have a demand and the locality has conditions regarding land funds and housing funds, compensation can be considered in the form of other land of a different use than the recovered land or in the form of housing.

3. Property owners according to civil law who suffer property damage are entitled to compensation for the damage; owners of production or business establishments who have to stop production or business due to the State recovering land are considered for support.

4. The State is responsible for supporting people whose land is recovered and property owners to facilitate them in having jobs, income, and stabilizing their life and production.

5. Resettlement areas must complete the conditions for technical infrastructure and social infrastructure in a synchronized manner according to the detailed planning approved by the competent authority; at the same time, they must be suitable to the cultural traditions, customs, and practices of the community where the land is recovered. Resettlement areas can be arranged for one or multiple projects.

6. The provincial People's Committee and the district People's Committee are responsible for organizing the preparation and implementation of resettlement projects to ensure proactivity in arranging resettlement for landowners. The approval of compensation, support, and resettlement plans, as well as the arrangement of resettlement, must be completed before the land recovery decision is made.

7. When the State recovers land according to the provisions of Articles 78 and 79 of this Law, and the remaining area of the land plot after recovery is smaller than the minimum area prescribed by the provincial People's Committee regarding the minimum area under Clause 2, Article 220 of this Law, if the land user agrees to the land recovery, the competent People's Committee shall decide on the land recovery and carry out compensation, support, and management of this land area according to the provisions of law.

The funds for compensation and support in the case of land recovery specified in this clause shall be included in the compensation, support, and resettlement funds of the investment project.

Article 92. Compensation, support, and resettlement for special cases

1. For investment projects decided by the National Assembly or the Prime Minister, where the approval of the investment policy requires land recovery that displaces entire communities, affects the entire life, economy, society, and cultural traditions of the community, and requires special policies on compensation, support, and resettlement, the Provincial People's Council shall decide on compensation, support, and resettlement policies appropriate to the actual conditions of the locality.

2. In the case of land recovery specified in Clause 3, Article 82 of this Law, the person whose land is recovered shall be compensated, supported, and resettled as in the case of land recovery under the provisions of Articles 78 and 79 of this Law.

3. In the case of an organization whose land is recovered but does not receive compensation for the land, the organization that has assets managed and used by the State shall proceed as follows:

a) Organizations allocated land by the State with land use fees, or leased land with a one-time payment for the entire lease term, where the land use fees or lease payments originate from the state budget, and organizations allocated land by the State without land use fees, when the State recovers the land, are not entitled to compensation for the land but are supported with money if they have to relocate to a new facility as decided by a competent state authority; the maximum support level shall not exceed the land compensation rate;

b) People's armed units currently using land, when the State recovers the land in accordance with Article 79 of this Law, shall be allocated a new location or have land use positions adjusted suitably;

c) When the State recovers land, an organization suffering damage to assets managed and used under state allocation, and must relocate to a new facility, is allowed to use the compensation for assets to invest in the new facility according to the investment project approved by the competent authority.

4. The Government shall provide detailed regulations on this Article.

Article 93. The separation of compensation, support, and resettlement contents into an independent project and the recovery of land, compensation, support, and resettlement for investment projects

In cases where a compensation, support, and resettlement project is separated into an independent project in accordance with the law on public investment, the land recovery, compensation, support, and resettlement shall be carried out in accordance with the provisions of this Law.

Article 94. Funding and Payment of Compensation, Support, and Resettlement

1. The funding for compensation, support, and resettlement shall be guaranteed by the State. The funding for compensation, support, and resettlement includes: compensation, support, and resettlement expenses when the State recovers land; expenses to ensure the organization of the implementation of compensation, support, and resettlement; and other expenses.

2. In cases where the State allocates land with land use levy collection or leases land in accordance with the provisions of the Land Law, if the project implementer voluntarily advances funds for compensation, support, and resettlement according to the compensation, support, and resettlement plan approved by the competent authority, the state budget shall reimburse such funds by deducting them from the land use levy or land lease fees payable. The amount to be deducted shall not exceed the land use levy or land lease fees payable; any remaining amount (if any) shall be calculated as part of the project's investment cost.

In the case where the State allocates land without collecting land use fees, allocates land with land use fees, or leases land according to the provisions of land law, and the project implementer is exempt from land use fees and land lease fees for the entire land use period if voluntarily advancing the compensation, support, and resettlement costs according to the compensation, support, and resettlement plan approved by the competent authority, the compensation, support, and resettlement costs shall be included in the project investment costs.

3. The payment of compensation, support, and resettlement is carried out as follows:

a) Within 30 days from the effective date of the decision approving the compensation, support, and resettlement plan, the agency, unit, or organization implementing the compensation must pay the compensation and support to the land recovery subjects and property owners;

b) In the case that an agency, unit, or organization implements compensation payment late, when paying compensation and support to the person whose land is recovered, or to the property owner, in addition to the compensation and support according to the compensation, support, and resettlement plan approved by the competent authority, the person whose land is recovered or the property owner shall also be paid an additional amount equal to the late payment interest as prescribed in the Law on Tax Administration, calculated on the overdue amount and the duration of the delay.

The competent authority approving the compensation, support, and resettlement plan is responsible for approving the plan for late compensation payment to the person whose land is recovered or the property owner. The funds for late compensation payment shall be arranged from the budget of the level that approved the compensation, support, and resettlement plan.

4. In cases where the person whose land is being recovered, or the owner of the property, does not accept the compensation and support according to the compensation, support, and resettlement plan approved by the competent authority, or in cases where the recovered land or property is currently in dispute, the compensation and support money shall be deposited into the deposit account of the unit or organization implementing the compensation, support, and resettlement task, opened at a commercial bank in which the State holds a controlling share, at a non-term interest rate. The interest from the compensation and support money shall be paid to the person with the right to use the land or the owner of the property entitled to compensation and support.

5. In cases where the compensation, support, and resettlement plan needs to be amended or supplemented and the amendments concern land prices or asset prices, the land prices and asset prices used to calculate compensation shall be determined at the time of issuance of the decision to adjust the compensation, support, and resettlement plan. In cases where, at the time of issuing the decision to adjust the compensation, support, and resettlement plan, the land prices or asset prices are lower than those in the approved compensation, support, and resettlement plan, the compensation prices in the approved plan shall be applied. Amendments and supplements that do not concern land prices or asset prices shall be applied in accordance with the provisions of the land law at the time of approval of the compensation, support, and resettlement plan.

6. Land users who are compensated when the State recovers land, but have not fulfilled their financial obligations to the State regarding land according to the law, must have the unpaid financial obligations deducted from the compensation to be returned to the state budget.

7. The Government shall provide detailed regulations on this Article.

Section 2. COMPENSATION FOR LAND

Article 95. Conditions for land compensation when the State recovers land for national defense, security purposes; economic and social development for national and public interest

1. Cases eligible for land compensation when the State recovers land for national defense, security purposes; economic and social development for national and public interest include:

a) Households and individuals currently using land that is not land leased on an annual rental payment basis;

b) Residential communities that are using land with constructions such as temples, communal houses, shrines, small temples, family altars, churches, or other religious works; agricultural land as prescribed in Clause 4, Article 178 of this Law, and such land is not disputed, confirmed by the commune-level People’s Committee where the land is located as land used commonly for the community;

c) Overseas Vietnamese as prescribed in Clause 1, Article 44 of this Law;

d) Religious organizations, affiliated religious organizations permitted by the State to operate that are using land which is not land allocated or leased by the State; not land received through transfer or donation from July 1, 2004, onwards;

d) Overseas Vietnamese who are allocated land by the State with land use fees, lease land with a one-time rental payment for the entire lease term; receive transfer of land use rights in industrial zones, industrial clusters, hi-tech zones, and economic zones;

e) Organizations granted land by the State with land use fees, leasing land by paying the land rent in a lump sum for the entire lease term; receiving inheritance of land use rights, receiving transfer of land use rights, receiving capital contribution in the form of land use rights;

g) Foreign organizations with diplomatic functions are allowed by the State to lease land by paying the land rental fee in a lump sum for the entire lease term;

h) Economic organizations, Vietnamese people residing abroad, and economic organizations with foreign investment are allowed by the State to be allocated land with land use fees to implement investment projects for building houses for sale or for sale combined with lease; or to lease land by paying the land rental fee in a lump sum for the entire lease term.

2. Cases specified in Clause 1 of this Article shall be compensated for land when one of the following conditions is met:

a) Having a Certificate of Land Use Rights or a Certificate of Ownership of a House and Land Use Rights, or a Certificate of Land Use Rights, Ownership of a House, and Other Assets Attached to Land, or a Certificate of Land Use Rights, Ownership of Assets Attached to Land;

b) Has a decision on land allocation or a decision on land lease or a decision allowing the change of land use purpose from a competent state agency;

c) Has one of the documents regarding land use rights as a basis for granting the Certificate of land use rights, ownership of assets attached to the land as prescribed in Article 137 of this Law;

d) Receives transfer of land use rights in accordance with the law from a person with legal land use rights but has not completed land registration procedures;

đ) Is allowed to use land according to agreements in a mortgage contract for debt settlement; a document recognizing the result of the land use rights auction where the auction winner has completed financial obligations as prescribed by law.

3. The Government shall specify other cases entitled to land compensation and the conditions for land compensation.

Article 96. Land compensation when the State recovers agricultural land from households and individuals.

1. Households and individuals currently using agricultural land, when the State recovers land, if they meet the conditions for compensation specified in Article 95 of this Law, shall be compensated with agricultural land or money or land for purposes other than the type of land being recovered, or with a house.

2. Households and individuals currently using agricultural land, when the State recovers land, the compensation for agricultural land is regulated as follows:

a) The area of agricultural land eligible for compensation includes the area within the limits specified in Articles 176 and 177 of this Law and the area of land inherited;

b) For the area of agricultural land received through land use rights transfer exceeding the limit before July 1, 2014, compensation and support shall be implemented in accordance with Government regulations.

3. For agricultural land that was used before July 1, 2004, where the land users are households or individuals directly engaged in agricultural production but do not meet the conditions to be granted a Certificate of Land Use Rights, ownership of assets attached to the land according to the provisions of this Law, compensation shall be carried out according to the regulations of the Government.

Article 97. Compensation for land when the State recovers agricultural land from economic organizations, community organizations, religious organizations, and subordinate religious organizations.

1. Economic organizations using agricultural land that has been allocated by the State with land use fees, leased land with a one-time land lease payment for the entire lease term, or acquired land use rights when the State recovers land, if meeting the conditions for compensation as stipulated in Article 95 of this Law, shall be compensated for the land.

2. Residential communities, religious organizations, and subordinate religious organizations using agricultural land, when the State recovers the land, if meeting the conditions for compensation as stipulated in Article 95 of this Law, shall be compensated for the land.

Article 98. Compensation for land when the State recovers residential land.

1. Households, individuals, overseas Vietnamese, and economic organizations currently using land or owning houses attached to land use rights in Vietnam, when the State recovers land, if they meet the conditions for compensation as stipulated in Article 95 of this Law, shall be compensated with residential land, or houses, or money, or land with a purpose different from the type of land being recovered.

2. Economic organizations, overseas Vietnamese, and foreign-invested economic organizations currently using land to implement housing construction investment projects, when the State recovers land, if they meet the conditions for compensation as stipulated in Article 95 of this Law, shall be compensated with money or land.

3. The government shall provide detailed regulations on this Article.

Article 99. Compensation for land when the State recovers non-agricultural land that is not residential land of households or individuals.

1. Households and individuals using non-agricultural land that is not residential land, when the State recovers the land, if they meet the conditions for compensation stipulated in Article 95 of this Law, shall be compensated with land of the same usage purpose as the recovered land or with money according to the remaining land use term for land with a fixed-term use, or with land of a different usage purpose than the recovered land, or with housing.

2. Households and individuals using non-agricultural land that is not residential land leased from the State with a one-time payment for the entire lease term but are exempt from land rent when the State recovers the land, if they meet the conditions for compensation stipulated in Article 95 of this Law, shall be compensated for the land.

3. The government shall provide detailed regulations on this Article.

Article 100. Compensation for land when the State recovers non-agricultural land that is not residential land of economic organizations, public service units, community residents, religious organizations, subordinate religious organizations, overseas Vietnamese, foreign organizations with diplomatic functions, or foreign-invested economic organizations.

1. Economic organizations and overseas Vietnamese who are using non-agricultural land that is not residential land or cemetery land, when the State recovers the land, if they meet the conditions for compensation prescribed in Article 95 of this Law, shall be compensated with land of the same purpose; in case there is no land available for compensation, they shall be compensated in cash.

2. Economic organizations that are using land allocated by the State to implement cemetery infrastructure investment projects, build ossuary facilities as prescribed in Clause 2, Article 119 of this Law, economic organizations specified in Article 42 of this Law that use non-agricultural land that is not residential land by means of contributing capital through land use rights, when the State recovers the land, if they meet the conditions for compensation as stipulated in Article 95 of this Law, they shall be compensated for the land.

3. Economic organizations, public service units, Vietnamese expatriates, foreign organizations with diplomatic functions, and economic organizations with foreign investment that are using non-agricultural land leased from the State with a one-time payment for the entire lease term, when the State recovers the land, if they meet the conditions for compensation as stipulated in Article 95 of this Law, they shall be compensated for the land.

4. Residential communities, religious organizations, and subordinate religious organizations that are using non-agricultural land when the State recovers the land, if they meet the conditions for compensation specified in Article 95 of this Law, shall be compensated for the land.

5. The government shall provide detailed regulations on this Article.

Article 101. Cases where compensation for land is not granted when the State recovers the land

1. Cases specified in Clause 1, Article 107 of this Law.

2. Land managed by State agencies or organizations as stipulated in Article 217 of this Law.

3. Land recovered in cases specified in Article 81, Clause 1 and Clause 2, Article 82 of this Law.

4. Cases where the conditions for issuance of a Land Use Rights Certificate, ownership of assets attached to the land as prescribed by this Law are not met, except for cases specified in Clause 3, Article 96 of this Law.

Section 3. COMPENSATION FOR DAMAGE TO ASSETS AND INVESTMENT COSTS ON LAND

Article 102. Compensation for damage to houses, residential buildings, and constructions attached to land when the State recovers land

1. For houses and life-service constructions attached to the land of households, individuals, or Vietnamese-origin people residing abroad, which must be dismantled or demolished when the State recovers land, the owners of such houses and constructions shall be compensated based on the newly constructed value of the houses or constructions with equivalent technical standards as stipulated by relevant laws.

The owners of houses and constructions are entitled to use the remaining materials of the houses and constructions.

2. For houses and constructions attached to land that do not fall under the cases specified in Clause 1 of this Article, when the State recovers the land and they are partially or completely dismantled or demolished, the damage shall be compensated as follows:

a) For houses and construction works that are partially or completely dismantled or demolished, where the remaining part does not meet the technical standards prescribed by law, compensation shall be made based on the new construction value of houses or construction works with equivalent technical standards according to the provisions of construction law;

b) For other houses and construction works that are dismantled or demolished not covered by point a of this clause, compensation for damages shall be made based on the actual situation.

3. For technical infrastructure works and social infrastructure attached to the land in use that are not covered by the provisions in clauses 1 and 2 of this Article, the compensation level shall be calculated based on the new construction value of works with equivalent technical standards according to specialized laws.

4. The provincial-level People's Committee shall issue the actual damage compensation prices for houses, dwellings, and construction works as prescribed in this Article to serve as a basis for calculating compensation when land is recovered; the compensation prices for damages prescribed in this Article must ensure conformity with market prices and must be considered for adjustment when there are fluctuations to serve as a basis for calculating compensation when land is recovered.

5. The government shall provide detailed regulations on this Article.

Article 103. Compensation for crops and livestock

When the State recovers land that causes damage to crops and livestock, compensation shall be carried out in accordance with the following provisions:

1. For annual crops, the compensation level is calculated based on the value of the harvest for that crop. The value of the harvest is calculated according to the yield of the highest harvest in the three consecutive years prior of that type of crop in the locality and the compensation price;

2. For perennial crops, the compensation level is calculated based on the actual damage value of the orchard.

For perennial trees, which are the type that can be harvested multiple times and are currently in the harvest period, the compensation amount is calculated based on the unharvested yield of the orchard corresponding to the remaining years in the harvest cycle and the compensation unit price;

3. For crops that have not yet been harvested but can be moved to another location, compensation will be provided for moving costs and actual damages caused by having to move and replant.

For forest trees planted with state budget funds, and natural forest trees allocated to organizations, households, and individuals for planting, management, care, and protection, compensation shall be based on the actual value of the damage to the tree plantation; the compensation money shall be distributed to those managing, caring for, and protecting the trees in accordance with the provisions of the forestry law;

4. When the State recovers land causing damage to livestock such as aquatic animals or other animals that cannot be moved, compensation for actual damage shall be provided according to the specific compensation level stipulated by the Provincial People's Committee;

5. Owners of crops and livestock specified in Clauses 1, 2, 3, and 4 of this Article are allowed to recover their crops and livestock before handing the land over to the State;

6. The Provincial People's Committee shall issue damage compensation rates for crops and livestock according to the production process issued by the Ministry of Agriculture and Rural Development or by the local authority as prescribed by law; the compensation rates for crops and livestock stipulated in this Article must align with market prices and must be reviewed and adjusted when there are fluctuations to serve as the basis for calculating compensation upon land recovery.

Article 104. Compensation for asset relocation costs when the State recovers land

1. When the State recovers land and it is necessary to move assets, the State shall compensate the costs for dismantling, moving, and installing; in the case of moving machinery systems or production lines, compensation shall also be provided for damages incurred during dismantling, transportation, and installation.

2. The provincial-level People's Committee shall stipulate the compensation level specified in clause 1 of this Article.

Article 105. Cases where assets attached to land are not compensated when the State recovers land

1. Assets attached to land fall under one of the cases of land recovery specified in clauses 1, 2, 4, 5, and 8 of Article 81, points b and c of clause 1 of Article 82 of this Law.

2. Assets attached to the land that are created in violation of the law or created during the validity period of a land recovery notice issued by a competent state agency in accordance with the provisions of this Law.

3. Assets attached to the land that are parts of construction works under a construction permit with a time limit according to construction law, and at the time of land recovery, the permit has expired.

The owner of the assets stipulated in this clause shall be supported to dismantle, demolish, or relocate them.

4. Technical infrastructure works, social infrastructure, and other construction works that the owner of the works determines are no longer needed for use before the time of the land recovery decision by the competent authority.

Article 106. Compensation for damage to land within the safety protection corridor of works, protection areas, safety belts during the construction of works, and areas with safety protection corridors.

When constructing a project, in areas with a safety protection corridor where land is not expropriated within the safety protection corridor of the project, protected areas, or safety belts, land users are compensated for losses due to restrictions on land use and damage to property attached to the land according to government regulations.

Article 107. Compensation for investment costs in remaining land when the State recovers land for national defense, security purposes; socio-economic development for national and public interest

1. Cases where land compensation is not granted but investment costs in the remaining land are compensated when the State recovers land include:

a) Land allocated by the State without land use fees, except for agricultural land of households and individuals that is compensated for land as stipulated in Article 96 of this Law;

b) Land allocated by the State to organizations in cases where land use fees are charged but the fee is waived;

c) Land leased by the State with annual land rental payment; land leased with a one-time rental payment for the entire lease period but exempted from land rent, except in cases prescribed in Clause 2, Article 99 of this Law;

d) Land from the agricultural land fund used for public purposes leased by the commune-level People's Committee;

đ) Land contracted for agricultural, forestry, aquaculture production, or salt production;

e) Agricultural land area allocated exceeding the limit specified in Article 176 of this Law.

2. Remaining investment costs in land include all or part of the following expenses:

a) Land leveling costs;

b) Costs for improvement to increase soil fertility, acid leaching, salt washing, erosion and intrusion prevention for land used for agricultural production;

c) Costs to reinforce the soil's load-bearing capacity to resist vibration and subsidence for land used as production or business premises;

d) Compensation, support, and resettlement funds advanced according to the compensation, support, and resettlement plan approved by the competent authority but not yet fully deducted from the land use fees and land rent payable;

d) Other costs related to land investment in line with the land use purpose.

3. The government shall provide detailed regulations on this Article.

Section 4. SUPPORT

Article 108. Support when the State recovers land

1. Support when the State recovers land includes:

a) Support for stabilizing living conditions;

b) Support for stabilizing production and business;

c) Support for relocating livestock;

d) Support for training, career change, and job search;

d) Support for resettlement in cases specified in Clause 8, Article 111 of this Law;

e) Support for dismantling, demolition, and relocation in accordance with the provisions of Clause 3, Article 105 of this Law.

2. In addition to supporting the provisions in Clause 1 of this Article, based on the actual situation in the locality, the provincial-level People's Committee shall decide on other measures and support levels to ensure housing, stabilize life, and production for people whose land is recovered and property owners for each specific project.

3. The government shall provide detailed regulations on this Article.

Article 109. Support for training, career transition, and job search for households and individuals when the State recovers land

1. Financial support not exceeding 5 times the price of the same type of agricultural land in the local land price table for the entire area of recovered agricultural land, but not exceeding the limit of agricultural land allocation in the locality according to the provisions of Article 176 of this Law for the following subjects:

a) Households and individuals directly engaged in agricultural production who are using agricultural land allocated by the State, received through transfer, inheritance, or donation, or whose land use rights are recognized when the State recovers land without alternative land to compensate, and have been compensated in cash;

b) Individuals who are beneficiaries of social protection, recipients of monthly social allowance according to legal regulations, war invalids, sick soldiers, and families of martyrs when the State recovers agricultural land without alternative land to compensate, and have been compensated in cash;

c) Households and individuals using land by receiving land contracts for agricultural, forestry, and aquaculture purposes from state-owned farms or agro-forestry companies converted from state-owned farms that are directly engaged in agricultural production and have a stable income from agricultural production on that land, except in the case of individuals who are officials or employees of state-owned farms or agro-forestry companies converted from state-owned farms who have retired, are disabled, or have resigned and are receiving allowances;

d) Households and individuals currently using land by receiving land contracts from agricultural production corporations or agricultural cooperatives that are directly engaged in agricultural production and have a stable income from agricultural production on that land.

2. Individuals receiving support under the provisions of Clause 1 of this Article shall also be supported in the form of training, vocational conversion, and job search in accordance with the provisions of Clause 4 of this Article.

3. Households and individuals using land for residential purposes combined with service business who have a stable income from service business activities, when the State recovers land requiring them to relocate, shall be eligible for preferential credit loans to develop production and business and shall be supported in accordance with the provisions of Clause 4 of this Article.

4. The organization of support in the form of training, vocational conversion, and job search for people whose recovered land is agricultural land or residential land combined with service business is regulated as follows:

a) The Ministry of Labor - Invalids and Social Affairs shall take the lead, in coordination with relevant Ministries and sectors, to submit to the Prime Minister for a decision on the mechanism and policy for job placement and vocational training for people whose land is recovered as stipulated in Clauses 2 and 3 of this Article;

b) The provincial People's Committee, based on the mechanisms and policies for employment resolution and vocational training that have been decided by the Prime Minister and the actual conditions in the locality, shall specify the level of support suitable for each beneficiary as stipulated in Clause 2 and Clause 3 of this Article; and direct the district People's Committee to implement the provisions at point c of this clause;

c) Based on the annual land use plan at the district level, the district People's Committee is responsible for preparing and organizing the implementation of vocational training, career conversion, and job search plans in the locality. The vocational training, career conversion, and job search plans shall be prepared and approved simultaneously with the compensation, support, and resettlement plans.

During the preparation of the vocational training, career conversion, and job search plans, the district People's Committee must organize consultations and is responsible for receiving and explaining the opinions of the landowners subject to land recovery.

5. The specific support level mentioned in Clause 1 of this Article is prescribed by the provincial People's Committee based on the actual conditions of the locality.

6. The Government shall regulate the details of this Article.

Section 5. RESETTLEMENT

Article 110. Establishment and implementation of resettlement projects, resettlement areas

1. The provincial People's Committee and the district People's Committee are responsible for organizing the establishment and implementation of resettlement projects in accordance with the law.

2. Resettlement areas must ensure the following conditions:

a) The technical infrastructure of the resettlement area must at minimum meet the new rural standards for rural areas and meet urban standards for urban areas, including: roads ensuring connection with neighboring areas, lighting and electricity for living purposes, water supply and drainage systems, telecommunications, and environmental treatment;

b) The social infrastructure of the resettlement area must ensure access to healthcare, education, culture, sports, markets, commerce, services, recreation, and cemeteries.

c) Suitable with the conditions, customs, and practices of each region.

3. The resettlement location shall be selected in the following order of priority:

a) In the administrative unit at the commune level where the land is acquired;

b) In the administrative unit at the district level where the land is acquired in case the administrative unit at the commune level where the land is acquired does not have land available for resettlement;

c) In another area with equivalent conditions in case the administrative unit at the district level where the land is acquired does not have land available for resettlement;

d) Priority shall be given to choosing land with a convenient location to form a resettlement area.

4. Resettlement areas, after allocating resettlement land, if there is still land available, priority shall be given to allocate land to individuals entitled to residential land without auctioning the land use rights in accordance with the provisions of this Law; if there is still land remaining, it shall be allocated to individuals entitled to residential land through auctioning the land use rights in accordance with the provisions of this Law.

Article 111. Arrangement of resettlement

1. The unit or organization responsible for implementing the tasks of compensation, support, and resettlement, as assigned by the Provincial People's Committee or District People's Committee, must notify landowners whose land is being recovered and homeowners required to relocate about the proposed resettlement plan and publicly post it for at least 15 days at the commune-level People's Committee office, the common activity area of the residential community where the land is being recovered, and at the resettlement site where residents already live before the competent authority approves the resettlement plan.

The notification content includes the location, scale of land fund, resettlement housing fund, design, area of each land lot, apartment, land price, resettlement housing price; and the anticipated resettlement arrangement for the landowners whose land is being recovered.

2. The resettlement arrangement approved by the competent authority must be publicly announced at the office of the commune-level People's Committee, at common activity locations of the residential area where the land is being recovered, and at the resettlement site.

3. The land price for calculating land use fees at the resettlement site for individuals compensated for residential land or assigned residential land in cases where they are not eligible for compensation for residential land is the land price determined according to the land price table at the time the compensation, support, and resettlement plan is approved. In cases where there is no land price in the land price table, a land price table must be supplemented to serve as the basis for calculating land use fees for individuals arranged for resettlement. Individuals arranged for resettlement may defer their financial obligations related to land if they meet the conditions prescribed by the Government.

The selling price of resettlement housing within a district-level area is decided by the District People's Committee. In the case of arranging resettlement housing in another district-level administrative unit, the selling price of resettlement housing is decided by the Provincial People's Committee.

4. Households, individuals who have residential land, overseas Vietnamese, and economic organizations that are using residential land or owning houses attached to land use rights in Vietnam, when the State recovers the land, if they meet the conditions for compensation for residential land according to the provisions of Article 95 of this Law, shall be compensated by being allocated residential land or houses in the resettlement area or at another suitable location.

In cases where a household has multiple generations or multiple couples living together on a residential land plot that is being recovered, if they meet the conditions to separate into individual households according to the law on residence, or if multiple households share the right to use a single residential land plot that is being recovered and the compensated residential land area is insufficient to allocate separately to each household, consideration may be given to support the allocation of residential land with land use fees, or the sale, lease, or lease-purchase of houses to the households that are still lacking.

5. Households and individuals, when the State recovers land attached to houses and must relocate without meeting the conditions for compensation for residential land, if there is no other place of residence within the commune or township area in rural areas, or within the town or provincial city area, or within the district, town, or city area under the centrally governed city where the land is recovered, shall be allocated residential land by the State with land use fees, or be sold, rented, or leased-purchased housing.

6. Households and individuals whose agricultural land or non-agricultural land not used for residential purposes is expropriated, if they meet the conditions for land compensation according to the provisions of Article 95 of this Law and wish to receive compensation in the form of residential land or housing, and if the locality has sufficient residential land or housing resources, they shall be compensated by being allocated residential land or resettlement housing.

7. Persons whose residential land is recovered for the implementation of urban area construction investment projects shall be compensated with residential land and housing on-site; during the waiting period for resettlement arrangement, they shall be provided with temporary housing or housing rental assistance; the duration and specific amount of support shall be regulated by the Provincial People's Committee in accordance with local reality. In the case of residential land recovery for other purposes, compensation shall be provided with residential land and housing on-site if there is a land or housing fund for resettlement in the area of land recovery. Priority shall be given to favorable locations for households and individuals using residential land combined with business services, or for land recovery beneficiaries who are persons with meritorious services to the revolution. There shall be a reward mechanism for land recovery beneficiaries who hand over the site before the deadline in accordance with the regulations of the Provincial People's Committee.

8. In the case where a person whose residential land is recovered has to relocate and is compensated by being allocated residential land or a resettlement house, but the compensation for the residential land is insufficient compared to the value of a minimum resettlement unit, the State shall provide additional financial support to make up the amount sufficient to be allocated a minimum resettlement unit.

9. In the case of implementing an investment project for renovating or rebuilding apartment buildings, the apartment owners shall be compensated, supported, and resettled in accordance with the provisions of housing law.

10. The provincial People's Committee, based on the fund of residential land, resettlement houses, and the actual situation in the locality, shall detail the minimum resettlement unit as prescribed in Clause 8 of this Article; and decide on the support for allocating residential land with land use fee or selling, leasing, or lease-purchasing houses for households that are still lacking in accordance with the provisions of Clause 4 of this Article.

11. In cases where individuals are using state-owned houses located within land recovery areas and must demolish the houses, they shall be supported according to the regulations of the Government.

12. The Government shall provide detailed regulations for this Article.

Chapter VIII. DEVELOPMENT, MANAGEMENT, AND EXPLOITATION OF LAND FUND

Article 112. Principles of development, management, and exploitation of the land fund

The development, management, and exploitation of the land fund must follow land use planning and land use plans, utilize land for proper purposes, be public, transparent, reasonable, effective, and in accordance with the law; ensure the requirements of socio-economic development, support resettlement, social welfare, allocation of residential land and production land for ethnic minorities in order to implement policies according to the provisions of this Law.

Article 113. Land developed, managed, and exploited by land fund development organizations

1. The provincial-level People's Committee assigns the land fund development organization to manage and exploit the land fund formed from the following sources:

a) Land prescribed in Clause 5, Article 86 of this Law;

b) Land recovered in the cases specified in Clause 26 and Clause 27 of Article 79 of this Law for auctioning land use rights;

c) Land reclaimed in accordance with the provisions of Article 81, points a, b, c, d of Clause 1 and Clause 2 of Article 82 of this Law in urban areas;

d) Land transferred to local authorities for management, handling, and recovery due to the rearrangement or handling of houses and land in accordance with the law on management and use of public assets, except in cases where such houses and land are handled through transfer or allocated for use for state purposes in accordance with the law on management and use of public assets;

d) Land originating from the equitization of state-owned enterprises that the State leases with annual land rent payment, where the State recovers the land for management;

e) Land used for mineral activities that is returned according to the provisions in the land lease contract;

g) Land formed from sea reclamation activities using state budget capital;

h) Land recovered in the cases specified in Clause 29, Article 79 of this Law.

2. The competent-level People's Committee directs the organization of land fund development to perform the tasks prescribed in Article 115 of this Law for the land fund developed, managed, and exploited by the land fund development organization. The commune-level People's Committee where the land is located is responsible for coordinating with the land fund development organization to manage, protect, and prevent land encroachment and occupation.

3. The government shall provide detailed regulations on this Article.

Article 114. Land Development Fund

1. The local land development fund is a non-budgetary state financial fund established by the provincial-level People's Committee to provide capital for tasks within the functions of the land fund development organization, to implement land support policies for ethnic minorities, and other tasks as prescribed by law.

2. The Land Development Fund is responsible for preserving and developing capital, operating on a non-profit basis. The financial resources of the Land Development Fund are allocated from the state budget and mobilized from other sources in accordance with the law. The advance capital for implementing the tasks specified in Clause 1 of this Article shall be reimbursed to the Land Development Fund in accordance with the law.

3. The provincial-level People’s Committee is responsible for submitting to the People’s Council of the same level the decision to allocate the local budget to provide charter capital and reimbursement to the Land Development Fund for tasks that fall under the responsibility of the local budget.

4. The Government shall provide detailed regulations on this Article.

Article 115. Organization for Land Fund Development

1. The land fund development organization is established to create, develop, manage, and exploit the land fund in the locality.

2. The financial resources of the land fund development organization are allocated from the state budget and advanced from the Land Development Fund.

3. The government regulates the establishment, functions, tasks, organizational structure, management mechanisms, operations, and financial mechanisms of land development organizations.

Chapter IX. LAND ALLOCATION, LAND LEASING, LAND USE PURPOSE CONVERSION

Article 116. Grounds for land allocation, land leasing, and permission for land use purpose conversion

1. The basis for land allocation and land leasing through land use right auctions is the written approval of the results of the land use right auction by the competent state authority.

2. The basis for land allocation and land leasing through bidding to select investors to implement projects using land is the written approval of the results of investor selection for projects organized through bidding to select investors to implement projects using land in accordance with the provisions of the law on bidding.

3. Basis for land allocation, land lease without auctioning the land use rights, without bidding to select investors to implement projects using land; allowing conversion of land use purposes, except for the cases prescribed in Clause 5 of this Article, as follows:

a) For projects listed in the category specified in point b, clause 3, Article 67 of this Law, it is based on the annual land use plan at the district level approved by the competent authority and on the investment decision in accordance with the provisions of the law on public investment or the decision approving the investment policy simultaneously with the approval of the investor or the decision approving the investor in accordance with the provisions of the law on investment, the law on housing, or the document approving the results of selecting an investor for investment projects under the public-private partnership method.

b) For projects specified in Clause 4, Article 67 of this Law, it is based on the investment decision in accordance with the provisions of the law on public investment or the decision to approve the investment policy simultaneously with the approval of the investor, or the decision to approve the investor in accordance with the provisions of the law on investment, the law on housing, or the document approving the results of investor selection for investment projects under the public-private partnership model.

4. In cases where the decision is made to approve the investment policy of a project with phased progress, or the recovery of land, compensation, support, and resettlement according to the schedule, the competent state agency in charge of land allocation or lease shall decide on the allocation or lease of land according to the project progress, and the schedule of land recovery, compensation, support, and resettlement.

Amended Clause

5. The basis for allowing the conversion of the purpose of agricultural land within residential areas, agricultural land in the same plot with residential land to residential land, or for converting the purpose of non-agricultural land that is not residential land into residential land for households and individuals, is the land use planning at the district level or the general planning or sub-zone planning as prescribed by the urban planning law that has been approved by the competent authority.

6. The basis for allocating land, leasing land, and permitting the conversion of land use purpose in cases that are not subject to approval of investment policy or approval of investors under investment law shall be carried out in accordance with Government regulations.

7. The Government shall specify in detail the allocation of land, leasing of land, and conversion of land use purpose.

Article 117. Allocation and lease of land currently in use to another person

The decision to allocate land or lease land that is currently managed and used by someone else can only be carried out after the competent state authority decides to recover the land and after the completion of compensation, support, and resettlement in accordance with the provisions of the law, except in cases of transferring real estate projects in accordance with the provisions of the law on real estate business.

Article 118. Land allocation without land use fees

1. Individuals directly engaged in agricultural production are allocated agricultural land within the quota stipulated in Article 176 of this Law.

2. Land for constructing the headquarters of the Communist Party of Vietnam, state agencies, the Vietnam Fatherland Front, political-social organizations; professional political-social organizations, professional social organizations, social organizations, and other organizations established according to legal regulations and assigned by the State to perform tasks, receiving regular operational funding; land for national defense and security; land used for public purposes not intended for business; cemetery land, funeral homes, cremation facilities, land for storing ashes not covered by the case specified in Clause 2, Article 119 of this Law; religious land for compensation in cases where the State recovers religious land.

3. Users of special-use forest land, protected forest land, and production forest land.

4. Public service units using land to build career-related works.

5. Residential communities using agricultural land; religious organizations, religious organizations affiliated using land prescribed in clause 2, Article 213 of this Law.

6. Agencies, organizations using land to implement investment projects for building official housing according to the provisions of the housing law.

7. Ethnic minority people who are not individuals directly engaged in agricultural production but are subjects of land allocation without land use fees according to the policy prescribed in Article 16 of this Law.

8. Organizations using land to build houses serving resettlement according to State projects.

9. Land allocation prescribed in this Article shall be implemented in accordance with the provisions of Article 124 of this Law.

Article 119. Land allocation with land use fees

1. Individuals are entitled to be allocated residential land.

2. Economic organizations are allocated land to implement investment projects for the construction of commercial housing, social housing, housing for the people's armed forces; investment projects for the renovation or reconstruction of apartment buildings in accordance with the provisions of housing law; implementation of cemetery infrastructure investment projects to transfer land use rights associated with infrastructure; construction of facilities for storing cremated remains.

3. Overseas Vietnamese, economic organizations with foreign investment capital are allocated land to implement investment projects for the construction of commercial housing in accordance with the provisions of housing law; use land obtained from the transfer of real estate projects in accordance with the provisions of real estate business law, in cases where the State allocates land with land use fees.

4. Households, individuals, Vietnamese people residing abroad, economic organizations, and economic organizations with foreign-invested capital are allocated land as compensation with land when the State recovers land in accordance with the provisions of this Law.

5. The land allocation specified in this Article is carried out according to the provisions in Articles 124, 125, and 126 of this Law.

Article 120. Land Lease

1. The State leases land by collecting rent either in a lump sum for the entire lease period or annually for cases not specified in Articles 118 and 119 of this Law.

2. The State leases land by collecting rent in a lump sum for the entire lease period in the following cases:

a) Using land to implement projects for agricultural, forestry, aquaculture production, or salt production;

b) Using land in industrial zones, industrial clusters, high-tech zones, workers' dormitories in industrial zones; land used for public purposes for business purposes; using commercial and service land for tourism activities, office business;

c) Using land to build social housing for rent in accordance with the provisions of the housing law.

3. The State leases land with annual rent payment in the following cases:

a) Cases not covered by the provisions in Clause 2 of this Article;

b) Cases specified in Clause 2 of this Article that have the need to pay land rent annually;

c) Public non-business units choose the form of land lease in accordance with Clause 3, Article 30 of this Law.

4. The lease of land specified in this Article shall be carried out in accordance with the provisions of Articles 124, 125, and 126 of this Law.

Article 121. Conversion of land use purposes

1. Cases of land use purpose conversion that must be approved by the competent state authority include:

a) Converting rice land, special-use forest land, protection forest land, production forest land to other types of land within the agricultural land group;

b) Converting agricultural land to non-agricultural land;

c) Converting other types of land to concentrated livestock farming land when implementing large-scale concentrated livestock farming projects;

d) Converting non-agricultural land allocated by the State without land use fees to other types of non-agricultural land allocated by the State with land use fees or leased land;

e) Converting non-residential non-agricultural land to residential land;

f) Converting land for construction of public service works, land used for public purposes with commercial purposes to land for non-agricultural production and business purposes;

g) Converting non-agricultural production and business land that is not commercial or service land into commercial and service land.

2. When changing the land use purpose according to the provisions in Clause 1 of this Article, the land user must fulfill financial obligations according to the provisions of law; the land use regime, rights, and obligations of the land user shall be applied according to the land type after the land use purpose has been changed.

3. Changing the land use purpose that does not fall under the cases prescribed in Clause 1 of this Article does not require permission from the competent state agency.

In the case of land use originating from residential land or non-agricultural land with a permanent long-term stable land use term in accordance with legal regulations that has been converted to other purposes and now needs to be converted back to residential land and complies with land use planning, no land use fee is required.

4. The conversion of land use purposes stipulated in this Article shall be carried out in accordance with the provisions of Article 124 of this Law.

Article 122. Conditions for land allocation, land lease, and permission for conversion of land use purposes

1. State agencies with authority are only allowed to decide on land allocation, land lease, or permission to convert the use of rice land, special-use forest land, protection forest land, and production forest land to other purposes after there is a Resolution from the provincial People's Council and meeting the grounds stipulated in Article 116 of this Law, except in cases where land is used to implement projects under the authority of the National Assembly, the Prime Minister’s approval, investment policy decisions according to the provisions of the Investment Law, Public Investment Law, Investment Law under the Public-Private Partnership model, and Petroleum Law; the provincial People's Council's approval, investment policy decisions according to the provisions of the Public Investment Law, and Investment Law under the Public-Private Partnership model.

The conversion of rice land, special-use forest land, protection forest land, and production forest land to other purposes must comply with the criteria and conditions prescribed by the Government.

2. Organizations or individuals assigned land, leased land, or permitted to change the land use purpose to implement an investment project must meet the following conditions:

a) Provide a deposit or other forms of guarantee in accordance with the provisions of investment law;

b) Have financial capacity to ensure land use according to the progress of the investment project and other conditions as prescribed by the relevant laws;

c) Not violate land law regulations, or if they have violated land law regulations, they must have complied with the decisions or judgments that have legal effect from the competent authorities at the time of requesting land assignment, lease, or permission to change land use purpose. The determination of land users violating land law regulations applies to all plots of land currently in use nationwide.

3. The permission to change the purpose of land use to implement a commercial housing construction investment project must meet the following conditions:

a) The conditions specified in Clause 2 of this Article;

b) The person permitted by the State to change the purpose of land use must have the right to use residential land or both residential and other land;

Amended Clause

c) Be in accordance with land use planning, construction planning, urban planning, and local housing development programs and plans, and not fall under the cases where the State recovers land for national defense and security purposes, or for socio-economic development for national and public interest as prescribed in Articles 78 and 79 of this Law;

d) Have a written approval of the investment policy as well as approval of the investor by the competent authority as prescribed by investment law.

Article 123. Authority to allocate land, lease land, and permit the change of land use purpose

1. The provincial-level People's Committee decides to allocate land, lease land, and permit the change of land use purposes in the following cases:

a) Allocate land, lease land, and permit the change of land use purposes for domestic organizations;

b) Allocate land and lease land for religious organizations and affiliated religious organizations;

c) Allocate land and lease land for overseas Vietnamese, and economic organizations with foreign investment;

d) Lease land to foreign organizations with diplomatic functions.

2. The district-level People's Committee decides to allocate land, lease land, and permit the change of land use purposes in the following cases:

a) Land allocation, land lease, and permission to change land use purposes for individuals. In the case of leasing land to individuals or allowing the change of agricultural land use purposes for commercial and service purposes with an area of 0.5 hectares or more, written approval from the provincial People's Committee must be obtained before making a decision;

b) Land allocation for community residents.

3. The commune-level People's Committee leases land from the agricultural land fund used for public purposes of the commune, ward, or town.

4. The state agency authorized to allocate land, lease land, and permit the change of land use purposes as prescribed in clauses 1 and 2 of this Article is the agency with the authority to adjust and extend land use for cases where the land user has already received a decision to allocate land, lease land, or permit a change of land use purpose before the effective date of this Law, and for cases of land allocation, land lease, and permission to change land use purposes according to the provisions of this Law.

5. The state agency authorized as prescribed in clauses 1, 2, and 4 of this Article shall not be decentralized or delegated.

Article 124. Cases of land allocation and land leasing without auctioning the land use rights, and without tendering to select investors to implement projects using land.

1. Land allocation without land use fees as prescribed in Article 118 of this Law, land allocation with land use fees as prescribed in Article 119 but exempted from land use fees, land lease as prescribed in Article 120 but exempted from land rental fees, except for cases where sectoral or field management laws require the determination of the number of interested investors.

2. Land allocation or land lease to implement projects in cases where the State recovers land as prescribed in Article 79 of this Law, if they fall into one of the following cases:

a) Using public investment capital as prescribed by the law on public investment;

b) Investment projects using the public-private partnership method as prescribed by the law on investment according to the public-private partnership method.

3. Land allocation with land use fees, land lease in the following cases:

a) Allocating residential land to officials, civil servants, public employees, active-duty officers, professional soldiers, defense civil servants, defense workers and public employees, police officers, non-commissioned officers, civil servants in intelligence work, and those working in other tasks in the intelligence organization who are paid from the state budget and have not been allocated residential land or housing;

b) Allocating residential land to individuals who are teachers or healthcare workers working in border communes or islands in areas with difficult socio-economic conditions, or areas with especially difficult socio-economic conditions, but who do not yet have residential land or housing at their workplace, or have not benefited from housing support policies according to housing law;

c) Allocating residential land to individuals who are permanent residents of a commune, do not have residential land, and have not been allocated residential land by the State or have not benefited from housing support policies according to housing law.

d) Allocating residential land to individuals who are permanent residents in towns located in areas with difficult socio-economic conditions or areas with particularly difficult socio-economic conditions, who do not have residential land and have not been allocated residential land by the State;

d) Leasing land as production and business premises for those who are leased land by the State and pay annual land rent but have to move out of the old location due to environmental pollution as prescribed by law; supporting land leasing to continue production and business in cases of land recovery of non-agricultural production facilities of current users;

e) Leasing land to individuals who need to use agricultural land area exceeding the limit allocated as stipulated in Article 176 of this Law; leasing land to individuals who are ethnic minorities as prescribed in point d, clause 2 and point b, clause 3, Article 16 of this Law;

g) Leasing land to public service units choosing the form of land lease;

h) Leasing land to foreign organizations with diplomatic functions for using land to build office buildings;

i) Leasing land to People's Armed Forces units for the use of land in agricultural production, forestry, aquaculture, salt production, or agricultural, forestry, aquaculture, salt production combined with national defense and security tasks;

k) Leasing land for the purpose of mining activities in cases where permission has been granted by the competent state authority;

l) Allocating land or leasing land to organizations, households, individuals, or Vietnamese people residing abroad who are entitled to compensation with land under the provisions of this Law and other relevant laws, or who are provided with resettlement support according to the provisions of this Law;

m) Allocating land, leasing land to land users whose production and business land is being recovered according to the provisions of Articles 78 and 79 of this Law when at the time of land recovery the land use term has not expired and the land user has the demand to use land at another location to continue production and business;

n) Allocating land, leasing land for small, narrow, interspersed plots of land according to the provisions of the Government;

o) Allocating land, leasing land according to the decision on resolving land disputes, complaints about land by competent authorities that has taken effect;

p) Other cases decided by the Prime Minister.

4. Land users who change the land use purpose belong to the cases specified in Article 121 of this Law.

5. Allocating land or leasing land to implement projects that fall under the cases where the State recovers land as prescribed in Article 79 of this Law without using the capital specified in Clause 2, Article 2 of this Law, in the case where there is investor interest but only one investor meets the conditions for expressing interest in the project, the number of interested investors must be determined in accordance with the provisions of the law on bidding and the law managing the sector or field.

6. In the case where land is put up for auction for land use rights twice without success as prescribed in Point b, Clause 6, Article 125 of this Law, or there are no participants. The period for allocating or leasing land in this case may only be carried out within 12 months from the date of the second unsuccessful auction.

7. Economic organizations with foreign investment capital receiving the transfer of real estate projects as prescribed by the law on real estate business.

8. The government shall provide detailed regulations on land allocation and land lease for the cases prescribed in this Article.

Article 125. Land allocation and land lease through land use right auctions

1. The State allocates land with land use fees or leases land with a one-time payment for the entire lease period through auctioning land use rights in the following cases:

a) Investment projects using land from the land fund specified in Clause 1, Article 217 of this Law, except in cases specified in Articles 124 and 126 of this Law;

b) Allocation of residential land to individuals, except in cases specified in Article 124 of this Law.

2. Conditions for conducting auctions on land use rights include:

a) The land has been recovered and compensation, support, and resettlement have been completed, or no compensation, support, or resettlement is required; within the project area, the transportation infrastructure has been connected;

b) Included in the annual land use plan of the district and approved for use purposes for the auction of land use rights, except for the auction of land use rights for the land specified at point e, Clause 1, Article 217 of this Law.

c) Having a detailed 1/500 plan organized and approved by the competent state authority for the housing construction investment project;

d) Having a land use rights auction plan approved by the competent authority.

3. Organizations participating in land use rights auctions in the cases prescribed in Clause 1 of this Article must meet the following conditions:

a) Belong to subjects granted land or leased land by the State as prescribed in Articles 119 and 120 of this Law;

b) Ensure the conditions prescribed in Article 122 of this Law in the case of land allocation or lease for investment projects; having the capacity and experience in project development;

c) Other conditions as prescribed by the law on asset auctions.

4. Individuals participating in land use rights auctions must meet the following conditions:

a) Belong to subjects granted land or leased land by the State as prescribed in Articles 119 and 120 of this Law;

b) Conditions in accordance with the provisions of the law on asset auctions.

5. The provincial People's Committee and the district People's Committee have the following responsibilities:

a) Every year, they must announce the plan and list of land plots for which the land use rights will be auctioned on the National Land Use Rights Auction Portal, the electronic information portal of the provincial People's Committee, and the electronic information portal of the district People's Committee;

b) Organize the preparation and implementation of the plan for land recovery, compensation, support, and resettlement in accordance with the provisions of this Law for the purpose of auctioning land use rights;

c) Organize the preparation and implementation of the land use rights auction plan;

d) Direct the handover of land on the ground, the Certificate of Land Use Rights, and the ownership of assets attached to the land to the successful bidders of the land use rights.

6. Cases where the land use rights auction is unsuccessful include:

a) Cases where the auction is unsuccessful according to the provisions of the Law on Property Auction;

b) The registration period has expired, but only 01 person has registered to participate in the auction;

c) There are multiple people registered to participate in the auction, but only 01 person participates in the auction, or there are multiple people participating in the auction but only 01 person makes an offer, or there are multiple people making offers but only 01 person makes a valid offer.

7. The procedures for auctioning land use rights are carried out in accordance with the provisions of the law on property auctions.

8. The Government shall provide detailed regulations on this Article.

Article 126. Land allocation and land lease through bidding for the selection of investors to implement investment projects using land

1. The State allocates land with land use fees or leases land through bidding to select investors to implement investment projects using land in the following cases:

a) Projects specified in Clause 27, Article 79 of this Law that are decided by the provincial People's Council to allocate land or lease land through bidding to select investors to implement investment projects using land.

The provincial-level People's Council shall stipulate the criteria for deciding to conduct bidding to select investors to implement investment projects using land in accordance with the local actual situation;

b) Investment projects using land that falls under the case where the State recovers land as stipulated in Article 79 of this Law and does not fall under the case specified in point a of this clause, but falls under the case where it is necessary to organize a bidding process to select investors according to the provisions of sectoral and field management law.

2. Land fund for bidding to select investors to implement investment projects using land includes the portion of land subject to state land recovery as prescribed in Article 79 of this Law. In case the project land includes the land specified in Clause 1, Article 217 of this Law, the State shall recover the land to allocate or lease it through bidding to select investors to implement the project for the entire land area.

3. Conditions for bidding to select investors to implement investment projects using land as specified in point a, Clause 1 of this Article include:

a) Being on the list of land areas for bidding to implement investment projects using land decided by the Provincial People's Council;

b) Having a detailed plan or a subdivision plan at the scale of 1/2000 approved by the competent authority;

c) Conditions as prescribed by the law on bidding.

4. Investment projects involving land use as prescribed in point b, clause 1 of this Article must meet the conditions for bidding to select investors as prescribed in clause 3 of this Article and other conditions according to the laws governing the respective sector or field.

5. Organizations participating in the bidding to select investors for investment projects involving land use must meet the following conditions:

a) Belong to subjects granted land or leased land by the State as prescribed in Articles 119 and 120 of this Law;

b) Must ensure the conditions prescribed in Article 122 of this Law in the case of land allocation or land lease for implementing the investment project;

c) Conditions as prescribed by the law on bidding.

6. Foreign investors participating in bidding to select investors to carry out investment projects involving land use must ensure the conditions specified in points b and c, Clause 5 of this Article; in case of winning the bid, they must establish an economic organization to be allocated land or lease land to implement the project in accordance with the government's regulations consistent with the provisions of investment law, bidding law, and other relevant legal regulations.

7. The provincial-level People's Committee has the following responsibilities:

a) Announce the plan and list of land plots for investment project bidding involving land use in accordance with the provisions of this Law;

b) Organize the preparation of detailed planning or have a 1/2000 scale zoning plan;

c) Organize the preparation and implementation of compensation, support, resettlement, and land recovery plans in accordance with the provisions of this Law;

d) Allocate land or lease land to investors who have won the bid or economic organizations established by the winning investors in accordance with Government regulations to implement the project as committed in the contract signed between the winning investor and the competent authority, and in compliance with the conditions prescribed by investment law, bidding law, and other relevant legal provisions; determine the land price to calculate land use fees and land lease fees for the investor to fulfill financial obligations to the State.

8. Within 36 months from the date of issuance of the decision recognizing the bidding results or within another period specified in the contract signed with the competent state authority, the competent People's Committee must complete compensation, support, and resettlement to hand over or lease land.

Organizations assigned land, leased land as prescribed in Clause 6 and Point d Clause 7 of this Article are responsible for providing capital to carry out compensation, support, and resettlement as required by the competent state agency based on the approved compensation, support, and resettlement plan; if, after 06 months from the date of receiving the request from the competent state agency, they fail to provide sufficient capital to carry out compensation, support, and resettlement, the competent state agency shall decide to cancel the bid result.

9. The procedures for bidding to select investors to implement projects using land shall comply with the provisions of the law on bidding.

10. The Government shall provide detailed regulations on this Article.

Article 127. Use of land to implement socio-economic development projects through agreements on acquiring land use rights or already having land use rights.

1. The use of land to implement socio-economic development projects through agreements on land use rights is carried out in the following cases:

a) Cases of project implementation that do not fall under the land recovery cases stipulated in Article 79 of this Law;

b) In the case of using land to implement a commercial housing construction investment project, it is only allowed to agree on receiving the right to use residential land;

c) Cases where state budget capital is not used and are subject to land acquisition under Article 79 of this Law, in which the investor chooses the option of negotiating to acquire land use rights, without proposing land acquisition.

2. Land that is agreed upon for the acquisition of land use rights to implement socio-economic development projects has been allocated by the State, leased by the State, or recognized for land use rights by the land user; in cases where, within the land area, implementation is carried out according to the provisions of Clause 1 of this Article, there is a portion of land managed by state agencies or organizations but cannot be separated into an independent project, then the land area managed by state agencies or organizations is included in the total land area for project preparation and can be recovered by the State to be allocated or leased to investors to implement the project without going through the form of land use rights auction, and without tendering to select investors to implement projects using the land.

3. Conditions for using land to implement socio-economic development projects through agreements on receiving land use rights specified in Clause 1 of this Article include:

a) Conforms to the district-level land use plan that has been approved and published;

b) The investor must meet the conditions specified in Article 122 of this Law; in the case of using land to implement a commercial housing construction investment project, an agreement on acquiring the right to use residential land is allowed;

c) There must be written approval from the provincial People's Committee regarding the agreement on acquiring the right to use land to implement the project.

4. The State has policies encouraging agreements on acquiring the right to use land to implement socio-economic development projects in the cases specified in Clause 1 of this Article as follows:

a) Households and individuals using land that has not yet been granted a Certificate of Land Use Rights, a Certificate of Ownership of Houses and Land Use Rights, a Certificate of Land Use Rights, Ownership of Houses and Other Assets Attached to Land, or a Certificate of Land Use Rights and Ownership of Assets Attached to Land, but meet the conditions for being granted a Certificate of Land Use Rights and Ownership of Assets Attached to Land, are allowed to transfer land use rights, lease, sublease land use rights, or contribute capital with land use rights to implement projects;

b) In the case where an investor has received land use rights to implement a project and, by the time the land use term for the received land expires, the procedures regarding land for project implementation have not yet been completed, the investor is allowed to continue carrying out the procedures to implement the project without having to conduct the extension procedure.

5. In the case of an agreement on acquiring the right to use land to continue production and business without changing the land use purpose, it shall be carried out in accordance with the provisions of this Law on the transfer of land use rights.

6. A person holding land use rights who proposes an investment project, if it falls under the cases stipulated in Article 79 of this Law but is in line with the land use planning and proposes a change in land use purpose, and is approved by the competent state authority for investment policy while also being approved as an investor according to the provisions of the investment law, shall be allowed to use the land to implement the investment project without the State recovering the land in accordance with the provisions of this Law.

Cases where a person who currently has the right to use residential land or residential land and other land proposes a commercial housing investment project that is compatible with the land use planning and requests a change in land use purpose, and is approved by the competent state authority for the investment policy while also approving the investor in accordance with the provisions of investment law, can use the land to implement the project.

7. The Government shall provide detailed regulations on this Article.

Chapter X. LAND REGISTRATION, ISSUANCE OF CERTIFICATES OF LAND USE RIGHTS AND OWNERSHIP OF ASSETS ATTACHED TO LAND

Section 1. CADASTRAL FILES

Article 128. Principles for establishing, modifying, and updating cadastral files

1. Cadastral files are established for each plot of land, ensuring scientific accuracy and consistency of information in the files with the management and land use status; they are compiled according to the commune-level administrative unit or according to the district-level administrative unit where no commune-level unit is established.

2. Cadastral records must be revised and updated with all changes fully and promptly when the land user carries out administrative procedures related to land or at the request of a competent state authority, ensuring a full reflection of the management and use of land in the area.

Article 129. Cadastral records

1. The cadastral records include documents that show detailed information about each land plot, the person assigned to manage the land, the land user, the owner of the assets attached to the land, the legal status of the land plot and the assets attached to the land, fully reflecting the land management and use situation in the area.

2. The cadastral records are compiled in digital form, including the following documents:

a) Cadastral map;

b) Land inventory book;

c) Cadastral register;

d) Copies of certificates, including: Certificate of land use rights, Certificate of house ownership and land use rights, Certificate of house ownership, Certificate of construction ownership, Certificate of land use rights, house ownership and other assets attached to land, Certificate of land use rights and ownership of assets attached to land.

3. The cadastral records are used for the following purposes:

a) Acts as a tool for land management;

b) Protects the rights and determines the obligations of land users, those assigned to manage land, owners of assets attached to land, and related organizations and individuals according to the provisions of land law;

c) Determines the financial revenues from land;

d) Monitors fluctuations in the land use rights market;

d) Supports land users in accessing credit capital;

e) Assists sectors and levels of management in directing, administrating, constructing, implementing, and supervising the implementation of planning and infrastructure development;

f) Provides information to competent authorities in resolving disputes related to land use rights and assets attached to land;

g) Provides information to organizations and individuals needing access to land.

Article 130. Responsibilities for establishing, registering, updating, managing, and exploiting cadastral records

1. The provincial-level People's Committee is responsible for directing the preparation of cadastral records in the locality and arranging funding to organize the implementation.

2. The agency with land management functions is responsible for organizing the preparation of cadastral records; inspecting and supervising the regular adjustment and updating of cadastral records in the locality.

3. The land registration organization is responsible for preparing and adjusting cadastral records and updating changes in the cadastral records.

For localities that have not built a land database, the land registration organization is responsible for providing copies of cadastral records to the commune-level People's Committee for use.

4. Civil servants performing cadastral duties at the commune level are responsible for managing and using information from cadastral records to serve the requirements of state land management at the local level and according to the requests of citizens; updating land changes for cases of changes within their authority and reflecting violations in land management and use into the cadastral records.

5. The Minister of Natural Resources and Environment shall regulate cadastral records, guide the preparation, amendment, updating, and management of cadastral records, as well as the exploitation, use, inspection, and supervision of these records.

Section 2. LAND AND LAND-RELATED ASSET REGISTRATION

Article 131. Principles of registering land and land-related assets

1. Land registration is mandatory for land users and those assigned land for management.

2. Land-related assets are houses and construction works that are registered upon the request of the owner.

3. Land registration and registration of assets attached to land, including initial registration and registration of changes, are carried out in the form of paper registration or electronic registration and have the same legal value.

4. Land users, owners of assets attached to land, and persons assigned land for management who have declared registration are recorded in the cadastral records and may be considered for issuance of Certificates of land use rights and ownership of assets attached to land if they meet the conditions prescribed by this Law.

5. The Government shall provide detailed regulations on the registration of land and assets attached to land.

Article 132. Initial registration

1. Initial registration for land and assets attached to land is carried out in the following cases:

a) Land plots currently in use but not yet registered;

b) Land plots allocated or leased by the State for use;

c) Land plots assigned for management but not yet registered;

d) Assets attached to the land that require registration simultaneously with land registration in the cases specified in points a, b, and c of this clause.

2. The provincial-level People's Committee is responsible for directing the dissemination, propaganda, and organization of initial registration for cases that have not yet been registered.

Article 133. Registering changes

1. Change registration is carried out for cases that have been issued a Land Use Rights Certificate or a Certificate of House Ownership and Land Use Rights or a Certificate of House Ownership or a Certificate of Construction Works Ownership or a Certificate of Land Use Rights, House Ownership, and Other Assets Attached to Land or a Certificate of Land Use Rights, Ownership of Assets Attached to Land, in cases where the following changes occur:

a) Land users and owners of assets attached to the land exercise the rights to exchange, transfer, inherit, and donate the land use rights and assets attached to the land; contribute capital with land use rights and assets attached to the land; lease or sublease land use rights in infrastructure construction business projects; transfer projects that use land;

b) Land users and owners of assets attached to the land are allowed to change their name;

c) Changing information about land users and owners of assets attached to the land on the issued certificate that does not fall under the case specified in point b of this clause;

d) Changing boundaries, boundary markers, side dimensions, area, plot number, and address of the land plot;

d) Register ownership of assets attached to the land plot that has been issued with a Certificate of Land Use Rights or a Certificate of House Ownership and Land Use Rights or a Certificate of Land Use Rights, House Ownership, and Other Assets Attached to the Land, or a Certificate of Land Use Rights and Ownership of Assets Attached to the Land; register changes regarding assets attached to the land compared to the registered content;

e) Change the purpose of land use as stipulated in Clause 1, Article 121 of this Law; in the case stipulated in Clause 3, Article 121 of this Law, if the land user has the need to register changes;

g) Change the land use term;

h) Change the form of land allocation, land lease, payment of land use fees, or land rental fees according to the provisions of this Law;

i) Changing the land use rights, ownership of assets attached to the land due to division, separation, merger, consolidation, organizational model conversion, or the agreement of family household members, of husband and wife, or of a group of land users, a group of owners of assets attached to the land;

k) Changing land use rights, ownership of assets attached to the land according to the results of mediation regarding land disputes recognized by the competent People's Committee; agreements in mortgage contracts to handle debts; decisions of competent state agencies on resolving land disputes, complaints, denunciations regarding land; judgments, decisions of the Court, enforcement decisions of the enforcement agency that have been executed; decisions or awards of the Vietnam Commercial Arbitration Center on resolving disputes between parties arising from commercial activities related to land; documents recognizing the results of land use right auctions in accordance with the law;

l) Establishing, changing, or terminating rights to adjacent plots of land;

m) Changes to the limitations on the rights of land users;

n) Changes in the right to use land for constructing above-ground works serving the operation and exploitation of underground works, ownership rights of underground works;

o) Land users, owners of assets attached to the land request the reissuance or replacement of Land Use Right Certificates or Certificates of House Ownership and Land Use Rights, or Certificates of House Ownership, or Certificates of Ownership of Construction Works, or Certificates of Land Use Rights, House Ownership and other assets attached to the land, or Certificates of Land Use Rights and Ownership of Assets Attached to the Land;

p) Land users, owners of assets attached to the land exercise the right to mortgage land use rights and assets attached to the land;

q) Sale of assets, transfer, or assignment of land use rights that are public property in accordance with the law on management and use of public assets.

2. Cases of registering changes as stipulated in Clause 1 of this Article shall be confirmed by the competent authority on the issued certificate or a new certificate of land use rights and ownership of assets attached to land when the land user or the owner of assets attached to land has the demand. For cases of registering changes as stipulated in Point p, Clause 1 of this Article, they shall be confirmed by the competent authority on the issued certificate.

3. Cases of registering changes as stipulated in points a, b, i, k, l, m, and q of Clause 1 of this Article must be registered within 30 days from the date of the change, the land user must register the change at the competent authority; in the case of execution, the registration period is calculated from the date of handover of the execution assets, auctioned assets; in the case of inheriting land use rights, the registration period is calculated from the date of complete division of the land use rights as inherited property according to the provisions of civil law or from the date of the court's verdict or decision having legal effect.

Section 3. ISSUANCE OF CERTIFICATES OF LAND USE RIGHTS, OWNERSHIP OF ASSETS ATTACHED TO LAND

Article 134. Certificates of land use rights, ownership of assets attached to land

1. The certificate of land use rights, ownership of assets attached to land is issued to individuals who have the right to use land, own houses, and own constructions attached to land according to the uniform nationwide form.

2. The Minister of Natural Resources and Environment regulates the certificate of land use rights, ownership of assets attached to land.

Article 135. Principles for issuing the certificate of land use rights, ownership of assets attached to land

1. A certificate of land use rights and ownership of assets attached to the land is issued for each land plot to the person with land use rights or the owner of assets attached to the land who has demand and meets the conditions prescribed by this Law. In the case where a land user is using multiple agricultural land plots within the same commune, ward, or town and makes a request, a single certificate of land use rights and ownership of assets attached to the land can be issued for those land plots.

2. If a land plot is co-owned by multiple persons with land use rights or joint ownership of assets attached to the land, a certificate of land use rights and ownership of assets attached to the land is issued to each person; in case the persons with shared land use rights or shared ownership of assets attached to the land make a request, a single certificate of land use rights and ownership of assets attached to the land can be issued jointly and delivered to the representative.

3. The certificate of land use rights and ownership of assets attached to the land shall only be issued after the land user or the owner of assets attached to the land has fulfilled financial obligations as prescribed by law.

In the case where the land user or the owner of assets attached to the land is not subject to financial obligations, or is exempted or allowed to defer financial obligations, the certificate of land use rights and ownership of assets attached to the land shall be issued after the competent authority determines that financial obligations are not required, or the person is exempted or allowed to defer such obligations; in the case of land lease with annual rent payment, the certificate of land use rights and ownership of assets attached to the land shall be issued after the competent authority issues a land lease decision and signs the land lease contract.

In the case where a land user donates the land use rights to the State or donates the land use rights to the community for the construction of works serving the common interests of the community, or for the expansion of traffic roads according to the planning, or donates the land use rights to build gratitude houses, charity houses, or solidarity houses attached to the land in accordance with the provisions of law, the State shall be responsible for arranging funds to carry out surveying, adjustment, updating of cadastral records, and issuing land use right certificates and ownership of assets attached to the land for the land user in accordance with the provisions of this Law; the land user shall not have to pay costs in this case.

4. In cases where the land use rights or land use rights, ownership of assets attached to the land, or ownership of assets attached to the land are common property of the husband and wife, both the wife's full name and the husband's full name must be recorded on the Certificate of land use rights, ownership of assets attached to the land, except in cases where the husband and wife have agreed to record only one person's name to stand as a representative for both.

In cases where the land use rights or land use rights, ownership of assets attached to the land or ownership of assets attached to the land are common property of husband and wife, but the Land Use Right Certificate, House Ownership and Land Use Right Certificate, House Ownership Certificate, Construction Work Ownership Certificate, Land Use Right, House Ownership and Other Assets Attached to the Land Certificate, Land Use Right Certificate, Ownership of Assets Attached to the Land issued only records the name of the wife or husband, it shall be reissued as a certificate of land use rights and ownership of assets attached to the land to include both the name of the wife and the name of the husband upon request.

5. In the case where the land plot belongs to the right of use of a household, one Certificate of Land Use Rights and Ownership of Land-Attached Assets shall be issued, recording the full names of all members who share the land use rights of the household on the Certificate of Land Use Rights and Ownership of Land-Attached Assets and delivered to the representative. If the members who share the land use rights of the household have a demand, one Certificate of Land Use Rights and Ownership of Land-Attached Assets shall be issued, recording the name of the household representative on the Certificate of Land Use Rights and Ownership of Land-Attached Assets and delivered to the household representative.

The determination of the members who share the land use rights of the household to be recorded on the Certificate of Land Use Rights and Ownership of Land-Attached Assets shall be agreed upon by these members themselves and they are responsible before the law.

6. In cases where there is a discrepancy in area between the actual measured data and the data recorded on documents specified in Article 137 of this Law or the Certificate of Land Use Rights or the Certificate of Home Ownership and Land Use Rights or the Certificate of Land Use Rights, Home Ownership and Other Assets Attached to Land, or the Certificate of Land Use Rights and Ownership of Assets Attached to Land that has been issued, while the boundaries of the land parcel being used have not changed compared to the boundaries of the land parcel at the time of the issuance of land use documents, Certificates of Land Use Rights, Certificates of Home Ownership and Land Use Rights, Certificates of Land Use Rights, Home Ownership and Other Assets Attached to Land, or Certificates of Land Use Rights and Ownership of Assets Attached to Land that have been issued, and there is no dispute with adjacent land users, then upon the issuance or re-issuance of the Certificate of Rights land use, ownership rights of assets attached to the land, land area is determined according to actual measurement data.

In cases of re-measurement where the boundary of the land plot has changed compared to the boundary of the land plot at the time there were documents on land use rights or the Land Use Right Certificate, the Certificate of Ownership of Residential House and Land Use Rights, the Certificate of Land Use Rights, Ownership of Residential House and Other Assets Attached to the Land, the Certificate of Land Use Rights, Ownership of Assets Attached to the Land already issued, and the actual measured land area is larger than the area recorded on the documents on land use rights or the Land Use Right Certificate, the Certificate of Ownership of Residential House and Land Use Rights, the Certificate of Land Use Rights, Ownership of Residential House and Other Assets Attached to the Land, the Certificate of Land Use Rights, Ownership of Assets Attached to the Land already issued, the excess area will be considered for the issuance of the Certificate of Land Use Rights and Ownership of Assets Attached to the Land.

In cases where the Land Use Right Certificate, the Certificate of House Ownership and Land Use Rights, the Certificate of Land Use Rights, House Ownership and Other Assets Attached to Land, or the Certificate of Land Use Rights and Ownership of Assets Attached to Land has been issued but the location is incorrect, a review and reissuance of the Certificate of Land Use Rights and Ownership of Assets Attached to Land shall be conducted for the land user.

7. The government shall provide detailed regulations on the issuance of Certificates of Land Use Rights and Ownership of Assets Attached to Land, the re-determination of the area of residential land, and the correction, revocation, and cancellation of issued certificates.

Article 136. Authority to issue Certificates of Land Use Rights and Ownership of Assets Attached to Land

1. The authority to issue Land Use Rights Certificates and Certificates of Ownership of Assets Attached to Land for the first time for cases of first registration that require the issuance of such certificates, and cases specified in point b, clause 7, Article 219 of this Law, are regulated as follows:

a) The provincial-level People's Committee shall issue Land Use Rights Certificates and Certificates of Ownership of Assets Attached to Land to land users and owners of assets attached to land as prescribed in clauses 1, 2, 5, 6, and 7 of Article 4 of this Law.

The provincial-level People's Committee may authorize the land management agency at the same level to issue Land Use Rights Certificates and Certificates of Ownership of Assets Attached to Land for the cases specified in this clause;

b) The district-level People's Committee shall issue the Certificate of Land Use Rights and Ownership of Assets Attached to Land to land users and owners of assets attached to land as prescribed in Clause 3 and Clause 4 of Article 4 of this Law.

2. The authority to issue the Certificate of Land Use Rights and Ownership of Assets Attached to Land, and to confirm changes in cases of registered transactions, is regulated as follows:

a) The land registration organization shall carry out the issuance for land users and owners of assets attached to land who are domestic organizations, religious organizations, affiliated religious organizations, foreign organizations with diplomatic functions, economic organizations with foreign investment capital; issue the Certificate of Land Use Rights and Ownership of Assets Attached to Land to owners of assets attached to land who are foreign organizations or foreign individuals;

b) Branches of land registration organizations or land registration organizations shall perform land use right registration and registration of ownership of assets attached to land for individuals, community residents, or overseas Vietnamese people;

c) Land registration organizations, and branches of land registration organizations, are permitted to use their seal to issue Certificates of Land Use Rights, Ownership of Assets Attached to Land, or to confirm changes on already issued certificates.

Article 137. Issuance of Certificates of Land Use Rights, Ownership of Assets Attached to Land for households, individuals, and community residents currently using land that has documents on land use rights

1. Households and individuals who are stably using the land and have one of the types of documents established before October 15, 1993, shall be issued Certificates of Land Use Rights, Ownership of Assets Attached to Land, and shall not be required to pay land use fees:

a) Documents on the right to use land issued by competent authorities during the implementation of land policies of the Democratic Republic of Vietnam, the Provisional Revolutionary Government of the Republic of South Vietnam, and the Socialist Republic of Vietnam;

b) One of the documents on land use rights issued by competent authorities of the old regime to land users, including: Land allocation certificates; Property transfer deeds certified by authorities of the old regime; House sale deeds, house donation deeds, house exchange deeds, house inheritance deeds attached to residential land certified by authorities of the old regime; Wills or agreements on the division of residential property certified by authorities of the old regime; Permits for house construction; Permits for architectural legalization issued by authorities of the old regime; Court judgments of courts under the old regime that have taken effect;

c) Temporary land use right certificate issued by a competent state agency or listed in the Land Registration Book, Cadastral Book;

d) Documents transferring land use rights, buying and selling houses attached to residential land, now confirmed by the Commune People's Committee as having been used before October 15, 1993;

đ) Inventory book, cadastral record established before December 18, 1980, which includes the name of the land user;

e) One of the documents prepared during the process of land registration according to Directive No. 299/TTg dated November 10, 1980, of the Prime Minister on the work of surveying, classifying, and registering land nationwide, issued by the state management agency, containing the name of the land user, including: Minutes of approval by the commune-level Land Registration Council determining that the person currently using the land is legal; A summary of cases of legal land use prepared by the commune-level People's Committee, the commune-level Land Registration Council, or the district- or province-level land management agency; Application for land use right registration; Documents certifying that the land use right has been registered, issued by the commune-, district-, or province-level People's Committee to the land user;

g) Documents regarding house declaration and registration confirmed by the commune-, district-, or province-level People's Committee, in which the land area with the house is recorded;

h) Documents from the defense unit granting land to officers and soldiers for housing according to Directive No. 282/CT-QP dated July 11, 1991, of the Minister of National Defense, where such land allocation complies with the land use planning for officers' and soldiers' housing within the approved defense land planning at the time of land allocation;

i) Projects or lists or documents regarding resettlement for building new economic zones, resettlement migration approved by the district or provincial People's Committee or competent authority, containing the names of land users;

k) Documents containing information about ownership of houses and works; documents on the construction or repair of houses and works certified or permitted by the district or provincial People's Committee or the state management authority for housing and construction;

l) Temporary land allocation papers from the district-level or provincial-level People's Committee; Land use application approved by the commune-level People's Committee or agricultural cooperative before July 1, 1980, or approved by the district-level or provincial-level People's Committee;

m) Documents from a competent state agency regarding land allocation to agencies or organizations to arrange land for officials and employees to build their own houses or construct houses to distribute or grant to officials and employees using non-state budget funds or built with contributions from the officials and employees themselves;

n) Other documents on land use rights existing before October 15, 1993, as prescribed by the provincial People's Committee in accordance with local reality.

2. Households and individuals that are using land with papers of state-owned agricultural and forestry farms on the allocation of land for construction of houses or houses in combination with agricultural and forestry production before July 1, 2004 shall be granted certificates of land use rights and ownership of land-attached assets and shall not have to pay land use levies.

3. Households and individuals that are using land stably and have one of the following papers shall be granted certificates of land use rights and ownership of land-attached assets and shall not have to pay land use levies:

a) Lawful papers on inheritance or donation of land use rights or land-attached assets; papers on assignment of houses of gratitude, houses of compassion or great solidarity houses attached to land;

b) Papers on liquidation and valuation of houses attached to residential land; papers on purchase of state-owned houses in accordance with law.

4. Households and individuals who are using land and have documents regarding the allocation or lease of land by the State in accordance with the law from October 15, 1993, until before the effective date of this Law, but have not yet been issued a Certificate of Land Use Rights, Certificate of House Ownership and Land Use Rights, Certificate of Land Use Rights, House Ownership and Other Assets Attached to Land, or Certificate of Land Use Rights and Ownership of Assets Attached to Land, shall be issued a Certificate of Land Use Rights and Ownership of Assets Attached to Land; in cases where land use fees have not been paid, they must be paid in accordance with legal regulations.

5. Households and individuals who are using land and have one of the types of documents specified in Clauses 1, 2, 3, and 4 of this Article, but the name on the document is of another person, accompanied by documents regarding the transfer of land use rights, and who, before the effective date of this Law, have not completed the procedures for transferring land use rights according to the provisions of the law, and the land is not in dispute, shall be granted a Certificate of Land Use Rights and Ownership of Assets Attached to the Land; the fulfillment of financial obligations shall be carried out in accordance with the provisions of the law.

6. Households, individuals, and residential communities are allowed to use land according to the judgment or decision of the Court, the decision or award of the Vietnam Commercial Arbitration, the enforcement decision of the enforcement agency, the decision on resolving disputes, complaints, or denunciations concerning land by competent state agencies that have been enforced, or the document recognizing the results of successful mediation, and they are granted Land Use Rights Certificates, ownership of assets attached to the land; the fulfillment of financial obligations in accordance with the provisions of law.

7. Households and individuals who have a copy of one of the types of documents stipulated in Clauses 1, 2, 3, 4, 5, and 6 of this Article, where the original document has been lost and the state agency no longer retains the record for the issuance of that type of document, shall be granted a Land Use Rights Certificate and Ownership Rights for Assets Attached to Land if the People's Committee of the commune where the land is located confirms that the land is used stably and there are no disputes; financial obligations shall be performed in accordance with the provisions of the law.

8. In case the land user has one of the documents specified in Clauses 1, 2, 3, 4, 5, 6, and 7 of this Article, and the document shows different dates, the land user may choose one of the dates on the document as the basis for issuance of the Land Use Rights Certificate and Ownership Rights for Assets Attached to Land.

9. Residential communities using land with structures such as communal houses, temples, shrines, small temples, ancestral houses, or other religious works; pagodas not falling under the provisions of Clause 1, Article 213 of this Law; agricultural land specified in Clause 4, Article 178 of this Law, and such land is not in dispute, and has confirmation documents from the commune-level People's Committee where the land is located that it is land for communal use by the residential community, shall be granted a Certificate of Land Use Rights and Ownership of Assets Attached to Land.

Article 138. Granting of Certificates of Land Use Rights and Ownership of Assets Attached to Land in cases where households or individuals are using land without documents on land use rights but do not violate land laws, and do not fall under cases of land allocation beyond authority.

The issuance of Certificates of land use rights and ownership of assets attached to land for cases where households and individuals are using land stably but do not have one of the types of land use right documents prescribed in Article 137 of this Law, and are not within the cases prescribed in Articles 139 and 140 of this Law, shall be carried out according to the following regulations:

1. Households and individuals that used land before December 18, 1980 and are now certified by the commune-level People's Committees of the localities where exists the land without disputes shall be granted certificates of land use rights and ownership of land-attached assets as follows:

a) For land plots with houses, houses and constructions serving life, if the land plot area is equal to or larger than the land recognition limit according to the provisions in Clause 5, Article 141 of this Law, the recognized residential land area is equal to the land recognition limit and no land use fee is required.

In the case where the area of land on which houses, houses and constructions serving life have been built is larger than the land recognition limit specified in this point, the recognized residential land area will be according to the actual area where the houses, houses and constructions serving life have been built; the land user must pay land use fees for the area exceeding the recognized land limit specified in this point.

b) For land plots with houses, houses and works serving life, if the area of the land plot is smaller than the limit for recognizing residential land stipulated in Clause 5, Article 141 of this Law, the residential land area is determined as the entire area of that land plot and no land use fees are required;

c) For land plots used for non-agricultural production and business, commerce, and services, the land for non-agricultural production facilities, commercial, and service land is recognized according to the actual area used; the form of land use is recognized as the form of land allocation with land use fees, and the land use term is long-term stability;

d) The remaining land area after being determined under the provisions of Points a and c of this Clause shall be determined according to the current land use status.

In case the current use status is non-agricultural land other than residential land, it shall be recognized according to the provisions of Point c of this Clause.

In cases where the current land use is agricultural land, it is recognized in the form of the State allocating land without collecting land use fees; if the land user wishes to have it recognized for non-agricultural purposes and it is in accordance with the district-level land use plan or the general plan or the subdivision plan or the construction plan or the rural plan, it will be recognized for that purpose and must pay land use fees according to the provisions of the law;

2. Households or individuals who have been using land from December 18, 1980, to before October 15, 1993, and are now confirmed by the Commune People's Committee where the land is located as having no disputes, will be issued a Certificate of Land Use Rights and Ownership of Assets Attached to Land as follows:

a) For a land plot with a house, a house and works serving residential life, if the area of the land plot is equal to or larger than the land recognition limit for residential land as prescribed in Clause 5, Article 141 of this Law, the area of residential land is recognized up to the land recognition limit for residential land and no land use fee is required.

In the case where the area of land on which houses, houses and constructions serving life have been built is larger than the land recognition limit specified in this point, the recognized residential land area will be according to the actual area where the houses, houses and constructions serving life have been built; the land user must pay land use fees for the area exceeding the recognized land limit specified in this point.

b) For land plots with houses, houses and works serving life, if the area of the land plot is smaller than the limit for recognizing residential land stipulated in Clause 5, Article 141 of this Law, the residential land area is determined as the entire area of that land plot and no land use fees are required;

c) For a land plot used for non-agricultural production, business, trade, or service purposes, the land for non-agricultural production establishments, trade, and services is recognized in accordance with the provisions at Point c, Clause 1 of this Article;

d) The remaining land area after being determined under the provisions of Points a and c of this Clause shall be determined according to the current land use status.

In case the current use status is non-agricultural land other than residential land, it shall be recognized according to the provisions of Point c of this Clause.

In cases where the current land use is agricultural land, it is recognized in the form of the State allocating land without collecting land use fees; if the land user wishes to have it recognized for non-agricultural purposes and it is in accordance with the district-level land use plan or the general plan or the subdivision plan or the construction plan or the rural plan, it will be recognized for that purpose and must pay land use fees according to the provisions of the law;

3. Families and individuals who used the land from October 15, 1993, to before July 1, 2014, and are now confirmed by the People's Committee of the commune where the land is located as having no disputes, shall be granted the Land Use Right Certificate and ownership of assets attached to the land as follows:

a) For land parcels with houses, residential houses, and life service works, if the land parcel area is equal to or larger than the land allocation limit for residential land as prescribed in Clause 2, Article 195 and Clause 2, Article 196 of this Law, the residential land area shall be recognized by the land allocation limit; in case the land area with constructed houses, residential houses, and life service works is larger than the land allocation limit for residential land, the residential land area shall be recognized according to the actual area used for constructing those houses, residential houses, and life service works;

b) For land parcels with houses, residential houses, and life service works, if the land parcel area is smaller than the land allocation limit for residential land as prescribed in Clause 2, Article 195 and Clause 2, Article 196 of this Law, the entire land parcel area shall be recognized as residential land;

c) For a land plot used for non-agricultural production, business, trade, or service purposes, the land for non-agricultural production establishments, trade, and services is recognized in accordance with the provisions at Point c, Clause 1 of this Article;

d) The remaining land area after being determined under the provisions of Points a and c of this Clause shall be determined according to the current land use status.

In case the current use status is non-agricultural land other than residential land, it shall be recognized according to the provisions of Point c of this Clause.

In cases where the current land use is agricultural land, it is recognized in the form of the State allocating land without collecting land use fees; if the land user wishes to have it recognized for non-agricultural purposes and it is in accordance with the district-level land use plan or the general plan or the subdivision plan or the construction plan or the rural plan, it will be recognized for that purpose and must pay land use fees according to the provisions of the law;

d) Land users being granted the Certificate of land use rights and ownership of assets attached to land as prescribed in this Clause must fulfill financial obligations in accordance with legal regulations;

4. In cases where a land plot is used jointly by multiple households or individuals, the residential land limit specified in Clauses 1, 2, and 3 of this Article shall be calculated as the total residential land limit of those households or individuals.

In cases where a single household or individual uses multiple land plots with houses, houses and constructions serving residential life that have been confirmed by the communal People's Committee where the land is located as having been used stably before October 15, 1993, the residential land limit shall be determined in accordance with the provisions of Clauses 1, 2, and 3 of this Article for each such land plot;

5. Households and individuals who are entitled to be allocated agricultural land as prescribed in Clause 1, Article 118 of this Law and have used residential land or non-agricultural land before July 1, 2014, without the documents prescribed in Article 137 of this Law, and who have permanent residence registration in localities with difficult socio-economic conditions or localities with especially difficult socio-economic conditions, and are now confirmed by the commune-level People's Committee where the land is located as having no disputes, shall be granted Certificates of Land Use Rights and Ownership of Assets Attached to Land and are not required to pay land use fees. The land area is determined when issuing the Certificates of Land Use Rights and Ownership of Assets Attached to Land in accordance with the provisions in Clauses 1, 2, 3, and 4 of this Article;

6. Households and individuals currently using land stably for purposes within the agricultural land group, and for which the commune-level People's Committee where the land is located has confirmed that there are no disputes, shall be granted a Land Use Rights Certificate and Ownership of Assets Attached to Land under the form of the State allocating land without collecting land use fees for the area of land currently in use, but not exceeding the agricultural land allocation limit for individuals as prescribed in Article 176 of this Law; the land use term is calculated from the date of issuance of the Land Use Rights Certificate and Ownership of Assets Attached to Land; the remaining agricultural land (if any) must be converted to leasing land from the State;

7. The application of local regulations on residential land limits to determine the area of residential land in the cases prescribed in Clauses 1, 2, 3, 4, and 5 of this Article shall be carried out in accordance with the provisions of the law at the time the land user submits the dossier for the issuance of the Certificate of land use rights and ownership of assets attached to the land;

8. Households and individuals currently using land in the cases specified in clauses 1, 2, 3, 4, 5, and 6 of this Article, who do not meet the conditions to be issued a Certificate of land use rights and ownership of assets attached to the land, are allowed to temporarily use the land in its current state until the State recovers the land and must declare and register the land in accordance with regulations;

9. The State is responsible for issuing Certificates of land use rights and ownership of assets attached to the land to cases that have been registered and meet the conditions as stipulated in this Article;

10. The Government shall provide detailed regulations on this Article.

Article 139. Resolution for households and individuals using land in violation of land laws before July 1, 2014

1. In cases where land is used by encroaching upon or occupying the safety protection corridor of public works after the State has announced and set markers for the protection corridor, or by encroaching upon or occupying roadbeds, road shoulders, or sidewalks after the State has announced construction boundaries, or by encroaching upon land used for building agency offices, career works, or other public works, the State shall recover the land to return it to the works without issuing a Certificate of Land Use Rights or ownership of assets attached to the land for the encroached area.

In cases where land use planning and construction planning adjustments have been approved by competent authorities, and the encroached land no longer falls within the safety protection corridor of public works; is not within the road construction boundary; and does not serve the purpose of agency offices, public service works, or other public works, the land user may be considered for the issuance of a Land Use Rights Certificate and ownership of assets attached to the land, and must fulfill financial obligations in accordance with the law.

2. In cases of land use due to encroachment on land originating from state-assigned agricultural or forestry land that was allocated without land use fees to certain subjects over the periods, the handling is as follows:

a) In the case of using land areas encroached upon that fall under forestry planning for special-use forests or protection forests, the Provincial People's Committee shall direct the recovery of the encroached land to hand it over to the Forest Management Board for management and use. Those currently using the encroached land shall be considered by the Forest Management Board for contracted protection and forest development in accordance with forestry law. In case there is no Forest Management Board, those using the encroached land shall be allocated land by the State for use in the purpose of protection and development of protection forests and may be considered for issuance of a Land Use Rights Certificate and ownership of assets attached to land.

b) In the case of using land areas encroached upon that fall under land use planning for the purpose of constructing public infrastructure works, the Provincial People's Committee shall direct the recovery of the encroached land to allocate it to the investor when constructing the respective works.

The person using the land in violation is temporarily allowed to use it until the State recovers the land, but must maintain the current state of land use and must declare and register the land in accordance with regulations;

c) In the case of land encroachment or occupation, currently being used for agricultural production or residential purposes before July 1, 2014, not included in forestry planning for special-use forests or protection forests, and not included in land use planning for public infrastructure construction purposes, the person currently using the land will be considered for the issuance of a Certificate of Land Use Rights and Ownership of Assets Attached to the Land and must fulfill financial obligations in accordance with legal regulations.

3. In the case of households or individuals currently using land due to land encroachment or occupation that does not fall under the cases specified in Clauses 1 and 2 of this Article, and in the case of land use not in accordance with the purpose for which the land was allocated, leased, or recognized by the State, the handling will be as follows:

a) In the case of a person who is currently using land stably, in accordance with the district-level land use planning, or the general planning, or the subzone planning, or the construction planning, or the rural planning, they may be considered for the issuance of a Certificate of land use rights and ownership of assets attached to the land and must fulfill financial obligations in accordance with the law;

b) In cases not falling under the provisions at point a of this clause, the person currently using the land is allowed to use it temporarily until the State recovers the land, but must maintain the current status of land use and must declare and register the land in accordance with regulations.

4. Households and individuals who are using agricultural land that they have reclaimed themselves, without any disputes, shall be granted by the State a Certificate of Land Use Rights and Ownership of Assets Attached to Land according to the agricultural land allocation limit prescribed by the provincial-level People's Committee; if the area exceeds the limit prescribed by the provincial-level People's Committee, the excess area must be converted to land leased from the State.

5. In the case of households and individuals using land in violation of land laws as stipulated in clauses 1 and 2 of this Article from July 1, 2014, onwards, the State shall not grant a Certificate of Land Use Rights and Ownership of Assets Attached to Land and shall handle according to the provisions of law.

6. The Government shall regulate the details of this Article.

Article 140. Granting Certificates of Land Use Rights and Ownership of Assets Attached to Land to households and individuals who are using land allocated without proper authority.

Land that is allocated not in accordance with the authority to households or individuals as prescribed by the land law at the time of allocation, or land acquired through purchase, liquidation, pricing, distribution of houses, or construction works attached to the land not in accordance with legal regulations, the issuance of the Certificate of Land Use Rights and ownership of assets attached to the land shall be carried out as follows:

1. In the case where the land has been used stably prior to October 15, 1993, if the People's Committee of the commune where the land is located certifies that there is no dispute, the person currently using the land shall be issued the Certificate of Land Use Rights and ownership of assets attached to the land for the area of land that has been allocated in accordance with Clause 2 and Clause 6 of Article 138 of this Law;

2. In the case where land has been used stably from October 15, 1993, until before July 1, 2004, and is now confirmed by the People's Committee of the commune where the land is located to be free of disputes, and in accordance with the district-level land use planning or master planning or subzone planning or construction planning or rural planning, a Certificate of Land Use Rights and Ownership of Assets Attached to the Land shall be granted in accordance with the provisions of Clauses 3 and 6, Article 138 of this Law;

3. In the case where land has been used stably from July 1, 2004, until before July 1, 2014, and is now confirmed by the People's Committee of the commune where the land is located to be free of disputes, and in accordance with the district-level land use planning or master planning or subzone planning or construction planning or rural planning, a Certificate of Land Use Rights and Ownership of Assets Attached to the Land shall be granted as follows:

a) For land plots with houses, houses and works serving life, if the area of the land plot is equal to or greater than the residential land allocation limit prescribed in Clause 2, Article 195 and Clause 2, Article 196 of this Law, the residential land area to be granted the Certificate of land use rights, ownership of assets attached to the land shall be equal to the residential land allocation limit;

b) For land plots with houses, houses and works serving life, if the area of the land plot is smaller than the residential land allocation limit prescribed in Clause 2, Article 195 and Clause 2, Article 196 of this Law, the residential land area shall be determined as the entire area of that land plot;

c) The remaining area (if any) after determining the residential land area according to the provisions at Point a of this Clause shall be recognized according to the current status of land use;

4. In the case where land was allocated from July 1, 2014, until before the effective date of this Law, and is now confirmed by the commune-level People's Committee where the land is located as having no disputes, being in accordance with the land use planning, and the land user has documents proving that payment has been made to use the land, the land area for issuing the Certificate of Land Use Rights and Ownership of Assets Attached to the Land shall be determined according to the provisions in Clause 3, Article 138 of this Law;

5. The State does not issue Certificates of Land Use Rights and Ownership of Assets Attached to the Land for land allocated or leased without proper authority from July 1, 2014, onwards, except for cases prescribed in Clause 4 of this Article;

6. Land users who are issued Certificates of Land Use Rights and Ownership of Assets Attached to the Land as prescribed in Clauses 1, 2, 3, and 4 of this Article must fulfill financial obligations in accordance with legal regulations;

7. The Government shall provide detailed regulations on this Article.

Article 141. Determination of residential land area when recognizing land use rights

Households and individuals currently using land who have one of the types of land use right documents stipulated in Clauses 1, 2, 3, 4, 5, 6, and 7 of Article 137 of this Law, and on which documents the purpose of use for housing, residential land, or residential plots is indicated, the residential land area is determined when issuing the Certificate of land use rights and ownership of assets attached to the land as follows:

1. In the case where the land plot was formed before December 18, 1980, the land user is not required to pay land use fees for the portion of the area determined as follows:

a) A land plot with an area equal to or larger than the recognized land limit for residential purposes, where the land use right certificate clearly states the area of residential land, the residential land area is determined according to that certificate; in cases where the residential land area on the land use right certificate is smaller than the recognized land limit for residential purposes or does not clearly state the residential land area, the residential land area is determined by the recognized land limit for residential purposes;

b) A land plot with an area smaller than the recognized land limit for residential purposes, the entire area is determined as residential land;

2. In the case of a land plot formed from December 18, 1980, to before October 15, 1993, the land user does not have to pay land use fees for the area determined as follows:

a) A land plot with an area equal to or larger than the recognized land limit for residential purposes, where the land use right certificate clearly states the area of residential land, the residential land area is determined according to that certificate; in cases where the residential land area on the land use right certificate is smaller than the recognized land limit for residential purposes or does not clearly state the residential land area, the residential land area is determined by the recognized land limit for residential purposes;

b) A land plot with an area smaller than the recognized land limit for residential purposes, the entire area is determined as residential land;

3. In the case of a land plot formed from October 15, 1993, to before the effective date of this Law, the residential land area is determined according to the land use right certificate;

4. For the remaining land area of the plot after the residential land area has been determined in accordance with point a, clause 1, point a, clause 2, and clause 3 of this Article, it shall be handled as follows:

a) In case a house or a house and works serving life have been constructed, it shall be identified as residential land and must pay land use fees in accordance with the law;

b) In case a work used for non-agricultural production, business, trade, or service purposes has been constructed, it shall be recognized as non-agricultural production land or trade and service land according to the actual area of the constructed work; the form of land use shall be recognized as land allocation with land use fees, and the land use term shall be long-term stable.

c) In cases where the current use is agricultural land, it will be recognized as agricultural land; if the land user requests recognition for non-agricultural purposes and it is consistent with the district-level land use plan, general plan, sub-zone plan, construction plan, or rural planning, it will be recognized for that purpose but must pay land use fees in accordance with the provisions of the law;

5. The provincial People's Committee, based on the conditions and customs of the locality, shall specifically stipulate the recognized land limit as prescribed in Clause 1 and Clause 2 of this Article for cases of land use before December 18, 1980, and from December 18, 1980, to before October 15, 1993;

6. The re-determination of the residential land area of households and individuals in cases where the residential plot has a garden, pond, or residential land that has been granted a certificate before July 1, 2004, when the land user has a demand or when the State recovers land, shall be carried out as follows:

a) The residential land area shall be re-determined according to the provisions in Clauses 1 and 2 of this Article if, at the time of the previous issuance of the land use right certificate, there was one of the documents specified in Clauses 1, 2, 3, 5, 6, and 7 of Article 137 of this Law that does not fall under the provisions of Clause 4 of Article 137 of this Law; the land user shall not have to pay land use fees for the area re-determined as residential land.

In cases where the land user has transferred the right to use a part of the residential land area of the land plot or the State has recovered a part of the residential land area of the land plot, when recalculating the residential land area, the area of residential land that has been transferred or recovered must be subtracted;

b) The area of land of the person receiving the land use right transfer in accordance with the provisions of law or the area of land that the State has recovered shall not be re-determined according to the provisions at point a of this clause;

7. The competent authority to issue the Certificate of Land Use Right, Ownership of Properties Attached to Land as prescribed at point b clause 1 Article 136 of this Law is responsible for re-determining the residential land area and issuing the Certificate of Land Use Right, Ownership of Properties Attached to Land for cases prescribed at point a clause 6 of this Article.

Article 142. Issuance of Certificate of Land Use Right, Ownership of Properties Attached to Land to organizations currently using land

1. Organizations that are using land but have not yet been issued a Land Use Rights Certificate or a House Ownership and Land Use Rights Certificate or a certificate of land use rights, house ownership, and other assets attached to the land, or a certificate of land use rights and asset ownership attached to the land, must declare the current status of land use and report to the Provincial People's Committee where the land is located.

2. Based on the report on the current status of land use from the organization, the Provincial People's Committee where the land is located shall conduct an actual inspection of land use and handle it according to the following regulations:

a) The land area of an organization that has documents specified in Article 137 of this Law and is being used for the correct purpose shall have its land use form determined by the competent state authority in accordance with the provisions of the law and be granted a Certificate of land use rights and ownership of assets attached to the land; in case the land is used without documents specified in Article 137 of this Law, it shall be carried out according to the land use forms stipulated in Articles 118, 119, and 120 of this Law.

For organizations using land that falls under the case of land leased by the State as stipulated in Article 120 of this Law, the provincial-level land management authority shall carry out procedures to sign the land lease contract before issuing the Certificate of land use rights and ownership of assets attached to the land;

b) The term of land use granted with a Land Use Rights Certificate and ownership of assets attached to the land specified in point a of this clause, in the case of having documents on land use rights as prescribed in Article 137 of this Law, shall be determined according to those documents; in cases where there are documents on land use rights but the documents do not state the term of land use, or if the term is stated but does not comply with the provisions of land law at the time the documents were issued, the land use term shall be determined according to the provisions of Article 172 of this Law and shall be calculated from October 15, 1993, for land used before October 15, 1993, and from the date of the decision on land allocation or land lease in cases of land use from October 15, 1993, onwards;

c) Land area used for the wrong purpose, land area that has been encroached upon or occupied; land area that has been leased or lent to other organizations, households, or individuals; land area engaged in illegal joint ventures or partnerships; land area that has not been used for more than 12 months or whose usage progress has been delayed for more than 24 months, shall be reclaimed by the provincial People's Committee according to the provisions of the law;

d) The land area that the organization has allocated to households and individuals who are officers or employees of the organization for residential purposes before the effective date of this Law must be handed over to the district-level People's Committee where the land is located to implement the issuance of Land Use Right Certificates and ownership of assets attached to the land to the land users in accordance with the provisions of law; the land users who are issued Land Use Right Certificates and ownership of assets attached to the land must fulfill financial obligations in accordance with the provisions of law.

In cases where state-owned enterprises engaged in agricultural production, forestry, aquaculture, or salt production, which have been allocated land by the State, allow households or individuals to use part of the land fund as residential land before July 1, 2004, they must prepare a plan to rearrange the residential land area into a residential area and submit it to the Provincial People's Committee where the land is located for approval before handing it over to local authorities for management;

d) For land areas that are under dispute, the issuance of Land Use Rights Certificates and ownership of assets attached to the land will be carried out after resolving the dispute in accordance with legal regulations.

3. In cases where an organization receives the transfer of a real estate project in accordance with the provisions of the law on real estate business, and both the transferor and the transferee of the project have fulfilled their financial obligations as prescribed by law, consideration may be given to issuing the Certificate of Land Use Rights and Ownership of Assets Attached to Land in accordance with Government regulations.

Article 143. Issuance of the Certificate of Land Use Rights and Ownership of Assets Attached to Land for land used to construct urban areas, rural residential areas, or projects for production and business with multiple land use purposes.

1. Land allocated to investors to implement urban area or rural residential area projects, where the project specifies multiple construction works or multiple land areas with different land use purposes according to the provisions of Article 9 of this Law, must clearly determine the location and area for each land use purpose and issue a Certificate of Land Use Rights and Ownership of Assets Attached to the Land according to the following provisions:

a) The issuance of Certificates of land use rights and ownership of assets attached to the land is carried out for each land plot used for each purpose, in accordance with the detailed construction planning approved by the competent authority;

b) For the land area used for the construction of public works serving the common interests of the community within and outside urban areas and rural residential areas according to investment projects and detailed construction plans approved by the competent authority, it shall be handed over to the local authority for management without issuing a Land Use Rights Certificate and Ownership of Assets Attached to Land;

c) In the case of apartment buildings combined with offices, commercial, and service establishments, if the investor has the demand and meets the conditions, they shall be issued a Land Use Rights Certificate and Ownership of Assets Attached to Land for one or more apartments, offices, commercial, and service establishments owned by the investor.

2. Land allocated to investors for implementing production and business projects, which includes multiple land areas with different land use purposes, shall be issued a single Land Use Right Certificate and a Certificate of Ownership of Assets Attached to Land for the entire land area to the investor, clearly indicating the location and area of land for each land use purpose in accordance with Article 9 of this Law. In cases where the investor has a demand, a Land Use Right Certificate and a Certificate of Ownership of Assets Attached to Land may be issued for each land lot according to each land use purpose, in accordance with the approved detailed construction planning.

Article 144. Issuance of Land Use Right Certificates and Certificates of Ownership of Assets Attached to Land for land with historical - cultural relics and scenic spots.

The issuance of Certificates of Land Use Rights and Ownership of Assets Attached to Land for land with historical and cultural relics or scenic spots that have been classified or included in the relic inventory list by the provincial People's Committee in accordance with the law on cultural heritage shall be carried out as follows:

1. In the case where the land is only used by a single agency, organization, community, household, or individual, the Certificate of Land Use Rights and Ownership of Assets Attached to Land shall be issued to that agency, organization, community, household, or individual;

2. In the case where the land is used by multiple people or consists of different types of land, Certificates of Land Use Rights and Ownership of Assets Attached to Land shall be issued to each land user. Land users must comply with the legal regulations on the protection of historical and cultural relics and scenic spots.

Article 145. Issuance of Certificates of Land Use Rights, Ownership of Assets Attached to Land for Religious Organizations and Affiliated Religious Organizations Currently Using Land

1. Religious organizations and affiliated religious organizations permitted by the State to operate and currently using land for religious activities, but have not been issued Certificates of Land Use Rights or Certificates of Land Use Rights, Ownership of Houses and Other Assets Attached to Land or Certificates of Land Use Rights, Ownership of Assets Attached to Land, must review, declare the land use, and report to the provincial People's Committee according to the following contents:

a) Total area of land being used;

b) Area of land allocated by competent state authorities; acquired through transfer; received as a gift; borrowed from organizations, households, or individuals; self-established; or other forms;

c) Area of land lent to organizations, households, or individuals, used for residence, or leased;

d) Land area that has been encroached on or occupied by others.

2. The provincial-level People's Committee where the land is located shall conduct an actual inspection, determine the specific boundaries of the land plot, and decide on handling according to the following regulations:

a) The land area that organizations, households, or individuals have been using stably before October 15, 1993, will be considered based on the land use needs of the religious organization, affiliated religious organization, and the respective organization, household, or individual in order to resolve it, ensuring the land use rights of the parties according to reality;

b) Land area that organizations, households, or individuals have used from October 15, 1993, to before July 1, 2004, shall be settled as in the case of households or individuals borrowing or leasing land from other households or individuals in accordance with the provisions of land law;

c) Expanded land area of religious organizations or affiliated religious organizations without permission from competent state authorities; land area of religious organizations or affiliated religious organizations that has been encroached or occupied; land area of religious organizations or affiliated religious organizations that is under dispute shall be settled by the Provincial People's Committee in accordance with the provisions of the law.

3. The land area of a religious organization or an affiliated religious organization, after being processed according to the provisions in Clause 2 of this Article, shall be granted a Certificate of land use rights and ownership of assets attached to the land with a long-term stable land use period and in the form of land allocation without collection of land use fees according to the provisions in Clause 2, Article 213 of this Law, when the following conditions are met:

a) The religious organization or affiliated religious organization is permitted by the State to operate;

b) Land that is not in dispute, or disputes that have been resolved by a competent state authority, court judgments or decisions, decisions or awards of arbitration that have entered into legal effect;

c) It is not land received through transfer or donation from July 1, 2004 onward.

4. In the case of land used by a religious organization or a religious-affiliated organization for agricultural production, forestry production, or non-agricultural production and business that meets the conditions prescribed in Clause 3 of this Article, a Certificate of Land Use Rights and Ownership of Assets Attached to Land shall be issued in accordance with the form and land use term corresponding to that purpose, just like for households and individuals.

Article 146. Issuance of Certificates of Land Use Rights and Ownership of Assets Attached to Land for cases where the land plot has an area smaller than the minimum area.

1. Land currently in use that was formed before the effective date of the document issued by the provincial People's Committee regulating the minimum area for plot subdivision, and the land plot area is smaller than the minimum area prescribed by the provincial People's Committee, but meets the conditions for the issuance of a certificate of land use rights and ownership of assets attached to the land, the person using the land shall be issued a certificate of land use rights and ownership of assets attached to the land.

2. Do not issue a Certificate of land use rights, ownership of assets attached to the land in cases of self-division or splitting of registered land for which a Certificate of land use rights or a Certificate of house ownership and residential land use rights or a Certificate of land use rights, house ownership, and other assets attached to the land, or a Certificate of land use rights and ownership of assets attached to the land has already been issued, into 02 or more land parcels, in which at least 01 parcel has an area smaller than the minimum area allowed for subdivision under the provisions of Article 220 of this Law.

3. In the case where the land plot has been granted a Certificate of Land Use Rights or a Certificate of House Ownership and Land Use Rights or a Certificate of Land Use Rights, House Ownership, and Other Assets Attached to Land or a Certificate of Land Use Rights, Ownership of Assets Attached to Land, and the land user has the need to split or merge the plot, if they meet the conditions prescribed in Article 220 of this Law, they shall be granted a Certificate of Land Use Rights and Ownership of Assets Attached to Land for each plot after the splitting or merging of plots.

Article 147. Granting Certificates of Land Use Rights and Ownership of Assets Attached to Land for cases where the land plot falls within the scope of multiple commune-level administrative units.

1. In cases where a land plot falls within the jurisdiction of multiple communes, wards, or townships but is under the authority of one agency to issue the Certificate of Land Use Rights and Ownership of Land-Attached Assets, a single Certificate of Land Use Rights and Ownership of Land-Attached Assets shall be issued to the land user; the area of each part belonging to the jurisdiction of each administrative unit at the commune level must be identified.

2. In cases where a land plot falls within the jurisdiction of multiple communes, wards, or townships under the authority of different agencies to issue the Certificate of Land Use Rights and Ownership of Land-Attached Assets, the Certificate of Land Use Rights and Ownership of Land-Attached Assets shall be issued according to each land plot under the authority of each agency issuing the Certificate of Land Use Rights and Ownership of Land-Attached Assets.

Article 148. Issuance of the Certificate of Land Use Rights and Ownership of Land-Attached Assets for assets that are houses

1. Households and individuals who own houses shall be granted a Certificate of land use rights and ownership of assets attached to the land when they have one of the following documents:

a) A housing construction permit or a temporary housing construction permit in cases where a construction permit must be applied for in accordance with the law on construction;

b) A sales contract for a state-owned house as prescribed in Government Decree No. 61-CP dated July 5, 1994, on the sale and business of houses, or documents on the liquidation or pricing of state-owned houses before July 5, 1994;

c) Documents on the allocation or donation of gratitude houses, charity houses, or solidarity houses;

d) Documents on house ownership issued by competent authorities over time, where the house and land are not subject to State-established public ownership as prescribed in Resolution No. 23/2003/QH11 dated November 26, 2003, of the National Assembly on houses and land managed, allocated, and used by the State during the implementation of land management policies and socialist renovation policies before July 1, 1991, and Resolution No. 755/2005/NQ-UBTVQH11 dated April 2, 2005, of the Standing Committee of the National Assembly regulating the handling of certain specific cases of houses and land in the process of implementing land management policies and socialist renovation policies before July 1, 1991;

d) Documents regarding the sale, donation, exchange, or inheritance of a house that have been certified by a notary or authenticated by the competent People's Committee as prescribed by law in the case of transactions before July 1, 2006.

In the case of housing acquired through purchase, donation, exchange, or inheritance from July 1, 2006, onwards, there must be a document regarding that transaction in accordance with the provisions of the law on housing.

In the case of housing purchased from a real estate business enterprise that invests in construction for sale, there must be a housing sale contract signed by both parties;

e) A judgment or decision of the Court or a document from a competent state agency that has legal validity confirming ownership of the house;

g) One of the documents specified in points a, b, c, d, đ, and e of this clause, on which another person's name is recorded and which is not under dispute.

2. In the case of households or individuals who owned houses before July 1, 2006, and do not have the documents specified in Clause 1 of this Article but are not under dispute, they shall be issued the Certificate of Land Use Rights and Ownership of Assets Attached to Land.

3. In the case of households or individuals who have houses not falling under the provisions of Clause 1 and Clause 2 of this Article but are in cases where a construction permit is not required, they shall be issued a Certificate of Land Use Rights and Ownership of Properties Attached to Land; in cases where a construction permit is required, a confirmation from the competent construction management authority at the district level stating that the house meets the conditions for existence in accordance with the construction law must be obtained.

4. Domestic organizations, foreign-invested economic organizations, and overseas Vietnamese investing in the construction of houses for business purposes who have documents in accordance with housing law provisions shall be issued a Certificate of Land Use Rights and Ownership of Properties Attached to Land.

In cases of purchasing, receiving as a gift, inheriting a house, or acquiring ownership of a house through other forms as prescribed by law, there must be documents regarding that transaction as prescribed by law.

5. In cases where the house owner does not have the right to use the plot of land of the house, the issuance of a Certificate of Land Use Rights and Ownership of Assets Attached to the Land shall be carried out as follows:

a) For foreign organizations and foreign individuals owning houses in Vietnam, they must have documents regarding housing transactions in accordance with the provisions of housing law;

b) For homeowners under the provisions of the housing law who are not covered in point a of this clause, they must have documents proving ownership of the house according to the provisions in this Article, and a land lease contract or a capital contribution contract or a business cooperation contract, or a written approval from the land user agreeing to build a house, which has been notarized or certified according to the law;

6. In cases where the construction has a mixed purpose as prescribed by law and is built on residential land, a Certificate of Land Use Rights and Ownership of Assets Attached to Land shall be issued for the asset being a construction item or the entire construction; the land use term shall be long-term stable.

Article 149. Issuance of Certificates of Land Use Rights and Ownership of Assets Attached to Land for assets that are constructions other than residential houses

1. Households, individuals, and residential communities owning construction works that have been granted a Certificate of land use rights and ownership of assets attached to the land when having one of the following types of documents:

a) Construction permit for works or temporary construction permit in cases where a construction permit must be obtained according to the provisions of construction law;

b) Documents on ownership of construction works issued by competent authorities over time, except in cases where the State has managed or allocated for use;

c) Documents on the sale, donation, or inheritance of construction works in accordance with the law;

d) Judgment or decision of the Court or documents of a competent state authority that have legal effect and determine the ownership of construction works;

e) One of the documents specified in points a, b, c, and d of this clause, on which the name of another person is recorded and there is currently no dispute.

2. In the case of households, individuals, or community residents owning construction works before July 1, 2004, without the documents prescribed in Clause 1 of this Article and not involved in disputes, a Certificate of Land Use Rights and Ownership of Assets Attached to Land shall be granted.

3. In the case of households, individuals, or community residents owning construction works that do not fall under the provisions of Clauses 1 and 2 of this Article but are in cases where a construction permit is not required, a Certificate of Land Use Rights and Ownership of Assets Attached to Land shall be granted; in cases where a construction permit is required, a confirmation from the competent district-level construction management agency is required that the construction work is eligible to exist in accordance with the construction law.

4. Domestic organizations, economic organizations with foreign investment, foreign organizations with diplomatic functions, religious organizations, affiliated religious organizations, and Vietnamese people residing abroad that establish construction works with documents in accordance with legal regulations on construction shall be issued a Certificate of Land Use Rights and Ownership of Assets Attached to Land.

In case of purchasing, receiving as a gift, inheriting construction works, or obtaining ownership of construction works through other forms as prescribed by law, there must be documents regarding such transactions in accordance with legal regulations.

5. In the case where the owner of a construction works does not have the right to use the land parcel, they must have documents proving ownership of the construction works in accordance with the provisions of this Article, and a land lease contract or a capital contribution contract or a business cooperation contract or a written approval from the land user agreeing to the construction works that has been notarized or certified in accordance with the law, in order to be granted a Certificate of Land Use Rights and Ownership of Assets Attached to Land.

6. If a project has multiple construction items, a Certificate of Land Use Rights and Ownership of Assets Attached to Land shall be granted for each construction item or for each portion of the area of that construction item.

Article 150. Granting Certificates of Land Use Rights and Ownership of Assets Attached to Land in cases where the State has issued decisions to manage land and assets attached to land but has not yet implemented them.

Households and individuals who are currently using land and assets attached to the land, which previously were managed by a state agency’s decision on land and assets, during the implementation of state policies, but in reality the state has not carried out the decision, are allowed to continue using the land and assets and may be considered for the issuance of a Certificate of Land Use Rights and Ownership of Assets Attached to the Land in accordance with the law.

Article 151. Cases where a Certificate of Land Use Rights and Ownership of Assets Attached to the Land is not issued

1. Land users are not granted a Certificate of Land Use Rights and Ownership of Assets Attached to the Land in the following cases:

a) Agricultural land used for public purposes as prescribed in Article 179 of this Law;

b) Land allocated for management falls under the cases specified in Article 7 of this Law, except for land allocated for common use with land allocated for management, for which a Certificate of Land Use Rights and Ownership of Assets Attached to Land shall be issued for the portion of land used according to the land allocation or land lease decision of the competent state authority;

c) Land leased or subleased from land users, except for land leased or subleased from investors undertaking infrastructure construction business, in accordance with an investment project approved by the competent authority;

d) Contracted land, except for land whose land use rights are recognized under point a, clause 2, Article 181 of this Law;

đ) Land that has a land recovery decision from the competent state authority, except for cases where more than 03 years have passed since the time of the land recovery decision without implementation;

e) Land that is currently in dispute, is being seized, or is subject to other measures to ensure judgment enforcement in accordance with the law on civil judgment enforcement; land use rights that are subject to temporary emergency measures according to legal regulations;

g) Organizations that are allocated land by the State without paying land use fees for use for public purposes, not for business purposes.

2. Assets attached to the land shall not be granted a Certificate of land use rights and ownership of assets attached to the land in the following cases:

a) Assets attached to the land where the land plot with such assets falls under the cases of not granting a Certificate of land use rights and ownership of assets attached to the land as stipulated in Clause 1 of this Article or does not meet the conditions for granting a Certificate of land use rights and ownership of assets attached to the land;

b) Houses or constructions built temporarily during the construction of the main works or temporarily built with materials such as straw, bamboo, reeds, leaves, or soil; auxiliary constructions located outside the scope of the main constructions and serving the management, use, and operation of the main constructions;

c) Assets attached to land that have a notice or decision of clearance or have a land recovery decision from a competent state agency, except in cases where more than 3 years have passed since the time of these notices or decisions without implementation;

d) Houses and works built after the announcement of construction prohibition; construction encroaching on or occupying boundary markers protecting technical infrastructure works, ranked historical - cultural relics; assets attached to land established after the time the planning was approved by the competent authority, if such established assets do not conform to the approved planning at the time of issuance of the Land Use Right Certificate, ownership of assets attached to land, except in cases where the owner of the house or construction works that are not houses under the provisions of Articles 148 and 149 of this Law holds a valid construction permit in accordance with construction law;

d) Assets owned by the State, except in cases where the assets have been determined as the State's capital contribution to enterprises according to the guidance of the Ministry of Finance;

e) Assets attached to the land that are not covered by the provisions of Articles 148 and 149 of this Law.

Article 152. Correction, withdrawal, and cancellation of issued certificates

1. The competent authority that issues the Certificate of Land Use Rights and Ownership of Properties Attached to Land as prescribed in Article 136 of this Law is responsible for correcting issued certificates that contain errors in the following cases:

a) There is incorrect information of the certificate holder compared to the information at the time of correction;

b) There is incorrect information about the land parcel or the property attached to the land compared to the land registration declaration file, the properties attached to the land that have been checked and confirmed by the land registration organization, or as stated in a valid document of the competent state authority on resolving land disputes.

2. The State shall withdraw issued certificates in the following cases:

a) The state recovers the entire land area recorded in the Land Use Rights Certificate, the Certificate of Ownership of Houses and Land Use Rights, the Certificate of House Ownership, the Certificate of Ownership of Construction Works, the Certificate of Land Use Rights, Ownership of Houses and Other Assets Attached to the Land, the Certificate of Land Use Rights, Ownership of Assets Attached to the Land already issued;

b) Reissue the Land Use Rights Certificate, the Certificate of Ownership of Houses and Land Use Rights, the Certificate of House Ownership, the Certificate of Ownership of Construction Works, the Certificate of Land Use Rights, Ownership of Houses and Other Assets Attached to the Land, the Certificate of Land Use Rights, Ownership of Assets Attached to the Land already issued;

c) Land users, owners of assets attached to the land, register changes in land, assets attached to the land when a new Certificate of land use rights, ownership of assets attached to the land must be issued;

d) Certificates that have been issued inappropriately, not according to the competent authority, not matching the land user, incorrect land area, not meeting the conditions for issuance, not according to the purpose of land use or land use term or land use origin according to the provisions of land law at the time of certificate issuance;

đ) Certificates that have been issued are annulled by a competent Court;

e) In cases of auction, allocation of land use rights, assets attached to the land at the request of the Court, the enforcement agency, when the obligated person does not submit the issued certificate.

3. The revocation of the issued certificate for cases specified in point d, clause 2 of this Article that do not fall under clause 4 of this Article shall be carried out according to the following regulations:

a) In the case that a competent court resolving land disputes has a judgment or decision with legal effect, which includes a conclusion on the revocation of the issued certificate, the revocation of the issued certificate shall be carried out in accordance with that judgment or decision;

b) In the case that the inspection agency issues a written conclusion that the issued certificate is not in accordance with the provisions of the land law, the competent state agency is responsible for reviewing it, and if the conclusion is correct, it shall decide to revoke the issued certificate; in the case of review, if it is determined that the issued certificate complies with the law, it must notify the inspection agency again;

c) In the case where the competent authority issuing the Certificate of land use rights and ownership of assets attached to land as prescribed in Article 136 of this Law discovers that a certificate has been issued not in accordance with land law, it shall re-examine, notify the land user of the reasons, and decide to revoke the incorrectly issued certificate;

d) In the case where the land user or the owner of assets attached to land discovers that a certificate has been issued not in accordance with land law, they shall submit a written recommendation to the competent authority issuing the Certificate of land use rights and ownership of assets attached to land. The competent authority issuing the Certificate of land use rights and ownership of assets attached to land is responsible for checking, reviewing, and deciding to revoke the certificate issued not in accordance with the provisions of land law;

d) The authority competent to revoke the issued certificate as prescribed in points a, b, c, and d of this clause is the authority competent to grant the Certificate of Land Use Rights and Ownership of Assets Attached to Land as prescribed in Article 136 of this Law.

4. The authority competent to grant the Certificate of Land Use Rights and Ownership of Assets Attached to Land as prescribed in Article 136 of this Law shall not revoke the issued certificate in the cases prescribed in point d, clause 2 of this Article if the certificate holder has transferred the land use rights and ownership of assets attached to the land in accordance with the provisions of the land law. The handling of damages due to the issuance of the certificate under this clause shall be carried out according to the judgment or decision of the Court. Persons who commit violations shall be handled in accordance with the provisions of Articles 239 and 240 of this Law and other relevant legal regulations.

5. The revocation of the Certificate of Land Use Rights, Certificate of Ownership of Houses and Land Use Rights, Certificate of Ownership of Houses, Certificate of Ownership of Construction Works, Certificate of Land Use Rights, Ownership of Houses, and Other Assets Attached to Land, as well as the Certificate of Land Use Rights, Ownership of Assets Attached to Land that has been issued, which does not fall under the case specified in Clause 2 of this Article, may only be carried out when there is a court judgment or decision that has been enforced, or a recommendation document from the enforcement agency regarding the enforcement of the judgment or decision in accordance with the law, which contains the content requesting the revocation of the issued certificate.

6. In cases of revoking a certificate already issued according to the provisions in Clause 2 and Clause 5 of this Article, if the land user or the owner of assets attached to the land does not submit the issued certificate, the competent authority to grant the Certificate of Land Use Rights and Ownership of Assets Attached to Land as prescribed in Article 136 of this Law shall decide to annul the issued certificate.

7. The competent authority to grant the Certificate of Land Use Rights and Ownership of Assets Attached to Land as prescribed in Article 136 of this Law shall carry out the issuance of certificates in accordance with the provisions of law after revoking the issued certificate.

Chapter XI. FINANCE RELATED TO LAND, LAND PRICES

Section 1. LAND FINANCE

Article 153. Budget revenues from land

1. Budget revenues from land include:

a) Land use fees;

b) Land rental fees;

c) Revenues from administrative penalty for violations of land regulations;

d) Compensation to the State when causing damage in the management and use of land;

d) Additional land use fees, additional land rental fees for projects that do not put land into use or are delayed in use;

e) Land use tax;

g) Income tax from the transfer of land use rights;

h) Fees and charges in land management and use;

i) Other revenues as prescribed by law.

2. Annual land rental fees are applied stably for a 5-year cycle from the time the State decides to lease the land, allowing the change of land use purpose associated with the transition to the form of the State leasing land with annual rental payments.

Land rental fees for the next cycle are calculated based on the land price table of the year determining the next land rental fees. In case the land rental fees increase compared to the previous cycle, the payable land rental fees shall be adjusted but not exceed the rate prescribed by the Government for each period.

The adjustment rate stipulated by the Government for each period shall not exceed the total national annual consumer price index (CPI) of the previous 5-year period.

3. The Government shall provide detailed regulations on points a, b, c, d, đ of clause 1 and clause 2 of this Article.

Article 154. Revenues from public land-related services

1. Services providing information and data on land.

2. Land surveying services.

3. Land registration services, issuance of Certificates of land use rights, and ownership of assets attached to land.

4. Services consulting on land price determination.

5. Other services as prescribed by law.

Article 155. Basis for calculating land use fees and land rental fees; timing for land valuation, timing for calculating land use fees and land rental fees

1. The basis for calculating land use fees includes:

a) The area of land allocated, converted for purpose, or recognized for land use rights;

b) Land price as prescribed in Articles 159 and 160 of this Law; in the case of auctioning the land use rights, the land price is the winning auction price;

c) State policies on exemption and reduction of land use fees.

2. Bases for calculating land lease fees include:

a) Area of leased land;

b) Land lease term, land use extension term;

c) Land lease unit price; in the case of auctioning the land lease, the land lease price is the winning auction price;

d) Form of state leasing of land, either annual land lease payment or one-time payment for the entire lease term;

e) State policies on exemption and reduction of land lease fees.

3. The time of land valuation, the time of calculating land use fees, and land lease fees are prescribed as follows:

a) In the case where the State allocates land, leases land, allows the change of land use purpose, extends land use, adjusts the land use term, or changes the form of land use, it is the time when the State issues the decision to allocate land, lease land, allow the change of land use purpose, extend land use, adjust the land use term, or change the form of land use, except for the case specified in Clause 7, Article 124 of this Law;

b) In the case of recognizing land use rights, it is the time when the land user, owner of assets attached to the land, or the representative of the land user or asset owner submits a complete and valid dossier as prescribed by law;

c) In the case where the competent state authority adjusts the decision on land allocation or lease that changes the area, land use purpose, or land use term, the point in time is when the competent state authority adjusts the decision on land allocation or lease;

d) In the case where the competent state authority decides to adjust the detailed planning in accordance with the provisions of the law on construction and must re-determine the land price, the point in time is when the competent state authority decides to adjust the detailed planning.

4. In the case of applying land prices in the land price table to calculate land use fees or land lease fees, the competent People's Committee must record the land price in the decision on land allocation, land lease, permission to change land use purpose, extension of land use, adjustment of land use term, or change in the form of land use.

For cases of determining the specific land price to calculate land use fees and land lease fees, the competent People's Committee must issue a land price decision within 180 days from the time of land valuation specified in points a, c, and d of Clause 3 of this Article.

5. The government shall provide detailed regulations on this Article.

Article 156. Payment of land use fees, land lease fees when changing land use purpose, extending land use duration, adjusting land use term

1. When changing the land use purpose as specified in points b, c, d, dd, e, and g of Clause 1, Article 121 of this Law, the land user must pay land use fees and land lease fees as follows:

a) Pay land use fees and land lease fees in a lump sum for the entire lease period based on the difference between the land use fees and land lease fees of the land type after changing the land use purpose and the land use fees and land lease fees of the land type before changing the land use purpose for the remaining land use period;

b) Pay annual land rental fees according to the type of land after changing the land use purpose.

2. When granted an extension of land use or adjustment of land use term, if the land user belongs to the subjects required to pay land use fees and land rental fees, they must pay land use fees and land rental fees for the extended or adjusted period.

3. The government shall provide detailed regulations on this Article.

Article 157. Exemption and reduction of land use fees and land rental fees

1. The exemption and reduction of land use fees and land rental fees are implemented in the following cases:

a) Using land for production and business purposes in sectors entitled to investment incentives or in investment incentive areas under investment law and relevant laws, except for using land to build commercial houses or for commercial and service purposes;

b) Use land to implement housing policies, residential land for people with meritorious services to the revolution, wounded or sick soldiers unable to work, households of martyrs who no longer have a primary earner, poor people; use land for projects to invest in building social housing, workers' dormitories in industrial zones, housing for the People's Armed Forces, renovation and reconstruction of apartment buildings in accordance with the law on housing; residential land for people who need to be relocated when the State recovers land due to life-threatening risks; residential land for the subjects specified in points a and b, Clause 3, Article 124 of this Law, who are working in border communes, islands, or island districts without a commune-level administrative unit in regions with difficult socio-economic conditions, or regions with particularly difficult socio-economic conditions.

c) Ethnic minority people using land are exempt from or reduced in land use fees and land rent in accordance with Government regulations;

d) The use of land by public service units in accordance with point c, clause 3, Article 120 of this Law;

Amended and supplemented provisions:

đ) Using land to construct the infrastructure of airports and airfields; land to build facilities and works providing aviation services; land for parking lots, maintenance workshops serving public passenger transport activities; land to build above-ground structures serving the operation and exploitation of underground works;

e) Using land to construct specialized railway infrastructure; land to build railway industrial works; land to build other auxiliary works directly serving train operation, passenger reception and departure, and cargo loading and unloading of the railway;

g) Using land to implement investment projects under the public-private partnership model;

h) Using land as a base for building headquarters, drying yards, warehouses, production workshops; constructing service facilities directly serving agricultural, forestry, aquaculture production, and salt production of cooperatives and cooperative unions;

i) Using land to construct clean water supply and drainage works, and wastewater treatment in urban and rural areas;

k) Using land that is not defense or security land for defense and security purposes of military and police enterprises;

l) Allocating residential land to households and individuals when the State recovers land attached to housing and they have to relocate but do not meet the conditions for compensation for residential land and have no other housing within the administrative unit at the commune level where the land is recovered;

2. The Government shall stipulate other cases eligible for exemption or reduction of land use fees and land lease fees not provided for in Clause 1 of this Article after the approval of the Standing Committee of the National Assembly.

3. In the case of exemption from land use fees and land rent, it is not necessary to carry out procedures to determine land prices or calculate the exempted land use fees and land rent. Land users who are exempt from land use fees and land rent are not required to carry out procedures to request exemption from land use fees and land rent.

4. The Government shall provide detailed regulations on this Article.

Section 2. LAND PRICES

Article 158. Principles, basis, and methods of land valuation

1. Land valuation must ensure the following principles:

a) Land valuation method according to the market principle;

b) Strict compliance with the methods, sequence, and procedures for land valuation;

c) Ensuring honesty, objectivity, publicity, and transparency;

d) Ensure the independence between the land valuation consultancy organization, the Land Price Appraisal Council, the Specific Land Price Appraisal Council, and the authority or person authorized to decide the land price;

de) Ensure the harmonization of interests among the State, land users, and investors.

2. Bases for land valuation include:

a) The purpose of land use for which the valuation is conducted;

b) The land use term. For agricultural land that has been allocated by the State to households or individuals according to the agricultural land allocation quota, and agricultural land within the quota for transfer rights, the valuation shall not be based on the land use term;

c) Input information for land valuation according to land valuation methods;

d) Other factors affecting land price;

de) Relevant legal provisions at the time of land valuation.

3. Input information for land valuation according to land valuation methods specified in point c, clause 2 of this Article includes:

a) Land prices recorded in the national land database, the national price database;

b) Land prices recorded in land use rights transfer contracts; land prices won at land use rights auctions after fulfilling financial obligations;

c) Land prices collected through surveys and investigations in cases where there is no land price information as prescribed in points a and b of this clause;

d) Information on revenue, costs, and income from land use.

4. The input land price information stipulated in points a, b, and c of clause 3 of this Article is information formed within 24 months from the time of land valuation prescribed in clause 2 of Article 91 and clause 3 of Article 155 of this Law.

The use of information collected as regulated in this clause prioritizes the use of information closest to the time of land valuation.

5. The methods of land valuation include:

a) The comparison method is carried out by adjusting the prices of land plots with the same land use purpose, with certain similarities in the factors affecting the land price that has been transferred on the market, that has won the land use right auction, and for which the auction winner has fulfilled the financial obligations according to the auction-winning decision, through analyzing and comparing the factors affecting the land price after deducting the value of assets attached to the land (if any) to determine the price of the land plot to be valued;

b) The income approach is carried out by taking the average annual net income per unit of land area and dividing it by the average savings interest rate for 12-month VND deposits at commercial banks in which the State holds more than 50% of the charter capital or total voting shares in the province for three consecutive years up to the end of the most recent quarter for which data is available prior to the land valuation date;

Amended Clause

c) The residual method is carried out by taking the estimated total development revenue minus the estimated total development costs of the land plot or land area based on the use of land with the highest efficiency (land use coefficient, building density, maximum building height) according to the land use plan and detailed construction plan approved by the competent authority;

d) The land price adjustment coefficient method is implemented by taking the land price in the land price table and multiplying it by the land price adjustment coefficient. The land price adjustment coefficient is determined by comparing the land price in the land price table with the market land price;

d) The government regulates other land valuation methods that are not yet specified in points a, b, c, and d of this clause after obtaining the consent of the Standing Committee of the National Assembly.

6. Cases and conditions for applying land valuation methods are specified as follows:

a) The comparison method is applied to valuate in cases where there are at least 03 plots of land with the same land use purpose, having certain similarities in factors affecting the transferred land price on the market, winning the auction of land use rights where the successful bidder has fulfilled financial obligations according to the auction decision;

b) The income approach is applied to value cases of land plots, agricultural land areas, non-agricultural land that is not residential, where the land plot or land area to be valued does not meet the conditions for applying the comparative approach but the income and expenses from land use according to the land use purpose can be determined for valuation;

c) The residual method is applied to value cases of land plots or land areas for investment projects where the conditions for applying the comparative method or income method are not met, but the total development revenue and total development costs of the project can be estimated;

d) The land price adjustment coefficient method is applied to determine specific compensation amounts when the State recovers land in cases of multiple contiguous land plots, having the same purpose of use and having their land prices already prescribed in the land price list, but not eligible to apply the comparison method.

7. Land valuation methods specified in Clause 5 of this Article are used to determine specific land prices and to construct the land price list.

8. In cases where the land valuation methods at points a, b, and d of Clause 5 of this Article are applied to determine a specific land price resulting in a value lower than the land price in the land price list, the land price in the land price list shall be used.

9. The selection of the land valuation method is proposed by the organization conducting the land valuation and decided by the specific land price appraisal council.

10. The Government shall provide detailed regulations for this Article.

Article 159. Land Price List

1. The land price list is applied in the following cases:

a) Calculate land use fees when the State recognizes the land use rights of households and individuals; change the land use purpose of households and individuals;

b) Calculate land rent when the State leases land and collects annual land rent;

c) Calculate land use tax;

d) Calculate income tax from the transfer of land use rights for households and individuals;

e) Calculate fees in the management and use of land;

f) Calculate fines for administrative violations in the field of land;

g) Calculate compensation money to the State when causing damage in the management and use of land;

h) Calculate land use fees and land rent when the State recognizes land use rights in the form of land allocation with land use fees, leasing land with one-time rent payment for the entire lease term for households and individuals;

Amended Clause

i) Calculate the starting price for the auction of land use rights when the State allocates land or leases land for cases where the land plot or land area has been invested in technical infrastructure according to the detailed construction plan;

k) Calculate land use fees in cases of land allocation without auctioning land use rights to households or individuals;

l) Calculate land use fees in cases of selling state-owned housing to current tenants.

2. The land price table is constructed according to area and location. For areas with cadastral maps and land price databases, the land price table is constructed down to each land plot based on value zones and standard land plots.

3. The provincial-level People's Committee shall develop and submit to the corresponding-level People's Council a decision on the initial land price table for publication and application from January 01, 2026. Annually, the provincial-level People's Committee is responsible for submitting to the provincial People's Council a decision to adjust, amend, and supplement the land price table for publication and application from January 01 of the following year.

In case it is necessary to adjust, amend, and supplement the land price table during the year, the provincial-level People's Committee is responsible for submitting it to the provincial People's Council for a decision.

The provincial land management authority is responsible for assisting the provincial-level People's Committee in organizing the development, adjustment, amendment, and supplementation of the land price table. During implementation, the provincial land management authority may hire consulting organizations to determine land prices in order to develop, adjust, amend, and supplement the land price table.

4. The Government shall provide detailed regulations on this Article.

Article 160. Specific land prices

1. Specific land prices are applied in the following cases:

a) Calculating land use fees for organizations when the State allocates land with land use fees without auctioning the land use rights, without bidding to select investors to implement projects using land, allocates land with land use fees to winning investors or economic organizations established by winning investors to implement projects using land, recognizes land use rights, permits land use conversion that requires payment of land use fees;

b) Calculating land rent when the State leases land with a one-time payment for the entire lease term, except in cases through land use rights auctions;

c) Calculating the value of land use rights during the equitization of state-owned enterprises according to the provisions of the law on equitization;

d) Determine the starting price for land use rights auctions when the State allocates or leases land, except in cases specified in point i, clause 1, Article 159 of this Law;

d) Calculate land use fees and land lease fees when extending land use, adjusting land use duration, adjusting detailed construction planning; allow for the change of land use form;

e) Calculate compensation when the State recovers land.

2. The authority to decide specific land prices is regulated as follows:

a) The Chairman of the Provincial People's Committee decides the specific land price in cases of land allocation, land lease, permission to change the purpose of land use, recognition of land use rights, extension of land use, adjustment of land use term, adjustment of detailed construction planning, land recovery, determination of the starting price for land use rights auction, and determination of the value of land use rights during the equitization of enterprises under the authority of the Provincial People's Committee according to the provisions of this Law;

b) The Chairman of the District-level People's Committee decides the specific land price in cases of land allocation, land lease, permission to change land use purposes, recognition of land use rights, land use extension, adjustment of land use term, adjustment of detailed construction planning, land recovery, and determination of starting bid prices for land use rights auctions under the authority of the district-level People's Committee according to the provisions of this Law.

3. The agency in charge of land management is responsible for assisting the Chairman of the People's Committee at the same level in organizing the determination of specific land prices. During implementation, the agency in charge of land management may hire a consultancy organization to determine land prices to set the specific land price.

4. For areas that already have a land price table for each parcel of land based on the value region and standard plot, the specific land price is determined according to the land price table at the time of land valuation.

5. The government shall provide detailed regulations on this Article.

Article 161. Land price appraisal council, specific land price appraisal council

1. The provincial People's Committee decides to establish the land price appraisal council, including the Chairman of the provincial People's Committee or one Vice Chairman of the provincial People's Committee as the Chairman of the Council, the head of the provincial financial agency as the Vice Chairman of the Council, members of the provincial People's Committee who are heads of provincial specialized agencies; Chairmen of district People's Committees; representatives of related agencies and organizations, land price appraisal consulting organizations, and experts.

2. The provincial-level People's Committee decides to establish the provincial-specific land price appraisal council, including the Chairman of the provincial People's Committee or one Vice Chairman of the provincial People's Committee as the Chairman of the Council; the Head of the provincial financial agency as the Vice Chairman of the Council; the Chairpersons of the district and commune People's Committees where the land is located, and representatives of relevant agencies and organizations. The provincial People's Committee may invite representatives of organizations providing land price appraisal consultancy or land price experts to participate as members of the Council.

3. The district-level People's Committee decides to establish the District-specific Land Price Appraisal Council, which includes the Chairman of the district-level People's Committee or one Vice Chairman of the district-level People's Committee serving as the Chairman of the Council; the head of the district-level financial agency serving as Vice Chairman of the Council; leaders of relevant departments and organizations; and the Chairman of the Communal People's Committee where the land is located. The district-level People's Committee may invite representatives of land valuation consulting organizations or land valuation experts to participate as members of the Council.

4. The Land Price Appraisal Council, as well as the Provincial and District-level Specific Land Price Appraisal Councils, decide to establish a Working Group to assist the Council and may hire land valuation consulting organizations to provide consultation for appraising the land price table and specific land prices.

5. The appraisal content of the Land Price Appraisal Council and the Specific Land Price Appraisal Council includes compliance with principles, land valuation methods, procedures, land valuation processes, and the results of collected information.

6. The Land Price Appraisal Council and the Specific Land Price Appraisal Council at the provincial and district levels are responsible for the appraisal content specified in Clause 5 of this Article.

The council works independently, objectively, according to a collective regime, deciding by majority; the Chairman and the members are personally responsible for their opinions. Council meetings must have minutes recording all discussed opinions, voting results, and be stored along with the documents serving the meeting and written opinions of the council members.

The land price appraisal council and the specific land price appraisal council must invite representatives of the Vietnam Fatherland Front Committee at the same level and other socio-political organizations to attend the land price appraisal meetings.

Article 162. Rights and obligations of the land price determination consulting organization

1. The land price determination consulting organization has the following rights:

a) To be provided with land price determination consulting services;

b) To request that the consulting client, agencies, organizations, and related individuals provide information and documents to serve the land price determination in accordance with the law;

c) Other rights as prescribed by law.

2. Organizations providing land valuation consultancy services have the following obligations:

a) Comply with the principles, grounds, methods, and procedures for land valuation as prescribed by this Law and other relevant legal regulations;

b) Must be independent, objective, and honest in land valuation consultancy activities;

c) Ensure compliance with professional ethics of the valuers belonging to their organization;

d) Be responsible for the professional expertise in land valuation consultancy and land appraisal consultancy conducted by themselves;

e) Conduct land valuation consultancy in accordance with this Law and other relevant legal regulations;

f) Be subject to inspection and supervision by competent state authorities; report the results of land valuation consultancy upon request to the provincial land management authority where the head office is registered or where the land valuation consultancy is conducted;

g) Register the list of land appraisers and any changes or additions to the list of land appraisers with the provincial land management authority where the head office is registered;

h) Be responsible for consulting on determining and appraising land price tables and specific land prices; appoint representatives to participate in the Land Price Appraisal Council and the Specific Land Price Appraisal Council when requested by competent state agencies;

i) Store records and documents regarding the results of land price determination consultancy;

k) Other obligations according to legal regulations.

3. An organization is allowed to operate land price determination consultancy when meeting the following conditions:

a) The organization is registered to conduct land price determination service business or appraisal service business; a public service unit with the function of conducting land price determination service business or appraisal service business;

b) There are at least 03 qualified appraisers licensed to practice land valuation consultancy or 03 valuation experts on land price as prescribed by the Government.

Chapter XII. NATIONAL LAND INFORMATION SYSTEM AND NATIONAL LAND DATABASE

Article 163. National land information system

1. The national land information system is built in a centralized and unified manner from the central to the local level, synchronized, multi-purpose, and interconnected nationwide.

2. The national land information system is built to serve the management of the State over land, administrative reform, and digital transformation in the field of land; to connect and share data with national databases, databases of ministries, sectors, and localities, creating a foundation for the development of e-Government, aiming towards digital Government, digital economy, and digital society.

3. The national land information system includes the following basic components:

a) Information technology technical infrastructure;

b) Software of the national land information system;

c) National land database.

Article 164. Information technology technical infrastructure and software of the national land information system

1. The information technology infrastructure is built at both central and local levels, including a collection of servers, workstations, network connection devices, transmission systems, security and safety devices, storage devices, peripheral devices, and other equipment.

2. The software of the national land information system includes system software, utility software, and application software serving the management, operation, updating, and exploitation of the national land database.

3. The Minister of Natural Resources and Environment shall regulate technical requirements for application software serving the management, operation, updating, and exploitation of the national land database.

Article 165. National land database

1. The national land database includes the following components:

a) Database of legal documents on land;

b) Cadastral database;

c) Database for surveying, assessing, protecting, improving, and restoring land;

d) Database for land use planning and plans;

d) Database of land prices;

e) Database for land statistics and land inventory;

g) Database on inspection, examination, citizen reception, dispute resolution, complaints, and denunciations regarding land;

h) Other databases related to land.

2. The national land database is built synchronously and uniformly according to national standards and norms within the entire country.

3. The Minister of Natural Resources and Environment shall regulate the content, structure, and types of information of the national land database.

Article 166. Management, operation, exploitation, and interconnection with the national land database

1. The national land database must ensure security and safety in accordance with the provisions of law.

2. The national land database is managed centrally and is decentralized according to the management responsibilities of state agencies from the central to the local level.

3. The national land database must be fully, accurately, and timely updated, ensuring consistency with the current status of land management and use.

4. National databases, as well as databases of ministries, sectors, and localities, are connected to the national land database to update, share, exploit, and use information. The interconnection must ensure efficiency, safety, and compliance with functions, tasks, and powers as prescribed by this Law and other relevant legal regulations.

5. The use of information in the national land database is regulated as follows:

a) Data in the national land database has official usage value, equivalent to paper documents provided by the competent authority;

b) The agency managing the national database, the agency managing the databases of Ministries, sectors, localities, state agencies, political organizations, political-social organizations is allowed to exploit information in the national land database within the scope of their functions, tasks, and powers;

c) Land users are allowed to exploit their own information in the national land database;

d) Organizations and individuals not specified in points b and c of this clause who need to exploit information in the national land database must obtain the consent of the agency managing the national land database on land in accordance with the law;

đ) The State creates favorable conditions for organizations and individuals to access and exploit information and data on land in accordance with the law. Organizations and individuals are encouraged to provide feedback, supply, and supplement information to the national land database;

e) The exploitation and use of information and data in the national land database must pay a fee for exploiting and using land documents and the price of providing land information and data services as prescribed;

g) The Minister of Finance shall guide the collection levels, collection regime, payment, management, and use of fees for exploiting and using land documents from the national land information system; the Minister of Natural Resources and Environment shall decide the price of products and additional services using information from the database, land information systems in accordance with the law on pricing.

Article 167. Online public services and electronic transactions on land

1. Online public services on land include administrative land services and other land services provided to organizations and individuals via the online environment as prescribed by law. The provision of online public services on land is regulated as follows:

a) Authorities providing online public services on land must ensure interconnected, convenient, simple, and safe access for agencies, organizations, individuals, and serve the management of state land administration;

b) Forms of state confirmation of the rights and obligations of organizations and individuals using land are carried out on digital dossiers and electronic authentication.

2. Electronic land transactions include land transactions conducted by electronic means. Electronic land transactions are carried out in accordance with the provisions of the law on electronic transactions.

3. The Ministry of Natural Resources and Environment and the provincial People's Committees are responsible for guiding the implementation of providing online public services and electronic land transactions.

Article 168. Ensure funding for the construction, management, operation, maintenance, and upgrading of the national land information system

1. The funding for the construction, management, operation, maintenance, and upgrading of the national land information system is used from the state budget and other sources according to the provisions of the law.

2. The central budget ensures the activities of constructing, managing, operating, maintaining, and upgrading the information technology infrastructure and software of the national land information system; constructing and updating the land database carried out by the central government.

3. Local budgets ensure the activities of management, operation, maintenance, and upgrading of information technology infrastructure and software, as well as the construction and updating of land databases carried out by the localities.

4. The State encourages organizations and individuals with sufficient capacity conditions to participate in investment, construction, and provision of services for information technology infrastructure systems; provide utility software and application software for the development of the national land database and the exploitation of national land information and data; develop the national land database and provide value-added services from the national land database.

Article 169. Ensuring the safety and confidentiality of land information and data

1. The national land information system must be ensured for safety according to the provisions of the law on network information security by levels and other relevant legal regulations.

2. The printing, copying, transportation, delivery, data transmission, storage, preservation, provision of information, data, and other activities related to data within the scope of state secrets must comply with the provisions of the law on the protection of state secrets.

3. The list of state secrets concerning land is implemented in accordance with the provisions of the law on the protection of state secrets.

Article 170. Responsibility for building, managing, operating, and exploiting the National Land Information System

1. The Ministry of Natural Resources and Environment has the following responsibilities:

a) Organize the construction of information technology infrastructure at the central level and develop the software of the National Land Information System to ensure that by 2025 the National Land Information System is operational and exploited;

b) Manage, operate, maintain, and upgrade the software of the National Land Information System and information technology infrastructure at the central level;

c) Develop and update regional, nationwide land data and other land-related databases at the central level;

d) Integrate, manage, and exploit the national land database on a nationwide scale;

đ) Connect and share information from the national land database with the national public service portal, information systems, databases of Ministries, sectors, and localities, and provide land information to organizations and individuals in accordance with legal regulations;

e) Implement online public services in the field of land.

2. Relevant Ministries, sectors, and agencies are responsible for connecting and sharing basic survey results and land-related information with the Ministry of Natural Resources and Environment for updating in the national land database.

3. The provincial-level People's Committees have the following responsibilities:

a) Organize the construction, updating, management, and exploitation of the land database within the local area, ensuring connection and integration with the national land database by 2025;

b) Organize management, operation, maintenance, and upgrade, ensuring information technology infrastructure and software at the local level, as well as connection lines from local to central authorities to serve the construction, operation, and updating of the land database locally;

c) Share and provide land information and data within the local area to organizations and individuals in accordance with the law;

d) Implement online public services in the field of land at the local level.

4. The government shall regulate in detail the construction, management, operation, and exploitation of the National Land Information System.

Chapter XIII. LAND USE REGIME

Section 1. DURATION OF LAND USE

Article 171. Land used on a long-term stable basis

1. Residential land.

2. Agricultural land used by a community of people as prescribed in Clause 4, Article 178 of this Law.

3. Special-use forest land; protective forest land; production forest land managed by organizations.

4. Commercial and service land, and non-agricultural production land of individuals that are being used stably and recognized by the State without being land allocated with a term limit or leased by the State.

5. Land for building office headquarters as prescribed in Clause 1, Article 199 of this Law; land for constructing public service works of public service units as prescribed in Clause 2, Article 199 of this Law.

6. National defense and security land.

7. Land for worship.

8. Religious land as prescribed in Clause 2, Article 213 of this Law.

9. Land used for public purposes without business purposes.

10. Cemetery land, funeral homes, cremation facilities; land for storing ashes.

11. Land specified in Clause 3, Article 173 and Clause 2, Article 174 of this Law.

Article 172. Land for temporary use

1. Except for cases specified in Article 171 of this Law, the land use term when the State allocates land, leases land, or recognizes land use rights is stipulated as follows:

a) The term for land allocation and recognition of agricultural land use rights for individuals directly engaging in agricultural production using annual crop land, aquaculture land, salt-making land, long-term crop land, and production forest land that is planted forest within the limit specified in Article 176 of this Law is 50 years. When the land use term expires, the land may continue to be used according to the term stipulated in this point without the need to carry out extension procedures;

b) The lease term for agricultural land for individuals shall not exceed 50 years. When the lease term expires, individuals who have a need may be considered by the State for continued lease, but not exceeding 50 years;

c) The duration of land allocation and land lease for implementing investment projects involving land use shall be considered and decided according to the operational term of the investment project or the application for land allocation or lease, but not exceeding 50 years.

For projects with an operational term of more than 50 years as prescribed by the Investment Law, the duration of land allocation or lease shall follow the term of the project, but not exceeding 70 years.

When the term expires, if the land user has the need to continue using it, the State will consider extending the land use, but not beyond the duration specified in this clause.

In cases where an investment project does not need to be established, the land use term is considered based on the application for land allocation or land lease, but not exceeding 50 years;

d) The lease term for land to build the office of a foreign organization with diplomatic functions shall not exceed 99 years. When the term expires, a foreign organization with diplomatic functions, if it needs to use the land, shall be considered by the State for an extension or for the lease of other land; the extension period or the lease term for other land shall not exceed the term prescribed in this clause.

2. The land allocation and lease terms prescribed in this Article shall be calculated from the date of the land allocation or lease decision of the competent state authority.

3. The extension of land use is carried out in the last year of the land use term, except for the case specified in point a, clause 1 of this Article. Land users who wish to extend land use must submit an application for extension no later than 6 months before the expiration of the land use term. If the deadline to submit the application for extension is missed and the land user does not submit an application for extension, the land use shall not be extended, except in cases of force majeure. In cases where land use is not extended, the competent state authority shall carry out land recovery in accordance with the provisions of this Law.

4. In cases where land use is not extended, the land user is responsible for handling assets attached to the land to return the land to the State. If, after 24 months from the expiration of the land use term, the land user does not handle the assets, the State will recover the land without compensation for the land and assets attached to the land; in cases where demolition is required, the owner of the assets must bear the demolition costs.

5. The government shall provide detailed regulations on this Article.

Article 173. Land use term when changing the purpose of land use

1. The land use term for individuals when changing the purpose of land use is stipulated as follows:

a) In cases of converting special-use forest land or protection forest land to other types of land, the term is determined according to the term of the land type after the purpose of land use has been changed. The land use term is calculated from the time a decision is made allowing the change of land use purpose;

b) In the case of converting annual crop land, perennial crop land, production forest land, aquaculture land, or salt-making land into special-use forest land or protection forest land, the land use term is stable and long-term;

c) In the case of converting the purpose of use among types of agricultural land that are not specified in points a and b of this clause, the individual using the land may continue to use the land according to the term that was allocated or leased;

d) In the case of converting agricultural land to non-agricultural land, the land use term is determined according to the term of the type of land after the conversion of land use purpose. The land use term is calculated from the time the decision permitting the conversion of land use purpose is issued.

2. The land use term when converting the land use purpose to implement an investment project is determined according to point c, clause 1, Article 172 of this Law, except in the case specified in clause 3 of this Article.

3. The land use term in the case of changing the purpose of use from non-agricultural land with long-term stable use to non-agricultural land with a fixed-term use, or from non-agricultural land with a fixed-term use to non-agricultural land with long-term stable use is long-term stable use.

Article 174. Land use term when receiving the transfer of land use rights

1. The land use term when receiving the transfer of land use rights for land with a stipulated term is the remaining land use term of the land use term before receiving the transfer of land use rights. The extension of land use is carried out in accordance with the provisions of Clause 3, Article 172 of this Law.

In the case of receiving the right to use agricultural land within the land allocation limit for individuals directly engaged in agricultural production through land use right transfer or receiving land use rights in a mortgage contract to settle debts, court rulings, decisions of the Court, or decisions on the enforcement of judgments that have been executed, if the land use term expires, the land can continue to be used according to the term specified in Article 172 of this Law without having to go through the procedure for extension.

2. Persons receiving land use rights for land with stable long-term use may use the land stably for the long term.

Article 175. Adjustment of land use term for investment projects

1. The adjustment of land use term for investment projects that use land before the land use term expires must meet the following conditions:

a) Comply with the district-level land use planning;

b) Have a written request for adjusting the land use term of the investment project;

c) Has fulfilled financial obligations regarding land to the State in accordance with the provisions of the law;

d) Does not fall under the cases of land recovery as prescribed in Article 81 of this Law;

đ) Has a written document from the competent authority regarding the adjustment of the investment project in accordance with the law that changes the duration of the investment project;

e) Meets environmental conditions as prescribed by the law on environmental protection.

2. The land use term of the project after adjustment shall not exceed the term prescribed in point c, clause 1, Article 172 of this Law.

Section 2. LAND USE REGIME

Article 176. Agricultural land allocation limit

1. The allocation limit for annual crop land, aquaculture land, and salt production land for individuals directly engaged in agricultural production is prescribed as follows:

a) Not more than 03 hectares for each type of land for provinces and centrally governed cities in the Southeast region and the Mekong Delta region;

b) No more than 02 hectares for each type of land for other provinces and centrally-run cities.

2. The land allocation limit for perennial crops for individuals is no more than 10 hectares for communes, wards, and townships in the plains; no more than 30 hectares for communes, wards, and townships in the midlands and mountainous areas.

3. The land allocation limit for individuals is no more than 30 hectares for each type of land:

a) Protection forest land;

b) Production forest land that is planted forest.

4. Individuals can be allocated multiple types of land among annual crop land, aquaculture land, and salt production land, but the total land allocation limit does not exceed 05 hectares; in the case of being allocated additional perennial crop land, the limit for perennial crop land shall not exceed 05 hectares for communes, wards, and townships in the plains, and not more than 25 hectares for communes, wards, and townships in the midlands and mountainous areas; in the case of being allocated additional production forest land that is planted forest, the land allocation limit for production forest land shall not exceed 25 hectares.

5. The limit on unused land allocation for individuals to put into use according to the planning for agricultural production, forestry, aquaculture, or salt production shall not exceed the land allocation limits specified in Clauses 1, 2, and 3 of this Article and shall not be counted toward the agricultural land allocation limits for individuals specified in Clauses 1, 2, and 3 of this Article.

The provincial People's Committee shall regulate the limits on unused land allocation for individuals to put into use according to the planning and land use plans approved by the competent authority.

6. For the agricultural land area of an individual being used outside the commune, ward, or township where they are registered as permanent residence, the individual is allowed to continue using it. If the land was allocated without land use fees, it will be counted towards the individual's agricultural land allocation limit.

The agency responsible for land management where agricultural land has been allocated without land use fees for individuals sends a notice to the commune-level People's Committee where the individual is registered for permanent residence to calculate the agricultural land allocation limit.

7. The agricultural land area of an individual obtained through transfer, lease, sublease, inheritance, being gifted land use rights, contributing capital with land use rights from others, being contracted, or being leased land by the State shall not be counted within the agricultural land allocation limit prescribed in this Article.

Article 177. Limit of receiving the transfer of agricultural land use rights by individuals

1. The limit on receiving the transfer of agricultural land use rights by an individual shall not exceed 15 times the allocation limit of agricultural land to an individual for each type of land as prescribed in Clauses 1, 2, and 3 of Article 176 of this Law.

2. The determination of the limit on receiving the transfer of agricultural land use rights as prescribed in Clause 1 of this Article must be based on the following factors:

a) Conditions regarding land and production technology;

b) Labor force shifts, economic structure; urbanization process.

3. The provincial People's Committee, based on the provisions in Clauses 1 and 2 of this Article, shall stipulate the limit on receiving the transfer of agricultural land use rights by individuals suitable to the specific conditions of the locality.

Article 178. Agricultural land used by individuals and residential communities

1. Agricultural land used by individuals includes agricultural land allocated, leased, or recognized for land use rights by the State; land leased from other land users; land received through conversion, transfer, inheritance, or gift of land use rights according to the provisions of law.

2. The use of agricultural land allocated to individuals by the State is regulated as follows:

a) Individuals who were allocated land by the State before the effective date of this Law shall continue to use the land in accordance with the provisions of this Law;

b) For localities that have not yet implemented land allocation to individuals according to the provisions of land law, the People's Committee at the commune level where the land is located shall prepare a land allocation plan and propose to the People's Committee at the district level to decide on the land allocation;

c) For localities where the People's Committees at all levels have guided households and individuals to negotiate land adjustments among themselves during the implementation of land policies and laws before October 15, 1993, and are currently using the land stably, they are allowed to continue using it.

3. Agricultural land users are allowed to change the structure of crops and livestock to use the land for multiple purposes according to the provisions of Article 218 of this Law; they are allowed to use a land area as prescribed by the provincial-level People's Committee to construct works directly serving agricultural production. In the case of using land for rice cultivation, it shall be carried out according to the provisions of Article 182 of this Law.

4. Agricultural land used by community populations is governed as follows:

a) Community populations are allocated land by the State, recognized with land use rights to preserve ethnic identity associated with the customs, traditions, and beliefs of the ethnic groups;

b) Residential communities that are allocated land by the State and recognized for land use rights are responsible for protecting the allocated land and are not allowed to transfer it for use for other purposes.

Article 179. Agricultural land fund used for public purposes

1. The agricultural land fund used for public purposes that has been established in accordance with the land law over different periods shall continue to be used to serve local public needs.

2. The agricultural land fund used for public purposes of communes, wards, and townships is used for the following purposes:

a) Construction of cultural, sports, public recreational, healthcare, educational facilities, markets, cemeteries, and other public works invested, managed, and used by the commune-level People's Committees; construction of houses for gratitude, charity, and great unity;

b) Compensation for people whose land is recovered when constructing the works specified in point a of this clause.

3. For land areas not yet used for the purposes specified in Clause 2 of this Article, the commune-level People's Committee shall lease to local individuals for agricultural production or aquaculture through auction. The land use term for each lease shall not exceed 10 years.

4. Agricultural land used for public purposes of the commune, ward, or town shall be managed and used by the commune-level People's Committee where the land is located according to the land use planning and plans approved by the competent authority.

Article 180. Agricultural land used by organizations, overseas Vietnamese, and foreign-invested economic organizations

1. Economic organizations, overseas Vietnamese, and foreign-invested economic organizations that need land for agricultural production, forestry, aquaculture, or salt production shall be considered by the State for land lease to implement investment projects.

2. Economic organizations and public service units that have been allocated land or leased land by the State before this Law takes effect for the purposes of agriculture, forestry, aquaculture, or salt production, except in cases stipulated in Article 181 of this Law, must review the current land use status and develop a land use plan. The content of the land use plan must clearly determine the area, boundaries of use, area of each type of land to be retained for use, land use term, and area of land to be handed over to the local authorities.

The provincial-level People's Committee is responsible for directing the review, approving land use plans; allocating land, leasing land according to the approved land use plans; reclaiming land areas that are unused, used for the wrong purpose, allocated, leased, or borrowed illegally, encroached, or occupied in order to allocate or lease them to organizations or individuals. Land allocation and leasing must give priority to individuals who are ethnic minorities and have no land or lack land for production in the locality.

Article 181. Land managed and used by agricultural and forestry companies

1. The provincial-level People's Committee has the following responsibilities:

a) Organize a review of the current land use of agricultural and forestry companies that are managing and using land originating from farms and forestry enterprises in the area regarding location, management boundaries, land use; land area being used for the correct purpose; land area being used for the wrong purpose; unused land area; land area being allocated, contracted, fully contracted, leased, lent, joint-ventured, partnered, invested cooperatively, encroached, occupied, or under dispute;

b) Organize the preparation, appraisal, and approval of land use plans for agricultural and forestry companies in the locality, including: determining the land area that agricultural and forestry companies can continue to use; land area to be handed over to the local authorities for allocation, leasing, recognition of land use rights for subjects specified in Clause 2 of this Article, and for socio-economic development in accordance with the law;

c) Issuing certificates of land use rights and ownership of assets attached to the land for the area of land that agricultural and forestry companies are allowed to continue using according to the approved plan;

d) Organizing the recovery of land to hand it over to the district-level People's Committee of the area where the land is located for managing the area of land of agricultural and forestry companies that is transferred to the locality not mentioned in point c of this clause;

d) Based on the local demand for land use and the land use situation of agricultural and forestry companies, continue to review and recover the retained land area of agricultural and forestry companies according to the approved land use plan but not directly used, instead leased, lent, contracted out, or fully contracted to others for illegal use, to be managed according to legal regulations, implement land support policies for ethnic minorities as prescribed in Article 16 of this Law, and to develop socio-economic activities.

2. The district-level People's Committee is responsible for organizing the management and use of the land fund transferred to the locality by agricultural and forestry companies for purposes according to the land use planning and plan; formulate a land use plan for the land areas specified in point d and point đ, clause 1 of this Article as follows:

a) Recognize the land use rights for individuals currently using agricultural and forestry land that originates from land allocated, contracted, contractless, leased, or borrowed from state-run farms and forestry farms before February 1, 2015, under the form of the State allocating land without collecting land use fees for the area of land currently in use but not exceeding the agricultural land allocation limit for individuals as prescribed in Article 176 of this Law, with the land use term calculated from the date of issuance of the Certificate of Land Use Rights and Ownership of Assets Attached to the Land; the portion exceeding the limit (if any) shall be prioritized for allocation to entities as stipulated in points c, d, and đ of this clause or must be converted to leased land;

b) Recognizing the land use rights for individuals who are currently using the land and have documents from state-owned agricultural or forestry farms regarding the allocation of land for residential purposes or for residential purposes combined with agricultural or forestry production before July 1, 2004, shall be granted a Certificate of land use rights and ownership of assets attached to the land in accordance with the provisions of Clause 2, Article 137 of this Law;

c) Allocate land, lease land to implement land policies for ethnic minorities, people with meritorious services to the revolution, and households classified as poor in the locality who do not have land or lack land for production;

d) Allocate land, lease land to individuals in the locality who do not have land or lack land for production;

dd) Allocate land, lease land for use for public purposes and other purposes as prescribed by law;

e) Allocate land areas not yet implemented according to the provisions at points a, b, c, d, and dd of this clause to the communal People's Committee for management.

3. The government shall provide detailed regulations on this Article.

Article 182. Rice-growing land

1. Rice-growing land includes specialized rice-growing land and remaining rice-growing land. Specialized rice-growing land is land that has been planted with rice for 2 crops or more.

2. The State has policies to support and invest in building infrastructure, applying modern science and technology to areas planned for high-yield, high-quality rice cultivation; protecting rice-growing land, and limiting the conversion of rice land for non-agricultural purposes.

3. Users of rice-growing land are responsible for improving and increasing soil fertility; they shall not convert the land for other purposes without permission from the competent state authority.

4. Those who are assigned or leased land by the State for non-agricultural purposes from land specialized in rice cultivation must comply with the following regulations:

a) Have a plan for using the topsoil layer in accordance with the laws on crop cultivation;

b) Pay an amount as prescribed by law for the State to supplement the area of land specialized for rice cultivation that is lost or to increase the efficiency of rice land use, except for projects using public investment capital or state capital outside of public investment as prescribed by the law on public investment and the law on construction;

c) Comply with environmental protection regulations; not affect the cultivation of adjacent rice land.

5. Rice land users are allowed to change the structure of crops and livestock on rice land but must not eliminate the necessary conditions to restore rice cultivation according to the law on crop production; they are allowed to use part of the land area to build works directly serving agricultural production.

6. The Government shall regulate the details of this Article.

Article 183. Concentrated livestock land

1. Concentrated livestock land is land for building livestock farms in separate areas as prescribed by livestock regulations.

2. The use of land for concentrated livestock farming must comply with the following regulations:

a) Implement environmental protection measures, waste management, and other measures so as not to affect land users in the area and surrounding areas;

b) In case of using land for concentrated livestock farming that involves the construction of works attached to the land, it must comply with the provisions of investment law and construction law.

3. Economic organizations and individuals that are allocated land, leased land by the State, or receive land use rights transfers, leases, or capital contributions through land use rights to implement concentrated livestock farming investment projects.

4. Overseas Vietnamese, economic organizations with foreign investment capital are allowed by the State to lease land or receive capital contributions through the land use rights of economic organizations in accordance with the law to implement concentrated livestock farming projects.

Article 184. Production forest land

1. The State allocates production forest land without land use fees to the following subjects:

a) Individuals directly engaged in agricultural production who are permanent residents in the commune where the production forest land is located, for the area within the land allocation limit as stipulated in point b, clause 3, Article 176 of this Law; for the portion of production forest land that exceeds the land allocation limit, they must switch to leasing the land;

b) Community residents in the commune where the production forest land is located who have the need and capacity to protect and develop the forest;

c) Units of the people's armed forces stationed in the commune where the production forest land is located, who have the need and capacity to protect and develop the forest;

d) Management boards of special-use forests and protection forests for the areas of production forest interspersed within special-use forest land or protection forest land.

2. The State allows economic organizations, enterprises belonging to the people's armed forces, and individuals to lease production forest land according to the provisions of this Law.

3. Persons leased production forest land that is natural forest by the State are not allowed to transfer, sublease, mortgage, or contribute capital through land use rights and lease rights in the annual land lease contract.

4. The subjects specified in Clause 1 and Clause 2 of this Article are allowed to build infrastructure works to serve forest protection and development in accordance with the provisions of forestry law.

5. The State leases production forest land to foreign-invested economic organizations to implement production forest planting projects.

Article 185. Protection Forest Land

1. The State allocates protection forest land for management, use, protection, and development of forests in accordance with the provisions of forestry law to the following subjects:

a) Management boards of protection forests, management boards of special-use forests, units belonging to the people's armed forces;

b) Economic organizations for protection forest land interspersed within the production forest land area of that organization;

c) Individuals legally residing in the commune-level area where the protection forest is located;

d) Community residents in the commune-level area where the protection forest is located.

2. The objects assigned protection forest land by the State as prescribed in Clause 1 of this Article shall construct infrastructure works to serve the management, protection, and development of the forest in accordance with the provisions of forestry law.

3. Persons assigned land by the State as prescribed in Clause 1 of this Article shall be granted a Certificate of land use rights and ownership of assets attached to the land but shall not have the assets recorded as public property on the Certificate of land use rights and ownership of assets attached to the land.

4. The person granted the Certificate of Land Use Rights and Ownership of Assets Attached to Land specified in Clause 3 of this Article, except in the case of the management board of protective forests or special-use forests, shall exercise the rights of the land user and must ensure compliance with the provisions of Clause 8, Article 45 of this Law.

Article 186. Special-use forest land

1. The State allocates special-use forest land for the management, use, protection, and development of forests in accordance with the forestry law to the following subjects:

a) The management board of special-use forests;

b) Scientific and technological organizations, vocational training and education in forestry;

c) The management board of protective forests, economic organizations, units under the People's Armed Forces;

d) Resident communities in the commune where the special-use forest is located.

2. Based on specific conditions, the management board of the special-use forest shall coordinate with the local authorities to prepare a resettlement and relocation project and submit it to the competent authority for approval in order to relocate people out of the strictly protected zones of the special-use forest.

3. Subjects who are assigned special-use forest land by the State as stipulated in Clause 1 of this Article shall construct infrastructure works to serve the management, protection, and development of the forest in accordance with the provisions of forestry law.

4. Persons assigned land by the State as stipulated in Clause 1 of this Article shall be issued a Certificate of land use rights and ownership of assets attached to the land but may not have any assets recognized as public property recorded on the Certificate of land use rights and ownership of assets attached to the land.

Article 187. Land for salt production

1. Land for salt production is allocated by the State to individuals within the land allocation limits prescribed in Article 176 of this Law at the local level for salt production. In case a land user exceeds the land allocation limit, the portion exceeding the limit must be converted to leased land.

Land for salt production is leased by the State to economic organizations, overseas Vietnamese, and foreign-invested economic organizations to implement salt production investment projects.

2. Salt production areas with high productivity and quality must be protected and prioritized for salt production.

3. The state encourages the use of land suitable for salt production to produce salt to meet industrial and living needs.

Article 188. Land with water surfaces such as ponds, lakes, and lagoons

1. Land with water surfaces such as ponds, lakes, and lagoons is allocated by the state within the permitted limit to individuals for the purpose of aquaculture and agricultural production.

Land with water surfaces such as ponds, lakes, and lagoons is leased by the State to economic organizations, individuals, overseas Vietnamese, and foreign-invested economic organizations to carry out aquaculture investment projects, agricultural production, or agriculture combined with non-agricultural purposes.

The use of the land must ensure landscape preservation, environmental protection, and water resource conservation.

2. For land with water surfaces such as lakes and lagoons that belong to the area of multiple communes, wards, or towns, the use is decided by the district-level People's Committee. For lakes and lagoons belonging to the area of multiple districts, urban districts, towns, or provincial cities under the management of municipalities centrally governed, the use is decided by the provincial-level People's Committee.

3. Economic organizations, individuals, Vietnamese people residing abroad, and economic organizations with foreign investment that are allocated land or leased land by the State for filling or digging ponds or reservoirs to create water storage spaces and landscapes must obtain permission from the competent state authorities and must conduct environmental impact assessments in accordance with the laws on environmental protection.

Article 189. Land with coastal water surfaces

1. Land with coastal water surfaces can be allocated or leased by the State to economic organizations, individuals, Vietnamese people residing abroad, and economic organizations with foreign investment for purposes in accordance with the provisions of this Law.

2. The use of land with coastal water surfaces must comply with the following regulations:

a) Conforming to planning and land-use plans approved by competent authorities;

b) Protecting the land and increasing coastal land accretion;

c) Protecting ecosystems, the environment, and the landscape;

d) Do not obstruct the protection of national security and maritime traffic;

de) Protect the water quality of coastal areas; do not cause salinization of underground aquifers.

3. The allocation or lease of land with coastal water surfaces for agricultural or non-agricultural purposes that are not related to land reclamation activities must comply with the land use regimes prescribed by this Law, the provisions of the Law on the Sea of Vietnam, the Law on Marine and Island Resources and Environment, and other relevant laws.

Article 190. Land reclamation activities

1. The State encourages organizations and individuals to use capital, techniques, and technology to carry out land reclamation activities; there are policies to support and offer incentives to investors engaging in land reclamation activities in accordance with legal regulations.

2. Land reclamation activities must comply with the following principles:

a) Ensure national defense, security, sovereignty, sovereign rights, jurisdiction, and national interests at sea; in accordance with the provisions of other relevant laws and international treaties to which the Socialist Republic of Vietnam is a member;

b) Based on a comprehensive assessment of economic, social, and environmental factors, ensuring sustainable development, biodiversity, natural elements, impacts of natural disasters, climate change, and sea level rise;

Amended Clause

c) In accordance with provincial planning or district-level land use planning, or construction or urban planning;

d) Exploit and use marine resources efficiently; ensure a balance of interests between organizations and individuals conducting land reclamation activities and other relevant organizations and individuals; ensure people's and community's access to the sea;

e) Land reclamation activities must be implemented as an investment project or as an item of an investment project in accordance with legal regulations.

3. Land reclamation activities that involve an area falling within one of the following zones may only be conducted when approved by the National Assembly or the Prime Minister, who will decide on the investment policy:

a) Areas protecting historical and cultural relics, scenic spots recognized according to the provisions of the law on cultural heritage;

b) Natural heritage sites as prescribed by the law on environmental protection;

c) National parks, nature reserves, species-habitat conservation areas, landscape protection areas, important wetlands announced according to the provisions of the law on biodiversity and the law on forestry;

d) Marine conservation areas, fisheries resource protection areas, fish ports, storm shelter anchorage areas for fishing vessels according to the provisions of the law on fisheries.

d) Seaport areas, waters in front of piers, turning basins, anchorage areas, transshipment areas, storm avoidance areas, pilot boarding areas, quarantine areas, shipping lanes, waters for constructing other auxiliary works according to maritime law regulations;

e) River mouths and areas that have been planned and used for national defense and security purposes.

4. Sea areas identified for land reclamation activities in approved land use plans and investment projects that have been approved or received investment policy decisions from competent state authorities shall be managed and used for land reclamation activities in the same manner as land onshore.

5. State management responsibilities for land reclamation activities are specified as follows:

Provisions repealed

a) The Ministry of Natural Resources and Environment assists the Government in unifying state management of land reclamation activities; inspects and checks land reclamation activities and manages reclamation areas in accordance with the law;

b) Ministries and ministerial-level agencies, within the scope of their tasks and powers, are responsible for managing and inspecting land reclamation activities; issuing, guiding, and inspecting the implementation of regulations, standards, technical regulations, and economic-technical norms related to land reclamation activities;

c) Provincial-level People's Committees are responsible for managing, allocating land, leasing land for land reclamation, inspecting and checking land reclamation activities, and managing and using reclamation areas in their localities in accordance with the law.

6. The allocation of sea areas for land reclamation activities shall be conducted simultaneously with the allocation or leasing of land for the implementation of investment projects.

7. The Government shall provide detailed regulations on this Article.

Article 191. Alluvial land along rivers and coasts

1. Alluvial land along rivers and coasts includes riverbanks, emergent sandbanks, river islets, coastal alluvial land, and emergent sandbanks or islets in the sea.

2. The management and use of alluvial land along rivers and coasts shall be carried out according to the following provisions:

a) Alluvial land along rivers and coasts within the area of a district, town, or provincial city, or a city under central authority shall be managed by the People's Committee of that district;

b) Alluvial land along rivers and coasts may be allocated or leased by the State to economic organizations, individuals, overseas Vietnamese, or foreign-invested economic organizations.

3. The State is responsible for making planning and land use plans to put alluvial land along rivers and coasts into use.

4. The district-level People's Committee is responsible for investigating, surveying, monitoring, and evaluating the land fund of riverine and coastal alluvial areas that are regularly silted up or frequently eroded, in order to have plans for exploitation and use. The competent state agency considers and decides to allocate land or lease land in riverine and coastal alluvial areas that are regularly silted up or frequently eroded to those in need.

5. The use of land in riverine and coastal alluvial areas is based on the principles of nature conservation, biodiversity preservation, environmental protection, prevention and control of riverbed, bank, and riverbank erosion, and disaster prevention.

Article 192. Consolidation of agricultural land

1. Consolidation of agricultural land is the increase of agricultural land area for production organization through the following methods:

a) Transfer of land use rights according to the plan of land consolidation and plot conversion;

b) Renting land use rights;

c) Cooperating in production and business using land use rights.

2. The consolidation of agricultural land must ensure the following principles:

a) Ensure transparency, openness, voluntariness, democracy, and fairness;

b) Ensure the legal rights and interests of the State, land users, and relevant organizations and individuals; without affecting national defense and security;

c) Comply with the provisions of land law, civil law, and other relevant laws; in accordance with the land use plans approved by the competent authorities;

d) Be suitable to the characteristics of land, terrain, climate, culture, labor migration, occupational shifts, and employment in rural areas of each region, area, and locality, and be in line with market demand.

3. The State has a policy to encourage organizations and individuals to consolidate land for agricultural production; to apply science and technology to use the consolidated land economically and efficiently.

Funds for surveying, adjusting cadastral records, and issuing Certificates of Land Use Rights and Ownership of Assets Attached to Land to implement land consolidation for the purpose of concentrating land for agricultural production are ensured by the State budget.

4. Economic organizations and individuals implementing the concentration of agricultural land must prepare a land use plan and submit it to the commune-level People's Committee for monitoring. In cases where there is a change in the purpose of land use within the agricultural land group in the land use plan, it is necessary to reach an agreement with the land users regarding the return of agricultural land after participating in land concentration. In cases of concentrating agricultural land that requires adjustment of land use rights, it shall be carried out according to the provisions of Article 219 of this Law.

5. People's Committees at all levels are responsible for disseminating, propagating policies and laws, providing guidance, and supporting parties in implementing agricultural land concentration and ensuring stability of planning for the concentrated agricultural land area.

6. The Government shall regulate the details of this Article.

Article 193. Agricultural Land Accumulation

1. Agricultural land consolidation is the process of increasing the area of agricultural land used by land users for production organization through the following methods:

a) Receiving the transfer of agricultural land use rights;

b) Contributing capital in the form of agricultural land use rights.

2. The accumulation of agricultural land must ensure the following principles:

a) Ensure the legal rights and interests of the State, land users, and related organizations and individuals; does not affect national defense and security;

b) Comply with the provisions of land law, civil law, and relevant laws; use for the correct purpose, in accordance with the land use planning and plans approved by the competent authority;

c) Be suitable for the characteristics of land, terrain, climate, culture, labor transition processes, occupational change, employment in rural areas of each region, area, and locality, and be in accordance with market demand.

3. The State has policies to encourage organizations and individuals to apply science and technology to use the accumulated land funds efficiently and economically.

4. People's Committees at all levels are responsible for propagating, disseminating policies and laws, providing guidance, and supporting parties in the implementation of agricultural land accumulation and ensuring planning stability for the accumulated agricultural land area.

5. The government shall provide detailed regulations on this Article.

Article 194. Areas for concentrated breeding, cultivation, production, and processing of agricultural, forestry, aquaculture, and seafood products

1. Areas for concentrated breeding, cultivation, production, and processing of agricultural, forestry, aquaculture, and seafood products are areas that undertake one or more tasks of research, experimentation, breeding, cultivation, production, preservation, processing, and warehouse services for agricultural, forestry, aquaculture, and seafood products.

2. The use of land for constructing areas for breeding, planting, production, and processing of agricultural, forestry, aquaculture, and seafood products in concentrated zones must comply with the land use planning and plans approved by the competent authority.

3. The State leases land for use as areas for breeding, planting, production, and processing of agricultural, forestry, aquaculture, and seafood products in concentrated zones according to the following provisions:

a) Implement investment projects to construct and operate infrastructure for concentrated farming, planting, production, and processing of agricultural, forestry, aquatic, and seafood products for subleasing;

b) Implement projects for concentrated farming, planting, production, and processing of agricultural, forestry, aquatic, and seafood products.

4. Investors who are leased land by the State to invest in constructing and operating infrastructure for concentrated farming, planting, production, and processing of agricultural, forestry, aquatic, and seafood products with annual land lease payments have the right to sublease the land under annual land lease payments; in case the investor is leased land by the State with a one-time land lease payment for the entire lease term, they have the right to sublease the land either with a one-time land lease payment for the entire lease term or with annual land lease payments.

5. Lessees of land in areas for breeding, planting, producing, processing agricultural, forestry, aquatic, and seafood products in concentrated zones have the following rights and obligations:

a) In the case of leasing land with a one-time payment for the entire lease period, they have the rights and obligations stipulated in Article 33 of this Law;

b) In the case of leasing land with annual rent payments, they have the rights and obligations stipulated in Article 34 of this Law.

6. Land users in areas for raising, planting, producing, and processing agricultural, forestry, aquaculture, and seafood products must use the land for the purpose that has been determined and must be granted a Certificate of Land Use Rights and Ownership of Assets Attached to Land in accordance with the provisions of this Law.

7. The Government shall provide detailed regulations on this Article.

Article 195. Residential land in rural areas

1. Residential land in rural areas is land used for building houses and other purposes serving life on the same plot of land within a rural area.

2. Based on the land fund and the actual situation of the locality, the Provincial People's Committee shall regulate the limit of residential land allocation for individuals in rural areas.

3. Residential land in rural areas must be arranged in coordination with land used for the purpose of constructing public works and career works, ensuring convenience for production, people's life, environmental sanitation, and according to the direction of rural modernization.

4. The State has policies to facilitate rural residents to have housing based on utilizing land within existing residential areas, limiting the expansion of residential areas on agricultural land.

Article 196. Urban residential land

1. Urban residential land is land for building houses and other purposes serving life on the same plot of land in urban areas.

2. Based on the land fund and the actual situation of the locality, the Provincial People's Committee shall regulate the limit of residential land allocation for individuals in urban areas.

3. Residential land in urban areas must be arranged in coordination with land used for the construction of public works and career facilities, ensuring environmental sanitation and urban landscape.

4. The conversion of residential land into land for production and business establishments must comply with the land use planning, approved land use plans, and construction plans by competent authorities, adhering to legal regulations on order, safety, environmental protection, and other relevant laws.

Article 197. Land for the construction of apartment complexes

1. Land for building residential apartment areas includes land for housing to construct apartment buildings, land to build works serving directly the life of residents in the apartment area, and land to construct community-serving works according to the construction plan approved by competent authorities.

2. Land for building residential apartment areas must ensure synchronization with land used for public works, career works, and ensure environmental hygiene and urban landscape.

3. The government shall provide detailed regulations on this Article.

Article 198. Land use for urban and rural residential area improvement

1. Land used for urban improvement includes land for improving existing inner-city and inner-town areas, and land planned for urban expansion.

Land used for improving rural residential areas includes land for improving existing residential areas, land from the agricultural land fund used for public purposes, and land planned for the expansion of rural residential areas.

2. The use of land for urban and rural residential area improvement must comply with the land use plan, construction planning approved by the competent authority, and construction standards and regulations issued by the state authority.

3. The State recovers land, allocates land, and leases land to implement urban and rural residential area improvement projects in cases specified in Article 79 of this Law.

4. Organizations and individuals are allowed to contribute land-use rights to build and improve works serving the common interests of the community using funds contributed by the people or supported by the State. The voluntary contribution of land-use rights, compensation, or support is agreed upon by the organization or individual. The contribution of land-use rights and land readjustment shall be carried out in accordance with the provisions of Article 219 of this Law.

Article 199. Land for constructing agency headquarters and career works

1. Land for constructing agency headquarters includes land for the headquarters of the Communist Party of Vietnam, state agencies, the Vietnam Fatherland Front, political-social organizations, political-social-professional organizations, social-professional organizations, social organizations, and other organizations established in accordance with the law and assigned tasks or financial support for regular activities by the State.

2. Land for constructing public service works includes the types of land specified in point d, clause 3, Article 9 of this Law.

3. The use of land specified in clauses 1 and 2 of this Article must comply with the land use planning, land use plans, and construction planning approved by the competent authority.

4. Representatives of agencies or organizations assigned or leased land are responsible for preserving the assigned or leased land area and must use the land for the correct purpose.

5. The management, use, and exploitation of land funds prescribed in Clauses 1 and 2 of this Article, if falling within the scope of regulation of the law on management and use of public assets, shall be carried out in accordance with the provisions of the law on management and use of public assets; matters not stipulated by the law on management and use of public assets shall be implemented in accordance with the provisions of this Law.

Article 200. Defense and security land

1. Defense and security land includes land used for purposes prescribed in Article 78 of this Law.

2. The provincial-level People's Committee shall preside and coordinate with the Ministry of National Defense and the Ministry of Public Security to carry out state management of defense and security land within the administrative management scope of the locality.

3. For areas within the national defense and security land use planning but not yet required for defense and security purposes, the current land users are allowed to continue using the land until the land is reclaimed by decision of the competent state authority, but they are not allowed to alter the natural terrain.

4. In the case of reclaiming land for national defense and security to implement socio-economic development projects for national or public purposes, it is not required to reorganize or handle public assets according to the provisions of the law on management and use of public assets.

5. The management and use of assets attached to land, which are public assets of public service units under the Ministry of National Defense and the Ministry of Public Security, that do not fall under the case of land use combined with labor, production activities, or economic construction as stipulated in Article 201 of this Law, shall be carried out in accordance with the provisions of the law on management and use of public assets.

6. The Government shall regulate the details of this Article.

Article 201. Use of defense and security land combined with labor production and economic construction activities

Supplementary provisions

1. The use of defense and security land combined with labor production and economic construction activities applies to the following entities:

a) Military units, police units, and public service units belonging to the People's Army and the People's Public Security;

b) State-owned enterprises managed by the Ministry of National Defense or the Ministry of Public Security.

2. For defense and security land currently managed by the entities specified in Clause 1 of this Article, if used in combination with labor production and economic construction activities associated with military, defense, and security tasks, a land use plan must be submitted to the Minister of National Defense or the Minister of Public Security for review and approval, and annual land use fees must be paid.

Cases of using land for national defense and security combined with labor production activities, economic construction to organize education; labor, rehabilitation, vocational guidance, vocational training for inmates; training, increasing production to improve living standards; logistical-technical support services are not required to pay land use fees.

3. The rights and obligations of the subjects specified in clause 1 of this Article when using land for national defense and security combined with labor production activities and economic construction are regulated as follows:

a) Allowed to organize production and business according to the plan approved by the Minister of National Defense or the Minister of Public Security;

b) Entitled to the results of labor, investment outcomes on the land, and other benefits in accordance with the law;

c) No compensation shall be provided for land and assets attached to the land when terminating the plan for using land for national defense and security combined with labor, production, and economic construction activities to serve military, national defense, and security tasks;

d) The right to use the land cannot be transferred, donated, or leased;

d) The land use right cannot be used as collateral or contributed as capital;

e) The land use purpose cannot be arbitrarily changed;

g) Subjects specified in point a, clause 1 of this Article are not allowed to transfer, lease, donate, mortgage, or contribute as capital the assets attached to the land;

Amended and supplemented provisions:

h) The subjects specified in point b, clause 1 of this Article may lease, mortgage, or contribute capital using assets attached to the land according to plans approved by the Minister of National Defense and the Minister of Public Security; in case of buying or selling assets attached to the land, handling mortgaged assets, or contributed assets, it can only be carried out internally among the subjects specified in clause 1 of this Article according to plans approved by the Minister of National Defense and the Minister of Public Security;

i) Fully fulfill financial obligations as prescribed.

4. The Government shall provide detailed regulations on this Article.

Article 202. Industrial park land, industrial cluster land

Amended and supplemented provisions:

1. The management and use of industrial park land and industrial cluster land, including concentrated information technology zones, must comply with land use plans, construction plans approved by competent authorities.

2. The State leases land for the implementation of investment projects in the construction and business of infrastructure for industrial parks and industrial clusters.

In the case of investment projects for the construction and business operation of industrial park infrastructure and industrial clusters in areas with investment incentives under the provisions of investment law, border districts, and island districts where investors cannot be attracted, the State shall allocate land or lease land to public service units to invest in the construction and business operation of industrial park infrastructure and industrial clusters.

3. Investors who have been leased land by the State for the construction and business operation of industrial park infrastructure and industrial clusters under the form of annual land lease payments have the right to switch to the form of a one-time land lease payment for the entire lease period for the whole or part of the business land area.

For the portion of land leased with annual land rent payment, the investor has the right to sublease the land under the form of annual land rent payment; for the portion of land leased with a one-time land rent payment for the entire lease period, the investor has the right to sublease the land under the form of either a one-time land rent payment for the entire lease period or annual land rent payment; for the portion of land used for building infrastructure for common use in industrial parks and industrial clusters according to the construction planning approved by the competent authority, the investor is not required to pay land rent.

4. The land use term of the investment project in industrial parks and industrial clusters corresponds to the operating term of the investment project.

In cases where the investment project's duration is longer than the remaining land use term of the industrial park or industrial cluster, the investor must seek permission from the competent state authority to adjust the land use term appropriately, but the total land use term must not exceed 70 years and the investor must pay land use fees or land lease fees for the area where the land use term is adjusted.

5. Land lessees associated with infrastructure in the industrial park or industrial cluster have the following rights and obligations:

a) In the case of leasing land with a one-time payment for the entire lease period, they have the rights and obligations stipulated in Article 33 of this Law;

b) In the case of leasing land with annual rent payments, they have the rights and obligations stipulated in Article 34 of this Law.

6. The investor is responsible for allocating the land already invested in infrastructure for sublease to small and medium-sized enterprises and facilities relocated due to environmental pollution.

The State has a policy of reducing land lease fees in industrial zones and industrial clusters for cases specified in this clause. The reduced land lease fee shall be reimbursed to the investor through deduction from the land lease payment that the investor must pay in accordance with the provisions of the law on land rent.

The provincial People's Committee shall base on the actual situation in the locality to determine the land fund allocated for small and medium enterprises, and for facilities relocated due to environmental pollution.

7. The land area for building worker accommodation in industrial zones according to the planning shall be managed as commercial and service land and shall enjoy incentives according to the provisions of the law.

8. The provincial-level People's Committee is responsible for determining the need to build residential areas and public works outside industrial zones to serve the lives of workers in the industrial zones, in order to integrate them into land use planning, urban planning, and rural planning; allocating land funds and granting land for the People's Public Security forces to ensure security and order in industrial zones.

9. The Government shall provide detailed regulations on this.

Article 203. Land used for economic zones

1. Land used for economic zones refers to the area of land used for functional zones, including:

a) Land used for non-tariff zones, bonded warehouses, export processing zones, and industrial zones;

b) Land used for entertainment zones and tourist zones;

c) Land used for urban areas and residential areas;

d) Land used for administrative areas and other functional zones suitable to the characteristics of each economic zone to create a particularly favorable investment and business environment for investors.

2. The establishment and expansion of economic zones must conform to the approved provincial planning to ensure land is used economically and efficiently.

3. Land recovery, allocation, and leasing in economic zones shall be carried out in accordance with the provisions of this Law.

4. The management board of the economic zone is responsible for coordinating with units and organizations performing compensation and site clearance tasks to carry out compensation, support, and resettlement for the reclaimed land within the economic zone.

5. The land use term for production and business activities in the economic zone shall comply with the provisions of Article 172 of this Law.

6. Land users in the economic zone may invest in the construction and business of housing and infrastructure, engage in production, business, service activities, and have the rights and obligations as prescribed by this Law.

7. The State encourages investment in the construction and business of infrastructure in the economic zone.

8. The land use regime, rights, and obligations of land users in economic zones shall be applied to each type of land in accordance with the provisions of this Law.

9. The Government shall provide detailed regulations on this.

Article 204. Land used for high-tech zones

1. Land used for high-tech zones is land serving high-tech activities in accordance with the provisions of the law on high technology and relevant laws, including land for high-tech agricultural zones and high-tech forestry zones. The use of land for high-tech zones must comply with land use plans, construction planning approved by the competent authorities.

When planning and establishing high-tech zones, it is necessary to simultaneously plan and construct residential areas and public works outside the high-tech zones to serve the living needs of experts and workers working in the high-tech zones.

2. The State leases land by collecting annual land rent or collecting land rent in one lump sum for the entire lease period to invest in building and operating infrastructure in the high-tech zone. The land use term in the high-tech zone corresponds to the operating term of the investment project but does not exceed 70 years.

3. Land users in the high-tech zone must use the land for the purposes specified in the land allocation decision, land lease contract, and if granted a Certificate of Land Use Rights, Ownership of Assets Attached to Land, they have the following rights and obligations:

a) In the case of leasing land with a one-time payment for the entire lease period, they have the rights and obligations stipulated in Article 33 of this Law;

b) In the case of leasing land with annual rent payments, they have the rights and obligations stipulated in Article 34 of this Law.

4. The State encourages individuals, economic organizations, overseas Vietnamese, and foreign-invested economic organizations to invest in constructing and operating infrastructure in the high-tech zone and to use the land for the purpose of science and technology development.

5. The provincial-level People's Committee is responsible for arranging land funds and allocating land to the People's Public Security force to ensure security and order in the high-tech zone.

6. The Government shall regulate the details of this Article.

Supplementary provisions

Article 205. Land used for mining activities

1. Land used for mining activities includes land for exploration, mining of minerals, and areas for auxiliary works for mining activities.

2. The use of land for mining activities is carried out according to the following regulations:

a) Having a license for mineral exploration and mining in accordance with the provisions of the law on minerals;

b) Having a land lease decision from a competent state agency for mining or use for auxiliary works serving the mining and mineral processing activities. In cases of mining where the topsoil is not used and does not affect the use of the land surface, there is no need to lease the land;

c) Apply appropriate technological measures to exploit and use land reasonably and efficiently during the process of surveying and exploiting minerals. Implement environmental protection measures, waste treatment, and other measures to avoid causing harm to land users in the area and surrounding areas;

d) Use land according to the progress of the mineral exploitation project and the mineral exploitation permit approved by the competent authority. Land users are responsible for returning the land according to the mineral exploitation progress and the state of the topsoil as stipulated in the land lease contract.

3. The provincial-level People's Committee is responsible for reviewing, arranging the land fund, and allocating land for the People's Public Security forces to ensure security and order in mineral activity areas upon request.

Article 206. Commercial, service land, non-agricultural production facility land

1. Commercial and service land includes land for constructing commercial and service business facilities and other works serving business, commerce, and services.

Non-agricultural production land includes land for constructing non-agricultural production facilities located outside industrial zones and industrial clusters.

2. The use of commercial and service land, and non-agricultural production land must comply with the approved land use planning, construction planning of urban areas, construction planning of rural residential areas by the competent authority, and environmental protection regulations.

3. Economic organizations and individuals using land for commerce, services, or non-agricultural production facilities through the form of the State leasing land; acquiring land use rights, leasing land, subleasing land, or receiving capital contributions in land use rights from other economic organizations, individuals, or overseas Vietnamese; subleasing land attached to the infrastructure of economic organizations with foreign investment.

Overseas Vietnamese use commercial and service land, and non-agricultural production land through the form of land leased by the State; leasing land, subleasing land from economic organizations, individuals, or overseas Vietnamese; subleasing land associated with the infrastructure of foreign-invested economic organizations. Overseas Vietnamese who fall under the subjects stipulated in Clause 1, Article 44 of this Law are eligible to inherit or be gifted land use rights for the purpose of establishing commercial, service, and non-agricultural production facilities.

Economic organizations with foreign investment using commercial and service land, non-agricultural production land through the form of State land lease; lease of land, sublease of land from economic organizations, overseas Vietnamese individuals; sublease of land attached to infrastructure of economic organizations with foreign investment; receiving capital contribution in the form of land use rights from economic organizations, other economic organizations with foreign investment, overseas Vietnamese individuals.

Article 207. Land used for public purposes; land for implementing investment projects under the public-private partnership model

1. The use of land for public purposes must conform to the approved land use planning, land use plans, and specialized planning that involves land use approved by the competent authority.

2. Land used for public purposes must clearly distinguish between the area of land used for non-commercial purposes and the area of land used for commercial purposes.

For land areas used for non-commercial purposes, the State allocates land without collecting land use fees in accordance with the provisions of Article 118 of this Law; for land areas used for commercial purposes, the State leases land in accordance with the provisions of Article 120 of this Law.

3. The State allocates land or leases land to investors to implement investment projects under the public-private partnership method using land in accordance with the provisions of this Law.

4. The regime of land management, use, and financial obligations for implementing investment projects under the public-private partnership method must comply with the provisions of this Law and the Law on Investment under the public-private partnership method.

5. The provincial-level People's Committee is responsible for arranging land funds and allocating land to the People's Public Security forces upon request to ensure security and order in areas of land used for public purposes, and land for implementing investment projects under the public-private partnership model.

Amended and supplemented provisions:

Article 208. Land used for airports and civil aviation airports

1. Land used for airports and civil aviation airports includes:

a) Land for constructing offices of state agencies, units of the people's armed forces at the airport, land for constructing airport infrastructure works, and other auxiliary facilities of the airport owned by the State;

b) Land for the construction of items belonging to the infrastructure of airports and aviation service works, non-aviation services outside the regulations in point a of this clause.

2. Based on the approved planning, land use plan, and civil airport planning by the competent authority, the Provincial People's Committee shall allocate land and lease land according to the following provisions:

a) Allocate land without collecting land use fees for the land specified in point a, clause 1 of this Article;

b) Lease land with annual land rent for the land specified in point b, clause 1 of this Article;

c) The remaining area after allocating and leasing land according to the provisions in points a and b of this clause shall be managed by the airport authority.

3. The Provincial People's Committee is responsible for arranging land funds and allocating land for the People's Public Security forces to ensure security and order in the area of civil airports.

4. In the case of airports and civil aviation airports implemented under investment projects in the form of public-private partnerships that use land, they shall be carried out in accordance with the provisions of Article 207 of this Law.

5. The government shall provide detailed regulations on this Article.

Article 209. Land designated for railways

1. Land designated for railways includes:

a) Land for the construction of national railway infrastructure, urban railways; land for constructing government agency offices for regular operations in railway stations;

b) Land for constructing specialized railway infrastructure, railway industrial works;

c) Land for constructing service works related to passenger transport, freight transport, and other commercial service works within the scope of land for constructing railway infrastructure.

2. The allocation and lease of land designated for railways shall be carried out as follows:

a) Allocate land without collecting land use fees for the land specified in point a, clause 1 of this Article;

b) Lease land with annual rental payment and exempt rental fees for land specified in point b, clause 1 of this Article.

c) Lease land and collect annual land rent for the land specified in point c, clause 1 of this Article.

3. For land allocated for railways that has been assigned or leased before the effective date of this Law, the State shall consider issuing Land Use Right Certificates and ownership of assets attached to the land in the form prescribed in clause 2 of this Article.

4. The provincial-level People's Committee is responsible for arranging land funds and allocating land so that the People's Police force can ensure security and order in the railway station area.

Article 210. Land for construction of works, areas with safety protection corridors

1. Land for the construction of works, areas with safety protection corridors includes:

a) Land for constructing works, areas that are subject to protective corridors as prescribed by relevant laws, and the protective corridors of those works and areas.

b) Land for constructing national defense works, military zones, and land within protection corridors, protection areas, safety belts of works, and military zones as prescribed by the law on the management and protection of national defense works and military zones.

2. The use of land for constructing works with a safety protection corridor must ensure the combined exploitation of both the aboveground and underground parts, arranging the combination of various types of works on the same plot of land to save land and comply with the relevant legal regulations.

3. Land within the safety protection corridor of works, protection areas, and safety belts shall be continued to be used by the land user according to the designated purpose and in accordance with the provisions of the law; it must not obstruct the protection of the safety of the works or areas with safety protection corridors, except in cases where relocation is required under relevant legal regulations.

In cases where the use of land within the safety protection corridor, protection area, or safety belt affects the safety protection of the works or areas with safety protection corridors, the owner of the works or the land user must take remedial measures, and if remediation is not possible, the State shall recover the land and compensate in accordance with the provisions of the law.

4. Agencies and organizations directly managing the works or areas with safety protection corridors are responsible for publicly announcing the boundary markers of the safety protection corridor, the area, and the safety belt, and are primarily responsible for ensuring the safety of the works and areas with safety protection corridors; in cases where land within the safety protection corridor, protected area, or safety belt is encroached upon, occupied, or used illegally, it must be promptly reported and requested that the People's Committee of the commune where the safety protection corridor is encroached, occupied, or used illegally take action.

The use of land within the protected area or safety belt of defense works and military zones shall be carried out in accordance with the provisions of the Law on Management and Protection of Defense Works and Military Zones.

5. The People's Committees at all levels in areas with works, or areas with safety protection corridors, are responsible for coordinating with agencies and organizations directly managing the works or areas to propagate and disseminate laws on the safety protection of works and areas; publicly announce land boundary markers within the safety protection corridor; and promptly handle cases of encroachment, occupation, or unauthorized use of the safety protection corridor of the works or areas.

6. The Government shall regulate the details of this Article.

Article 211. Land with historical-cultural relics, scenic spots, natural heritage

1. Land with historical-cultural relics, scenic spots, or natural heritage that has been classified or included by the provincial-level People's Committee in the inventory of relics in accordance with the law on cultural heritage must be managed according to the following provisions:

a) For land with historical and cultural relics, scenic spots, or natural heritage directly managed by organizations, individuals, or community residents according to legal regulations, those organizations, individuals, or community residents shall bear the primary responsibility in using the land with historical and cultural relics, scenic spots, or natural heritage;

b) For land with historical and cultural relics, scenic spots, or natural heritage not under the regulation specified in point a of this clause, the People's Committee of the commune where the historical and cultural relics, scenic spots, or natural heritage are located shall be responsible for managing this land area;

c) For land with historical and cultural relics, scenic spots, or natural heritage that is encroached upon, occupied, used for incorrect purposes, or used illegally, the People's Committee at the commune level where the land is located is responsible for detecting, preventing, and handling it within its authority or making recommendations to the competent authorities or persons for handling in accordance with the provisions of law.

2. The use of land with historical - cultural relics, scenic spots, natural heritage combined with other purposes must comply with the requirements stipulated in Article 218 of this Law, the Law on Cultural Heritage, and other relevant provisions of the law.

3. Land users in the protection zone of historical - cultural relics, scenic spots according to the provisions of the Law on Cultural Heritage shall exercise the rights of land users according to the provisions of this Law but must not affect the original components of the historical - cultural relics, scenic spots, natural landscape, and ecological environment of the relic; in the case that the State recovers the land for management and use for the purpose of restoring, protecting, and promoting the value of historical - cultural relics and scenic spots, they shall be compensated, supported, and resettled according to the provisions of this Law.

Article 212. Religious land

1. Belief land is land with belief constructions including communal houses, temples, shrines, small temples, clan ancestral houses; pagodas that are not regulated in Clause 1, Article 213 of this Law; other belief constructions.

2. The use of belief land must be for the right purpose, in accordance with the land use planning, construction planning approved by the competent authority.

3. The use of belief land combined with commerce and services must ensure the requirements specified in Clause 2, Article 218 of this Law.

Article 213. Religious land

1. Religious land includes land for constructing religious facilities, headquarters of religious organizations, subordinate religious organizations, and other lawful religious constructions.

2. The State allocates land without land use fees for land used to construct religious facilities, headquarters of religious organizations, and subordinate religious organizations.

3. The State leases land and collects annual land rent from religious organizations and subordinate religious organizations using land that does not fall under the cases specified in Clause 2 of this Article.

4. The Provincial People's Committee, based on the actual needs of religious activities and the land fund capacity of the locality, shall define the limits and decide the land area allocated to religious organizations and subordinate religious organizations in the province.

5. The use of religious land combined with commerce and services must ensure the requirements stipulated in Clause 2, Article 218 of this Law.

6. In the case where the State recovers religious land as stipulated in Clause 2 of this Article, a new location suitable for the local land fund and the religious activities of believers shall be arranged.

Article 214. Cemetery land, funeral homes, crematoriums; land for storing ashes.

1. Cemetery land, funeral homes, cremation facilities; land for urn storage facilities must be planned as concentrated areas, in accordance with land use planning, construction planning, hygienic standards, environmental protection, and land conservation.

2. It is strictly prohibited to establish cemeteries, funeral homes, cremation facilities, or urn storage facilities contrary to the land use plans and construction plans approved by the competent authorities.

3. Land for cemeteries, funeral homes, cremation facilities, and land for urn storage facilities that the State allocates or leases to economic organizations shall comply with the following provisions:

a) Land allocation with land use fees for the construction of urn storage facilities, to implement cemetery infrastructure investment projects for the transfer of land use rights associated with urn storage infrastructure;

b) Leasing land to build funeral homes and cremation facilities.

4. Cemetery land, funeral homes, cremation facilities, and land for storing ashes that are not covered by the provisions in Clause 3 of this Article shall be allocated by the State to the Commune People's Committee or public service units for management.

Article 215. Land with specialized water surfaces and land of rivers, streams, canals, ditches, and creeks

1. Land with specialized water surfaces is land with water surfaces of hydrological objects such as ponds, lakes, lagoons, and coastal inlets, whose designated use has been determined, but not for aquaculture purposes.

2. Based on the primarily assigned use, land with specialized water surfaces and land of rivers, streams, canals, ditches, and creeks shall be managed and used according to the following provisions:

a) The State allocates to organizations for management combined with use, exploiting land with specialized water surfaces for non-agricultural purposes or non-agricultural purposes combined with aquaculture and fisheries exploitation;

b) The State leases river, creek, canal, and stream land and collects annual land rental fees from economic organizations, individuals, Vietnamese nationals residing abroad, and foreign-invested economic organizations for aquaculture or use for non-agricultural purposes, or use for non-agricultural purposes combined with aquaculture, and must comply with the provisions of the law on water resources;

c) The State leases water surface land of hydropower or irrigation reservoirs for combined use for non-agricultural purposes, aquaculture, and fishing according to its authority;

d) The State allocates or leases land within the protection and adjacent zones of dams and reservoirs of hydropower and irrigation works to organizations and individuals for management, combined use, and exploitation of land with water surfaces together with other land use purposes in accordance with the relevant laws, and must be permitted by the competent state authority as prescribed.

3. The exploitation and use of land with specialized water surfaces and land along rivers, canals, streams, and creeks must ensure that it does not affect the primarily designated use; must comply with technical regulations of the relevant sectors and fields and regulations on landscape and environmental protection; must not obstruct natural flow; and must not impede waterway traffic.

Amended Clause

Article 216. Land for the construction of underground works

1. Land for underground construction works includes land for constructing works on the ground to serve the operation and exploitation of underground works and underground space for constructing works beneath the ground, where these works are not considered the underground part of above-ground construction works.

2. Land users may transfer, lease, or sublease underground space after it has been determined by the State in accordance with the laws on construction, urban planning law, and architecture law.

3. The State encourages organizations and individuals to use capital, techniques, and technology to implement underground construction projects, and simultaneously has policies to support and offer incentives to investors in accordance with the law.

4. The use of land for underground construction works must ensure the following requirements:

a) Ensuring national defense, security, environmental protection, sustainable development, protection of historical and cultural monuments, and scenic spots;

Amended Clause

b) In accordance with construction planning and urban planning;

c) Compensation in accordance with the provisions of the law for cases causing damage to the use of land by land users on the surface of underground works;

d) The construction of underground works must be carried out according to the investment project or the item of the investment project as prescribed by law;

đ) Comply with the provisions of the law on construction.

5. The allocation and leasing of land for the construction of works on the ground serving the operation and exploitation of underground works shall be implemented according to the following provisions:

a) Land allocation without collection of land use fees in the case of using land for the construction of works on the surface serving the operation and exploitation of underground works not for business purposes;

b) Land lease with annual land rent payment in the case of using land for the construction of works on the surface serving the operation and exploitation of underground works for business purposes.

6. The issuance of Certificates of Land Use Rights and Ownership of Assets Attached to Land for land used for constructing underground works shall be carried out according to the following provisions:

a) The investor of an underground construction project shall be granted a Certificate of Land Use Rights and Ownership of Assets Attached to Land for the land area above ground used for the operation and exploitation of the underground works and shall exercise the rights of land users according to the provisions of this Law;

b) The investor of an underground construction project shall be certified for ownership of the underground works and shall exercise the rights of the owner according to the provisions of the law.

7. The Government shall provide detailed regulations on this Article.

Article 217. Land managed by State agencies and organizations

1. Land managed by State agencies and organizations is land that has not been allocated, leased, or has been allocated for management purposes, including:

a) Land used for public purposes;

b) Land of rivers, canals, ditches, streams, ponds, lakes, lagoons, estuaries;

c) Land for cemeteries, funeral houses, crematoriums; land for facilities preserving ashes;

d) Land with specialized water surfaces;

đ) Special-use forest land, protection forest land, production forest land;

e) Land reclaimed by the State and assigned to organizations for land fund development management;

g) Land reclaimed by the State and assigned to the commune-level People's Committee for management in cases specified in Point đ, Clause 1 and Clause 3, Article 82; Clause 2, Article 82 in rural areas; Clause 5, Article 86; Point e, Clause 2, Article 181 of this Law;

h) Land returned, transferring land use rights of foreign organizations with diplomatic functions when there is no demand for using the land, implemented based on international treaties, international agreements, and relevant legal regulations;

i) Agricultural land used for public purposes of communes, wards, or townships;

k) Unused land.

2. State agencies and organizations assigned to manage land funds as stipulated in Clause 1 of this Article are responsible for managing and preserving the area of land assigned for management; the use of the above-mentioned land fund shall be carried out in accordance with the land use regime corresponding to the provisions of this Law.

Article 218. Multi-purpose land use

1. The following types of land are allowed to be used for multiple purposes:

a) Agricultural land can be used in combination with commercial, service, livestock, and medicinal plant cultivation purposes;

b) Land used for public purposes can be combined with commercial and service purposes;

c) Land for construction of career works used in combination with commercial and service purposes;

d) Residential land used in combination with agricultural, commercial, service, or career works with business purposes;

đ) Land with water surfaces used in combination for multiple purposes according to the provisions in Articles 188, 189, and 215 of this Law;

e) Religious land, land for beliefs used in combination with commercial and service purposes;

Amended and supplemented provisions:

g) Land specified in Clause 2 and Clause 3, Article 9 of this Law, used in combination with agricultural purposes, construction of infrastructure works for post, telecommunications, technology, information, outdoor advertising, solar power.

2. The use of land for multiple purposes must meet the following requirements:

a) Not to change the land type according to the land classification specified in Clause 2 and Clause 3, Article 9, as identified in the documents prescribed in Article 10 of this Law;

b) Do not eliminate the necessary conditions to return the land for its main purpose;

c) Do not affect national defense and security;

d) Limit the impact on the conservation of natural ecosystems, biodiversity, and environmental landscapes;

đ) Do not affect the use of land of adjacent plots;

e) Fulfill all financial obligations as prescribed;

g) Comply with the relevant laws.

3. In case a public non-business unit uses land to construct career works combined with commerce and services, it must switch to annual land lease payment for the combined area.

4. Cases of land use combined with commerce and services as prescribed in points a, b, c, d, đ, and e of clause 1 of this Article must prepare a land use plan and submit it to the competent authority for approval. The content of the combined land use plan includes:

a) Information about the land plot, the land being used: location, area, form of land use; land use term;

b) Area, purpose of combined land use, combined land use term;

c) Content meeting the requirements according to the provisions of the law on environmental protection and other relevant legal regulations.

5. The government shall provide detailed regulations on this Article.

Article 219. Contribution of land use rights, readjustment of land

1. Contribution of land use rights, readjustment of land is a method of rearranging land in a certain area based on the consensus of land users to readjust all or part of the land area under their use rights in that area according to a plan approved by the competent authority.

2. The contribution of land use rights, readjustment of land is carried out in the following cases:

a) Concentrating agricultural land for production purposes;

b) Implement projects for renovation and development of rural residential areas, expand and upgrade rural roads;

c) Implement projects for renovation and urban development; renovate, upgrade, or rebuild apartment buildings; expand and upgrade roads in urban areas.

3. The conditions for contributing land use rights and adjusting land are stipulated as follows:

Amended Clause

a) Compliant with the land use planning, construction planning, and urban planning approved by the competent authority;

b) There is a plan for contributing land use rights and readjusting land that is agreed upon by the land users in the area planned for implementation and approved by the Provincial People's Committee in the case specified in point c, clause 2 of this Article, and approved by the District People's Committee in the case specified in point b, clause 2 of this Article.

4. The plan for contributing land use rights and readjusting land must include the following contents:

a) The current land use status in the area to be readjusted and the parties contributing land use rights;

b) The plan for rearranging the land, which must show the plan for technical infrastructure, social infrastructure, environmental infrastructure, and the proportion of land area that the land users contribute for building technical infrastructure works and providing public services;

c) The location and land area that the land users will receive back after the land readjustment plan is implemented.

5. For land areas managed by state agencies or organizations that are within the area designated for contributing land use rights, land adjustment shall be used as follows:

a) To be used for the construction and upgrading of infrastructure systems and public services in residential areas;

b) To auction land use rights for the remaining land area after using land according to point a of this clause. The money obtained from the auction of land use rights shall be used to implement the project.

6. The contribution of land use rights and adjustment of land must have an investment project implemented by the community of land users themselves or in association or partnership with investors in accordance with legal regulations.

7. The provincial-level People's Committee and district-level People's Committee shall have the following responsibilities:

Amended Clause

a) Provide information on the current status of land use, land use planning, land use plans; construction planning; urban planning approved by the competent authority related to the area contributing land use rights, and adjusting land;

b) Issue land use right certificates, ownership certificates of assets attached to land according to the approved plan for contributing land use rights and adjusting land.

8. The Government shall provide detailed regulations on this Article.

Article 220. Subdividing and Consolidating Land Plots

1. The subdivision and consolidation of land plots must ensure the following principles and conditions:

a) The land plot has been issued one of the following types of certificates: Land Use Right Certificate, House Ownership and Residential Land Use Right Certificate, Land Use Right, House Ownership and Other Assets Attached to Land Certificate, Land Use Right and Ownership of Assets Attached to Land Certificate;

b) The land plot is still within the land use term;

c) Land that is not disputed, not seized to ensure the enforcement of a judgment, and not subject to temporary emergency measures by a competent state authority.

In case the land is disputed but the area and boundaries under dispute can be determined, the remaining area and boundaries of the land that are not in dispute are allowed to be subdivided or merged.

d) The division or consolidation of land plots must ensure there is access; be connected to existing public roads; ensure water supply, drainage, and other necessary needs reasonably. In case the land user allocates a part of a residential land plot or a land plot containing both residential and other types of land as an access path, when dividing or consolidating the land plot, it is not required to change the land use purpose for the area used as the access path.

2. In the case of dividing a land plot, in addition to the principles and conditions prescribed in Clause 1 of this Article, the following conditions must also be ensured:

a) The land plots after division must meet the minimum area for the type of land being used as stipulated by the Provincial People's Committee;

In case the land plot to be divided is smaller than the minimum area allowed for division, it must simultaneously be consolidated with the adjacent land plot;

b) In the case of converting the purpose of use of a part of the land plot, the plot must be subdivided, and the minimum area of the plot after subdivision must be equal to or larger than the minimum area of the land type after converting its purpose. For a land plot that has both residential land and other types of land, subdivision is not mandatory when converting the use purpose of part of the land plot, except in cases where the land user requests subdivision;

c) In the case of dividing land use rights according to a court judgment or decision, if the division does not ensure the conditions, area, or dimensions for subdivision as regulated, subdivision shall not be carried out.

3. In the case of merging land plots, in addition to the principles and conditions prescribed in Clause 1 of this Article, the following conditions must also be ensured:

a) The consolidation of land plots must ensure they have the same land use purpose, land use term, and form of land lease payment, except in cases where the entire or part of the land plot includes both residential land and other types of land within the same plot, and in cases where consolidating a plot of residential land with other types of land within the same plot of residential land;

b) In cases where the land plots differ in land use purpose, land use term, or form of land lease payment, the procedure must be carried out simultaneously with the procedure to convert land use purpose, adjust land use term, or change the form of land lease payment in order to unify according to one purpose, one land use term, and one form of land lease payment as prescribed by law.

4. The provincial People's Committee, based on the provisions in Clauses 1, 2, and 3 of this Article, other relevant provisions of the law, and local customs and practices, shall specify the conditions and minimum area for land parcel division and consolidation for each type of land.

Article 221. Management of unused land

1. The communal People's Committee is responsible for managing and protecting unused land in the locality, registering it in the land records, and reporting to the directly superior People's Committee on the management and exploitation of the unused land fund.

2. The provincial People's Committee is responsible for managing unused land on islands that have not been allocated to district- or communal-level administrative units.

Article 222. Bringing unused land into use

1. Based on land use plans approved by the competent authority, People's Committees at all levels shall have plans to bring unused land into use.

2. The State encourages organizations and individuals to invest in putting unused land into use according to the land use planning and plans approved by the competent authority.

3. For land areas planned for agricultural purposes, priority shall be given to allocating land to local residents who have not yet been allocated land or lack production land.

4. The State has policies for investing in infrastructure in border areas, islands, areas with difficult socio-economic conditions, areas with particularly difficult socio-economic conditions, and areas with extensive land but sparse population to implement plans to put unused land into use; it also has policies to exempt or reduce land use fees and land lease fees in cases of allocating or leasing unused land for putting it into use.

5. The provincial People's Committee shall use funds obtained from revenues when permitting the conversion of land use purpose from rice cultivation to other purposes and other legal sources of funds to serve the improvement and utilization of unused land.

Chapter XIV. ADMINISTRATIVE PROCEDURES ON LAND

Article 223. Administrative procedures on land

1. Administrative procedures on land include:

a) Procedures for land recovery, land allocation, land lease, land use purpose conversion, land use extension, and adjustment of land use term;

b) Procedures for land registration and registration of assets attached to land;

c) Procedures for granting Certificates of land use rights and ownership of assets attached to land; procedures for correcting, revoking, and canceling issued certificates;

d) Procedures for exercising the rights of land users;

e) Procedures for land plot separation and land plot merge;

f) Procedures for compulsory enforcement of decisions on mandatory cadastral measurements and compulsory enforcement of land recovery decisions;

g) Procedures for mediating land disputes and resolving land disputes at administrative agencies;

h) Procedures for handling administrative violations in the field of land;

i) Procedures for providing land information and data;

k) Other administrative procedures regarding land.

2. The Government shall provide detailed regulations on this Article.

Article 224. Principles for implementing administrative procedures in the field of land

1. Ensure equality, objectivity, publicity, transparency, and close, timely, and accurate coordination among competent agencies during the process of handling administrative procedures.

2. Ensure that the implementation method is simple, easy to understand, integrated in the handling of land-related administrative procedures, saving time, cost, and effort for organizations, individuals, and competent agencies, contributing to the reform of administrative procedures.

3. Organizations and individuals requesting the implementation of administrative procedures on land are responsible before the law for the accuracy and honesty of the declared content and the documents submitted in the dossier.

4. Administrative procedures on land are conducted directly, through the postal system, or electronically and have the same legal validity.

5. The authority handling administrative procedures on land is responsible for performing within the proper jurisdiction and timeframe as prescribed by law, and is not responsible for the content in documents or papers in the dossier that have been approved, appraised, ratified, or previously handled by other competent authorities or persons.

Article 225. Publication and disclosure of administrative procedures on land

1. Administrative procedures on land, after being approved by the competent authority, must be publicly announced in accordance with the Government's regulations on controlling administrative procedures.

2. The content of public disclosure of administrative procedures on land includes:

a) The competent authority receiving the application and delivering results; the authority handling the administrative procedure; the subjects implementing the administrative procedure;

b) The processing time for each administrative procedure;

c) The components and number of documents for each administrative procedure;

d) The process and responsibility for handling each administrative procedure;

đ) Financial obligations, fees, and charges to be paid for each administrative procedure;

e) Other contents of the administrative procedure set (if any).

3. The disclosure of the contents prescribed in Clause 2 of this Article shall be carried out by regularly posting at the headquarters of the agency receiving the dossiers and delivering the results; posting on the National Public Service Portal and the ministerial-level and provincial-level public service portals, as well as on the electronic information pages of the People's Committees at the district and commune levels.

Article 226. Responsibility for implementing administrative procedures on land

1. Ministries and sectors, according to their functions, tasks, and powers, are responsible for coordinating in directing, guiding, and inspecting the implementation of administrative procedures on land, ensuring consistency between administrative procedures on land and other related administrative procedures.

2. People's Committees at all levels are responsible for directing, guiding, inspecting, and organizing the implementation of administrative procedures in the locality; stipulating the coordination between relevant local agencies to resolve administrative procedures regarding land and other related administrative procedures; and organizing the implementation of administrative procedures in an electronic environment.

3. The competent authority for resolving administrative procedures regarding land must follow the procedures and regulations correctly and publicly announce the results of the administrative procedure resolution.

Article 227. Procedure for permitting the change of land use purpose

Cases of changing the land use purpose must be approved by the competent state authority under the provisions of this Law and implemented according to the following procedure:

1. Land users submit a dossier requesting the change of land use purpose as prescribed.

2. The agency in charge of land management shall check the conditions for land use purpose conversion. In case the dossier does not meet the regulations, it shall guide the land user to supplement the dossier and resubmit it to the land management agency.

3. The land management agency has the following responsibilities:

a) In the case of applying land prices in the land price table to calculate land use fees and land lease fees, the land management agency shall prepare a dossier and submit it to the competent People's Committee to issue a decision permitting the conversion of land use purpose, allocation of land, or land lease;

b) In the case of determining specific land prices to calculate land use fees and land lease fees, the competent land management authority shall prepare a dossier and submit it to the People's Committee of the competent level for a decision to allow the change of land use purpose, land allocation, or land lease; organize the determination of land prices, and submit to the competent authority for approval of land prices to calculate land use fees and land lease fees.

4. Land users shall pay land use fees and land rent in accordance with the provisions of the law; in cases where they are entitled to a reduction of land use fees or land rent, the agency collecting the land use fees or land rent shall reduce the land use fees or land rent for the land users.

5. The agency in charge of land management shall sign a land lease contract in cases where the State leases land; transfer the file to the land registration organization or a branch of the land registration organization to carry out the registration, issuance of the Certificate of Land Use Rights and Ownership of Assets Attached to Land, update and correct the land database and cadastral records, and deliver the Certificate of Land Use Rights and Ownership of Assets Attached to Land to the land users.

6. In cases of carrying out the receipt of land use rights transfer and changing the land use purpose, the procedure for registering the transfer of land use rights may be carried out simultaneously with the procedure for changing the land use purpose in accordance with the provisions of this Article.

Article 228. Order and procedures for land allocation and land leasing in cases of land allocation or land leasing without auctioning land use rights, without bidding to select investors to implement projects using land, and cases of land allocation or land leasing through bidding to select investors to implement projects using land.

In cases where the State allocates or leases land in accordance with the provisions of Articles 124 and 126 of this Law, the procedures are as follows:

1. Organizations and individuals submit an application for land allocation or land lease;

2. The competent land management authority has the following responsibilities:

a) Review and inspect dossiers, organize measurements and extracts; in cases where organizations or individuals requesting land allocation or land lease lack relevant documents, provide guidance on supplementing the documents;

b) For cases applying land prices in the land price table to calculate land use fees and land lease fees, the competent land management agency shall prepare the dossier for submission to the People’s Committee of the competent level to issue decisions on land allocation and land lease, and submit for signing the Certificate of land use rights and ownership of assets attached to the land;

c) In the case of determining specific land prices for calculating land use fees and land rent, the competent land management agency shall prepare a dossier and submit it to the People's Committee of the competent level for a decision on land allocation or land lease; organize the land price determination, submit it to the competent authority for approval of land prices for calculating land use fees and land rent, and submit for the signing of the Certificate of land use rights and ownership of assets attached to the land;

3. Land users shall pay land use fees and land rent in accordance with the provisions of the law; in cases where land use fees or land rent are reduced, the agency collecting land use fees and land rent shall implement the reduction of land use fees and land rent for the land users;

4. The agency with land management functions shall transfer the file to the land registration organization or the branch of the land registration organization to update and adjust the land database and cadastral records; sign land lease contracts in cases where the State leases land; organize on-site land handover and deliver Land Use Right Certificates, ownership certificates of assets attached to the land to the land users.

Article 229. Procedures and processes for land allocation and land lease through land use right auctions

1. The preparation for organizing the auction of land use rights is carried out as follows:

a) The unit in charge of managing the land fund shall prepare a plan for the auction of land use rights and submit it to the competent authority for approval;

b) The unit assigned to organize the auction of land use rights is responsible for preparing the dossier of the land plot or parcel to be auctioned, and sending it to the land management authority to submit to the competent People's Committee for deciding on the auction of land use rights;

c) The land management authority organizes the determination of the starting price of the land plot or parcel to be auctioned and submits it to the competent People's Committee for approval;

d) Based on the proposal of the land management authority, the competent People's Committee decides on the auction of land use rights;

d) The unit assigned to organize the auction of land use rights is responsible for selecting and signing a contract with a unit or organization to carry out the land use rights auction.

2. The unit or organization conducting the land use rights auction is responsible for executing the auction of land use rights in accordance with the provisions of the law on asset auctions.

3. The recognition of the results of the land use rights auction is carried out as follows:

a) The unit assigned to organize the land use rights auction shall prepare a dossier and send it to the competent land management authority to submit to the People's Committee of the competent level for issuing a decision recognizing the results of the land use rights auction.

b) The competent People's Committee shall sign and issue a decision recognizing the results of the successful land use rights auction to send to the land management authority, the unit assigned to organize the land use rights auction, the tax authority, and the successful bidder of the land use rights.

4. The successful bidder shall pay land use fees and land lease fees according to the provisions of the law.

5. After the successful bidder completes the payment of land use fees and land lease fees, the land management authority is responsible for:

a) Submitting to the competent People's Committee for the issuance of the decision on land allocation or land lease and signing the Land Use Rights Certificate and the Certificate of ownership of assets attached to the land;

b) Transferring the dossier to the land registration organization or the branch of the land registration organization to update and amend the land database and cadastral records according to regulations;

c) Sign a land lease contract in the case of land leasing.

6. The agency responsible for land management shall lead and coordinate with the implementing unit to conduct the auction of land use rights, and the People's Committee of the commune where the land is located shall organize the handover of land on the ground and issue the Certificate of Land Use Rights and Ownership of Assets Attached to Land to the winning bidder of the land use rights auction.

Chapter XV. SUPERVISION, MONITORING AND EVALUATION OF LAND MANAGEMENT AND USE; INSPECTION, EXAMINATION, AUDIT; RESOLUTION OF DISPUTES, COMPLAINTS, DENUNCIATIONS, AND HANDLING OF VIOLATIONS OF LAND LAW

Section 1. SUPERVISION, MONITORING, AND EVALUATION OF LAND MANAGEMENT AND USE

Article 230. Supervision by the National Assembly, the Vietnam Fatherland Front, and People's Councils at all levels over the management and use of land

The National Assembly, the Vietnam Fatherland Front and its member organizations, and People's Councils at all levels shall exercise the right to supervise the management and use of land in accordance with the provisions of the Constitution, the Law on the Supervisory Activities of the National Assembly and People's Councils, the Law on the Vietnam Fatherland Front, and the Law on the Organization of Local Government.

Article 231. Citizens' supervision of land management and use

1. Citizens, either individually or through representative organizations, have the right to supervise, report, and request or recommend competent authorities to handle violations in land management and use.

2. Supervision, reporting, and requests or recommendations must be objective, truthful, and in accordance with the law; the right to supervise must not be misused to file complaints or denunciations that do not comply with the law, or to disturb social order; individuals are responsible before the law for the accuracy of the information they report.

3. The content of citizen supervision in the management and use of land includes:

a) The formulation, adjustment, public announcement, and implementation of land use planning and plans;

b) The allocation of land, land lease, and granting permission for changing the land use purpose;

c) The recovery of land, compensation, support, and resettlement;

d) The registration of land, assets attached to the land, issuance of Land Use Rights Certificates, Certificates of House Ownership and Residential Land Use Rights, Certificates of House Ownership, Certificates of Construction Works Ownership, Certificates of Land Use Rights, House Ownership, and other assets attached to the land, Certificates of Land Use Rights, and ownership of assets attached to the land;

đ) The collection, exemption, reduction of land use fees, land lease fees, and taxes related to land; land valuation;

e) The implementation of administrative procedures related to the rights and obligations of land users.

4. Forms of citizen supervision in land management and use include:

a) Directly exercising the right to supervise by reflecting or making recommendations to competent authorities or individuals for resolution;

b) Sending petitions to legally recognized representative organizations for these organizations to carry out supervision.

5. When a competent state agency receives reflections or recommendations from citizens or representative organizations of the people, it has the following responsibilities:

a) Organize reception, classification; check, handle, and respond in writing according to its authority;

b) Forward petitions to the competent state agency for resolution in cases beyond its authority;

c) Notify the organization or individual who made the reflection or recommendation of the results.

Article 232. Monitoring and evaluation of land management and use

1. Monitoring and evaluation of land management and use is the use of information in land management and use activities, and supervision activities to assess the implementation of land laws; the efficiency of land management and use; the impact of land policies and laws on the economy, society, and environment nationwide and in localities.

2. The content of monitoring and evaluation includes:

a) The organization and implementation of land law enforcement by state land management agencies;

b) Compliance with land laws by land users;

c) The efficiency of land management and use; the impact of land policies and laws on the economy, society, and environment;

d) Inspect and supervise the actual management and use of land.

3. Monitoring and evaluation are carried out annually.

4. Responsibilities for monitoring and evaluating land management and use are stipulated as follows:

a) The Ministry of Natural Resources and Environment is responsible for assisting the Government in monitoring and evaluating the management and use of land in provinces and centrally-run cities; the use of land for important national projects whose investment policy is decided by the National Assembly, approved by the Prime Minister, or for large-scale projects using extensive land.

b) The provincial People's Committee organizes the monitoring and evaluation of land management and use at the district level; evaluates land management and use in the provincial area;

c) The district-level People's Committee shall organize the monitoring and evaluation of land management and use for the subordinate commune-level units; evaluate land management and use in the district-level area;

d) The commune-level People's Committee shall organize the monitoring and evaluation of land management and use in the commune-level area.

5. The government shall provide detailed regulations on this Article.

Article 233. Monitoring and evaluation system for land management and use

1. The monitoring and evaluation system for land management and use is a part of the national land information system and other information collected from the implementation of land laws nationwide, including:

a) Information on land planning and land use plans; statistics and land inventory; land prices and land use taxes; land allocation, land lease, land recovery, permission to change land use purposes, issuance of Land Use Right Certificates, Certificates of House Ownership and Land Use Rights, Certificates of House Ownership, Certificates of Construction Work Ownership, Certificates of Land Use Rights, House Ownership and other assets attached to land, Certificates of Land Use Rights, Ownership of assets attached to land; implementation of investment projects using land; compliance with land laws; inspection, examination, and handling of land law violations by state administrative agencies;

b) Information on the resolution of disputes, complaints, denunciations regarding land;

c) Information from the process of monitoring the implementation of land law by citizens; the National Assembly and People's Councils at all levels; the Vietnam Fatherland Front and the Front's member organizations; other relevant organizations;

d) Information that needs to be collected using technological solutions including satellite, airplane, and other aerial photography; collection through field surveys and other technical means;

đ) Necessary information from sociological survey data on land management and use.

2. Agencies with land management functions are responsible for updating the information in the Monitoring and Evaluation System regarding land management and use into the National Land Information System; managing the monitoring and evaluation system; assisting the Government and People's Committees at all levels in organizing the monitoring and evaluation of land management and use.

3. The monitoring and evaluation system for land management and use is made public so that organizations and individuals can access information in accordance with the provisions of the law.

Section 2. INSPECTION, EXAMINATION, AUDIT, RESOLUTION OF LAND DISPUTES, COMPLAINTS, AND ACCUSATIONS

Article 234. Specialized land inspection, land audit

1. Specialized land inspection is the inspection activity conducted by the competent state authority over agencies, organizations, and individuals in complying with land laws, regulations on professional and technical standards, and management rules in the field of land.

2. Specialized land examination is an activity carried out regularly and continuously by agencies, organizations, units, and individuals assigned with land management tasks to urge the implementation of policies, laws, and regulations on land; the responsibilities of agencies, organizations, and individuals contribute to enhancing the efficiency and effectiveness of state management; and to detect, prevent, and promptly handle violations in land management and use.

Provisions repealed

3. The responsibilities for directing and organizing the inspection and examination of land sector affairs are stipulated as follows:

a) The Ministry of Natural Resources and Environment is responsible for directing and organizing inspections and examinations in the land sector nationwide;

b) The provincial-level land management authorities are responsible for organizing inspections and examinations in the land sector;

c) The district-level land management authorities are responsible for organizing inspections in the land sector.

4. The content of inspections and examinations in the land sector includes:

a) Inspecting and examining the compliance with land laws by People's Committees at all levels;

b) Inspecting and examining the compliance with land laws by land users and other involved organizations and individuals;

c) Inspecting and examining the compliance with professional, technical, and management rules in the land sector.

5. Inspection and specialized land inspection have the following tasks:

a) Inspecting and checking the compliance with the law by state agencies and land users in the management and use of land;

b) Urging the implementation of land policies, laws, and regulations; detecting, preventing, and handling violations within their authority or recommending competent state agencies to handle violations of land laws.

6. The tasks and powers of the head of the inspection team, inspectors, and officials performing land inspection work, as well as the procedures and processes for conducting land inspections, are carried out in accordance with the provisions of the law on inspection.

7. The State Audit Office conducts audits of land management and use in accordance with the provisions of the State Audit Law and other relevant legal regulations.

8. The Government shall provide detailed regulations on specialized land inspection.

Article 235. Mediation of land disputes

1. The State encourages parties in land disputes to self-mediate, mediate at the grassroots level according to the provisions of the law on grassroots mediation, mediate according to the provisions of the law on commercial mediation, or use other mediation mechanisms as prescribed by law.

2. Before the competent state authority resolves a land dispute as prescribed in Article 236 of this Law, the disputing parties must conduct mediation at the People's Committee of the commune where the disputed land is located. The mediation of land disputes at the People's Committee of the commune where the disputed land is located is carried out as follows:

a) After receiving a request for land dispute mediation, the Chairman of the commune-level People's Committee is responsible for establishing a Land Dispute Mediation Council to carry out land dispute mediation;

b) The composition of the Land Dispute Mediation Council includes: the Chairman or Vice Chairman of the commune-level People's Committee as the Chairman of the Council, a representative of the commune-level Vietnam Fatherland Front Committee, officials working in land administration, and long-term residents who are familiar with the origin and usage process of the disputed land plot (if any). Depending on specific cases, representatives of other organizations or individuals may be invited to participate in the Land Dispute Mediation Council;

c) Land dispute mediation at the commune-level People's Committee shall be conducted within no more than 30 days from the date of receiving the request for land dispute mediation;

d) The reconciliation must be recorded in minutes signed by the parties participating in the reconciliation and must be confirmed as successful or unsuccessful reconciliation by the commune-level People's Committee. The reconciliation minutes are sent to the disputing parties and kept at the commune-level People's Committee where the disputed land is located;

d) In cases where reconciliation is unsuccessful and one or more disputing parties do not sign the minutes, the Chairman of the Council and the members participating in the reconciliation must sign the minutes, affix the seal of the commune-level People's Committee, and send them to the disputing parties.

3. Reconciliation of land disputes at the Court is carried out in accordance with the provisions of the law on reconciliation, dialogue at the Court, and civil procedural law. Reconciliation of disputes between parties arising from commercial activities related to land through commercial reconciliation is conducted in accordance with the law on commercial reconciliation.

4. In the case of mediation of land disputes as prescribed in Clauses 1, 2, and 3 of this Article where the mediation is successful and there is a change in the boundary, area, or land user, within 30 working days from the date of receipt of the written recognition of the successful mediation result, the parties involved in the mediation must send the written recognition of the successful mediation result to the competent state authority to carry out the registration and issuance of the Certificate of Land Use Rights and Ownership of Land-Attached Assets in accordance with regulations.

5. For areas where no commune-level administrative unit under the district-level People's Committee is established, the provision in Clause 2 of this Article shall not apply. The authority to resolve land disputes shall be carried out in accordance with the provisions of Article 236 of this Law.

Article 236. Authority to resolve land disputes

1. Land disputes in which the disputing parties or one of the disputing parties has a Certificate of Land Use Rights, a Certificate of Ownership of Houses and Land Use Rights, a Certificate of House Ownership, a Certificate of Construction Works Ownership, a Certificate of Land Use Rights, Ownership of Houses and Other Assets Attached to Land, a Certificate of Land Use Rights, Ownership of Assets Attached to Land, or has one of the types of papers prescribed in Article 137 of this Law, and disputes regarding assets attached to land, shall be resolved by the Court.

2. Land disputes where the disputing parties do not have a Certificate of Land Use Rights, Certificate of Ownership of Residential Housing and Land Use Rights, Certificate of Ownership of Residential Housing, Certificate of Ownership of Construction Works, Certificate of Land Use Rights, Ownership of Residential Housing and Other Assets Attached to Land, Certificate of Land Use Rights, Ownership of Assets Attached to Land, or do not have one of the types of documents specified in Article 137 of this Law, the disputing parties may choose one of the following two forms of land dispute resolution as prescribed:

a) Submit a request for dispute resolution to the competent People's Committee as prescribed in Clause 3 of this Article;

b) File a lawsuit at the competent Court in accordance with the provisions of the law on civil procedures.

3. In cases where the disputing parties choose to resolve the dispute at the competent People's Committee, the settlement of land disputes is carried out as follows:

a) In the case of disputes between households, individuals, or community residents with each other, the Chairman of the District People's Committee shall resolve them. If, within 30 days from the date of receiving the resolution decision of the Chairman of the District People's Committee, the disputing parties do not file a lawsuit or lodge a complaint as prescribed in this point, the dispute resolution decision of the Chairman of the District People's Committee shall have legal effect.

In case of disagreement with the resolution, within 30 days from the date of receiving the resolution of the Chairman of the District People's Committee, the disputing parties have the right to file a lawsuit in court according to the provisions of the law on administrative proceedings or to file a complaint to the Chairman of the Provincial People's Committee. The resolution of the Chairman of the Provincial People's Committee is effective.

b) In cases of disputes where one party is an organization, a religious organization, a subordinate religious organization, a Vietnamese person residing abroad, or an economic organization with foreign investment, the Chairman of the Provincial People's Committee shall resolve. After 30 days from the date of receiving the resolution of the Chairman of the Provincial People's Committee, if the disputing parties do not file a lawsuit or complaint according to the provisions in this clause, the resolution of the Chairman of the Provincial People's Committee shall take effect.

In case of disagreement with the settlement decision, within 30 days from the date of receiving the settlement decision of the Chairman of the Provincial People's Committee, the disputing parties have the right to file a lawsuit at the Court in accordance with the provisions of the law on administrative procedures or to file a complaint to the Minister of Natural Resources and Environment. The settlement decision of the Minister of Natural Resources and Environment is effective.

4. The Chairman of the District People's Committee, the Chairman of the Provincial People's Committee, and the Minister of Natural Resources and Environment, when resolving land disputes specified in Clause 3 of this Article, must issue a dispute settlement decision. The dispute settlement decision that is effective must be strictly adhered to by the parties. After 30 days from the date the dispute settlement decision takes effect, if the parties or any of the parties do not comply, enforcement measures will be applied.

The Chairman of the District-level People's Committee where the disputed land is located shall issue a decision to enforce the decision on resolving the land dispute and organize the implementation of the enforcement decision.

5. Disputes between parties arising from commercial activities related to land shall be resolved by the Court in accordance with the provisions of the law on civil procedure or by the Vietnam Commercial Arbitration Center in accordance with the provisions of the law on commercial arbitration.

6. People's Committees at all levels are responsible for providing dossiers and documents related to land management and use when requested by the Court or the Vietnam Commercial Arbitration Center as a basis for resolving land disputes.

7. The Government shall provide detailed regulations on the resolution of disputes under the authority of the Chairman of the District-level People's Committee, the Chairman of the Provincial-level People's Committee, and the Minister of Natural Resources and Environment as stipulated in this Article.

Article 237. Resolution of complaints and lawsuits regarding land management

1. Land users, persons with rights and obligations related to land use have the right to complain or file lawsuits against administrative decisions and administrative acts on land management.

2. The procedures for resolving complaints regarding administrative decisions and administrative acts on land management are implemented in accordance with the provisions of the law on complaints. The procedures for filing lawsuits against administrative decisions and administrative acts on land management are implemented in accordance with the provisions of the law on administrative procedures.

3. The collection, preservation, use, and storage of dossiers and documents related to the resolution of complaints about land management are carried out in accordance with the provisions of the law on complaints.

Article 238. Resolution of denunciations regarding land management and use

1. Individuals have the right to denounce acts violating the law on land management and use.

2. The handling of complaints about violations of laws on land management and use shall be carried out in accordance with the provisions of the law on complaints.

3. The collection, preservation, use, and storage of dossiers and documents related to the handling of complaints about land management and use shall be carried out in accordance with the provisions of the law on complaints.

Chapter 3. HANDLING VIOLATIONS OF LAND LAWS

Article 239. Handling individuals with acts violating land laws

Individuals who commit acts violating land laws shall, depending on the nature and severity of the violation, be subject to disciplinary action, administrative sanctions, or criminal liability; if causing damage, they must compensate in accordance with the provisions of the law.

Article 240. Handling individuals who commit acts violating laws in land management while performing official duties

1. A person who violates the law in land management while performing official duties shall, depending on the nature and severity of the violation, be subject to disciplinary action or criminal liability in accordance with the law for the following violations:

a) Taking advantage of or abusing position or authority to act contrary to legal regulations in land use planning, land use planning, land allocation, land lease, land use purpose conversion, land recovery, land requisition, compensation, support, resettlement, determining financial obligations regarding land, managing cadastral records, registering, issuing Certificates of land use rights, Certificates of house ownership and land use rights, Certificates of house ownership, Certificates of ownership of construction works, Certificates of land use rights, house ownership and assets attached to land, Certificates of land use rights, ownership of assets attached to land, making administrative decisions in land management;

b) Failing to fulfill responsibilities in management that leads to violations of land laws or engaging in other acts causing damage to the interests of the State, and the legitimate rights and interests of land users;

c) Violating regulations on collecting opinions, declaring, and making information public; violating regulations on administrative procedures and processes; violating regulations on reporting in land management.

2. The Government shall stipulate in detail the acts of violating the law in land management while performing official duties that are subject to disciplinary action as prescribed in Clause 1 of this Article.

Article 241. Responsibilities in detecting, preventing, and handling violations of the law on land management and use

1. The Chairpersons of People's Committees at all levels have the following responsibilities:

a) The Chairperson of the Provincial People's Committee and the Chairperson of the District People's Committee are responsible for promptly detecting, preventing, and handling violations of the law on land management and use in the locality within their authority;

b) The Chairman of the commune-level People's Committee is responsible for regularly inspecting, detecting, preventing, and promptly handling within their authority acts of failing to register land; encroaching, occupying, or destroying land; using land for improper purposes; transferring or receiving land use rights illegally, and other violations of land law by land users.

2. The heads of provincial and district-level land management agencies are responsible for inspecting, urging, and guiding the performance of officials and public employees; promptly and lawfully resolving issues within their authority or recommending that the competent authorities handle complaints, denunciations, and petitions from individuals and organizations, and promptly addressing violations of land management and use laws in the local area within their authority.

3. Civil servants working in cadastral work at the commune level; civil servants and public employees of land management agencies at all levels, when performing their official duties, have the responsibility to detect and propose timely handling of acts violating land law.

Article 242. Receiving and handling violations by heads, civil servants, and public employees of land management agencies at all levels and civil servants performing cadastral work at the commune level

1. Organizations and individuals, upon discovering that civil servants or public employees of land management agencies at all levels, or civil servants performing cadastral work at the commune level, violate land management regulations, have the right to send a petition to the competent authority according to the following provisions:

a) For violations by civil servants performing cadastral work at the commune level, the petition should be sent to the Chairman of the Commune People's Committee;

b) For violations committed by public employees or officials, they must be reported to the head of the land management agency at the relevant level;

c) For violations committed by the head of a land management agency, they must be reported to the Chairman of the People's Committee at the same level.

2. Within 30 days from the date of receiving the report, the Chairman of the People's Committee or the head of the agency with land management functions specified in Clause 1 of this Article is responsible for reviewing, resolving, and notifying the person who submitted the report of the resolution in writing.

Chapter XVI. IMPLEMENTING PROVISIONS

Section 1. AMENDMENTS AND SUPPLEMENTS TO CERTAIN ARTICLES OF LAWS AND RESOLUTIONS OF THE NATIONAL ASSEMBLY RELATED TO LAND

Article 243. Amendments and supplements to certain articles of the Law on Planning No. 21/2017/QH14 as amended and supplemented under Law No. 15/2023/QH15, Law No. 16/2023/QH15, and Law No. 28/2023/QH15

1. Amend and supplement Clause 2 of Article 24 as follows:

2. National land use planning includes the following main contents:

a) Analysis and assessment of natural factors and conditions, resources, direct impact context, and the current state of land use in various sectors and fields;

b) Forecasting trends in land use;

c) Identifying viewpoints and land use objectives in the new period;

d) Orientation for national land use and socio-economic regions, with a land use vision that meets the needs for socio-economic development, ensures national defense and security, protects the environment, and adapts to climate change;

e) Determining land use indicators for agricultural land and non-agricultural land groups, including specifying the area of certain land types such as rice land, special-use forest land, protection forest land, natural production forest land, defense land, and security land;

f) Solutions and resources for implementing the planning.

2. Amend and supplement certain provisions of Article 25 as follows:

a) Amend the opening paragraph of Clause 4 as follows:

"4. Planning the use of national resources, except for defense land use planning and security land use planning, includes the following contents:".

b) Add Clause 4a after Clause 4 as follows:

"4a. Defense land use planning and security land use planning include the following main contents:

a) Orientation for the use of defense land and security land;

b) Determining the demand for defense land and security land use in the land use planning period in accordance with the national master plan; national defense and security tasks; and the national socio-economic development plan;

c) Phasing of defense land and security land use planning for each 5-year plan period;

d) Solutions and resources to implement defense land use planning and security land use planning.".

c) Amend and supplement Clause 7 as follows:

“7. The Government shall provide detailed regulations on the contents of national sectoral planning in Clauses 3, 4, 4a, 5, and 6 of this Article; and regulations on the integration of planning into national sectoral planning.

The preparation, appraisal, approval, and adjustment of plans have a technical and specialized nature to implement the contents prescribed in Clauses 3, 4, 4a, 5, and 6 of this Article and shall be carried out in accordance with the provisions of relevant laws.”

3. Amend and supplement Point l, Clause 2, Article 27 as follows:

“l) Orient land use down to each district-level administrative unit;”.

4. Add the planning item number 1a before item number 1 of Appendix II on the List of plans with technical and specialized nature as follows:

No.

PLAN NAME

LEGAL DOCUMENT

1a.

Provincial-level land use planning

Land Law No. 31/2024/QH15

Article 244. Amendments and additions to Clause 4, Article 44 of the Fisheries Law No. 18/2017/QH14

“4. The lease term for sea areas for aquaculture shall not exceed 50 years, counted from the date the sea area allocation decision takes effect. Upon expiration of the lease term, organizations and individuals wishing to continue using the allocated sea area for aquaculture shall have the lease considered for extension by the State; it may be extended multiple times, but the total extension period shall not exceed 20 years. The lease term for sea areas to Vietnamese organizations or individuals carrying out scientific and technological tasks for aquaculture purposes shall not exceed the duration of the approved scientific and technological task by the competent authority.”.

Article 245. Amendments and supplements to certain articles of the Law on Organization of Local Government No. 77/2015/QH13, as amended and supplemented by Law No. 21/2017/QH14, Law No. 47/2019/QH14, and Resolution No. 96/2023/QH15

1. Amend and supplement point h, clause 3, Article 19 as follows:

“h) Approve the provincial land use planning before submitting it to the Prime Minister for approval; decide on measures for the management and use of land, water resources, mineral resources, benefits in sea and air areas, other natural resources, and environmental protection within the delegated authority.”

2. Amend and supplement point a, clause 2, Article 26 as follows:

“a) Approve the district's medium-term and annual socio-economic development plan, and the district's land use planning before submitting it to the provincial People's Committee for approval;”

3. Amend and supplement clause 2, Article 40 as follows:

"2. Approve the land use plan of a centrally-managed city in accordance with the provisions of the Land Law before submitting it to the Prime Minister for approval."

4. Add clause 2a after clause 2 of Article 42 as follows:

"2a. Approve the planning and land use plan of a district under the provisions of the Land Law."

5. Amend and supplement Article 129 as follows:

"Article 129. Authority to decide on the establishment, dissolution, merger, division, adjustment of administrative boundaries, naming, and renaming of administrative units

1. The National Assembly decides on the establishment, dissolution, merger, division, and adjustment of provincial-level administrative boundaries; naming and renaming provincial-level administrative units.

2. The Standing Committee of the National Assembly decides on the establishment, dissolution, merger, division, and adjustment of district- and commune-level administrative boundaries; naming and renaming district- and commune-level administrative units."

3. The government submits to the National Assembly and the Standing Committee of the National Assembly for decision on the establishment, dissolution, merger, division, adjustment of administrative unit boundaries; naming and renaming administrative units as prescribed in Clauses 1 and 2 of this Article.

Article 246. Amendments and supplements to Clause 4, Article 106 of the Law on Civil Judgment Enforcement No. 26/2008/QH12, which has been amended and supplemented in some articles according to Law No. 64/2014/QH13, Law No. 23/2018/QH14, Law No. 67/2020/QH14, and Law No. 03/2022/QH15.

Amend Clause 4, Article 106 as follows:

"4. In case the asset is the land use right or an asset attached to the land that meets the conditions but has not yet been issued a certificate for the first time, the enforcement agency is responsible for requesting the competent authority to carry out the issuance of the Certificate of Land Use Rights, Ownership of Assets Attached to Land for the buyer of the enforcement asset or the recipient of the enforcement asset in accordance with the law.

In case the asset is the land use right or an asset attached to the land that has already been issued a certificate but the issued certificate cannot be recovered, the enforcement agency is responsible for requesting the competent authority to recover or cancel the issued certificate and issue the Certificate of Land Use Rights, Ownership of Assets Attached to Land for the buyer of the enforcement asset or the recipient of the enforcement asset in accordance with the law."

Article 247. Amendment and supplementation of Clause 1, Article 14 of the Personal Income Tax Law No. 04/2007/QH12, which has been amended and supplemented by a number of articles according to Law No. 26/2012/QH13 and Law No. 71/2014/QH13

Amendment and supplementation of Clause 1, Article 14 as follows:

"1. Taxable income from real estate transfer is determined as the transfer price of each transaction; in the case of transferring land use rights, the taxable income is calculated according to the land prices in the land price table."

Article 248. Amendment and supplementation of some articles of the Forestry Law No. 16/2017/QH14, which has been amended and supplemented by some articles according to Law No. 16/2023/QH15

1. Amendment and supplementation of Clause 1 and Clause 2, Article 14 as follows:

"1. In accordance with the national forestry planning or provincial planning or district-level land use planning."

2. Not to convert the purpose of natural forest use to other purposes, except for the following projects: national important projects; projects serving defense and security; other urgent projects according to criteria stipulated by the Government.

2. Amend and supplement Clause 1, Article 15 as follows:

"1. The plan for forest allocation, forest leasing, conversion of forest use purposes to other purposes by the district-level People’s Committee must be approved by the provincial-level People’s Committee or the annual district-level land use plan must be approved by the competent authority."

3. Add point đ after point d, Clause 2, Article 16 as follows:

"đ) Management boards of special-use forests for protection forests interspersed within special-use forest areas."

4. Amend and supplement Clause 1, Article 19 as follows:

"1. In accordance with the national forestry plan or provincial plan or district-level land use plan."

5. Amend and supplement Article 20 as follows:

“Article 20. Authority to decide on the policy of converting forest use purposes to other purposes

The Provincial People's Council decides on the policy of converting forest use purposes to other purposes, except in cases of implementing projects under the authority of the National Assembly, the Prime Minister, or when the Provincial People's Council approves and decides on the investment policy in accordance with the Laws on Investment, Public Investment Law, Law on Public-Private Partnership Investment, and Petroleum Law.”

6. Amendments and supplements to several clauses of Article 23 are as follows:

a) Amend and supplement point a, clause 1 as follows:

“a) Allocate forest, lease forest, convert forest use purposes to other purposes, recover forest for organizations, except in cases specified at point c, clause 2 of this Article;”

b) Amend and supplement clause 2 as follows:

“2. The authority of the District People's Committee is regulated as follows:

a) Allocating forest, leasing forest, converting forest land to another purpose for households and individuals;

b) Allocating forest, converting forest land to another purpose for community residents;

c) Reclaiming forest in cases of land recovery with forest under the authority of the district-level People's Committee according to the provisions of the Land Law.

7. Amend and supplement the title of the article, Clause 5, and add Clause 6 after Clause 5 of Article 53 as follows:

a) Amend and supplement the title of Article 53 as follows:

"Article 53. Scientific research, teaching, internship, ecotourism, resort, entertainment activities, and cultivating, developing, harvesting medicinal plants in special-use forests";

b) Amend and supplement Clause 5 and add Clause 6 after Clause 5 as follows:

5. Construction of works serving ecotourism, resort, and entertainment is allowed. The sequence and procedures for construction, appraisal, and approval of ecotourism, resort, and entertainment projects, as well as the management of construction works serving ecotourism, resort, and entertainment in special-use forests, shall be carried out in accordance with the Forest Management Regulation and other relevant legal provisions.

6. Cultivation, development, and harvesting of medicinal plants in special-use forests are regulated as follows:

a) The forest owner shall develop a plan for cultivation, development, and harvesting of medicinal plants in special-use forests and submit it to the competent authority for approval;

b) The forest owner may organize, cooperate, link, or lease the forest environment to organizations or individuals for cultivation, development, and harvesting of medicinal plants or for conducting scientific research activities.

c) The activities of raising, cultivating, developing, and harvesting medicinal plants in special-use forests are carried out in accordance with the Forest Management Regulations and other relevant legal provisions.

8. Amend and supplement the article title, clause 5, and add clause 6 after clause 5 of Article 56 as follows:

a) Amend and supplement the title of Article 56 as follows:

"Article 56. Activities of scientific research, teaching, internships, ecotourism, recreation, entertainment, and raising and cultivating medicinal plants in protection forests";

b) Amend and supplement Clause 5 and add Clause 6 after Clause 5 as follows:

"5. Allowed to construct works serving ecotourism, recreation, and entertainment. The procedures for construction, appraisal, and approval of ecotourism, recreation, and entertainment projects, as well as the management of construction works serving ecotourism, recreation, and entertainment in protection forests, are carried out in accordance with the Forest Management Regulations and other relevant legal provisions.

6. Raising and cultivating medicinal plants in protection forests are regulated as follows:

a) Forest owners develop plans for cultivating and growing medicinal plants in protection forests and submit them to the competent authorities for approval;

b) Forest owners independently organize, cooperate, link, or lease the forest environment to organizations or individuals to cultivate and grow medicinal plants or to organize scientific research activities;

c) Activities of cultivating and growing medicinal plants in protection forests are carried out in accordance with the Forest Management Regulations and other relevant legal provisions.

9. Amend and supplement Clause 4, Article 60 as follows:

"4. Allowed to self-organize, cooperate, form joint ventures, linkages, or lease forest land and forest environments to organizations or individuals in accordance with the rights of forest owners for the purpose of ecotourism, resort, entertainment business, or for cultivating and developing medicinal plants, or to conduct scientific research activities, but must not affect the land use purpose as stipulated by the land law."

Article 249. Amendments and supplements to Clause 3, Article 6 of the Law on Non-Agricultural Land Use Tax No. 48/2010/QH12

Amend Clause 3, Article 6 as follows:

"3. The price of 01 m² of land is the land price according to the land price table corresponding to its intended use and is stabilized on a 5-year cycle."

Article 250. Amendment and supplementation of Clause 3, Article 29 of the Investment Law No. 61/2020/QH14, which has been amended and supplemented in some articles according to Law No. 72/2020/QH14, Law No. 03/2022/QH15, Law No. 05/2022/QH15, Law No. 08/2022/QH15, Law No. 09/2022/QH15, Law No. 20/2023/QH15, Law No. 26/2023/QH15, Law No. 27/2023/QH15, and Law No. 28/2023/QH15.

Amend and supplement Clause 3, Article 29 as follows:

"3. The competent authority shall perform the procedure for approving investors in the following cases:

a) The auction for land use rights is unsuccessful as prescribed by the Land Law;

b) There is only one investor meeting the conditions for expressing interest in cases where the laws governing the sector or field provide for determining the number of interested investors when conducting the procedure for selecting investors."

Article 251. Abolition of certain articles of laws and resolutions of the National Assembly related to land

Amended and supplemented provisions:

1. Abolish certain articles of laws related to land as follows:

a) Repeal Clause 3 of Article 36 and Clause 2 of Article 86 of the Law on Management and Use of Public Assets No. 15/2017/QH14, as amended and supplemented by Law No. 64/2020/QH14 and Law No. 07/2022/QH15;

b) Repeal Clause 1 of Article 12 of the Railway Law No. 06/2017/QH14, as amended and supplemented by Law No. 35/2018/QH14 and Law No. 16/2023/QH15.

Amended and supplemented provisions:

2. Repeal Resolution No. 132/2020/QH14 dated November 17, 2020 of the National Assembly piloting certain policies to remove obstacles and backlogs in the management and use of national defense and security land combined with labor, production activities, and economic construction.

Section 2. EFFECTIVENESS AND TRANSITIONAL PROVISIONS

Article 252. Effectiveness

1. This Law takes effect from January 1, 2025, except for the cases specified in Clauses 2 and 3 of this Article.

2. Article 190 and Article 248 of this Law take effect from April 1, 2024.

3. The preparation and approval of land use planning will continue to be carried out in accordance with the provisions of Resolution No. 61/2022/QH15 dated June 16, 2022 of the National Assembly on continuing to strengthen the effectiveness and efficiency of the implementation of policies and laws on planning and some solutions to remove difficulties and obstacles, accelerate the progress of preparation and improve the quality of planning for the period 2021 - 2030.

Clause 9, Article 60 of this Law shall take effect from the date Resolution No. 61/2022/QH15 expires.

4. The Land Law No. 45/2013/QH13, as amended and supplemented in certain articles by Law No. 35/2018/QH14 (hereinafter referred to as Land Law No. 45/2013/QH13), shall expire from the effective date of this Law.

Article 253. Transitional provisions on land use planning and plans when this Law takes effect.

1. Land use planning and plans that have been decided and approved by the competent state authority before the effective date of this Law shall continue to be implemented and may be adjusted when reviewing land use planning and plans in accordance with the provisions of Article 73 of this Law.

2. For localities that have had the provincial planning for the 2021 - 2030 period approved in accordance with the laws on planning before the effective date of this Law, the allocation and zoning plans of the provincial land planning may continue to be used to carry out land management until the end of the planning period. Adjustments to provincial planning shall be implemented in accordance with the provisions of the Law on Planning No. 21/2017/QH14.

Article 254. Transitional provisions on land recovery; compensation, support, and resettlement when the State recovers land upon the effective date of this Law.

1. In the case where there is already a land recovery decision according to the provisions of land law before the effective date of this Law but there is no approval decision for a compensation, support, and resettlement plan by the competent state agency, the compensation, support, and resettlement shall continue to be implemented in accordance with the provisions of this Law.

2. In the case where there is already a land recovery decision and an approval decision for a compensation, support, and resettlement plan according to the provisions of land law before the effective date of this Law but has not been implemented, the approved compensation, support, and resettlement plan shall continue to be implemented; the handling of delayed compensation payments shall be carried out in accordance with the provisions of law at the time the State issues the land recovery decision.

3. In cases prior to the effective date of this Law, when the competent state agency has issued a document determining that the investor's act of not putting the land into use or delaying the use of land violates the provisions at Point i, Clause 1, Article 64 of Land Law No. 45/2013/QH13, the handling shall be as follows:

a) In cases where a decision to recover the land has not yet been issued, the People's Committee of the competent level shall handle it in accordance with the provisions of Clauses 8 and 9, Article 81 of this Law;

b) In cases where a decision to recover the land has been issued, the land shall be recovered according to the land recovery decision, and the handling of land use fees, land rent, and assets invested on the recovered land shall be carried out in accordance with the provisions of law at the time the State issues the land recovery decision.

4. In the case where a land recovery decision and a decision approving the compensation, support, and resettlement plan were issued before this Law takes effect, but the decision to allocate resettlement land is only issued after this Law takes effect, the land price for calculating land use fees at the resettlement site shall be determined at the time the compensation, support, and resettlement plan is approved; in the case where at the time of issuing the decision to allocate resettlement land, the resettlement land price is lower than the land price in the compensation, support, and resettlement plan, the land price at the time of issuing the decision to allocate resettlement land shall apply.

5. For investment projects that have been approved by the Prime Minister regarding the Framework Policy on Compensation, Support, and Resettlement before the effective date of this Law, but the local authorities have not yet approved the plan on compensation, support, and resettlement, the more favorable policies for the landowners according to the Framework Policy on Compensation, Support, Resettlement, and the provisions of this Law shall be applied.

6. Investment projects falling under the case of agreements on land use right transfers as prescribed in the Land Law No. 45/2013/QH13, which are in the process of making agreements but have not completed the agreement by the effective date of this Law, the Provincial People's Committee shall, based on the actual local situation, decide to allow the continuation of the agreement on land use right transfers.

Article 255. Transitional provisions on land allocation, land lease, and change of land use purpose when this Law takes effect

1. Households and individuals using agricultural land allocated before July 1, 2014, but exceeding the allocation limit at the time of allocation must convert to land lease under the provisions of this Law for the portion exceeding the limit.

2. Economic organizations, households, individuals, and overseas Vietnamese who were allocated land by the State with land use fees before this Law came into effect and who now fall under the land lease provisions of this Law may continue to use the land until the remaining land use term without having to convert to a land lease. When the land use term expires, if authorized by the competent state agency for extension, they must convert to land lease according to the provisions of this Law.

3. Organizations, households, individuals, and Vietnamese people residing abroad who were allocated land by the State without land use fees before July 1, 2014, and fall under the case of land leasing according to the provisions of the Land Law No. 45/2013/QH13 and this Law, must switch to land lease.

4. Economic organizations, households, individuals, and Vietnamese people residing abroad who fall under the case of being allowed to continue using land according to Clause 3, Article 60 of the Land Law No. 45/2013/QH13 may continue to use the land within the remaining land use term without switching to land lease according to the provisions of this Law.

5. Economic organizations that fall under the case of being allowed to continue using land according to Clause 4, Article 60 of the Land Law No. 45/2013/QH13 may continue to use the land within the remaining term of the project without switching to land lease according to the provisions of this Law.

6. Land users who fall under the case of being allowed to continue using land according to the provisions of Clause 5, Article 60 of the Land Law No. 45/2013/QH13 may choose to continue leasing the land for the remaining land use term or switch to land allocation with land use fee in accordance with the provisions of this Law.

7. Organizations, households, individuals, overseas Vietnamese, and enterprises with foreign investment that have submitted dossiers to carry out procedures for land allocation, land lease, or land use purpose conversion but have not yet received a decision on land allocation, land lease, or permission for land use purpose conversion shall carry out land allocation, land lease, or land use purpose conversion according to the provisions of the law prior to the effective date of this Law; in case of demand, they may carry out according to the provisions of this Law.

8. Public service units that are allocated land by the State without paying land use fees or leasing land before the effective date of this Law shall continue to use the land for the remaining land use term in the form in which the land was allocated or leased; if there is a need, they may convert to a form of land allocation or land lease according to the provisions of this Law. When the land use term expires, the extension of land use shall be carried out in accordance with the provisions of this Law.

9. For investment projects that already have written approval for investment policy or investor selection, where the investor is an authority as prescribed by the laws on investment, housing, and bidding before July 1, 2014, but land has not yet been allocated or leased to the investor, if the project now complies with the planning and land use plan, and the Provincial People's Committee has reviewed and confirmed that it was carried out in accordance with the provisions of the laws on investment, housing, and bidding at the time of issuance of those documents, and the delay in land allocation or leasing is not the fault of the investor, the investor, then there is no need to organize a land use right auction or competitive bidding to select an investor to implement a land-use project as prescribed by this Law; the procedures, authority, and time limits for land allocation or leasing shall be carried out in accordance with the provisions of this Law.

Amended and supplemented provisions:

10. For investment projects that have selected investors and where the project owner, in accordance with investment law, housing law, and bidding law from July 1, 2014, until before the effective date of this Law, has not yet allocated land or leased land, but falls under the case of land allocation or land lease without conducting a land use right auction according to the provisions of Land Law No. 45/2013/QH13, related laws, and in accordance with the planning and land use plans, the next steps in the process and procedures for land allocation or land lease shall continue to be carried out to allocate or lease the land to the investor or project owner in accordance with the provisions of this Law.

11. Individuals who were allocated tidal flat land along rivers or the coast by the State before July 1, 2014, for agricultural purposes may continue to use it for the remaining term of land allocation. When the land allocation term expires, if there is a need for land use, in accordance with planning, land use plans, and not violating land laws, the State will consider allocating or leasing the land.

Article 256. Settlement regarding cadastral records, land registration, and issuance of certificates when this Law comes into effect

1. Paper-based cadastral records established before this Law comes into effect shall continue to be used for land management purposes and must be digitized in the process of constructing the national land database as prescribed by this Law.

2. Land registration dossiers, property attached to land, and the issuance of Certificates of land use rights, ownership of houses, and other assets attached to land that have been received by the competent authority but have not yet been issued a Certificate of land use rights, ownership of houses, and other assets attached to land by the competent authority as of the effective date of this Law shall continue to be processed in accordance with the provisions of the Land Law No. 45/2013/QH13 and detailed guiding documents; the authority to issue Certificates of land use rights and ownership of assets attached to land shall be carried out in accordance with the provisions of this Law. In cases where land users request implementation in accordance with the provisions of this Law, the competent authority shall resolve it in accordance with this Law.

3. Certificates of land use rights, Certificates of home ownership and residential land use rights, Certificates of home ownership, Certificates of ownership of construction works, Certificates of land use rights, home ownership, and other assets attached to the land that were issued in accordance with the laws on land, housing laws, and construction laws before this Law takes effect still have legal value and do not need to be reissued as Certificates of land use rights and ownership of assets attached to the land; if desired, they can be reissued as Certificates of land use rights and ownership of assets attached to the land in accordance with the provisions of this Law.

4. In the case of land use right certificates, house ownership and residential land use right certificates, or certificates of land use rights, house ownership, and other assets attached to the land that were issued to representatives of households before this Law takes effect, if the members who have joint land use rights of the household have the need, they shall be issued converted certificates of land use rights and ownership of assets attached to the land with the full names of the members who have joint land use rights recorded.

The determination of the members who share the land use rights of the household to be recorded on the Certificate of Land Use Rights and Ownership of Land-Attached Assets shall be agreed upon by these members themselves and they are responsible before the law.

Article 257. Settlement of land finance, land prices when this Law takes effect.

1. The land price table issued by the Provincial People's Committee in accordance with the Land Law No. 45/2013/QH13 shall continue to be applied until December 31, 2025; if necessary, the Provincial People's Committee shall decide to adjust the land price table in accordance with the provisions of this Law to suit the actual land price situation in the locality.

2. In cases where a decision has already been made to allocate land, lease land, allow land use purpose conversion, allow conversion from annual land lease payment to a one-time payment for the entire lease period, extend land use, adjust land use duration, or adjust detailed planning in accordance with the provisions of land law and other relevant legal provisions before this Law takes effect but the land price has not yet been determined, the following procedures shall apply:

a) For cases of land allocation or land lease under the provisions of the 1993 Land Law, Land Law No. 13/2003/QH11, and the detailed guiding documents, if the land is actually handed over before January 1, 2005, the policy on land use fees, land lease fees, and land prices for calculating land use fees and land lease fees shall apply at the time of the 2005 land price table issued by the Provincial People's Committee and put into effect;

b) In the case of land allocation or land lease under the provisions of the 1993 Land Law, Land Law No. 13/2003/QH11, and guiding and detailed documents, if the competent state agency actually hands over the land from January 1, 2005, until before this Law comes into effect, the policy on land use fees, land lease fees, and land prices to calculate land use fees and land lease fees shall be determined at the time of actual land handover;

c) In cases where there is already a decision to allocate land, lease land, allow the change of land use purpose, allow the change from annual land lease payment to one-time payment for the entire lease period, extend land use, adjust land use duration, or adjust detailed construction planning according to the provisions of the Land Law No. 45/2013/QH13 and detailed guiding documents, but the land price plan has not been submitted to the competent People's Committee, the policy on land use fees, land lease fees, and land prices shall be determined at the time of issuance of that decision.

In cases where the competent People's Committee has implemented land allocation or lease according to the schedule of compensation, support, and resettlement, the specific land price shall be determined at the time of issuance of each decision;

d) The government shall regulate the application of land valuation methods and the amount of money that land users must additionally pay for periods during which land use fees or land rent were not calculated, in cases specified in points a, b, and c of this clause.

3. In cases where the land price plan has been submitted to the competent People's Committee for deciding the specific land price in accordance with the law before the effective date of this Law, the competent People's Committee shall decide the specific land price according to the submitted plan without applying the provisions of this Law.

Article 258. Settlement regarding the land use term when this Law comes into effect

1. For land allocated by the State to economic organizations to create capital for infrastructure construction under projects, land originating from winning land use rights auctions before July 1, 2004, used by economic organizations, the land use term is determined according to the term stated in the land allocation decision. In cases where the land allocation decision does not state the term, the land use term is determined according to the term of the land type prescribed by law at the time of allocation.

2. In cases where land has been allocated, leased by the State, or land use rights have been recognized but the land use term has expired, if before the effective date of this Law the competent state authority has not yet recovered the land, consideration shall be given to extending the land use term or recovering land in accordance with the provisions of this Law.

Article 259. Handling of land use rights of households existing before the effective date of this Law

1. A household using land, as determined under the land law before this Law takes effect, may participate in land-related legal relations as a group of land users who have shared land use rights as prescribed in Clause 2, Article 27 of this Law.

A household using land that has been allocated land, leased land, recognized for land use rights, or received the transfer of land use rights before this Law takes effect shall have rights and obligations equivalent to those of an individual land user as stipulated in this Law.

2. When a competent state authority allocates or leases land to a household to implement an approved compensation, support, and resettlement plan, it must specifically record the individuals who are members of the household with land use rights in the land allocation or lease decision.

3. Households that were allocated land by the State without land use fees, allocated land with land use fees, or leased land before the effective date of this Law shall be allowed to continue using the land for the remaining land use term. When the land use term expires, they may extend land use under the form of land allocation or land lease to individuals who are members of that household in accordance with the provisions of this Law.

Article 260. Transitional provisions for certain other cases when this Law takes effect

1. Economic organizations, households, and individuals who were leased land by the State before July 1, 2004, and have paid the land lease fee for the entire lease term or prepaid for multiple years, with a remaining lease term of at least 5 years for which the fee has been paid, shall have the rights and obligations prescribed in Article 33 of this Law for economic organizations; and the rights and obligations prescribed in Clause 1, Article 37 of this Law for households and individuals.

2. In cases where the investor is leased land by the State with annual land rent payment to invest in the construction and business of industrial park infrastructure, industrial cluster infrastructure, or export processing zones, and has sub-leased land with infrastructure under the form of one-time land rent payment for the entire lease term before July 1, 2014, they must pay the State according to Government regulations; the sub-lessee of the land has the rights and obligations as if they were leased land by the State with one-time rent payment for the entire lease term after the investor has fully paid the land rent into the state budget.

3. Economic organizations, households, individuals, and overseas Vietnamese investing in production and business in industrial zones, industrial clusters, and export processing zones shall continue to use the land for the remaining term of the project as specified in clause 5, Article 149 of the Land Law No. 45/2013/QH13, and shall continue to use the land for the remaining term of the project without having to switch to land lease. When the project term expires, if there is a demand, the State shall consider allowing land lease in accordance with the provisions of this Law.

Amended and supplemented provisions:

4. Land use plans, handling plans, rearrangement plans, and plans for handling houses and land that have been approved by the competent authority in accordance with Resolution No. 132/2020/QH14 of the National Assembly on piloting certain policies to remove obstacles and backlogs in the management and use of national defense and security land combined with labor production and economic construction activities before the effective date of this Law shall be implemented according to the approved plan.

The land use plan, handling plan, and plan for rearranging and handling houses and land that are in the process of completing procedures to submit to the competent authority for approval shall continue to be implemented according to the sequence and procedures prescribed in Resolution No. 132/2020/QH14 of the National Assembly piloting certain policies to remove obstacles and backlogs in the management and use of national defense and security land combined with labor, production, and economic construction activities.

5. In the case of industrial clusters established before the effective date of this Law by public service units, district-level People's Committees, or commune-level People's Committees as the investors in infrastructure construction, the authority to lease land to organizations, households, and individuals investing in production and business in the industrial cluster shall be carried out in accordance with the provisions of Article 123 of this Law.

6. For land in economic zones and high-tech zones that has been allocated by the State to the Management Board of the economic zone or the high-tech zone before the effective date of this Law, the handling shall be as follows:

a) For land areas that have been re-allocated or leased before the effective date of this Law, land users shall continue to use the land until the end of the land use term. The extension of land use shall be carried out in accordance with the provisions of this Law;

b) For land areas that have not yet been allocated or leased by the Management Board of the economic zone or the high-tech zone, the State shall recover the land to allocate or lease in accordance with the provisions of this Law;

c) Land users in economic zones and high-tech zones before the effective date of this Law shall continue to exercise the rights and obligations corresponding to the form of land allocation or lease during the remaining land use period in accordance with the provisions of this Law;

d) Economic organizations, households, individuals, and Vietnamese citizens residing abroad who invest in production and business in economic zones may continue to use the land according to the remaining term of the project as prescribed in Clause 7, Article 151 of the Land Law No. 45/2013/QH13, and shall continue to use the land for the remaining term of the project without having to switch to land lease. Upon expiration of the project implementation term, if there is a demand, the State shall consider allowing land lease in accordance with the provisions of this Law.

7. In the case of projects involving land reclamation that have been approved by the National Assembly or the Prime Minister in accordance with the law on public investment, or decisions approving the investment policy, or decisions approving the investment policy while simultaneously approving the investor in accordance with the law on investment before the effective date of Article 190 of this Law, the investor shall be allowed to be allocated land or leased land without auctioning the land use rights, and without bidding for a project using land, to continue implementation according to the approved investment project.

8. In the case of an underground construction project that has already received a decision approving the investment project in accordance with the provisions of the law on public investment, a decision approving the investment policy, or a decision approving the investment policy while also approving the investor in accordance with the provisions of the law on investment before the effective date of this Law, it may continue to be implemented according to the approved investment project.

Amended and supplemented provisions:

9. In the case of land for airports and civil aviation airports that have been allocated or leased by the State to the Civil Aviation Authority before the effective date of this Law, management and use of the land shall continue to comply with the provisions of the Land Law No. 45/2013/QH13. In the event that the State has a policy to invest in upgrading or expanding, which changes the construction planning of airports and civil aviation airports, or changes the entity managing and using the airports, the management and use of land shall be carried out according to the provisions of this Law.

For cases where the Civil Aviation Authority has leased land before the effective date of this Law, the lease contracts shall continue to be implemented; upon expiration, the State shall recover the land area from the Civil Aviation Authority to lease it in accordance with the provisions of this Law.

10. For land used by religious organizations or affiliated religious organizations before the effective date of this Law, they shall continue to be allowed to use the land in the form determined in accordance with the provisions of the Land Law No. 45/2013/QH13.

11. Land users who are allocated land by the State with land use fees or leased land and are exempted or reduced from land use fees or land rent in accordance with the provisions of land law before the effective date of this Law shall continue to be exempted or reduced from land use fees or land rent for the remaining land use period in accordance with the land law before the effective date of this Law.

12. Land users who are leased land by the State and have chosen the form of annual land rent payment or one-time land rent payment for the entire lease term before the effective date of this Law shall continue to use the land according to the chosen lease form for the remaining land use term, except for the cases prescribed in Article 30 of this Law.

13. Land users who have voluntarily advanced the costs of compensation, support, and resettlement according to the compensation, support, and resettlement plan approved by the competent authority before the effective date of this Law shall be reimbursed in the form of a deduction from the land use fees and land rental fees payable under the provisions of the land law prior to the effective date of this Law.

14. In cases where an economic organization is exempt from land use fees or land lease fees before the effective date of this Law and later transfers or contributes capital using land use rights, it shall exercise rights and obligations according to the provisions of this Law.

15. Individuals who are ethnic minorities and have been allocated land or leased land by the State under the land support policy for ethnic minorities according to legal regulations before the effective date of this Law, and meet the conditions to enjoy the land support policy for ethnic minorities according to the provisions of this Law, shall enjoy the land support policies stipulated by this Law.

16. Foreign-invested enterprises as prescribed by the Law on Real Estate Business No. 66/2014/QH13, amended and supplemented in certain provisions by Law No. 61/2020/QH14, that are in the process of transferring the entire or a part of a real estate project but have not completed land-related procedures for the project or part of the project being transferred by the effective date of this Law, the competent state agency shall carry out procedures for land allocation, land lease for the transferee, and issue the Land Use Right Certificate, the ownership of assets attached to the land in accordance with the provisions of this Law. The transferee of the entire or part of the real estate project shall inherit the land-related rights and obligations of the project transferor.

This Law was passed by the National Assembly of the Socialist Republic of Vietnam, XV Legislature, at the fifth extraordinary session on January 18, 2024./.

CHAIRMAN OF THE NATIONAL ASSEMBLY

Vương Đình Huệ